HomeMy WebLinkAboutReso 2009-275RESOLUTION NO. 2009-275
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING SECTION A.1.D TO CHAPTER IV
OF THE MASTER FEE SCHEDULE TO INCLUDE A FINE
FOR BUSINESSES NOT COMPLYING WITH THE FREE
RESOURCE & ENERGY EVALUATION REQUIREMENT OF
$l5 OR 5% OF BUSINESS LICENSE FEE (WHICHEVER IS
GREATER)
WHEREAS, as part of the climate protection measures which were approved by City
Council to help reduce Chula Vista's citywide greenhouse gas or "carbon" emissions, City staff
integrated no-cost energy and water evaluations (known as the Free Resource & Energy
Business Evaluation or FREBE program) into the business licensing process; and
WHEREAS, on July 10, 2008 the City Council approved the implementation plans for
seven climate protection measures which focused on lowering energy and water consumption,
installing renewable energy systems, promoting alternative fuel vehicles, and designing
pedestrian and transit-friendly communities; and
WHEREAS, staff developed an ordinance and implemented a voluntary program that
encouraged businesses through the annual business licensing process to participate in an energy
and water evaluation of their facilities; and
WHEREAS, the no-cost program, recently renamed the Free Resource & Energy
Business Evaluation or FREBE, assists businesses in lowering their monthly utility costs and
consequently their contribution to greenhouse gas emissions and climate change impacts; and
WHEREAS, the on-site evaluations, which are performed by trained City staff in about
30 minutes, may include a review of a building's systems (i.e. lighting, cooling and heating),
envelope (i.e. exterior windows, doors and insulation), office equipment, appliances, operational
procedures, and utility bills; and
WHEREAS, with the evaluation's results, detailed strategies can be recommended to the
business to help reduce their energy and water consumption through voluntary efficiency
upgrades and/or operational changes; and
WHEREAS, evaluations are also a key step in identifying available incentives, rebates,
and low cost financing options that will reduce any potential upfront costs for the business to
implement the established cost-saving improvements; and
WHEREAS, as part of the climate protection measures' 12-month progress report, staff
reported that linking a voluntary energy and water evaluation program to the business license
process resulted in less than 1 % participation of eligible businesses (29 of 4,100); and
Resolution No. 2009-275
Page 2
WHEREAS, because of the low participation levels, staff had to resort to on-site
solicitations of 432 businesses to increase participation creating significantly higher
implementation costs and decreasing the program's cost effectiveness; and
WHEREAS, over 311 businesses participated in the program between January and July
2009 with 71 % of participants implementing one or more of the recommendations from the free
evaluations; and
WHEREAS, of those businesses which implemented at least one recommendation,
approximately one-third experienced immediate cost savings on their monthly utility bills; and
WHEREAS, the proposed ordinance would codify the new no-cost business energy and
water evaluation requirement by amending Chula Vista Municipal Code Chapter 20.04 (Energy
Conservation); and
WHEREAS, businesses occupying a physical storefront or office on a commercial
utility meter would be required to participate in the program when a new business license is
issued or once every 3-5 years for a renewed business license; and
WHEREAS, businesses could request more frequent evaluations from the City at their
sole discretion; and
WHEREAS, the new ordinance would not require businesses to implement any of the
identified energy or water efficiency opportunities and would not require businesses to complete
evaluations for facility azeas beyond their operational control (example: whole-building systems
operated and maintained by a Property Manager/Landlord); and
WHEREAS, businesses refusing to participate in the program would be assessed a fine of
$15 or 5% of business license costs (whichever is greater) which would be established in the
Master Fee Schedule and would be collected on the following year's business license; and
WHEREAS, any collected fees would be used to purchase and distribute energy and
water-saving devices (such as compact florescent lightbulbs and smart power strips) to
participating businesses; and
WHEREAS, staff is also working to provide streamlined implementation to ensure that
the new requirement does not create an impediment to the participating business's normal
operations; and
WHEREAS, businesses will be able to easily schedule an evaluation by selecting a
preferred date and time on their business license form, through an on-line appointment calendar,
or by calling the City's bilingual staff in the Department of Conservation & Environmental
Services; and
Resolution No. 2009-275
Page 3
WHEREAS, if businesses do not schedule an appointment within 60 days of receiving a
license, staff will set a tentative appointment during the business's regular business hours which
can be confirmed or rescheduled at the business's discretion; and
WHEREAS, if approved, the new requirement would begin in the 2010 business license
period. Staff will provide updates on the program's implementation -including number of
completed evaluations, number of potential energy/water saving opportunities identified, number
of energy-water saving devices distributed, and number of unresponsive businesses -through the
biannual climate measures' progress reports to Ciry Council; and
WHEREAS, staff will also continue to work with business and community stakeholder
groups to refine the program's marketing and service delivery as it is launched and managed; and
WHEREAS, staff recommends amending Chapter IV of the Master Fee Schedule to add
section A.l.d., as follows:
"Business Resource and Energy Evaluation -Non-compliance Fine $15 or
5% of business license fee (whichever is greater)."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby amends the Master Fee Schedule to include a fine for businesses not complying
with the Free Resource & Energy Evaluation requirement of $15 or 5% of business license fee
(whichever is greater).
Presented by
~~-c1,v~~ ~`lL~~_-
Michael T. Meacham'-~
Director of Conservation and Environmental
Services
Approved as to form by
_~
~~ ~~
a~• c..__._ ~:•
B C. Mies d
City Attor ey ~
Resolution No. 2009-275
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of November 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Thompson
NAYS: Councilmembers: Cox
ABSENT: Councilmembers: None
Cheryl Cox, Ma r
ATTEST:
~j4/tt.cd
Donna R. Noms, C, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-275 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 17th day of November 2009.
Executed this 17th day of November 2009.
~~~~ ~~
Donna R. Norris, CMC, City Clerk