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HomeMy WebLinkAbout2016/06/14 Agenda PacketMary Casillas Salas, Mayor Patricia Aguilar, Councilmember Pamela Bensoussan, Councilmember John McCann. Councilmember Steve Miesen Councilmember Tuesday, June 14, 2016 CALL TO ORDER ROLL CALL: I declare under penalty of perjury that I am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. Dated: lC 1 Signed: CITY c CHULA VISTA Gary Halbert, City Manager Glen R Googins, City Attorney Donna R Norris, City Clerk 5:00 PM Council Chambers 276 4th Avenue. Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL REVISED 6/10/2016 Councilmembers Aguilar. Bensoussan. McCann. Miesen and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE A. 16 -0321 SPECIAL RECOGNITION HONORING NEW UNITED STATES ARMY RECRUITS FROM CHULA VISTA B. 16 -0315 PRESENTATION OF A PROCLAMATION TO COMMANDER CAPTAIN CHRISTOPHER SUAREZ PROCLAIMING TUESDAY. JUNE 14, 2016 AS ARMY DAY IN THE CITY OF CHULA VISTA Crty o! caul. V'v. Page 1 PnWed on "a701e City Council Agenda June 14, 2016 CONSENT CALENDAR (Items 1 - 10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember. a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a -Request to Speak' form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar 1. 16 -0308 APPROVAL OF MINUTES of May 17 and 24, and June 7. 2016. Staff Recommendanon: Council approve the minutes. 2. 16 -0311 WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the May 24, 2016 City Council meeting. SmfrRecommendabon Council excuse the absence. 3. 16 -0313 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FA DEPUTY EXECUTIVE DIRECTOR, FA EXECUTIVE DIRECTOR AND FA PUBLIC PRIVATE PARTNERSHIP AND EXERCISE PROGRAM MANAGER AND DELETE CALIFORNIA BORDER ALLIANCE GROUP (CRAG) DEPUTY EXECUTIVE DIRECTOR, CBAG EXECUTIVE DIRECTOR AND TREASURY AND BUSINESS MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Departinent: Finance Department Environmental Notice: The activity is not a -Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines: therefore. pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Staff Recommendanon. Council adopt the Ordinance. Cary of Chub Vista Page 2 Printed on "04201e City Council Agenda June 14, 2016 4. 16 -0312 ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON BONITA ROAD BETWEEN WILLOW STREET AND EASTERLY CITY LIMIT FROM 35 MPH TO 40 MPH, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (SECOND READING AND ADOPTION) Department: Public Works Department Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Stair Recommenciation: Council adopt the ordinance. 5. 16 -0056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, SAN DIEGO COUNTY SANITATION DISTRICT, AND THE COUNTY OF SAN DIEGO FOR RESERVING WASTEWATER TRANSPORTATION CAPACITY RIGHTS IN THE SALT CREEK INTERCEPTOR SEWER Department: Public Works Department Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Staff Recommendation: Council adopt the resolution. 6. 16 -0253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY SANITATION DISTRICT WHICH SHALL EXTEND THE DURATION OF THE CITY'S WASTEWATER TRANSPORTATION CAPACITY RIGHTS IN THE SPRING VALLEY OUTFALL SEWERAGE SYSTEM Department: Public Works Department Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Stan Recommendation: Council adopt the resolution. city of cnuis Vista Page 3 Printed on "QV201 6 City Council Agenda June 14, 2016 7. 16 -0167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTINUATION OF THE ELECTRICITY COMMODITY PURCHASES FROM SHELL ENERGY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH THE PURCHASES Departmenr Economic Development Department Environmental Notice: The activity is not a `Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines: therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Staff Recommendation: Council adopt the resolution. 8. 16 -0259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING THE EQUIPMENT AND SOFTWARE LEASE CONTRACT WITH MOTOROLA SOLUTIONS. INC. FOR THE PREMIERONE COMPUTER AIDED DISPATCH AND MOBILE. WITH PREMIERONE JAIL HARDWARE. SOFTWARE AND SERVICES SOLUTION Department: Police Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines, therefore. pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Staff Recommendation: Council adopt the resolution. 9. 16 -0287 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $77,387 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND AMENDING THE FISCAL YEAR 2016/2017 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND (4/5 VOTE REQUIRED) Department Police Department EnvironmentalNooce The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines: therefore. pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Staff Recommendation: Council adopt the resolution. City of ch Wa vista Pape 4 Primed on M(1 -1010 City Council Agenda June 14, 2016 10. 16 -0272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER, OR DESIGNEE. TO PURCHASE VARIOUS COMPUTER EQUIPMENT FROM DELL, INC. UTILIZING NASPO VALUEPOINT CONTRACT, AUTHORIZING THE CITY MANAGER. OR DESIGNEE, TO ENTER INTO LEASE AGREEMENTS WITH DELL FINANCIAL SERVICES TO LEASE COMPUTER WORKSTATIONS. AND APPROVING A TRANSFER OF 540.000 FROM THE FISCAL YEAR 2015 /2016 INFORMATION TECHNOLOGY SERVICES CAPITAL BUDGET TO THE FISCAL YEAR 2015/2016 INFORMATION AND TECHNOLOGY SERVICES SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) oepanment: Information Technology Department Env,mnmerot Notice: The activity is not a - Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines, therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda. but. if appropriate. the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes City of China Virta Page 5 Primed 0n "o o1e City Council Agenda PUBLIC HEARINGS June 14, 2016 The following item(s) have been advertised as public heanng(s) as required by law. If you wish to speak on any item. please fill out a - Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting 11. 16 -0286 CONSIDERATION OF ACCEPTING THE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING 547.700 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Department: Police Department EnvlronmenW/ Notice: The activity is not a -Project- as defined under Section 15378 of the California Environmental Quality Act State Guidelines, therefore. pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Staff Recommendabon: Council conduct the public hearing and adopt the resolution. 12. 16 -0252 CONSIDERATION OF APPROVING THE CHULA VISTA BAYFRONT NATURAL RESOURCES MANAGEMENT PLAN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA BAYFRONT NATURAL RESOURCES MANAGEMENT PLAN, A COORDINATED EFFORT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY OF CHULA VISTA, AND THE WILDLIFE ADVISORY GROUP (MPA -16 -0005) Departments Development Services Department EnvinonmenulNobce: Environmental Impact Report UPD #83356 -EIR -658 has been previously prepared and certified. Staff Recommendavon: Council conduct the public hearing and adopt the resolution. ca, of ch.,& vas Rage 6 Rnnfedon "a,2018 City Council Agenda June 14, 2016 13. 16 -0203 CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE COMBINED ADVERTISEMENT OF THE -BIKE LANE ALONG EAST "H" STREET [STM -382]" AND -OTAY RANCH PRESERVE ACCESS CONTROL [GG -223]" PROJECTS PER CITY CHARTER SECTION 1009 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING MINOR IRREGULARITIES, AND AWARDING THE CONTRACT FOR THE COMBINED ADVERTISEMENT OF THE -BIKE LANE ALONG EAST "H" STREET [STM -382]" AND `OTAY RANCH PRESERVE ACCESS CONTROL [GG -223]" PROJECTS TO PAL GENERAL ENGINEERING, INC. IN THE AMOUNT OF $2,326.865.42, WAIVING CITY COUNCIL POLICY NO. 574 -01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $290.266, AND APPROPRIATING $144,435 FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO STM -382 (4/5 VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN LUTHERAN HIGH SCHOOL OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION OF IMPROVEMENTS INCORPORATED INTO STM -382 AND APPROPRIATING $415.689 TO THE CAPITAL IMPROVEMENT FUND BASED ON REVENUE ASSOCIATED WITH SAID AGREEMENT TO STM -382 (4/5 VOTE REQUIRED) Department Public Works Department Environmental Notice. The Bike Lane along East "H" Street Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15304 Class 4 (Minor Alterations to Land) and/or Section 15301 Class 1 (Existing Facilities). The Otay Ranch Preserve Access Control Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines. staff Recommendation: Council conduct the public hearing and adopt the resolutions. City of chug vista P +De 7 Panted on "1 016 City Council Agenda June 14, 2016 14. 16 -0110 CONSIDERATION OF AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS AND THE RENEWAL OF THE DOWNTOWN CHULA VISTA PROPERTY -BASED IMPROVEMENT DISTRICT (PBID) FOR A PERIOD OF TEN YEARS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE MANAGEMENT DISTRICT PLAN AND FINAL ENGINEER'S REPORT, RENEWING THE DOWNTOWN CHULA VISTA PROPERTY -BASED BUSINESS IMPROVEMENT DISTRICT FOR A PERIOD OF TEN YEARS AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT, AND APPROVING THE 'THIRD AVENUE VILLAGE AGREEMENT AND ENCROACHMENT PERMIT FOR MAINTENANCE SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION" oeparunent: Economic Development Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing. the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. staff Recommendation: Council conduct the public hearing and adopt the resolution. CITY MANAGER'S REPORTS Cary of Clrula Vista Page 8 Pnnted on N1M015 City Council Agenda June 14, 2016 MAYOR'S REPORTS 15. 16 -0307 CONSIDERATION OF RATIFICATION OF REAPPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: REAPPOINTMENTS TO FIRST TERM (initial term less than 2 years) Leticia Cazares Cultural Arts Commission Ricardo Jimenez Healthy Chula Vista Advisory Commission Lucia Martinez Healthy Chula Vista Advisory Commission Ana Ruth Robles Housing Advisory Commission Diana Velo Healthy Chula Vista Advisory Commission REAPPOINTMENTS TO SECOND TERM Bryan Felber Charter Review Commission Gary Fink Historic Preservation Commission Oscar Romo Resource Conservation Commission Robert Ross Charter Review Commission Anthony Stewart Veterans Advisory Commission REAPPOINTMENT TO COUNCIL - NOMINATED/ APPOINTED SEAT (initial term less than 1 year) G. Michael German Parks & Recreation Commission Commissioner German was appointed November 17, 2015. Since he has served less than one year, an interview is not required prior to reappointment. pursuant to Chula Vista Municipal Code section 2.25.055. COUNCILMEMBERS' COMMENTS ADJOURNMENT to the Regular City Council Meeting on June 21. 2016, at 5:00 p.m., in the Council Chambers Materials provided to the City Council related to any open - session item on this agenda are available for public review at the City Clerks Office, located in City Hall at 276 Fourth Avenue, Building A. during normal business hours Ciry of Chula vsb Pays 9 Printed on ""2016 City Council Agenda June 14, 2016 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691- 5041(Cal fomia Relay Service is available for the hearing impaired by dialing 711) at least forty -eight hours in advance of the meeting. Most Chula Vista City Council meetings. including public comments, are video recorded and aired live on AT&T U -verse channel 99 (throughout the County). on Cox Cable channel 24 (only in Chula Vista), and online at www chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Ylaw, Page 10 Printed on 6 02016 File #: 16 -0308, Item #: 1 City of Chula Vista Staff Report APPROVAL OF MINUTES of May 17 and 24, and June 7, 2016. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista 2016 -06 -14 Agenda Packet Page 1 of 1 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 11 City of Chula Vista Meeting Minutes - Draft Tuesday, May 17, 2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Councilmember Bensoussan, Councilmember McCann, Deputy Mayor Miesen and Mayor Casillas Salas Also Present. City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 16 ®0176 PRESENTATION BY DEL MAR FAIRGROUND MARKETING REPRESENTATIVE MONICA EMANUELE REGARDING THE 2016 SAN DIEGO COUNTY FAIR Alexis Drakodaidis, representing the Del Mar Fairgrounds, spoke regarding the 2016 San Diego County Fair. Item B was taken out of order and heard following Item C. C. 16 ®0235 PRESENTATION BY LIBRARY DIRECTOR BETTY WAZNIS AND SAN DIEGO LAW LIBRARY DIRECTOR JOHN ADKINS, HIGHLIGHTING THE NEW COOPERATIVE LEGAL REFERENCE SERVICE AT THE CIVIC CENTER BRANCH LIBRARY Library Director Waznis, Mr. Adkins, representing the San Diego Law Library, and Judge Hernandez spoke regarding the new legal reference service at the Civic Center Branch Library. B. 16 ®0258 PRESENTATION OF A PROCLAMATION TO BRUCE BELLO, WINNER OF THE GATES MILLENNIUM SCHOLARSHIP Mayor Casillas Salas read the proclamation and Councilmember Bensoussan presented it to Mr. Bello. City of Chula Vista Page 1 2016 -06 -14 Agenda Packet Page 12 City Council Meeting Minutes - Draft May 17, 2016 D. 16 -0256 PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN COMMUNITY COLLEGE CROWN COVE AQUATIC CENTER LIAISON DIRECTOR PATRICE MILKOVICH AND RECREATION DIRECTOR KRISTI MCCLURE HUCKABY PROCLAIMING MAY 21 -27, 2016 AS NATIONAL SAFE BOATING WEEK IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Deputy Mayor Miesen presented it to Ms. Milkovich and Recreation Director Huckaby. Ms. Milkovich presented information on the upcoming Crown Cove Open House and Expo event. E. 16 -0261 PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 15 -21, 2016 AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember McCann presented it to Public Works Director Hopkins and employees of the department. CONSENT CALENDAR (Items 1 - 9) City Attorney Googins stated that there were identified conflicts on Item 4 for Councilmembers Bensoussan and McCann, and Mayor Salas, but that given the nature of the project, they were qualified to vote on the item. 1. 16 -0262 APPROVAL OF MINUTES of May 10, 2016. Recommended Action: Council approve the minutes. 2. 16 -0260 WRITTEN COMMUNICATIONS Memorandum from Councilmember McCann requesting an excused absence from the May 3, and 10, 2016 City Council meetings. Recommended Action: Council excuse the absences. 3. 15 -0471 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 15.04.018 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO "ADDITIONAL PLANNING, DESIGN, CONSTRUCTION, AND POST CONSTRUCTION REQUIREMENTS FOR ALL LAND DEVELOPMENT AND REDEVELOPMENT PROJECTS" (FIRST READING) Recommended Action: Council place the ordinance on first reading. 4. 16 -0052 RESOLUTION NO. 2016 -079 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "SEWER MANHOLE REHABILITATION PROJECT, FISCAL YEAR 2013/2014 AT VARIOUS LOCATIONS (CIP# SW283) AND SEWER MANHOLE REHABILITATION PROJECT, FISCAL YEAR 2014/2015 AT VARIOUS LOCATIONS (CIP# SW289)" PROJECT TO SOCAL PACIFIC CONSTRUCTION CORP. IN THE AMOUNT OF $431,096; WAIVING CITY COUNCIL POLICY NO. 574 -01; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2016 -06 -14 Agenda Packet Page 13 City Council Meeting Minutes - Draft May 17, 2016 5. 16 -0137 RESOLUTION NO. 2016 -080 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "PAVEMENT MAJOR REHABILITATION FY14/15 & FY15/16 (STM383 & STM387) AND SEWER ACCESS ROAD REHABILITATION FY12/13 (SW277)" PROJECT TO ATP GENERAL ENGINEERING CONTRACTORS IN THE AMOUNT OF $3,950,171.50; WAIVING CITY COUNCIL POLICY NO. 574 -01; AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $592,525.73; AND APPROPRIATING $46,050 FROM THE AVAILABLE BALANCE OF THE PROPOSITION 1B HIGHWAY SAFETY FUND TO STM383 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 6. 