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HomeMy WebLinkAbout2010/03/09 Item 2 CITY COUNCIL AGENDA STATEMENT .=::?'Yf:. (llY OF . - - - CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: MARCH 9, 2010, Item~ RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AUTHORIZING AN APPLICATION TO THE STATE OF CALIFORNIA FOR DESIGNATION OF THE EASTERN URBAN CENTER (EUC) AS A CATALYST PROJECT UNDER THE CALIFORNIA SUSTAINABLE STRATEGIES PILOT PROGRAM, AND ACKNOWLEDGING INTENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE STATE SHOULD THE EVC BE SELECTED DIRECTOR OF DEVELOPMENT SERVICE~VTY CITY MANAGER CITY MANAGER,- 4/STHS VOTE: YES D NO ~ SUMMARY In response to a Request for Proposals (RFP) from the State Department of Housing and Community Development (HCD), staff is making competitive application to HCD for possible designation of the Eastern Urban Center (EVC) project as a Catalyst Project under the California Sustainable Strategies Pilot Program. One of the application requirements, and a prerequisite to receiving any possible award, is a signed authorizing resolution crom the local governing body. This report presents background about the Program and the EUC application, and requests City Council approval of the necessary authorizing resolution. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity, application to the State of California for Designation of the Eastern Urban Center (EUC) as a Catalyst Project, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines at this time because it involves only the submittal of a grant application for yet to be determined specific projects, therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Once the 2-1 March 9, 2010, Item /J- Page 2 of6 project(s) have been fully defined, environmental review will be required and a CEQA determination completed. RECOMMENDATION That the City Council approve the Resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Background Through a Request for Proposals (RFP), the California Department of Housing and Community Development (HCD) is seeking competitive applications for projects throughout the State to be designated under the Catalyst Projects for California Sustainable Strategies Pilot Program ("Program"). Under the Program approximately 6 projects will be selected as Catalysts throughout California (one in each major region) to incentivize sustainable communities and test innovative strategies designed to accomplish the following: increase housing supply and affordability improve jobslhousing relationships stimulate job creation and retention enhance transportation mode choice preserve open space reduce greenhouse gas emissions and increase energy conservation The Program is aimed at maximizing California's ability to leverage public and private financial resources including local, state and federal funds. The Catalyst Projects will also position the State to effectively participate and compete for new federal initiatives under the Interagency Partnership for Sustainable Communities. That Partnership is jointly sponsored by the Department of Transportation (DOT), Housing and Urban Development Department (HUD), and the US Environmental Protection Agency (EPA). The State also views the Program as helping to provide actual examples of how to implement the goals and objectives of AB32 and SB375 that require local governments to adopt supportive land use plans and policies that reduce greenhouse gas emissions toward meeting targets. The RFP was broadly constructed to gather information about the proposed Catalyst projects, and was not specific as to exactly what forms and amounts of assistance the projects would receive. The Catalyst projects must, however, agree to collect data and measure the effectiveness of their sustainable strategies as part of an evaluation process that allows dissemination of information about what works in developing sustainable communities in California. Details will be the subject of a Memorandum of 2-2 March 9, 2010, Item d-. Page 3 of6 Understanding (MOU) that would need to be executed with the State should the EUC be selected for award. In reviewing the RFP, staff felt that the EUC is truly a model example of what the State is looking for, and should be a strong candidate. Designation as a Catalyst Project would bring deserved additional recognition to our sustainable planning and energy conservation work, and poise the EUC for future funding and technical assistance to accomplish initiatives. Application Filing Since our decision to apply, the time window has been short. One of the application criteria is the support and commitment of a private sector partner, and we worked with McMillin Companies (who has taken on much of the application work) to prepare and submit the application for the EUC. Preparation and assembly of the