16 -0210 RESOLUTION NO. 2016 -081 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE CITY TO CONTRACT FOR SERVICES, AS NECESSARY, WITH GEOCAL, ITERIS, MERZ CONSTRUCTION COMPANY, SOUTH BAY FENCE AND YOUNG NICKS ENTERPRISES, INC. FOR PUBLIC WORKS PROJECTS Recommended Action: Council adopt the resolution. 7. 16 -0218 RESOLUTION NO. 2016 -082 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A REGIONAL USED OIL PAYMENT PROGRAM APPLICATION AS THE REGIONAL LEAD PARTICIPANT, RELATED AUTHORIZATIONS, AND IDENTIFICATION OF PARTICIPATING JURISDICTIONS FOR A PERIOD OF FIVE YEARS Recommended Action: Council adopt the resolution. 8. 16 -0150 RESOLUTION NO. 2016 -083 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF $2,550 FROM THE CALIFORNIA STATE LIBRARY TO FUND THE "VETERANS CONNECT @ THE LIBRARY" PROJECT AT THE CHULA VISTA PUBLIC LIBRARY AND APPROPRIATING THIS AMOUNT TO THE LIBRARY'S SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 9. 15 -0681 RESOLUTION NO. 2016 -084 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION (IS -15 -006) AND APPROVING A WETLAND RESTORATION AGREEMENT BETWEEN HOMEFED CORPORATION AND THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Recommended Action: Council adopt the resolution. City of Chula Vista Page 3 2016 -06 -14 Agenda Packet Page 14 City Council Meeting Minutes - Draft May 17, 2016 Approval of the Consent Calendar ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor Miesen, to approve staffs recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS David Leaf, Chula Vista resident, spoke regarding the recreational vehicle regulations and thanked City staff for its work to implement the ordinance. He also recognized the Police Department employees for their work as part of the recent AMGEN bike tour in the City. ACTION ITEMS 10. 16 ®0243 CONSIDERATION OF AN INFRASTRUCTURE FUNDING MEASURE FOR THE NOVEMBER 2016 BALLOT AND DIRECTION TO STAFF TO PREPARE BALLOT LANGUAGE AND ALL OTHER NECESSARY DOCUMENTATION FOR REVIEW AND APPROVAL BY THE CITY COUNCIL City Manager Halbert gave a presentation on the item. City Manager Halbert and City Attorney Googins responded to Council questions regarding a potential ballot measure. Council discussion ensued. Jim Biddle, Chula Vista resident, spoke in opposition to staffs recommendation and spoke in support of Council instead considering a bond measure. Finance Director Bilby provided information on interest rates and costs related to revenue bonds. City of Chula Vista ACTION: A motion was made by Mayor Casillas Salas, as restated by City Attorney Googins, seconded by Councilmember Bensoussan, to direct staff to return to Council within 45 days with draft language for: 1) A ballot measure that would establish a 10 -year, half -cent, general purpose sales tax with measures to guide usage of such funds for the replacement or repair of infrastructure and other City assets, including, without limitation, expressions of City Council intent, an oversight committee on the terms outlined by staff, separate accounting and budgeting of new revenues, including accounting to distinguish between supplementing and supplanting existing maintenance revenues, a staff obligation to bring back a specific funding plan within a specified period of time, and other appropriate measures; and 2) A companion advisory measure that would advise the Council to use the new revenues for replacement and repair of infrastructure and other City assets per a defined plan, with a minimum of 40% of such monies to be used for public safety, and direction to the Council to take immediate action to finance high - priority projects including a revenue - backed funding mechanism. The motion carried by the following vote: Page 4 2016 -06 -14 Agenda Packet Page 15 City Council Meeting Minutes - Draft May 17, 2016 Yes: 4 - Aguilar, Bensoussan, Miesen and Casillas Salas No: 1 - McCann Abstain: 0 CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS Mayor Casillas Salas spoke regarding a recent SDG &E Power Your Drive program kickoff event and stated that 60 electric vehicle charging stations would be installed at City facilities. She recognized Chula Vista resident Ron Cohn for receiving the Man of the Year award from the Leukemia and Lymphoma Society. She spoke regarding the recent Amps and Ales event. COUNCILMEMBERS' COMMENTS Councilmember McCann thanked the staff at Sharp Chula Vista Hospital and stated he was glad to be back. Deputy Mayor Miesen spoke regarding the recent Chula Vista Community Fun Run. Councilmember Bensoussan spoke regarding the recent Amps and Ales event. She stated the upcoming Harborfest would include a similar event, titled Chula Vista Uprising. City Attorney Googins also spoke regarding the recent Amps and Ales event. ADJOURNMENT At 7:09 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on May 24, 2016, at 5:00 p.m., in the Council Chambers. City of Chula Vista Page 5 Kerry K. Bigelow, Assistant City Clerk 2016 -06 -14 Agenda Packet Page 16 City of Chula Vista Meeting Minutes - Draft Tuesday, May 24, 2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETINGS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY MEETING JOINTLY WITH THE MUNICIPAL FINANCING AUTHORITY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER Regular Meetings of the City Council, Municipal Financing Authority, and Public Financing Authority, and Special Meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority of the City of Chula Vista were called to order at 5:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Bensoussan, Councilmember McCann, Deputy Mayor Miesen and Mayor Casillas Salas Absent: Councilmember Aguilar Also Present. City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Miesen led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 16 ®0221 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES Mayor Casillas Salas recognized employees with milestone service anniversaries. B. 16 ®0226 SPECIAL RECOGNITION HONORING NEW UNITED STATES ARMY RECRUITS FROM CHULA VISTA Mayor Casillas Salas recognized new U.S. Army recruits from Chula Vista. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. C. 16 ®0270 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE CAPTAIN VERN SALLEE PROCLAIMING THURSDAY, JUNE 2, 2016 AS NATIONAL GUN VIOLENCE AWARENESS DAY IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Bensoussan presented it to Captain Sallee. City of Chula Vista Page 1 2016 -06 -14 Agenda Packet Page 17 City Council Meeting Minutes - Draft May 24, 2016 D. 16 -0265 PRESENTATION OF A PROCLAMATION TO SVPR COMMUNICATIONS PRESIDENT SUSANA VILLEGAS ON BEHALF OF CHILDREN'S TUMOR ASSOCIATION PROCLAIMING MAY 2016 AS NEUROFIBROMATOSIS AWARENESS MONTH IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Deputy Mayor Miesen presented it to Ms. Villegas. CONSENT CALENDAR (Items 1 - 12) Items 5 and 8 were removed from the Consent Calendar for separate consideration by a member of the public and Mayor Casillas Salas, respectively. Councilmember McCann stated he would be abstaining from voting on Item 7 due to a potential property- related conflict of interest. 1. 16 -0271 ORDINANCE NO. 3367 OF THE CITY OF CHULA VISTA AMENDING SECTION 15.04.018 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO "ADDITIONAL PLANNING, DESIGN, CONSTRUCTION, AND POST CONSTRUCTION REQUIREMENTS FOR ALL LAND DEVELOPMENT AND REDEVELOPMENT PROJECTS" (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 2. 16 -0199 RESOLUTION NO. 2016 -085 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CENTER FOR EMPLOYMENT OPPORTUNITIES Recommended Action: Council adopt the resolution. 3. 16 -0233 RESOLUTION NO. 2016 -086 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING EMERGENCY SPENDING IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.56.100(A) WITH DOWNSTREAM SERVICES INC., ARRIETA CONSTRUCTION INC., NU -LINE TECHNOLOGIES LLC, TC CONSTRUCTION COMPANY INC., SANCON ENGINEERING INC. AND SOUTHWEST PIPELINE AND TRENCHLESS CORP. FOR CIP DR204, "STORM DRAIN REPAIRS AT VARIOUS LOCATIONS" PROJECT IN A CUMULATIVE AMOUNT NOT -TO- EXCEED $3,000,000 Recommended Action: Council adopt the resolution. 4. 15 -0643 RESOLUTION NO. 2016 -087 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING MULTIPLE DONATIONS, SPONSORSHIPS AND GRANT FUNDS IN THE AMOUNT OF $12,184 FOR COSTS ASSOCIATED WITH RECREATION FACILITIES AND PROGRAMS AND AMENDING THE FY2015/2016 RECREATION DEPARTMENT BUDGET TO REFLECT THE APPROPRIATION OF THESE FUNDS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2016 -06 -14 Agenda Packet Page 18 City Council Meeting Minutes - Draft May 24, 2016 Item 5 was removed from the Consent Calendar. 6. 16 -0227 RESOLUTION NO. 2016 -089 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING NEW EASEMENTS AND AMENDING THE CONFIGURATION OF AN EXISTING EASEMENT OVER CITY OWNED LAND TO SAN DIEGO GAS & ELECTRIC COMPANY Recommended Action: Council adopt the resolution. 7. 16 -0229 RESOLUTION NO. 2016 -090 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT FOR ELECTRICAL AND COMMUNICATIONS FACILITIES TO SAN DIEGO GAS AND ELECTRIC NECESSARY FOR THE OPERATION OF A SWEETWATER AUTHORITY WELL AT EUCALYPTUS PARK Recommended Action: Council adopt the resolution. Item 8 was removed from the Consent Calendar. 9. 16 -0245 A. RESOLUTION NO. 2016 -092 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT CHANGES IN THE COMPENSATION FOR THE CBAG EXECUTIVE DIRECTOR, CBAG DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC EFFECTIVE JANUARY 1, 2016 B. RESOLUTION NO. 2016 -093 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2015 -2016 COMPENSATION SCHEDULE EFFECTIVE MAY 27, 2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Recommended Action: Council adopt the resolutions. 10. 16 -0217 A. RESOLUTION NO. 2016 -094 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "C" OF COMMUNITY FACILITIES DISTRICT NO. 97 -2 (PRESERVE MAINTENANCE DISTRICT) City of Chula Vista B. RESOLUTION NO. 2016 -095 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97 -2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C" THERETO Recommended Action: Council adopt the resolutions. Page 3 2016 -06 -14 Agenda Packet Page 19 City Council Meeting Minutes - Draft May 24, 2016 11. 16 -0198 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING MARCH 31, 2016 B. RESOLUTION NO. 2016 -096 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2015/16 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council accept the report and adopt the resolution. 12. 16 -0238 INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2016 Recommended Action: Council accept the report. Approval of the Consent Calendar ACTION: A motion was made by Councilmember Bensoussan, seconded by Deputy Mayor Miesen, to approve staffs recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Items 1 through 4, 6, and 9 through 12: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 Item 7: Yes: 3 - Bensoussan, Miesen and Casillas Salas No: 0 Abstain: 1 - McCann ITEMS REMOVED FROM THE CONSENT CALENDAR 5. 16 -0219 RESOLUTION NO. 2016 -088 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE'S BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM AND RELATED AUTHORIZATIONS, FOR UP TO FIVE YEARS Steven Pavka, Chula Vista resident, spoke in opposition to sales tax being assessed on the California Redemption Value (CRV) portion of beverage sales. ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor Miesen, that Resolution No. 2016 -088 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 City of Chula Vista Page 4 2016 -06 -14 Agenda Packet Page 20 City Council Meeting Minutes - Draft May 24, 2016 8. 16 -0153 RESOLUTION NO. 2016 -091 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS GRANT TASK FORCE'S SELECTION OF THE FISCAL YEAR 2016 PERFORMING AND VISUAL ARTS GRANTS RECIPIENTS AND MONETARY GRANT AWARDS TOTALING $75,300 Candy Silva, Performing and Visual Arts Grant recipient, thanked the Council for its support. ACTION: A motion was made by Deputy Mayor Miesen, seconded by Councilmember Bensoussan, that Resolution No. 2016 -091 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 PUBLIC COMMENTS There were none. ACTION ITEMS Item 13 was taken out of order and heard following Item 14. 14. 16 -0236 CONSIDERATION OF APPROVAL TO REFINANCE 2006 AND 2010 CERTIFICATES OF PARTICIPATION City of Chula Vista A. RESOLUTION NO. 2016 -098 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING, IN PART, RESOLUTION NO. 2016 -058 AND AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY 2016 LEASE REVENUE REFUNDING BONDS B. RESOLUTION NO. 2016 -099 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS, AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED $10,000,000 2016 REFUNDING CERTIFICATES OF PARTICIPATION, (CIVIC CENTER PROJECT), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH C. RESOLUTION NO. 2016 -003 OF THE BOARD OF DIRECTORS OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY MODIFYING, IN PART, RESOLUTION NO. 2016 -002 AND AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY 2016 LEASE REVENUE REFUNDING BONDS Page 5 2016 -06 -14 Agenda Packet Page 21 City Council Meeting Minutes - Draft May 24, 2016 D. RESOLUTION NO. 2016 -003 OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION WITH THE SALE AND DELIVERY OF THE CITY OF CHULA VISTA 2016 REFUNDING CERTIFICATES OF PARTICIPATION, (CIVIC CENTER PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH. Finance and Purchasing Manager Sylvia presented information on the item. ACTION: A motion was made by Councilmember McCann, seconded by Mayor Casillas Salas, that Council Resolution Nos. 2016 -098 and 2016 -099, Municipal Financing Authority Resolution No. 2016 -003, and Public Financing Authority Resolution No. 2016 -003, be adopted, headings read, text waived. The motion carried by the following vote: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 13. 16 -0237 PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2016 -17 RESOLUTION NO. 2016 -097 OF THE CITY COUNCIL / 2016 -006 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY / 2016 -003 HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2016 -17 AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME Finance Director Bilby and Public Works Director Hopkins gave a presentation on the item. Council discussion ensued regarding the item. The following members of the public spoke in support of funds being budgeted to renovate the restrooms at the Civic Center Branch Library: - Shauna Stokes, Chula Vista resident, representing the Friends of the Chula Vista Library, and she also presented photos of the restrooms. - Susan Botts, Chula Vista resident Mayor Casillas Salas spoke in support of upgrading the Civic Center Branch Library restrooms. Council discussion continued regarding the item. Councilmember Bensoussan spoke in support of additional public outreach regarding the budget, renovating the Civic Center Library restrooms, budgeting adequate funding for the Arts Master Plan, and she spoke in support of addressing the infrastructure needs of the Rohr Manor House and Woman's Club. City of Chula Vista Page 6 2016 -06 -14 Agenda Packet Page 22 City Council Meeting Minutes - Draft May 24, 2016 Public Works Director Hopkins stated that the Parks and Recreation Commission recommended approval of the budget at its meeting of May 19, 2016. ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember Bensoussan, that Council Resolution No. 2016 -097, Successor Agency Resolution No. 2016 -006, and Housing Authority Resolution No. 2016 -003 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Halbert provided an update on the University Innovation District project. MAYOR'S REPORTS 15. 