application was fairly involved, and its completion required efforts extending though February 10. The application was due in hand (and was submitted) to State HCD by the close-of-business February 11. Knowing we would be working right up to the deadline, staff sent an Information Memorandum to Council on February 4 outlining the circumstances, and indicating that we would need to submit the application in advance of Council's formal consideration of the State's required authorizing resolution. The application submittal only required a draft resolution. A signed authorizing resolution from the City Council is required for an award to ultimately be granted. Given the timing, the Information Memorandum indicated we would return to Council with a resolution for formal Council action. Letters of support were also part of the filing requirements, and we received letters ITom the following individuals and agencies; National Energy Center for Sustainable Communities (Doug Newman), Congressman Filner, Assemblywoman Salas, Assemblyman Block, County Supervisor Cox, SANDAG, the South County Economic Development Council, Chula Vistans for Community Action, South Bay Expressway, and the Chula Vista Chamber of Commerce. Program and EUC Application Overview As noted in the Background section, the Catalyst RFP requested a broad range of information about prospective projects in order to demonstrate how the project emulates various sustainable development practices, and complies with a range of Program goals and objective, and State planning priorities. The application was structured into the following six main sections, and our completed package includes 89 pages. Application Facts Sheet Proiect SummarY Statement; focused on overall project goals and objectives and how they meet the objectives of the Program. 2-3 March 9, 2010, Item 9" Page 4 of6 Threshold Requirements; demonstrating that the project meets mlllimum qualifications including project size, Housing Element compliance, consistency with State plarming priorities, support of the goals of SB375, commitment of a private sector partner, and commitment to identify and address regulatory barriers. California Sustainable Communities Policv Obiectives: how the project meets at least four of twenty-one listed objectives covering topics including (among others) quantifiable reduction of greenhouse gas emissions, increased supply of affordable and workforce housing, transportation and transit improvements, energy efficiency and conservation, and promoting healthy communities and walkable neighborhoods. Catalvst Proiect Readiness: demonstrating the project's implementation timeline, status of entitlements and regulatory permits, budget and funding commitments, and community support. Reporting and Evaluation Program: outlining proposed evaluation processes to collect data necessary to demonstrate the effectiveness of the project's sustainable strategies including subject areas such as land use, transportation demand management, parking, trip reduction, transit useage and energy useage. A primary focus of the Program, and the area in which the City is making commitments if the application is successful, is on practical implementation methods and practices, including monitoring and measuring outputs and effects. The State's view is that considering today's economic and fiscal constraints, and evolving technologies, local agencies need proven models and strategies to most effectively and efficiently achieve desired economic, housing, transportation and environmental objectives. The Program is a means to use the Catalyst Projects to shape environmental, economic and housing goals and test strategies for broad implementation throughout the State. A list of the project monitoring and reporting proposals included in our application is presented in Attachment lA. In exchange for the monitoring and reporting commitments, the selected Catalyst Projects will be eligible for a variety of resources and technical assistance, including but not limited to the following. A copy of the Incentives and Rewards page from the RFP is presented in Attachment lB. Access to State funding resources including; Innovative Homeownership (Prop 1 C) of approximately $1 million, beverage container recycling grants, bonus points for Caltrans' Community Based Transportation Planning Grants. Targeted technical assistance from the Energy Commission and other State agencies in identifying and supporting ARRA funding. Publicity and identification Identification of needed State assistance Other specific desired incentives or technical assistance to the project as recommended by applicants 2-4 March 9, 2010, Item ,;L. Page 5 of6 As a final component, applying jurisdictions were also given the opportunity to include a list of incentives and rewards the project would be most interested in receiving, and any other potential resources the State may be able to provide to support the project. Those that we included in our application are presented in Attachment 1 C. Next Steps The RFP indicates that the State will make a preliminary award announcement in April 2010, and staff will return to Council at that time with a status update. Should the EUC be awarded as a Catalyst Project, the City will need to enter into a Memorandum of Understanding (MOU) with the State to secure the EUC as a Catalyst Project, and to define and secure the associated obligations, responsibilities and benefits. The City will be subject to the terms and conditions as specified in the RFP and MOU, and all projects, information and timelines represented in the Application would be enforceable through the MOU. The Resolution for Council action tonight authorizes the Development Services Director/Deputy City Manager to work with RCD and McMillin to prepare a draft MOD that would subsequently be returned to Council for review and approval prior to being executed. DECISION MAKER CONFLICT No Property within 500 feet Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. CURRENT YEAR FISCAL IMPACT Based on the guidelines in the State's RFP, a preliminary award announcement is anticipated in April 2010. If the EUC is awarded as a Catalyst Project, staff would then need to work with the State in completion and adoption of an MOU regarding terms of the award. Although the State has not yet specified, preparation of the MOU would likely occur prior to the end of this Fiscal Year (2009-'10). Staff time necessary to prepare and present the MOU for action is already included in the approved FY '09-' 10 budget. ONGOING FISCAL IMPACT Not fully understood at this time given the generalities of the RFP and application package. Should the EUC be awarded, the City and project become eligible for grant funding and other assistance, while at the same time, the City/project must also commit to provide monitoring and reporting on various sustainable development factors such as traffic patterns, transit use, and energy consumption and greenhouse gas emissions among others. Our application acknowledges that some of the monitoring and reporting proposals are dependant upon identifYing funding. 2-5 March 9, 2010, Item d- Page 6 of6 The details regarding possible revenues, the specific monitoring obligations and costs, and the related fiscal impacts will be the subject of the noted MOU development with the State should the EUC be successful when the preliminary award announcement is made in April 2010. Staff would be returning with a separate report and action regarding the MOU, including an assessment of the overall fiscal effects. ATTACHMENTS 1. EUC Catalyst Project Application excerpts; A. Proposed Reporting and Evaluation Program B. Incentives and Rewards Package list from RFP C. Proposed Incentives and Rewards for Proj ect Prepared by: Ed Batchelder, Advance Planning Manager, Development Services J :\Planning\ED\Catalayst Project Grant\Council Statement-authorizing 3-9-10.dot 2-6 The following reporting and evaluation program addresses many of the key, and most relevant sustainable initiatives the project features, including reduction of vehicle trips, parking management, energy modeling and transit usage / ridership. roxlmlty to actIv- ity centers and transportation facilities (bicy- cle, transit, other non-auto modes as applicable) ransportatlon Demand Management a r I n 9 Management Plan (see attached exhibit detailing park- ing district responsibilities) Data Derived ommercla a. Description of type of business b. square feet of interior usable space c. Hours of operation d. Est i mat e d employees 2. Residential a. Product type and unit count b. Sale or rental c. N u m b e r 0 f bedrooms d. Estimated Household size or eac project, ata WI be provided describing the proximity of the individual project to major activity centers and to non-auto- mobile transportation modes and facilities escrlptlon 0 Transportation Demand Management (TOM) Measures to be implemented ata on e ectlveness of shared parking, park- ing permit programs and other measures in reduc- ing parking demand and the setting of appropri- ate parking ratios. This metric will provide data on how parking ratios may evolve over time with the implementation of shared parking, in-lieu fees, use of TOM, etc and identify appropriate parking ratios Monitoring Process 1. As a part 0 t e eSlgn review permit process, a condition will be added to each approval requiring the project applicant to submit data on the type of uses anticipated, description of the proposed use, space allocated to each use and estimated number of employees. 