16 ®0264 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS International Friendship Commission: Ruth Serrato and Miguel Duran Cultural Arts Commission: Roderick Reinhart ACTION: A motion was made by Councilmember McCann, seconded by Mayor Casillas Salas, that the above appointments be ratified. The motion carried by the following vote: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 Mayor Casillas Salas spoke regarding a recent celebration of Older American's Week and Olympian High School's Senior Common Experience program. She spoke regarding a recent visit by former President Bill Clinton and thanked the Police Department for its assistance in managing the event. She congratulated the Chula Vista Police Explorers for winning first place in the Domestic Violence scenario and second place over all in the recent Escondido Police Cadet competition. COUNCILMEMBERS' COMMENTS Councilmember McCann announced upcoming Memorial Day ceremonies. Deputy Mayor Miesen spoke regarding the recent Otay Valley Regional Park Day event. Councilmember Bensoussan spoke regarding the recent ribbon cutting for the Take Me Home mural at the Animal Care Facility. ADJOURNMENT At 6:29 p.m., Mayor Casillas Salas adjourned the meeting to the Regular Workshop Meeting on June 2, 2016, at 4:00 p.m., and thence to the Regular City Council Meeting on June 7, 2016, at 5:00 p.m., in the Council Chambers. City of Chula Vista Page 7 Kerry K. Bigelow, Assistant City Clerk 2016 -06 -14 Agenda Packet Page 23 City of Chula Vista Meeting Minutes - Draft Tuesday, June 7, 2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY CALL TO ORDER A Special Meeting of the Housing Authority and Regular Meetings of the Successor Agency to the Redevelopment Agency and the City Council of the City of Chula Vista were called to order at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Councilmember Bensoussan, Councilmember McCann, Deputy Mayor Miesen and Mayor Casillas Salas Councilmember Aguilar arrived at 5:25 p.m. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 16 ®0299 OATHS OF OFFICE Ruth Serrato and Miguel Duran, International Friendship Commission Roderick Reinhart, Cultural Arts Commission City Clerk Norris administered the oaths of office to Commissioners Duran, Reinhart, and Serrato, and Councilmember McCann presented them with certificates of appointment. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. B. 16 ®0250 PRESENTATION BY CALIFORNIA POLICE CHIEFS ASSOCIATION PRESIDENT CHIEF KEN CORNEY IN RECOGNITION OF OUTGOING PRESIDENT, CHIEF DAVID BEJARANO Chief Corney recognized Chief Bejarano for his service as the President of the California Police Chiefs Association. City of Chula Vista Page 1 2016 -06 -14 Agenda Packet Page 24 City Council Meeting Minutes - Draft June 7, 2016 C. 16 -0263 PRESENTATION OF A PROCLAMATION TO ALLIANCE SAN DIEGO HUMAN RIGHTS DIRECTOR CHRISTIAN RAMIREZ PROCLAIMING JUNE 2016 AS IMMIGRATION HERITAGE MONTH IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Bensoussan presented it to Erin Tsoromoto Grassi and Pedro Rios, representing the San Diego Immigrant Rights Consortium. Councilmember Aguilar arrived at 5:25 p.m. D. 16 -0265 PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY, JUNE 7, 2016 AS RON COHN DAY IN THE CITY OF CHULA VISTA IN HONOR OF HIS SELECTION AS THE SAN DIEGO LEUKEMIA & LYMPHOMA SOCIETY'S MAN OF THE YEAR Mayor Casillas Salas read the proclamation and Deputy Mayor Miesen presented it to Mr. Cohn. CONSENT CALENDAR (Items 1 - 5) Item 1 was removed from the Consent Calendar for separate consideration by Councilmember McCann. Mayor Casillas Salas stated she would abstain from voting on Item 2 due to a potential property- related conflict of interest. Item 1 was removed from the Consent Calendar. 2. 16 -0109 RESOLUTION NO. 2016 -100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SIGN THE ASSESSMENT BALLOT ON BEHALF OF THE CITY OF CHULA VISTA TO RENEW THE PROPERTY -BASED BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA VISTA FOR A PERIOD OF TEN YEARS Recommended Action: Council adopt the resolution. 3. 16 -0228 RESOLUTION NO. 2016 -101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION OF LOT "I" FOR OPEN SPACE PURPOSES PER FINAL MAP NO. 15942, CHULA VISTA TRACT NO. 09 -03, OTAY RANCH MILLENIA (EASTERN URBAN CENTER) Recommended Action: Council adopt the resolution. 4. 16 -0268 RESOLUTION NO. 2016 -102 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND RATIFYING THE TERMS OF AN EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PAYCHEX BENEFIT TECHNOLOGIES, INC., DBA BENETRAC, TO PROVIDE ELECTRONIC ENROLLMENT AND ADMINISTRATIVE SYSTEM FOR CITY OF CHULA VISTA EMPLOYEE BENEFITS, THEREBY CONTINUING SAID AGREEMENT Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2016 -06 -14 Agenda Packet Page 25 City Council Meeting Minutes - Draft June 7, 2016 5. 16 -0269 RESOLUTION NO. 2016 -103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING VARIOUS LETTERS OF UNDERSTANDING (INVOLVING UNIFORM ALLOWANCES AND REPORTABLE COMPENSATION, AS DEFINED BY CALPERS) WITH THE CITY'S BARGAINING UNITS, AS RECOMMENDED BY THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM OFFICE OF AUDIT SERVICES AND AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 571(b) (1) (A) (B) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor Miesen, to approve staffs recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Item 2: Yes: 4 - Aguilar, Bensoussan, McCann and Miesen No: 0 Abstain: 1 - Casillas Salas Items 3 through 5: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 1. 16 -0078 ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON BONITA ROAD BETWEEN WILLOW STREET AND EASTERLY CITY LIMIT FROM 35 MPH TO 40 MPH, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (FIRST READING) Assistant Director of Engineering Valle gave a presentation on the item. ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that staff investigate additional traffic - calming measures and that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 PUBLIC COMMENTS Steven Pavka, Chula Vista resident, spoke in support of regulating towing company fees. Pam Keel, Chula Vista resident, expressed concern regarding group homes near her residence. City of Chula Vista Page 3 2016 -06 -14 Agenda Packet Page 26 City Council Meeting Minutes - Draft June 7, 2016 PUBLIC HEARINGS 6. 16 -0273 CONSIDERATION BY THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY AND THE OPERATING BUDGETS FOR THE HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2016 -17 City of Chula Vista A. RESOLUTION NO. 2016 -104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2016 -17 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 EXCLUDING OPEN SPACE DISTRICTS: 1, 8, 10, 20, EASTLAKE MAINTENANCE DISTRICT, COMMUNITY FACILITY DISTRICT 07M AND THE OTHER EXPENSES CATEGORY OF THE NON - DEPARTMENTAL BUDGET IN THE GENERALFUND B. RESOLUTION NO. 2016 -105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR COMMUNITY FACILITY DISTRICTS 8 AND 20 APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 C. RESOLUTION NO. 2016 -106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR OPEN SPACE DISTRICT 1 AND COMMUNITY FACILITY DISTRICT 07M FOR FISCAL YEAR 2016 -17 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 D. RESOLUTION NO. 2016 -107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR EASTLAKE MAINTENANCE DISTRICT FOR FISCAL YEAR 2016 -17 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 E. RESOLUTION NO. 2016 -108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT 10 AND FOR THE OTHER EXPENSES CATEGORY OF THE NON - DEPARTMENTAL BUDGET IN THE GENERAL FUND FOR FISCAL YEAR 2016 -17 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Page 4 2016 -06 -14 Agenda Packet Page 27 City Council Meeting Minutes - Draft June 7, 2016 F. RESOLUTION NO. 2016 -109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND CHANGES IN SALARY AS REFLECTED IN THE FISCAL YEAR 2016 -17 OPERATING BUDGET G. RESOLUTION NO. 2016 -110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2016 -2017 COMPENSATION SCHEDULE EFFECTIVE JUNE 24, 2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 H. RESOLUTION NO. 2016 -111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016 -2017 COMPENSATION SCHEDULE EFFECTIVE JULY 8, 2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 I. RESOLUTION NO. 2016 -004 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2016 -17 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 J. RESOLUTION NO. 2016 -007 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2016 -17 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2017 K. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FA DEPUTY EXECUTIVE DIRECTOR, FA EXECUTIVE DIRECTOR AND FA PUBLIC PRIVATE PARTNERSHIP AND EXERCISE PROGRAM MANAGER AND DELETE CALIFORNIA BORDER ALLIANCE GROUP (CRAG) DEPUTY EXECUTIVE DIRECTOR, CBAG EXECUTIVE DIRECTOR AND TREASURY AND BUSINESS MANAGER (FIRST READING) (4 /5THS VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City of Chula Vista Page 5 2016 -06 -14 Agenda Packet Page 28 City Council Meeting Minutes - Draft June 7, 2016 City Attorney Googins announced the following potential property- related conflicts of interest: Councilmember Aguilar on Item 6B, Councilmember McCann on Item 6C, Deputy Mayor Miesen and Mayor Casillas Salas on Item 6D, and Mayor Casillas Salas on Item 6E. Mayor Casillas Salas opened the public hearing. Shauna Stokes, Chula Vista resident, representing the Friends of the Chula Vista Library, spoke in support of upgrading the restrooms at the Civic Center Branch Library. City Manager Halbert stated that the Civic Center Branch Library restrooms would be repaired and deep cleaned, and that renovating the restrooms was on the critical infrastructure needs list, should funds become available in the future. There being no other members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember McCann, that Resolution Nos. 2016 -104, 2016 -109, 2016 -110, 2016 -111, Housing Authority Resolution No. 2016 -004, Successor Agency Resolution No. 2016 -007 (Items 6A, and 6F through 6J) be adopted, and the above ordinance (Item 6K) be placed on first reading, headings read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 Councilmember Aguilar left the dais during voting on Item 6B. ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember McCann, that Resolution No. 2016 -105 (Item 613) be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 1 - Aguilar Councilmember McCann left the dais during voting on Item 6C. ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember Aguilar, that Resolution No. 2016 -106 (Item 6C) be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Casillas Salas No: 0 Abstain: 1 - McCann Deputy Mayor Miesen left the dais during voting on Item 6D. Mayor Casillas Salas left the dais during voting on Items 6D and 6E. City of Chula Vista Page 6 2016 -06 -14 Agenda Packet Page 29 City Council Meeting Minutes - Draft June 7, 2016 Councilmember Bensoussan led the discussion and voting on Items 6D and 6E. ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Resolution No. 2016 -107 (Item 6D) be adopted, heading read, text waived. The motion carried by the following vote: Yes: 3 - Aguilar, Bensoussan and McCann No: 0 Abstain: 2 - Miesen and Casillas Salas ACTION: A motion was made by Councilmember Aguilar, that Resolution No. 2016 -108 (Item waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, McCann and Miesen No: 0 Abstain: 1 - Casillas Salas BOARD AND COMMISSION REPORTS McCann, seconded by Councilmember 6E) be adopted, heading read, text 7. 16 ®0222 REPORT AND RECOMMENDATION BY THE CHARTER REVIEW COMMISSION REGARDING A PROPOSED CHARTER AMENDMENT TO REQUIRE THAT THE ELECTED CITY ATTORNEY BE A CITY RESIDENT Assistant City Attorney Maland and Charter Review Commission Chair Bellamy presented information on the item. Councilmember McCann suggested the Charter Review Commission perform a comprehensive review of the Charter and consider addressing other issues, such as residency requirements for candidates running for an elected office and other items that may need improvement and /or cleanup, in a single ballot measure. Councilmember Bensoussan spoke in support of the City Attorney position being appointed instead of elected, and incorporating more aspects into a potential ballot measure, such as aligning the City Attorney salary with that of other city attorneys and eliminating term limits for the position. Councilmember Aguilar spoke in support of a comprehensive review of the Charter and including other changes, such as residency requirements, in a single ballot measure. Deputy Mayor Miesen spoke in opposition to the City Attorney's position being elected and in support of a comprehensive review of the Charter. Assistant City Attorney Maland stated that the Charter Review Commission was in the process of conducting a comprehensive review of the Charter. There was consensus of the Council that the topics to be referred to the Charter Review Commission were: city attorney term limits, city attorney residency, residency length for elected officials, city attorney salary, elected versus appointed city attorney, and an analysis of other cities' requirements for elected or appointed city attorneys. Mayor Casillas Salas spoke in opposition to the City Attorney position being elected, and in support of the Charter Review Commission presenting the Council with options, including reform of the City Attorney position and making the City Attorney position appointed. City of Chula Vista Page 7 2016 -06 -14 Agenda Packet Page 30 City Council Meeting Minutes - Draft June 7, 2016 City Attorney Googins suggested the Council provide the Charter Review Commission with direction on the priority of topics to review. Councilmember Aguilar stated the residency requirement had a higher priority. Councilmember Bensoussan spoke in support of the residency requirements being addressed in 2017 and the term limits and salary of the city attorney position be addressed at that time. Deputy Mayor Miesen concurred with Councilmember Bensoussan's statements regarding the priority of items to address. City Attorney Googins stated his office would provide the Council with a report on the legal parameters regarding residency requirements for candidates running for office. ACTION: A motion was made by Councilmember Aguilar, seconded by Councilmember McCann, that a referral be made to the Charter Review Commission to further review the item based on City Council comments and the letter submitted by Charter Review Commissioner Ross. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Halbert recognized Finance Director Bilby and his team for their work on the budget, and stated they would be presenting Council with a long -range finance plan in the near future. MAYOR'S REPORTS Mayor Casillas Salas spoke regarding her attendance at several graduation ceremonies, the Fleet Reserve Memorial Day service, and the groundbreaking of Saburo Muraoka Elementary School. She stated she toured the new SDG &E substation and attended High Tech Middle School's At the Table dinner program. Mayor Casillas Salas paid tribute to Doug Perkins, past Executive Director of the South County Economic Development Council. COUNCILMEMBERS' COMMENTS Deputy Mayor Miesen spoke regarding his attendance at the Saburo Muraoka Elementary School groundbreaking. He announced the upcoming Chula Vista Development Forum that he and Mayor Casillas Salas would be hosting. Councilmember McCann spoke regarding his attendance at the Memorial Day service at Glen Abbey, the Saburo Muraoka Elementary School groundbreaking, and several graduation ceremonies. Mayor Casillas Salas spoke regarding Evelyn McCoy, who gave the keynote speech at the Memorial Day service. ADJOURNMENT At 7:02 p.m., Mayor Casillas Salas adjourned the meeting in memory of Mr. Doug Perkins, past Executive Director, South County Economic Development Council, to a Special City Council Meeting on June 9, 2016, at 4:00 p.m., in the Executive Conference Room and thence to the Regular City Council Meeting on June 14, 2016, at 5:00 p.m., in the Council Chambers. City of Chula Vista Page 8 Kerry K. Bigelow, Assistant City Clerk 2016 -06 -14 Agenda Packet Page 31 File #: 16 -0311, Item #: 2 WRITTEN COMMUNICATIONS City of Chula Vista Staff Report Memorandum from Councilmember Aguilar requesting an excused absence from the May 24, 2016 City Council meeting. RECOMMENDED ACTION Council excuse the absence. City of Chula Vista 2016 -06 -14 Agenda Packet Page 1 of 1 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 32 cnYOF CHULA VISTA Councilmember Patricia Aguilar City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 — 619.476.5379 Fax 1 IN 0 .: �,-;: - _s- r�"3c'; .f- .