2. The condition will require that the data be collected by the individual developer and provided to the City at time of initial lease, rental or sale of the unit or space. This infor- mation shall not be required for subsequent sale, rental or leasing of any unit or building space. 3. Data will be provided by private developers to City for transmittal to State. s a part 0 t e Iscretlonary permitting esign review process, a condition will be added to each approval requiring the project applicant to submit data on the projects proximity to major activity centers and transportation facilities and will demonstrate connectivity to the surrounding transportation network. or non-reSt entia Ul -to-suit projects Wit greater than 100 employees, business owner will submit to the City a description of any Transportation Demand Management measures (carpool, van-pool, RideLink, etc) that the employer will implement. project WI me u e a ar Ing Istnct 5 W IC are empowered to manage parking within project. Each two years, district must prepare and inven- tory and occupancy study to evaluate demand, parking inventory and effectiveness of shared parking. Inventory will be used to set new paring ratios within the district. The approved parking management plan will be provided to the State bi-annually. eportong Private Developers I City of Chula Vista Private Developer I City Business Owner I City Parking District(s) IS metnc WI mvo ve traffic counts to estimate vehicle trips generated by the project IS metnc WI data on transit in the project provl e ridership o measure tee ec- tiveness of strategies designed to reduce build- ing energy consumption and energy-reiated emis- sions, a comprehensive whole-building monitoring and evaluation process will be established. an lego etropo Itan ranslt ervlce WI conduct and annual route usage evaluation which will count ridership on a stop-specific basis, and will provide that information to the City for transmittal to the State 2. City is also considering increasing the frequency of the monitoring to monthly for routes serv- ing the EUC and will implement such monitor- ing and reporting if funds can be identified. Information would be compiled and provided to the State on a quarterly basis. 3. It is anticipated that the SRT route will employ Automatic Passenger Counting (APC) tech- nology that is capable of collecting real-time usage information on a stop-by-stop basis. If this technology is in fact implemented, report- ing would be provided on a quarterly basis. eneration 0 ase me energy (electricity and natural gas) consumption profiles for a representative sample of the EUC building types, assuming they are built to comply with the minimum requirements of the applicable Title-24 building standard; (2) Installation of altemative energy-efficient materials, equipment, and power system features, including advanced fossil~fuel and renewable onsite-power generation systems where appropriate; (3) Monitoring of building energy consumption on an 8,760 hourly basis and peak demand for a 12-month period following commissioning; , and (4) Evaluation of actual energy consumption vs. projected baseline energy consumption using Title-24 compliant DOE2 software tools normalized to account for actual cooling and heating days during the performance monitoring period. These will include Energy PRO and eQuest (pending the approval of eQuest as a Title-24, 2008 compliant modeling tool). The same software will be used to model comparable buildings for each type built without the alternative features to calibrate results between the paired building data sets. City Transit Provider I City Report will be produced and transmitted to the State by the National Energy Center for Sustainable Communities or other quali- fied entity. * Commitment to this metric is dependent on identification of specific targeted funding to be provided by State government, utility providers, local incentives or other funding to offset both monitoring and reporting costs and, for the energy modeling, additional building measures to be tested ~ CATALYST PROJECT INCENTIVES AND REWARD PACKAGE Successful applicants to become a Catalyst Project will be eligible for a variety of resources and technical assistance, including but not limited to: . State Fundinq Resources. includinq: o Innovative Homeownership funding (Proposition 1 C, HCD). Approximately $1 million per Catalyst Project will be available 1. o Beverage Container Recycling Grants (Department of Conservation [DOC]) o Additional consideration, e.g. bonus points, when applying for planning grants for the preservation of agricultural farmland (DOC's Farmland Conservation Program) o Bonus Points for Cal-Trans' Community Based Transportation Planning Grant Program (please see http://www.dot.ca.qov/hq/tpp/qrants.html). . Tarqeted Technical Assistance from teams of State Aoencies. includino but not limited to: o The Energy Commission and other