•.- ..•y = =F �.,r+�isFr..^�'- - �t- .5'�_ -x: z�h3 ="- ?;� -- DATE: June 3, 2016 TO: Mayor and Council CC: City Attorney, City Manager, City Clerk FROM: Councilmember Patricia Aguilar Absence from council meeting Dear Mayor and council members, Please excuse my absence from the May 24, 2016 City Council workshop. I was unable to attend due to illness. Pat Aguilar 2016 -06 -14 Agenda Packet Page 33 File #: 16 -0313, Item #: 3 City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FA DEPUTY EXECUTIVE DIRECTOR, FA EXECUTIVE DIRECTOR AND FA PUBLIC PRIVATE PARTNERSHIP AND EXERCISE PROGRAM MANAGER AND DELETE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) DEPUTY EXECUTIVE DIRECTOR, CBAG EXECUTIVE DIRECTOR AND TREASURY AND BUSINESS MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY On May 19, 2016 the City Council was provided the City Manager's proposed operating and capital improvement budgets for the City, and the operating budgets for the Housing Authority and for the Successor Agency to the Redevelopment Agency for the 2016 -17 fiscal year (ending June 30, 2017). The budgets submitted at this time for formal adoption and appropriation represent the City Council's fiscal year 2016 -17 proposed budgets. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, Adoption and Appropriation of the City, Successor Agency to the Redevelopment Agency, and Housing Authority budgets for fiscal year 2016 -17, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because it involves only the allocation of funding; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once projects have been defined, environmental review will be required and a CEQA determination completed prior to commencing to start of any of the projects identified. ENVIRONMENTAL NOTICE The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD /COMMISSION RECOMMENDATION On May 19, 2016 as required by the City Charter, the Parks and Recreation Commission reviewed and approved the Fiscal Year 2016 -17 proposed budget for the Recreation Department and Public Works Department (Parks). DISCUSSION City of Chula Vista 2016 -06 -14 Agenda Packet Page 1 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 34 File #: 16 -0313, Item #: 3 Staff submitted the Fiscal Year 2016 -17 Proposed Budget document to the City Council on May 19, 2016. As required by the City Charter, the City Manager's proposed budget was submitted to the City Council at least thirty -five days before the beginning of the fiscal year. The City Manager's Proposed Budget was presented at the City Council meeting of May 24, 2016. In accordance with the City Charter, a copy of the City Council's proposed budget was made available on May 26, 2016 for public review by making a hard copy of the budget available at the City Clerk's Office and at the City's Libraries, as well as posting a copy of the budget on the City's website. On May 24, 2016 the City Council took action to accept the City Manager's Proposed Budget as the City Council's Proposed Budget and set a public hearing for tonight's adoption of the fiscal year 2016 -17 budget. The budget summarized below represents the proposed City Council budget for fiscal year 2016 -17. The proposed budget for fiscal year 2016 -17 has been updated to reflect the following changes: Summary of General Fund Changes Description Revenues Expenditures Net Impact Transfer of SWBAMLA Positions from the Police Grants Fund $199,083 $192,185 $6,898 Worker's Compensation Adjustments - (52) 52 Fire ALS Adjustment 36,414 (44,178) 80,592 HR Hourly Funding - 12,117 (12,117) Reduce PFDIF Loan repayment to the General Fund (75,425) - (75,425) Updated General Fund 160,072 160,072 - General Fund: The preceding table summarizes the updates to the General Fund. As noted on the table, these changes increase total appropriations by $160,072 but the General Fund remains balanced. The largest change reflects the transfer of 1.0 Police Lieutenant and 1.0 Police Agent from the Police Grants Fund to the Police Department (General Fund) due to the conclusion of the Southwest Border Anti -Money Laundering Alliance (SWBAMLA) grant funding. Summary of Other Fund Changes Description Revenues Expenditures Net Impact DSF - Associate Engineer to Senior Engineer $ - $16,640 ($16,640) CDBG - Holiday Estates Park Improvements CIP - 83,640 83,640 HOME - Reduction of Capital expenses - (5,000) 5,000 ALS - ALS Program Adjustments - 1,451 (1,451) Public Liability Fund - Reductions due to available balance - (713,439) 713,439 Federal Grants - Supplies and Services to Capital ($118,550) - - - Central Garage - Fleet Maintenance Supplies and Services - 23,984 (23,984) Police Grants Fund - Conclusion of SWBAMLA Grant Funding (588,021) (597,383) 9,362 Sewer Service Revenue -Replacement Vehicles /Equipment - 1,322,200 (1,322,200) Open Space /Community Facilities District Adjustments (765,101) (765,101) - City of Chula Vista Page 2 of 10 2016 -06 -14 Agenda Packet Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 35 File #: 16 -0313, Item #: 3 Various - Loan Adjustments (2,020,425) (2,270,850) 250,425 Various - Worker's Compensation Adjustments 26,838 18,279 8,559 Updated Other Funds (3,346,709) (2,885,579) (461,130) Other Funds: Collectively the above summarized changes result in a net decrease of $461,130 to the Other Funds. The largest change is related to various inter -fund loan adjustments. These adjustments are being requested in various funds to better reflect anticipated revenue activity as well as expenditures related to the repayment of inter -fund loans. The funds affected include: (a) PFDIF - Civic Center Fund; (b) Western Park Acquisition and Development (Western PAD); (c) Park Acquisition and Development (PAD); (d) Salt Creek Sewer Basin DIF; (e) Trunk Sewer Capital Reserve; and (f) the Long Term - Advances Debt Service Fund - City Fund. The largest net impact change occurs in the Sewer Service Revenue Fund which is adding funding for the purchase and outfitting of vehicles and equipment. The budget presented in this staff report represents the proposed City Council budget for fiscal year 2016 -17, which is now presented for final Council adoption and appropriation of funds. Attachment A, Recommended Expenditures by Department and Category, summarizes the City Council's proposed budget for fiscal year 2016 -17. This report has been updated to reflect the changes outlined above. The final All Funds expenditure budget submitted for fiscal year 2016 -17 totals $292.2 million and includes transfers out of $35.5 million. The General Fund budget totals $146.5 million. The All Funds budget for fiscal year 2016 -17 includes allocations for capital improvement projects totaling $20.8 million. The remaining $271.4 million represents the operating budgets for various funds including the Successor Agency to the Redevelopment Agency, Housing, Sewer, Development Services, Fleet, Debt Service, and other funds. Estimated All Funds revenues total $282.5 million, the Schedule of Revenues is included as Attachment B. The following table summarizes the total impact of the changes described above. Updated Fiscal Year 2016 -17 Proposed Budget Description Revenues Expenditures Net Impact General Fund as Proposed in May 19 Budget $146,301,258 $146,301,258 $ - Document General Fund Adjustments $ 160,072 $ 160,072 $ - Updated General Fund $146,461,330 $146,461,330 $ - Other Funds as Proposed in May 19 Budget $139,407,262 $148,617,112 $ (9,209,850) Document Other Fund Adjustments $ (3,346,709) $ (2,885,579) $ (461,130) Updated Other Funds $136,060,553 $145,731,533 $ (9,670,980) Updated All Funds - Appropriations for FY2017 $282,521,883 $292,192,863 $ (9,670,980) Use of Reserves (Excludes General Fund) $ 9,670,980 $ - $ 9,670,980 City of Chula Vista Page 3 of 10 Printed on 6/9/2016 ow[; 2016-06-14 Agenda Packet �[;[� by [; Page 36 File #: 16 -0313, Item #: 3 TOTAL ALL FUNDS $292,192,863 $292,192,863 $ - Position Summary The City Council Proposed Budget for fiscal year 2016 -17 includes 984.25 positions for all funds. This is a net increase of 19.00 positions when compared to the fiscal year 2015 -16 adopted budget that included 965.25 authorized positions. 1.00 of the 19.00 positions was approved by the City Council during fiscal year 2015 -16. The Proposed Staffing by Department/Fund for fiscal year 2016- 17 is included as Attachment C. In addition, several reclassification studies were completed city -wide to reflect changes of duties performed by City personnel. Fiscal year 2015 -16 changes in the General Fund resulted in no net FTE increase and changes to other funds resulted in a net increase of 1.00 FTE. The development of the fiscal year 2016 -17 resulted in a net increase of 18.00 positions recommended in the fiscal year 2016 -17 budget. The staffing changes are summarized in the following tables: summary or riscai Year zuio -ib mia-Y ear starring unanges Department/Fund Program osition FTE City Clerk (0.00) eclassification Deputy City Clerk I 1.00) Deputy City Clerk II 1.00 Human Resources (0.00) eclassification Drincipal HR Analyst (PRCF) 1.00) rincipal HR Analyst (MMCF) 1.00 Finance (0.00) eclassifications 8,ccounting Technician 2.00) ccounts Payable Supervisor 1.00 ccountant 1.00 Police (0.00) Reclassifications ublic Safety Analyst 2.00) Senior Management Analyst 1.00 Senior Public Safety Analyst 1.00 Fire (0.00) Reclassification Firefighter (112 HR) 25.00) Firefighter /Paramedic (112 HR) 25.00 Public Works (0.00) Reclassification lectronics Technician 1.00) enior Electronics Technician [FA 1.00 Police Grants Fund (1.00) Reclassifications Administrative Analyst II 1.00) FA Senior Financial Analyst 1.00 FA Program Analyst 1.00) FA Financial Analyst 1.00 BAG Director IV -LECC 1.00) FA IVDC -LECC Executive Director 1.00 Fiscal Agent (FA) Positions - CBAG and SD LECC FA Supervising Intelligence Analyst 1.00 City of Chula Vista 2016 -06 -14 Agenda Packet Page 4 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 37 File #: 16 -0313, Item #: 3 Environmental Services Fund (0.00) Reclassification ecycling Specialist II 1.00) Senior Recycling Specialist 1.00 CV Housing Authority (0.00) Reclassifications roject Coordinator II 2.00) Senior Management Analyst 2.00 TOTAL CITYWIDE Principal Economic Development Specialist 1.00 Summary of Fiscal Year 2016 -17 Staffing Changes Department/Fund rogram Position FTE Administration ( -7.00) Transfer to Economic Development Director of Economic Development 1.00) Environmental Sustainability Manager 1.00) Principal Economic Development Specialist 1.00) Real Property Manager 1.00) Cultural Arts Program Manager 1.00) Senior Economic Development Specialist 1.00) Project Coordinator I 1.00) Human Resources (0.00) Reclassification isk Manager 1.00) Senior HR Analyst 1.00 Senior HR Technician 1.00) R Technician 1.00 R Analyst 1.00) Senior HR Analyst 1.00 rincipal HR Analyst 1.00) R Operations Manager 1.00 Finance (1.00) Revenue and Recovery Treasury and Business Manager 1.00) ssistant Director of Finance 1.00 Comptroller bccountant 1.00) rincipal Management Analyst 1.00 ccounting Technician 1.00 Animal Care Facility (0.75) Animal Care Services Veterinarian (Permitted) 0.75 Economic Development (14.00) Transfer from Administration Director of Economic Development 1.00 nvironmental Sustainability Manager 1.00 rincipal Economic Development pecialist 1.00 eal Property Manager 1.00 ultural Arts Program Manager 1.00 City of Chula Vista 2016 -06 -14 Agenda Packet Page 5 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 38 File #: 16 -0313, Item #: 3 City of Chula Vista 2016 -06 -14 Agenda Packet Page 6 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 39 enior Economic Development pecialist 1.00 roject Coordinator 1 1.00 Reclassification nvironmental Sustainability Manager 1.00) hief Sustainability Officer 1.00 Economic Development roject Coordinator 1 1.00 rincipal Economic Development pecialist 1.00) Office of Sustainability enior Conservation Specialist 1.00 onservation Specialist 1.00 Transfer from Environmental Services Fund Environmental Services Manager 1.00 Transfer from Public Works Senior Secretary 1.00 Conservation Specialist 3.00 Development Services- General Fund ( -0.25) Transfer to Development Services Fund Senior Planner 1.00) Associate Planner 1.00) Transfer from Development Services Fund Senior Office Specialist 1.00 Development Services Technician 11 1.00 Long Range Planning Planning Manager 0.50) Planning Technician 1.00) ssociate Planner 1.25 Police (4.00) Homeless Outreach Team Peace Officer .00 Reclassification -atent Print Examiner 1.00) Senior Latent Print Examiner 1.00 Transfer from Police Grants Police Lieutenant 1.00 Police Agent 1.00 Public Works ( -2.00) Traffic Signal /Street Light Maintenance Principal Civil Engineer 1.00 Homeless Outreach Team Senior Park Ranger 1.00 Transfer to Economic Development Senior Secretary 1.00) onservation Specialist 3.00) Reclassification astewater Collections Manager 1.00) astewater /Stormwater Ops Mgr 1.00 Recreation (0.00) Reclassification quatics Supervisor I 1.00) ecreation Supervisor 111 1.00 City of Chula Vista 2016 -06 -14 Agenda Packet Page 6 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 39 File #: 16 -0313, Item #: 3 Police Grants Fund (2.00) Fiscal Agent (FA) Positions - CBAG and SD LECC FA Supervisory Intelligence Analyst 1.00 FA Senior Intelligence Analyst 2.00 FA Public Private Partnership and xercise Program Manager 1.00 Reclassifications olice Sergeant 1.00) olice Lieutenant 1.00 BAG Deputy Director SD LECC 1.00) BAG Deputy Exec Dir (1.00) BAG Executive Director (1.00) FA Deputy Director SD LECC 1.00 FA Deputy Exec Dir 1.00 FA Executive Director 1.00 FA Senior Financial Analyst (1.00) FA Financial Manager 1.00 Transfer to Police (GF) Police Lieutenant 1.00) olice Agent 1.00) Federal Grants Fund UASI Hazard Preplans SIS Specialist 1.00) Environmental Services Fund (1.00) Transfer to Economic Development nvironmental Services Manager 1.00) Environmental Services Recycling Specialist II 2.00 Development Services Fund (5.50) Transfer from Development Services -GF Senior Planner 1.00 ssociate Planner 1.00 Transfer to Development Services -GF Senior Office Specialist (1.00) Development Services Technician II (1.00) Building Services uilding Inspector III 1.00 Land Development enior Civil Engineer 2.00 andscape Architect 1.50 anagement Analyst 1.00 TOTAL CITYWIDE 18.00 Resolution F authorizes an amendment to the Compensation Schedule and Classification Plan to reflect the staffing changes proposed in the fiscal year 2016 -17 budget. In order to better align job responsibilities with job classifications, there are a number of new titles proposed to be added to the Compensation Schedule and Classification Plan as well salary changes for two existing classifications. The following table reflects the new titles, bargaining group, and E -Step salary to reflect these changes. City of Chula Vista 2016 -06 -14 Agenda Packet Page 7 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 40 File #: 16 -0313, Item #: 3 Summary of Proposed New Classifications Position Title PCN Employee Group E Step Bi- Weekly Salary FA Public Private Partnership & Exercise