State agencies in identifying potential funding support from the American Recovery and Reinvestment Act of 2009. o DOC's recycling and agricultural land preservation and planning. o Department of Housing and Community Development and the Infrastructure Bank. . Publicitv and identification of the local qovernment as a California Catalvst Proiect for Sustainable Strateqies. . Team participation to identify needed or desired State assistance. . Other: Applicants may also recommend specific desired incentives or technical assistance targeted to the project or community's unique circumstance. Funding programs require separate applications to the relevant departments. This application establishes threshold for bonus or competitive priority for identify funding program eligibility. 'The Proposition 1 C Innovative Homeownership Program (IHP) will have a separate application process. Only successful Catalyst Project applicants will be eligible to apply for IHP funds. The application process will require the identification of an innovative homeownership program or project. and IHP funds may only be used for capital assets as defined in Government Code Section 16727. The IHP is funded through the sale of general obligation (GO) bonds. At this time, proceeds from the sale of GO bonds are not available for the IHP, and it is unknown when such funds may become available due to the State's fiscal situation. -9- ATTACH+1ENr 1~ 2-9 Financing / Grants 1. Assist in applying for the following Housing and Community Development (HCD) Proposition 1 C and 1 B funds. Additionally help promote this Catalyst Project for all other eligible HCD funding programs and support in amending future competitive application scoring guidelines to provide Catalyst Projects with bonus scoring opportunities. Innovative Homeownership Program - Potential funding of approximately $1 million for the Project Infilllnfrastructure Grant Program (IIG) (if new funds become available) Transit Oriented Development Program (TOD) - loan and grant program (if new funds become available) CalHome and BEGIN - loan and grant program HOME Investment Partnership Program (HOME) - Loan program Multifamily Housing Program (MHP) - loan program Housing Related Parks Program Public Transportation Modernization, Improvement, and Service Enhancement Account State-Local Partnership Program Account 2. Beverage Container Recycling Grants - This program is currently listed as postponed indefinitely. If program is renewed, we request Catalyst Projects be prioritized in seeking grants. 3. Assist in applying for the Cal-Trans' Community Based Transportation Planning Grant Program with bonus points as a Catalyst project. 4. Assist in seeking and applying for additional Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) grants listed below and help identify other current and future federal transportation grants that may available to support the project. Title 49 U.S.C. 5314 FTA Funding for Research and Development Title 49 U.S.C. 5309 FTA Funding (capital investment funds) for Bus & Bus-Related projects Title 49 U.S.C. 5316 FTA Funding The Job Access and Reverse Commute (JARC) Title 49 U.S.C. 5307 FTA Funding Large Urban Cities (Urbanized areas with populations of 50,000 or more) Title 49 U.S.C.5303 Metropolitan Planning TEA 21 ACT Flexible Funding for Highway and Transit Congestion Mitigation Air Quality Improvement (CMAQ) www.fhwa.dot.oov/environment/cmaoDos/index.htm Transportation and Community and System Preservation Pilot Program httD:/lwww.fhwa.dot. oov/tCSD/ Transportation Enhancements Program www.enhancements.oro/directorv.html ,. li1Itrrwr 2-10 ATT~HM~fVT C. , ..fz 5. Assist in seeking and applying for additional Federal, State and local funding listed below and help identify other current and future funds that may available to support the Project. Energy Efficiency and Conservation Block Grant (EECBG) Program funds awarded to the state and City of Chula Vista. httD://www.eecba.enerav.aov/ Economic Development Administration (EDA) - Economic Development Assistance Programs including: Public Works and Economic Development Facilities Program, Global Climate Change Mitigation Incentive Fund and Economic Adjustment Assistance Program. Community Development Block Grants (CDBG) - including ARRA CDBG-R funds 6. Assist in seeking California Energy Commission funding State Energy Program Energy Efficiency and Conservation Block Grant (EECBG) Appliance Rebate Program Energy Assurance Planning 7. Technical assistance to identify and seek current and future American Recovery and Reinvestment Act ARRA funding for the project, including but not limited to: . Build America Bonds (BAB) Recovery Zone Facility Bonds (RZFB) Qualified Energy Conservation Bonds (QECB) (new) Clean Renewable Energy Bonds (CREB) Green / Sustainability 1. Consider creation of a preferential tax structure or district for developers of, and buyers in devel- opment projects which feature resource efficient technologies. 