Manager 5497 Middle Management, Unclassified $4,076.92 Senior Latent Print Examiner 5110 CVEA $3,359.03 Wastewater /Stormwater Operations Manager 6332 MM $4,330.96 Retired Annuitant - Homeless Outreach 9901 Unclassified (Hourly) $3,672.81 Summary of Title Chanqes (Title Chanqe Only - No Chanqe in Salary) Current Title Proposed Title Employee Group FTE CBAG Deputy Director SD LECC FA Deputy Director SD LECC SM 1.00 CBAG Deputy Executive Director FA Deputy Executive Director SM 1.00 CBAG Executive Director FA Executive Director EXEC 1.00 The titles of CBAG Deputy Director SD LECC, CBAG Deputy Executive Director, CBAG Executive Director, Treasury and Business Manager and Wastewater Collections Manager will be eliminated from the Compensation Schedule and Classification Plan. Finally, Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position titles of FA Deputy Executive Director, FA Executive Director and FA Public Private Partnership and Exercise Program Manager, to Municipal Code Section 2.05.010 and delete the position titles of California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Executive Director and Treasury and Business Manager. Fiscal Year 2016 -2017 Compensation Schedule California Code of Regulations (CCR), Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that is approved by Council. This regulation applies to all employers reporting compensation to California Employees' Retirement System (CalPERS). Due to the date salary increases are scheduled to take effect, there are two compensation schedules attached to attendant Resolutions G and H for which approvals are requested. The first Compensation Schedule (Exhibit 1) pertains to resolution G and lists the corresponding position and salary information to be in effect June 24, 2016. The second Compensation Schedule (Exhibit 2) attached pertains to Resolution H and lists the corresponding position and salary information to be in effect July 8, 2016. Once approved, any changes to the adopted Compensation Schedule including, but not limited to, across - the -board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected in a revised Compensation Schedule that will be submitted to Council for approval. City of Chula Vista 2016 -06 -14 Agenda Packet Page 8 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 41 File #: 16 -0313, Item #: 3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council /Successor Agency to the Redevelopment Agency /Housing Authority members and has found that potential conflicts exist, in that members have property holdings within 500 feet of the districts listed below: ■ City Council Conflicts: o Council Member Aguilar - For Open Space District 1 and Open Space District 20, this conflict pertains to Resolution B. o Mayor Salas - For Eastlake Maintenance District, Open Space District 10 and the Other Expenses category of the Non - Departmental Budget in the General Fund, These conflicts pertain to Resolutions D and E. o Council Member McCann - Open Space District 1 and Community Facility District 07M. This conflict pertains to Resolution C. o Council Member Miesen - Eastlake Maintenance District 1, this conflict pertains to Resolution D. Each of the remaining decisions contemplated by this action is either: (i) not site specific; or (ii) ministerial, secretarial, manual, or clerical in nature, thus, not requiring the members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1); or (iii) solely concerns the repair, replacement or maintenance of existing streets, sewer, storm drainage or similar facilities, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(c)(1); or (iv) to the extent that any decision would have a reasonably foreseeable financial effect on the member's real property, the effect would be nominal, inconsequential, or insignificant, and, thus, would not be material, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b). Consequently, these decisions do not present real property- related conflicts under the Political Reform Act (Cal. Gov't Code § 87100, et seq. ) Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact in the current fiscal year as a result of the adoption of the budget. ONGOING FISCAL IMPACT Approval of the proposed budgets will result in the appropriation of $292.2 million in funding for the fiscal year ending June 30, 2017. This amount includes a General Fund budget of $146.5 million. Proposed Fiscal Year 2016 -17 Appropriations by Fund Type Fund Proposed Expenditures General Fund $146,461,330 Capital Projects Funds $18,532,555 Debt Service Funds $14,444,697 Development Services Fund $9,505,143 Fleet Management $3,639,454 Other Funds $54,333,360 Sewer Funds $34,166,870 Successor to Redevelopment Agency $11,109,453 Total All Funds $292,192,863 ATTACHMENTS: A - Recommended Expenditures by Department and Category City of Chula Vista 2016 -06 -14 Agenda Packet Page 9 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 42 File #: 16 -0313, Item #: 3 B - Schedule of Revenues C - Proposed Staffing by Department and Fund Staff Contact: David Bilby, Finance Department City of Chula Vista 2016 -06 -14 Agenda Packet Page 10 of 10 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 43 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FA DEPUTY EXECUTIVE DIRECTOR, FA EXECUTIVE DIRECTOR AND FA PUBLIC PRIVATE PARTNERSHIP AND EXERCISE PROGRAM MANAGER AND DELETE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) DEPUTY EXECUTIVE DIRECTOR, CBAG EXECUTIVE DIRECTOR AND TREASURY AND BUSINESS MANAGER (FIRST READING) (4/5 VOTE REQUIRED) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four -fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section L That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official/Code Enforcement Manager, C li f ffli , B ra °r , Chief of Staff, Chief Sustainability Officer, City Engineer, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst 11, FA Analyst, FA Deputy Executive Director, FA Executive Director and FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer /Webmaster, FA Information Security Program Manager, FA IVDC -LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Secretary, FA Supervisory Intelligence Analyst, Finance and Purchasing 2016 -06 -14 Agenda Packet Page 44 Ordinance No. Page No. 2 Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor's Office), Performance and Organizational Development Manager, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior Council Assistant, and Traffic Engineer . Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Gary Halbert City Manager Approved as to form by Glen R. Googins City Attorney 2016 -06 -14 Agenda Packet Page 45 File #: 16 -0312, Item #: 4 City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON BONITA ROAD BETWEEN WILLOW STREET AND EASTERLY CITY LIMIT FROM 35 MPH TO 40 MPH, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (SECOND READING AND ADOPTION) Council adopt the ordinance. SUMMARY Staff completed an Engineering and Traffic Survey (E &TS) for a segment of Bonita Road in accordance with the California Vehicle Code. Based on the results of the E &TS, staff has determined that the speed limit on Bonita Road between Willow Street and Easterly City Limit should be increased from 35 mph to 40 mph. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD /COMMISSION RECOMMENDATION The Safety Commission, at their meeting on February 3, 2016, voted to concur with staff's recommendations to increase speed limit on Bonita Road between Willow Street and Easterly City Limit from 35 mph to 40 mph. DISCUSSION Background: California Vehicle Code (CVC) indicates that the posting of the speed limit be determined by an Engineering and Traffic Survey (see Attachment 2). The roadway characteristics are used to help determine an appropriate speed limit. In addition, the Manual on Uniform Traffic Control Devices (MUTCD) states that the speed limit shall be established at the nearest 5 mph increment of the 85th percentile speed. City of Chula Vista 2016 -06 -14 Agenda Packet Page 1 of 6 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 46 File #: 16 -0312, Item #: 4 On July 24, 2015, the Chula Vista Police Department (CVPD) notified the traffic engineering staff that this segment of Bonita Road has been determined to be a "speed trap" by the local Traffic Commissioner and recent citations for speeding have been dismissed. A new E &TS would be required to properly set the speed limit. Staff prepared the E &TS in August 2015. On November 4, 2015, the Safety Commission held a public hearing for a recommendation to increase the existing speed limit on Bonita Road between Willow Street and Easterly City Limit from 35 mph to 40 mph. Several members of the public provided comments. Following public input and discussion, the Commission requested that staff further review the concerns raised by the public, reevaluate the recommendations and report back in a future meeting. At the request of the Safety Commission, staff conducted another speed survey and revisited the E &TS elements as described below. Engineering and Traffic Survey: In accordance with CVC Section 627, an E &TS consists of engineering measurements of the prevailing free flow speeds in the proposed roadway segment, a review of the collision history, and a review of roadside conditions. Residential and business density as well as pedestrian and bicyclist safety should also be considered. The E &TS should document compliance with the conditions of CVC Section 627 and identify conditions not readily apparent to a motorist. Phvsical Conditions and Roadwav Characteristics The following describes the existing conditions and roadway characteristics of this segment of Bonita Road: Segment Limit Bonita Road between Willow Street and Easterly City Limit. Length /Width 4,384 feet (0.83 miles) long and 47' to 89' wide. Classification 4 -Lane Major. ADT (Year) 31,302 (2015). Exist. Speed Limit Posted 35 mph. 85t1% Speed42 mph between Willow Street and Allen School Road. 38 mph between Allen School Road and Otay Lakes Road. 42 mph between Otay Lakes Road and Easterly City Limit. Number of Lanes 4 total lanes on one part of the segment and 3 total lanes on the rest of the other segment. Striping 4 lanes, two -way left turn lane, right -turn and left -turn pockets, crosswalks and limit lines. Parking and Bike Lane Parking restricted except along the north side of the road approximately 915' west and 700' east of Allen School Road. Bike lanes exist along both sides of the segment. Land Use Residential multi - family and commercial businesses. Horizontal Alignment A horizontal curve with a radius of 700 ft over a length of 538 ft is located near Allen School Road and produces a design speed of 45 mph. Vertical Alignment Less than 2% grade. City of Chula Vista 2016 -06 -14 Agenda Packet Page 2 of 6 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 47 File #: 16 -0312, Item #: 4 Accident Rate The accident rate at this segment is 0.39 (accidents per million vehicle miles) and is lower than the rate of 1.70 for similar roadways in the State of California (2012). The County of San Diego segments of Bonita Road at both ends of the City segment have a posted speed of 45 and 50 mph (Attachment # 2). As described in the California Vehicle Code, the survey shall include: (1) Prevailing speeds as determined by traffic engineering measurements; (2) Accident records; (3) Traffic /roadside conditions not readily apparent to the driver. Prevailing Speeds: The California Vehicle Code requires speed limits to be set at the 85th percentile speed. Speed limits established on the basis of the 85th percentile speed conform to the consensus of those who drive the street as to what speed is reasonable and safe, and are not dependent on the judgment of one or a few individuals. Speed limits posted higher than the 85th percentile speed are not considered reasonable and safe, while speed limits posted below the 85th percentile typically do not facilitate the orderly movement of traffic. After the November 4, 2015, Safety Commission meeting, staff requested that the Police Department install the portable speed feedback unit on Bonita Road to raise driver's awareness of the 35 mph posted speed limit and their actual speed. The speed feedback unit was deployed in mid - November. City staff conducted Speed Survey in late November after the speed feedback unit had been removed. The 85th percentile speeds ranged from 38 to 42 mph. Also, in March 2016, for added visibility, the City installed larger 35 mph speed limit signs along Bonita Road to inform the motorists of the posted speed limit. On April 21, 2016, City staff conducted another Speed Survey. Again, the 85th percentile speeds ranged from 38 to 42 mph. Per speed limit establishment protocol, this was measured during the off -peak hours under normal free flow driving conditions. Accident records The accident rate at Bonita Road between Willow Street and Easterly City Limit is 0.39 (accidents per million vehicle miles). This rate is lower than the average statewide rate of 1.70 for similar roadways in California. Federal Highway Administration Research and Development studies ( FHWA -RD -92 -084 and FHWA -RD -98 -154) show that establishing a speed limit at less than the 85th percentile generally results in an increase in collision rates. Traffic /Roadside Conditions Bonita Road has a horizontal reverse curve east of Allen School Road. The public provided City of Chula Vista Page 3 of 6 Printed on 6/9/2016 ow[; 2016 -06 -14 Agenda Packet �[;[� by [; Page48 File #: 16 -0312, Item #: 4 comments regarding potential sight visibility issues for a few commercial driveways located along the south side of the street. The stopping sight distance study for these driveways was reevaluated. It was confirmed that there are no physical obstructions (landscaping) and all the driveway locations met the stopping sight distance requirements for a speed limit of 40 mph. Also, a letter was sent to the owners at this location requesting them to continue to maintain the landscaping along the frontage at maximum height of three feet or less to ensure proper sight distance visibility. Based on staff's records, between the years of 2010 and 2012, there are no reported collisions documented at these driveways. Restricting left turn movements at these driveways could be considered but does not appear to be warranted. The traffic signal timing on Bonita Road was reviewed, updated and minor changes were made to enhance and improve the functionality of traffic signals at intersections. Additionally, a local Traffic Commissioner with Superior Court of California, South County Division, (Case No.: Y483914), stated the following- " The Court finds that there are not conditions which justify reducing the speed limit to 35 MPH. The conditions that exist are apparent to drivers, and the accident rate is less than half of the accident rate for similar roadways. The design speed of the roadway is 45 MPH. The 85 percentile is 42 MPH. The statistical data attached shows that 58% of drivers travel faster than 35 MPH on that segment of roadway. For any and all the above reasons, the Court finds the Defendant, ... not guilty of speeding. " This finding of a "speed trap" severely impacts CVPD ability to conduct effective speed enforcement. Traffic Calminq Traffic calming is a method for slowing speeding traffic on streets. Physical and nonphysical treatments (such as enforcement) are used to alter a motorist's behavior and improve conditions for people living, walking and bicycling in a neighborhood. Devices such as speed humps, raised intersections and crosswalks, residential traffic circles, and chokers and neckdowns have proven to be effective in cities throughout the country for calming and slowing speeding traffic on streets. Unfortunately, these types of physical treatment are not suitable or warranted for this segment of Bonita Road. There are no readily apparent issues or problems that would justify such calming measures. Bonita Road is a major road with high volume of over 31,000 ADT and the collision rate on this segment of Bonita Road is significantly less than the statewide average. The most appropriate traffic calming measure would be to set the appropriate speed limit (85th percentile) which would allow defensible police enforcement. Police enforcement, as a traffic calming, entails the presence of police to monitor speeds and other inappropriate driving behavior and issue citations when necessary. This will encourage motorists to drive at the posted speeds and City of Chula Vista Page 4 of 6 Printed on 6/9/2016 ow[; 2016 -06 -14 Agenda Packet �[;[� by [; Page49 File #: 16 -0312, Item #: 4 follow the rules of the road. This approach is only effective when the proper speed limits established and posted. Unfortunately, the declaration from the local Traffic Commissioner stated that this segment of roadway was a "speed trap ", effectively eliminating the CVPD ability to conduct radar enforcement along this segment of Bonita Road. Road Diet Road diets are often conversions of four -lane undivided roads into fewer lanes. Lane reductions on Bonita Road are not recommended due to the high Average Daily Traffic count. CONCLUSION: On February 3, 2016 the Safety Commission concurred with staff's recommendations and voted to increase the speed limit on Bonita Road between Willow Street and Easterly City Limit to 40 mph. Based on the 85th percentile speed of the roadway, a very low collision rate that is less than 1 /4th of the statewide average for similar roadways and no unapparent conditions for the drivers, staff has determined that the speed limit on Bonita Road between Willow Street and Easterly City Limit still should be increased from 35 mph to 40 mph. There are no conditions that can be applied, per the California Vehicle Code, to justify a further reduction to the recommended speed limit. Additionally, the Chula Vista Police Department will be able to effectively enforce the speed limit. Should the City Council establish the proposed 40 mph speed limit, Schedule X of the register maintained in the office of the City Engineer would be amended to reflect the revised speed limit as follows: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street: Bonita Road Beginning At: Willow Street Ending At: Easterly City Limit Proposed Speed Limit: 40 mph DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that, John McCann, Council Member has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(11), this item presents a disqualifying real property- related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above - identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. City of Chula Vista Page 5 of 6 Printed on 6/9/2016 ow[; 2016-06-14 Agenda Packet �[;[� by [; Page 50 File #: 16 -0312, Item #: 4 LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The goal of this action item is to support the Strong and Secure Neighborhood strategy identified in the City's Strategic Plan by providing safer roadways. CURRENT YEAR FISCAL IMPACT The proposed speed limit modification would require the replacement and posting of new speed limit signs and marking of new pavement speed limit legends. The cost to install these improvements is approximately $2,100. The required work will be funded by TransNet associated with Capital Improvement Project, TF -332 - Signing and Striping Program. Sufficient TransNet funds are available to cover program costs associated with TF -332. ONGOING FISCAL IMPACT The improvements will require only routine City maintenance. Attachments: 1. Location Plat 2. Existing Speed Limits 3. Speed Survey 4. AAA Publication "Effective Speed Zoning Why and How" - Dated 2012 Staff Contact: Muna Cuthbert, Senior Civil Engineer City of Chula Vista 2016 -06 -14 Agenda Packet Page 6 of 6 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 51 2016 -06 -14 Agenda Packet Page 52 } Y y P .r '6. PP i tt _ ', ■ w r n r r �n pD �v } � ry 2016 -06 -14 Agenda Packet Page 52 2016 -06 -14 Agenda Packet Page 53 STREET: Bonita Road LIMITS: Willow Street to Easterly City Limit Length of Segment (ft): 4,384'(0.83 miles) Existing Posted Limit (mph): 35 mph SUMMARY OF SPEED SURVEYS Segment: Willow St -Allen School Rd Allen School Rd -Otay Lakes Rd Otay Lakes Rd -E. City Limits Date Taken: 04/21/2016 04/21/2016 11/13/2015 No. of Vehicles on Sample (cars): 100 100 100 85th Percentile (mph): 42 38 42 Range of Speeds Recorded (mph): 30 -48 27 -41 32 -47 ROADWAY CHARACTERISTICS Width (ft): Varies from 47' edge of pavement to edge of pavement - 89' curb to curb Total No. of Lanes: 4 total lanes (2 per direction with a two -way left turn lane between Willow Street and Billy Casper Way and raised center medians between Billy Casper Way and Otay Lakes Road) and 3 total lanes (1 westbound and 2 eastbound lanes east of Otay Lakes Rd) Horizontal Alignment: A horizontal curve located near Allen School Road with a radius of 700' over a distance of 538' produces a design speed of 45 mph. Vertical Alignment: Less than a 2% grade TRAFFIC CHARACTERISTICS Average Daily Traffic: 31,302 (2015, between Allen School Road and Otay Lakes Road) On- Street Parking: Restricted except along the north side of the road approximately 915' west and 700' east of Allen School Road. Special Conditions: Solid commercial businesses with direct driveway access are located along the south side of the roadway. Both multi - family dwellings and commercial businesses are located along the north side of the roadway. The Chula Vista Municipal Golf Course, Bonita Sunnyside Branch Library and Bonita Museum are located on the north side of the roadway between Billy Casper Way and Otay Lakes Road. Bike lanes exist along both sides of the segment except eastbound east of Billy Casper Way. Accident History: The accident rate at this segment is 0.39 (per million vehicle miles) which is lower than the accident rate of 1.70 for similar roadways in the state of California (2012). SURVEY RESULTS Study was Prepared by: Erica Wood Date: 05/11/2016 Recommendation: Increase the posted speed limit to 40 mph due to the 85th percentile speed and roadway characteristics. Date Recommendation Approved: By: Muna Cuthbert, P.E. Approved Speed Limit (mph): 40 MPH Per CVC 40802, Survey Expires: 11/13/2022 U 3 i 20) 2016 -06 -14 Agenda Packet Page 54 i - _- •I Speed zoning is the practice of establishing speed limits that are reasonable and safe for specific sections of roadway, This assumes both that it's possible to determine a "reasonable" speed for specific driving situations and that there's a cause - and - effect relationship between the driving speed and traffic safety. t People often think the second part of this statement means that when motorists drive at higher speeds, a greater number of crashes, deaths, and injuries inevitably occur than when they drive at slower speeds. Therefore, it follows that lowering speed limits is an effective way to deal with complicated traffic challenges. But as it turns out, this commonsense "solution" is both simplistic and usually not true. If used properly, speed zoning is an effective traffic engineering tool that can enhance traffic safety ---but the key word is properly. Numerous studies have shown that artificially lowering speed limits can diminish their overall effectiveness, decrease safety, and promote a culture of disregard not only for speed limits but for traffic regulations generally. Setting unreasonable speed limits can also establish de facto speed traps, in which sensible and safe drivers are unfairly cited for traffic violations. :> l This booklet is a practical guide to effective speed zoning. It is based on the legal provisions for establishing speed limits in California, which are dearly specified in the California Vehicle Code (CVC) and the California Manual on Uniform Traffic Control Devices (CA MUTCD). The first part of the booklet explains why setting effective speed limits must be based on an engineering and traffic survey. The second part shows how to complete such a survey and select an effective speed limit. The Auto Club hopes that you find this booklet useful and that you keep it handy for reference. To request additional copies, please call (714) 885 - -2300; you may also download a PDF copy at i AAA.com /roadahead. We are happy to be of further service regarding specific speed - zoning problems in your community. If you have additional questions, please call (714) 885 -2326. i . 3 ZQ1 1Agenda ac et`" Page 59 Fundamentals of Effective Speed Zoning The system of laws in the United States is based on the premise that most of the time, the vast majority of people conduct their lives in a reasonable manner. For traffic regulations, this means that most of the time, the majority of motorists drive safely and sensibly. Further, the evidence suggests that speed limit laws that arbitrarily, unreasonably, or unjustifiably restrict the majority of drivers encourage wholesale violations, lack of public support, and usually fail to bring about the desired changes in driving behavior. By contrast, reasonable and well- recognized speed laws are useful to law enforcement agencies to control the unreasonable violator, whose behavior is unsafe and out of line with that of most motorists. The rationale for speed zoning is also based on the following fundamental concepts, which are deeply rooted in our system of government and law: • The normally careful and competent actions of a responsible person should be considered legal. • Laws are established for the protection of the public and the regulation of unreasonable behavior by the individual. • Laws cannot be effectively enforced unless the majority of people voluntarily consent to and comply with them. In general, most people accept, understand, and follow these concepts. But, as mentioned earlier, when confronted by local traffic challenges —an increase in traffic volumes or the frequency or severity of car crashes in a particular area, for example — people often reject these concepts and rely instead on a number of widely held misconceptions, such as: • Lowering a posted speed limit will reduce traffic speeds. • Raising a posted speed limit will increase traffic speeds. • Lower speed limits will reduce the rate of crashes and increase safety. • Any posted speed limit is safer than an unposted speed limit. In fact, these commonsense notions are not supported by studies, which consistently demonstrate that: • The speed of traffic does not change significantly after new or revised speed limits are posted. • There is no direct relationship between posted speed limits and the frequency of traffic crashes. 0 2016- 06 -14 flgenda- Packet Page 60 Why Are Effective Speed Limits Desirable? Effective speed limits are important for a number of reasons: • They satisfy the requirements of state law for establishing prima facie speed limits (see the definition below) on public streets and highways. • They invite public compliance because they conform to the behavior of the majority of drivers and give a clear reminder to nonconforming violators. • They provide law enforcement agencies with an effective tool to separate the occasional violator from the safe and reasonable driving majority. • They help minimize public antagonism toward enforcement of perceived "unreasonable" regulations. • They are based on logic, reason, and proven safety research rather than on arbitrary, emotional, or politically driven motives. • They lend credence and acceptability to the widely posted admonition "Speed Laws Strictly En•forced." Where Do Effective Speed Limits Apply? The basic purpose of speed zoning is to influence motorists to drive at about the same speed as other cars on the road. This helps keep traffic flowing smoothly and reduces the conflicts that occur when people drive at widely varying speeds, which often results in traffic crashes caused by unsafe lane changes, tailgating, and other hazardous driving maneuvers. In general, speed zoning is most effective when it's applied to: • Streets, roads, and highways that carry high volumes of traffic. • Transitions from rural to urban conditions on major highways, and from commercial to residential areas within urban environments. Such areas usually require "reminder" posting, making motorists aware that they've moved into a different driving environment. • Areas with a high number of speed -- related collisions or unusual enforcement problems. 5 ....... 2ti16 -06-' 4 Agenda Pack6tf VEHICLE SPEED SURVEY SHEET sTREEr.- pArE•�__�._ � -_ -.- LOCATION: WEATHER:_ RECORDER; BEGIN FIhFEi FN4TiME:�,,,___,__.� PDSTEb Spew ZONE: HOPDTYPE• ..__...._.__ OfRFCIION: MPH 5 IQ l5 W 25 1 PAR WEA WTOA cUMfilN es 60 ss �o 45 w as so 25 20 ,5 TOTALNUMUEPWI*CCN FW AVERAGE SPinEU: _ PACE SPEF1y _ _ 85TH PEHCENTiI.E (CRITSCAE) SPEFD:•____ „_, IN F'ACE' OTHRR CONSIDEARPONS ACCIDENT UNUSUALCONDITiONS�_`__�� „_..__... SIGNED• DATE• TIME: Page 61 Location Engineering and Traffic Surrey To be effective, speed zoning must be based on engineer- ing and traffic surveys, which the CVC defines as surveys of "highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities." Such surveys include, but are not be limited to: ® Prevailing speeds as determined by traffic - engineering measurements • Traffic crash records Highway, traffic and roadside conditions not readily apparent to the driver However, before researchers begin to collect field data, they need to address the following matters. On a small scale map of the street or roadway to be surveyed, choose enough speed check sites to make sure you get a representative sample of differing traffic conditions. In urban and suburban areas, measurements are typically made at half -mile intervals or at locations where traffic and roadway characteristics change. Be sure to pick site locations that are far enough away from stop signs, traffic signals, or anything else that would interrupt the flow of traffic; such elements significantly affect traffic speed. In general, checking traffic speeds midblock On a residential area) or midway between intersections (on a roadway) will produce accurate speed samples. Equipment Field survey equipment typically consists of speed survey sheets and a speed measuring device (usually radar) in an unmarked vehicle. Other tools include a stopwatch, a "ball -bank" indicator for establishing advisory speeds on horizontal curves, a measuring wheel for determining sight distances, a camera, and a manual counter for recording pedestrian movements and the density of roadside development. Personnel Normally, one person can complete a field survey. However, under busy urban conditions it's useful to assign an observer and a recorder to make sure that you accurately measure prevailing speeds and take note of roadway and roadside conditions. Time of Day The reason for posting speed limits is to advise motorists of safe driving speeds during normal driving conditions, so it's best to measure prevailing traffic speeds during off -peak hours, when traffic is most likely to be free- flowing. For purposes of comparison, you might also decide to measure speeds during peals hours. Positioning the Speed Measuring Device Locate the speed measuring device as inconspicuously as possible to avoid adversely affecting the normal flow of traffic. Position radar antennas at an angle of not greater than 15 degrees to the centerline of the roadway, about three feet above the surface. In this position, the device wil I measure speeds in either direction or in adjacent lanes. Record the speed and direction of traffic on vehicle speed survey sheets. Sample Size Performing 100 (but no fewer than 50) properly selected observations of prevailing traffic speeds is usually sufficient to ensure accuracy within the normal capability of the measuring device. On multi- lane streets (divided or undivided), record separate samples for each direction of travel. IN . -. '.......... _ ....,. _. 