2. Provide technical assistance and/or financial support to the City's effort to develop tools to measure the energy/carbon efficiencies of site planning and community design provisions Support 1. Develop a interdepartmental team to identify all potential grant programs at the state or federal level which could apply to the project. Provide a single point of contact to act as an interdepart- mental or interagency facilitator at the state level for activities involving the project. 2. At the City or developer's request, actively support and advocate for the project applications made to federal, regional or local grant programs. 2-11 Zof3 Business Development 1. Through Cal Biz or other entity, actively market the project at trade shows or other state spon- sored or attended events and venues 2. Actively assist in identifying, or directing new businesses and end users to the project Other 1. Provide funding for continuation of the National Energy Center's Chula Vista Research project, and related subsequent efforts. 2-12 3.{& RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AUTHORIZING AN APPLICA nON TO THE ST ATE OF CALIFORNIA FOR DESIGNATION OF THE EASTERN URBAN CENTER AS A CATALYST PROJECT UNDER THE CALIFORNIA SUSTAINABLE STRATEGIES PILOT PROGRAM, AND ACKNOWLEDGING INENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE STATE SHOULD THE EUC BE SELECTED WHEREAS, the State of California, Department of Housing and Community Development (HCD) issued a Request for Proposals (RFP) for Catalyst Projects for the California Sustainable Strategies Pilot Program (SSPP); and WHEREAS, the SSPP is soliciting projects for award of approximately six projects across the State as Catalyst Projects to incentivize sustainable communities, and test innovative strategies designed to increase housing supply and affordability, improve jobs and housing relationships, stimulate job creation, enhance transportation mode choice, reduce green house gas emissions, and increase energy conservation, among others; and WHEREAS, in review of the RFP and project criteria the City has determined that the Corky McMillin Companies' Eastern Urban Center (EU C) project is an exemplary candidate for application and award; and WHEREAS, in conjunction and cooperation with Corky McMillin Companies the City has prepared an application for the EUC (Application) for submittal to the State under the SSPP; and WHEREAS, one of the Application requirements, and a condition of any recommendation for funding, is an authorizing resolution from the governing body, in this instance the Chula Vista City Council; and WHEREAS, HCD is authorized to approve applications for the SSPP subject to the terms and conditions of the RFP and the Application; and WHEREAS, the City understands that pursuant to the RFP and the content of the Application, there are certain City and McMillin obligations and responsibilities to provide for monitoring, evaluation and reporting involving the EUC project should the project be awarded as a Catalyst Project by HCD, as well as certain benefits to be conveyed to the EUC project and the City; and 2-13 WHEREAS, the City further understands that should the Application be approved and the EUC awarded, that HCD will require the City to enter into a Memorandum of Under standing (MOU) to secure the EUC as a Catalyst Project, and to define and secure the associated obligations, responsibilities and benefits; and WHEREAS, the City further understands that it will be subject to the terms and conditions as specified in the RFP and MOU, and that all projects, information and timelines represented in the application will be enforceable through the MOD. NOW THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista does hereby authorize and direct as follows: 1. That the City's Director of Development Services/Deputy City Manager is authorized to prepare, execute and submit to HCD the Application package and any related materials for designation of the EUC project as a Catalyst Project for the SSPP consistent with provisions ofthe RFP. 2. If the EUC Application is approved, that the Director of Development Services/Deputy City Manager is authorized work with HCD and McMillin to develop the necessary MOU and other documents required or deemed necessary to secure the Catalyst Project designation for the EUC. 3. That the Director of Development Services/Deputy City Manager return to Council with the proposed MOD and any other related documents for review and acceptance prior to any final execution. Presented by Approved as to form by ./ \ Gary Halbert, AICP, PE Deputy City Manager/ Development Services Director ^'- , ' r '" B~ NV feld tv \ CIty . orney 2-14