2016' -"06_ 4 i�gerida packet ` .., ;... ;. ... , Page 63 Observing and Measuring Prevailing Speeds Collecting accurate data is very important and requires considerable care. To adequately deal with the many variables involved in data collection and to avoid potential sources of bias, be sure to assign trained observers who can select vehicles on a truly random basis. Errors that commonly lead to biased results, and ways to eliminate them, include: ® Selecting the vehicle in a platoon of traffic If you encounter platooned traffic, select vehicles from varying positions in the platoons. However, densely packed traffic may make it impossible to gather the information needed for an accurate survey. • Selecting too large a proportion of trucks Record the speed of about the same percentage of trucks in the sample as exists in the traffic stream. Selecting too large a proportion of higher -speed vehicles Untrained observers often avoid recording vehicles traveling at normal speeds and instead focus on "catching" the occasional high -speed vehicle, Avoid this practice because it biases results toward the upper speed ranges, inventory of Crash Records Accurate engineering and traffic surveys incorporate the crash records from the most recent two -year traffic collision history for the roadway being surveyed. If you observe a concentration of reported crashes or a crash rate that's significantly higher than normal for the type of roadway being studied, create a detailed crash analysis, which would typically include a collision diagram forthe route or for specific locations on the route. This enables you to adequately consider other corrective measures, including a greater emphasis on traffic enforcement, as well as whether creating a speed zone is ultimately a feasible idea. Inventory of Road Conditions This final phase of the survey consists of reviewing the physical characteristics of the roadway and adjacent development. it's especially important to identify conditions that aren't readily apparent to motorists, such as those identified in the CA MUTC©. For city and county roads, summarize the results on the vehicle speed survey sheet. For state highways and roadways with abnormally high crash rates, use the speed zone survey sheet to document all pertinent data and to facilitate the analysis process. [us 2016 -06 -14 Agenda Packet : ; -.Pag ..,e, "64 Critical (85th percentile) Speed Analyzing Speed Survey Field Data In selecting a reasonable speed limit, it's important to consider two char- acteristics developed frorn prevailing speed data; the critical (85th percentile) speed and the pace. The critical speed is the speed at or below which 85 percent of traffic is moving. The critical speed can be determined directly from the vehicle speed survey sheet. From the top speed, count the number of vehicles equaling 15 percent of the total number of vehicles observed. In the example shown on page 12, 15 percent of the 100 vehicles observed (that is, 15 vehicles) were traveling at 40 mph or more; the 85th percentile speed was therefore 40 mph. The 85th percentile speed is usually within 2 mph of the upper limit of the pace. This can be compared on the cumulative speed curve,-which presents a measure of the validity of the field data or the presence of an abnormal bias. Pace The pace is defined as the 10 mph range of vehicle speeds containing the largest number of observed vehicles travelling within that range. This figure can usually be determined by visually inspecting the vehicle speed survey sheet. After you determine the pace, compute the percentage of vehicles in the pace, over the pace, and under the pace. A normal speed distribution will contain approximately 70 percent of the sample within the pace, with 15 percent above the pace and 15 percent below. The 85th percentile speed is the single characteristic that most nearly conforms to a safe and reasonable speed limit. Speed limits set higher than the critical speed will male only a few additional drivers "legal" for each 5 mph that the posted speed limit is increased. However, speed limits set lowerthan the critical speed will make a large number of reasonable drivers "illegal" for each 5 mph increment that the posted speed is reduced. For example, results from speed surveys show that an increase of 5 mph from the 40 mph 85th percentile speed would "legalize" only an additional 10 percent of the sampled traffic, whereas a decrease of 5 mph would make "violators" of an additional 28 percent of the sampled traffic. Z�1 & =ti6''i llgeriila Paclte£ .- : :..; gage 65 m on , U) z 0— 70 60 o ' 50 0 I LL O 40 z Lu 30 Lu a� 20 10 CUMULATIVE SPEED CURVJ MEDIAN SPEED34,4 MPH 90 MPH PACE CRITICAL SPEED (85%) 40.0 MPH 0 20 40 60 SPEED (MPH) LOCATION TIME TO DIRECTION PRESENT SIGNED ZONE MPH DATE NUMBER OF VEHICLES 100 12 2016 -06 -14 Agenda Packet Current California law regarding setting speed limits, as defined by the CVC and the CA MUTCQ, requires the following: ® To establish a posted speed limit, the 85th percentile speed shall be rounded to the nearest 5 mph increment, ® If there are conditions "not readily apparent" to drivers, the posted speed limit might be lowered by 5 mph, with complete and concise documentation explaining the "not readily apparent" conditions. In cases where the 85th percentile speed is rounded to the farthest 5 mph increment (a lower 5 mph) instead of the nearest 5 mph (the higher 5 mph), no further reduction in the posted speed limit is allowed, regardless of any other existing conditions. ® The State Legislature has specifically prohibited using roadway features that are readily apparent to drivers as justifications for artificially lowering posted speed limits, because drivers can see these conditions and adjust their speeds accordingly. The CVC specifically clarifies that: °!t is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver in the absence of other factors, would not require special downward speed zoning.,' 13 g b7 Final Considerations As a final aid to establishing effective speed zones, keep the following considerations in mind: Intermediate speed limits are appropriate for through routes, which have the positive intersection controls, signing, striping, and markings necessary to accommodate sizable volumes of traffic from outside the immediate neighborhood. ® Unusually short zones —less than a half -mile in length — should not be considered for speed zoning. ® Speed zone changes should be coordinated with visible changes in roadway conditions or roadside development. ® Change in speed zones should normally be kept at 5 mph increments. In some areas, 10 mph changes might be necessary and acceptable, if this is the case, adequate advance warning signs informing motorists of such changes should be installed. 14 2016 -06 -14 Agenda Packet :.. ;_.,.. _.- .,..- .,:,....,,.._,, w......, :page 6E MYTH: Establishing speed limits on California roads and streets is regulated by the state with little local control and input. FACT Although there are time- tested statewide and national standards to regulate the posting of speed limits on certain roads and streets, substantial flexibility in those standards exists for local agencies to post speed limits that are appropriate for and adjusted to the local conditions, while preserving the reasonable expectations of all drivers using those roads. Some of these include: • Specific allowances for a 5 mph reduction to the recommended posted speed limit for conditions not readily apparent to drivers, such as crash history, roadside conditions, and the higher -than- normal presence of bicycle and pedestrian traffic, equestrian traffic, etc, (California Vehicle Code section 22358.5). • Streets in a residential or business district are exempt from the uniform state standards if they are posted at the statutory prima facie limit (that is, 25 mph). [CVC section 22352 (2)(A)]. Any street that is not on the maps submitted by a local agency to the Federal Highway Administration and meets the following criteria is exempt from compliance with the uniform state standards: 1. Roadway width of not more than 40 feet 2. No more than a half -mile of uninterrupted length (examples of interruptions are signals and stop signs). 3. No more than one traffic lane in each direction. [California Vehicle Code section 40802 (b)(1)] MYTH: Simply reducing the speed limit an a particular street will slow the speed of traffic. FACT: Before -and -after studies have consistently demonstrated that there are no significant changes in traffic speeds following posting of new or revised speed limits. The studies have concluded that: 1, A lower posted speed limit has a very minor statistical impact on the driving behavior of most motorists, but from a practical standpoint there is no noticeable reduction in speeds, and no real change in the rate of speed - related traffic crashes, 2. The data show that to achieve a minor reduction of 3--4 mph in prevailing speeds on a roadway, the posted speed limit would need to be lowered to the point that it would make the overwhelming majority of drivers in violation of the law as they would simply continue driving at prudent speeds for the roadway conditions. This would make a practical level of enforcement rather impossible and the posted speed limit would effectively become useless_ 3. Posted speed limits must be based on the rational behavior of the majority of drivers using a roadway The rational method of speed zoning promotes respect for the law and mirrors what the majority of public considers acceptable behavior on our highways. MYTH - Posting lower speed limits will decrease the crash rate and increase safety. FACT Artificially lowered speed limits have minimal, if any, impact on driver behavior and no effect on improving traffic safety. In fact, the difference in the rate of speed between the few drivers who strictly observe artificially low posted speed limits and most who drive at a more natural speed for the road conditions creates a dangerous speed disparity dynamic that causes crashes and endangers all drivers using the roadway. 15 :.'Z(Yi�= �'6' =44 Agenda�dClkef..:.•.. ,: ....... .. .. ....... ...... .:.... :..Page'69 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON BONITA ROAD BETWEEN WILLOW STREET AND EASTERLY CITY LIMIT FROM 35 MPH TO 40 MPH, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (FIRST READING) WHEREAS, City staff completed Engineering and Traffic Survey (E &TS) for Bonita Road between Willow Street and Easterly City Limit in accordance with the California Vehicle Code, which indicates that the posting of speed limits be determined by an E &TS for each street with a posted speed limit within the City; and WHEREAS, as described in the California Vehicle Code, the E &TS shall include 1) Prevailing speeds as determined by traffic engineering measurements; 2) Accident records; and 3) Traffic /roadside conditions not readily apparent to the driver; and WHEREAS, the Manual on Uniform Traffic Control Devices (MUTCD) states that the speed limit shall be established at the nearest 5mph increment of the 85th percentile speed; and WHEREAS, based on the 85th percentile speed of the roadway, as well as other roadway characteristics outlined in the E &TS, staff has determined that the speed limit on Bonita Road should be increased to 40 mph from Willow Street to Easterly City Limit; and WHEREAS, on February 3, 2016, the City of Chula Vista Safety Commission concurred with staff's recommendation that the speed limit on Bonita Road between Willow Street and Easterly City Limit should be 40 mph; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: L ESTABLISH SPEED LIMIT That the speed limit on Bonita Road between Willow Street and Easterly City Limit and Schedule X of the register maintained in the office of the City Engineer be amended to reflect the revised speed limit as follows: 2016 -06 -14 Agenda Packet Page 71 Ordinance No. Page 2 10.48.020 Schedule X — Established Speed Limits in Certain Zones — Designated Name of Street Beginning At Ending At Proposed Speed Limit Bonita Road Willow Street Easterly City Limit 40 mph IL EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2016 -06 -14 Agenda Packet Page 72 Sheree Kansas J'N A10. 1 Subject: FW: Proposed change in speed limit for Bonita Road From: Steve Ferriot Sent: Monday, June 06, 2016 4:06 PM To: Mary Salas; Steve Miesen; Patricia Aguilar; Pamela Bensoussan Cc: Tom Money Subject: Proposed change in speed limit for Bonita Road Dear city officials: I was shocked and dismayed to learn of the staff recommendation to increase the speed limit in the business district of Bonita. I have lived and maintained my dental practice in Bonita since 1974. Over all of these years, as one would expect, the traffic counts through the business district have increased many times over. A large number of curb cuts exist on both sides of the road, giving ingress and egress to business and residential traffic. Often times motorists must almost come to a complete stop exiting the road, due to exiting traffic and/or the sharpness of the turn or steepness of the curb cut. I routinely see pedestrians, some of whom are disabled and in wheelchairs, some of whom are young students walking or on bicycles, crossing Bonita Road at Allen School Lane and at Otay Lakes Road. Drivers entering the business district eastbound from I -805 approach the intersection of Bonita Road and Willow Street at a high rate of speed, having left a 50 mph zone. Invariably they seem unaware that they are entering a highly congested business district which requires them to slow to a more reasonable 30 -35 mph speed. Knowing human nature and the insatiable desire to drive as fast as possible, motorists tend to drive at -10 mph FASTER than the posted limit. I foresee a dramatic increase in potentially serious, and possibly fatal, accidents should this increase in speed limit be approved. In my opinion, the speed limit through the business district should be LOWERED, perhaps to the 25 -30 mph limit currently in existence in the 3rd Ave. business district of downtown Chula Vista. PLEASE defeat this recommendation and introduce appropriate safeguards for all-of our citizens who travel Bonita Road. Sincerely, Steven H. Ferriot, D. D. S. 2016- 06 -14- Agenda Packet Page 73 File #: 16 -0056, Item #: 5 City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, SAN DIEGO COUNTY SANITATION DISTRICT, AND THE COUNTY OF SAN DIEGO FOR RESERVING WASTEWATER TRANSPORTATION CAPACITY RIGHTS IN THE SALT CREEK INTERCEPTOR SEWER RECOMMENDED ACTION Council adopt the resolution. SUMMARY This Agreement is entered into between the City of Chula Vista, a municipal corporation (City); the San Diego County Sanitation District, an independent sewer district formed and operating under the County Sanitation District Act, Health & Safety Code section 4700, et seq. (District); and the County of San Diego, a political subdivision of the State of California (County). This agreement will reserve capacity rights of one million gallon per day (mgd) for the District and equitable allocation for the maintenance, operation, Development Impact Fee, and capital replacement costs for the Salt Creek Interceptor Sewer. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD /COMMISSION RECOMMENDATION Not applicable DISCUSSION Salt Creek Trunk Sewer Transportation Agreement City owns, operates and maintains the Salt Creek Sewer Interceptor System (City System) for the purpose of collecting and transporting sewage from properties located in the Otay Basin to the City of San Diego's Metropolitan Sewerage System (Metro System) for treatment and disposal. Within the City System is a primary trunk sewer known as the Salt Creek Interceptor (Interceptor Sewer) which is an approximately 13.25 mile segment located within the Otay Basin that runs from the intersection of Proctor Valley Road and Hunte Parkway in the City of Chula Vista, to a point of connection with the Metro System located near the junction of Main Street and Interstate 5. City of Chula Vista 2016 -06 -14 Agenda Packet Page 1 of 4 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 74 File #: 16 -0056, Item #: 5 In October 1993, the City and County jointly adopted the Otay Ranch General Development Plan /Subregional Plan (DP /SRP) which provided for the development of Otay Ranch as a series of village and planning areas. Otay Ranch Villages 13 and 14, and Planning Areas 16, 17, and 19 (Villages) as identified in the GDP /SRP are located in portions of the unincorporated County to the east of City's boundaries. The District is empowered by Health and Safety Code Section 4843 to enter into this agreement with the City to provide for the transportation of sewage from the Villages to the Metro System using the Interceptor Sewer. Subsequent to execution of this agreement, the District will seek to annex (via LAFCO) the Villages into the District's territory. The City and District are parties to the "Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System" (Regional Wastewater Disposal Agreement) filed on May 18, 1998 as Document No. 00 -18517 with the City Clerk of the City of San Diego. In accordance with the Regional Wastewater Disposal Agreement, the City and District have the right to discharge wastewater up to established limits into the Metro System, hereinafter referred to as "Metro Capacity Rights ". The City and District agreed that: 1) all sewage originating in the City or from territory within the City's sphere of influence which is ultimately discharged into the Metro System through the Interceptor Sewer shall be charged against the City's Metro Capacity Rights and that 2) all sewage discharged into the Interceptor Sewer from territory served by the District shall be charged against District's Metro Capacity Rights. The primary purposes of this agreement are to: 1) establish the rights, privileges and duties of the parties concerning the use of the Salt Creek Interceptor by the District; 2) allow for the construction and maintenance of connections to the Interceptor Sewer by District; 3) specify the area within the District to be served by the Interceptor Sewer; 4) set standards regarding waste characteristics; 5) establish lease, fees and charges and the methods for determining them; and 6) establish discharge capacity limitations consistent with the Regional Wastewater Disposal Agreement for each agency. District has conducted a wastewater system analysis to evaluate the impacts of additional flows from the Villages (Study), to the satisfaction of the City, which verified that adequate capacity is available in the City's Sewerage System to convey up to 870,000 gallons per day of wastewater generated within the Villages. The Study determined that discharges from the Villages of between 870,000 gallons per day and 1,000,000 gallons per day may result in impacts to the City's Sewerage System. District shall have the right to discharge additional flows into the Interceptor Sewer in excess of 870,000 up to 1,000,000 gallons per day; provided, impacted facilities are improved or caused to be improved by District in a manner that supplies the needed capacity to the satisfaction of the City. District shall not allow flows into the Interceptor Sewer that exceed the capacity limit. District shall operate, maintain, manage and control the flow monitoring device(s) installed to monitor its flows into the Interceptor Sewer in an efficient and economical manner and preserve them in good repair and working order, all in accordance with recognized and sound engineering practices. The Interceptor Sewer shall be maintained by City in good working order in accordance with sound engineering practices. Keeping the Interceptor Sewer in good working order requires routine cleaning and inspection; minor repairs, replacements, and reconstruction; as well as unanticipated minor emergency work. These City activities are considered Operation and Maintenance (O &M) expenses shall be included in the Transportation Charge. City of Chula Vista Page 2 of 4 Printed on 6/9/2016 ow[; 2016-06-14 Agenda Packet �[;[� by [; Page 75 File #: 16 -0056, Item #: 5 Transportation charges are used to proportionately allocate the O &M and associated administration and overhead charges to those using the Interceptor Sewer. The transportation charge shall be equal to the unit transportation rate charged by the City of San Diego to those signatories of the Regional Wastewater Disposal Agreement that transport sewage through the City of San Diego Municipal Sewerage System. At such times that the City of San Diego adjusts the unit transportation rate, the rate under this agreement shall be adjusted automatically, with no amendment to this agreement or action of the parties hereto, such that it remains equal to that rate charged by the City of San Diego. The District will also be responsible for Capital Improvement Project (CIP) costs which are separate and distinct from the Transportation Charges. City and District are obligated to pay for capital improvement projects for the Interceptor Sewer that are needed to maintain existing capacity requirements or to provide new capacity. The decision whether or not to construct a capital improvement project shall be at the sole discretion of City. City will charge District for its proportionate share of CIP cost based on the District's percentage of flow in the particular "segment" of City sewer pipe being improved. The costs associated with any improvements for additional capacity to accommodate growth will only be charged to that agency requiring the additional capacity. The City shall annually adjust and recalculate as appropriate, the proportionate flow percentage of each agency utilizing Interceptor Sewer segments. Future CIP charges applied to the District shall be based on the annually adjusted /updated flow percentages. The City, County and the District deem it mutually desirable and advantageous for the City to allow the District to discharge sewage into the Interceptor Sewer under the terms, conditions, and restrictions set forth in the attached agreement. The agreement is limited to 15 years, the lease should automatically be extended upon written notice from the City, such that this total Agreement term is coterminous with the Metro Agreement. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that, Council Member John McCann has real property holdings within 500 feet of the boundaries of the Salt Creek Interceptor Sewer basin which is the subject of this action. However, to the extent that any decision would have a reasonably foreseeable financial effect on the member's real property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property- related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by Council member John McCann, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This project supports City of Chula Vista Page 3 of 4 Printed on 6/9/2016 ow[; 2016-06-14 Agenda Packet �[;[� by [; Page 76 File #: 16 -0056, Item #: 5 the City's Strategic Plan goals. The Economic Vitality is supported by generating new property taxes. The Healthy Community is supported by walkable community design. The Strong and Secure Neighborhoods goal is supported by sustainable infrastructure as detailed in the Otay Ranch Village 13 SPA plan. CURRENT YEAR FISCAL IMPACT Approval of the Resolution will result in no current impact to the Development Impact Fee or Sewer Funds. ONGOING FISCAL IMPACT The District shall pay the City all pertinent fees including Development Impact Fees and connection fees as required by the City at the time of building permit issuance. The District shall also pay the City a proportionate share of operation, maintenance and future capital replacement costs of the Interceptor Sewer based on the amount of sewage discharged into the City's Interceptor Sewer from District's connections to the total amount of sewage discharged from City's Interceptor Sewer into the Metro at the time when said capital replacement are needed. ATTACHMENTS Attachment No. 1: Salt Creek Interceptor Sewer Map Attachment No. 2: Agreement between City of Chula Vista, San Diego County Sanitation District, and the County of San Diego County for Reserving Wastewater Transportation Capacity Rights in the Salt Creek Interceptor Sewer City of Chula Vista 2016 -06 -14 Agenda Packet Page 4 of 4 Printed on 6/9/2016 powoi[xi by I ogiFfl ar nvl Page 77 l("�q --Oos& THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITE' COUNCIL Ien R. 06ogins City Attorney Dated: z`S SEWAGE TRANSPORTATION AGREEMENT BETWEEN SAN DIEGO COUNTY SANITATION, THE COUNTY OF SAN DIEGO, AND THE CITY OF CHULA VISTA FOR THE SALT CREEK SEWER INTERCEPTOR 2016 -06 -14 Agenda Packet Page 79 SEWAGE TRANSPORTATION AGREEMENT FOR SALT CREEK INTERCEPTOR SEWER City of Chula Vista, San Diego County Sanitation District, and the County of San Diego May 2016 2016 -06 -14 Agenda Packet Page 80 THIS SEWAGE TRANSPORTATION AGREEMENT FOR THE SALT CREEK SEWER INTERCEPTOR is made and entered into by and between the San Diego County Sanitation District, an independent sewer district formed and operating under the County Sanitation District Act, Health & Safety Code section 4700, et seq. ( "District "), the County of San Diego, a political subdivision of the State of California ( "County "), and the City of Chula Vista, a municipal corporation ( "City "). RECITALS A. City owns, operates and maintains the Salt Creek Sewer Interceptor System ( "City System ") for the purpose of collecting and transporting sewage from properties located in the Otay Basin to the City of San Diego's Metropolitan Sewerage System (hereinafter "Metro System ") for treatment and disposal. Within the City System is a primary trunk sewer known as the Salt Creek Interceptor (hereinafter referred to as the "Interceptor Sewer ") which is an approximate 13.25 mile segment located within the Otay Basin that runs from the intersection of Proctor Valley Road and Hunte Parkway in the City of Chula Vista, to a point of connection with the Metro System located near the junction of Main Street and Interstate 5. B. In October 1993, the City and County jointly adopted the Otay Ranch General Development Plan/Subregional Plan ( "GDP /SRP ") which provided for the development of Otay Ranch as a series of village and planning areas. Otay Ranch Villages 13 and 14, and Planning Areas 16, 17, and 19 ( "Villages ") as identified in the GDP /SRP are located in portions of the unincorporated County to the east of City boundaries. C. The District is empowered by Health and Safety Code Section 4843 to enter into this agreement with the City to provide for the transportation of sewage from the Villages to the Metro System using the City System. Subsequent to execution of this agreement, the District will seek to annex (via LAFCO) the Villages into the District's territory. D. The City and District are parties to the "Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System" filed on May 18, 1998, as Document No. 00 -18517 with the City Clerk of the City of San Diego (hereinafter "Regional Wastewater Disposal Agreement "). In accordance with the Regional Wastewater Disposal Agreement, the City and District have the right to discharge wastewater up to established limits into the Metro System, hereinafter referred to as "Metro Capacity Rights ". The City and District are agreed in that: 1) all sewage originating in the City or from territory within the City's sphere of influence which is ultimately discharged into the Metro System through the City System shall be charged against the City's Metro Capacity Rights and that 2) all sewage discharged into the Interceptor Sewer from territory served by the District shall be charged against District's Metro Capacity Rights. E. The primary purposes of this agreement are to: 1) establish the rights, privileges and duties of the parties concerning the use of the Salt Creek Interceptor by the District; 2) allow for the construction and maintenance of connections to the Interceptor Sewer by District; 3) specify the area within the District to be served by the Interceptor Sewer; 4) Sewage Transportation Agreement Page 1 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 81 set standards regarding waste characteristics; 5) establish lease, fees and charges and the methods for determining them; and 6) establish discharge capacity limitations consistent with the Regional Wastewater Disposal Agreement for each agency. AGREEMENT NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, City, County and District agree as follows: ARTICLE 1 - DEFINITIONS The singular of each defined term includes the plural. For the purposes of this agreement, the following definitions apply: Authorized AgencX means a municipality, district, or agency which has been authorized by City to discharge sewage into the City Sewerage System pursuant to sewage transportation agreement(s) with the City. City Sewerage System means City's wastewater collection system, which consists of pipelines and pump stations that collect wastewater within the Otay Basin and convey it to the Metropolitan Sewerage System for treatment and disposal via the City's Interceptor Sewer. City Sewerage Svstem Facility means each element of the City Sewerage System used or useful for the transportation of sewage, including but not limited to: transmission lines; force mains; trunk sewers; interceptors; and pump stations. Available Capacity means the transportation capacity in the City Sewerage System made available to District to serve the District Tributary in accordance with Article 3 of this agreement. Best Management Practices means an engineered structure, management activity, or combination thereof, that eliminates or reduces an adverse environmental effect of a pollutant. Capital Improvement Proiect (herein referred to as "CLO means those items and activities required by sound engineering and best management practices, including but not limited to acquisition, planning, design, financing, and construction, for any one or more of the following purposes: 1) to alter, change or modify the hydraulic capacity of any part or whole of the City Sewerage System; 2) to improve the function and performance of any part or whole of any portion of the City Sewerage System; 3) to add new facilities to the City Sewerage System for the purpose of altering, changing, or modifying the hydraulic capacity, or improving the function and performance of the system; or 4) to perform a major repair or major replacement of any existing City Sewerage System facilities. Capital Improvement Proiect Cost means costs associated with a Capital Improvement Project. Capacity Limitations means the amount of sewage allowed under this agreement to discharge into those portions of the City Sewerage System, up to the limits set forth in Article 3 of this Sewage Transportation Agreement Page 2 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 82 agreement. These limitations are separate and distinct from Metro Capacity Rights as referenced in the Regional Wastewater Disposal Agreement. Coun means the County of San Diego, a political subdivision of the State of California. Design Capacity means the maximum flow which can be conveyed through a pipe segment when the ratio of depth of the flow to the diameter of the pipe segment (d /D) equals 75% for pipe segment 18 inches or greater, or 50 % for pipe segment 15 inches or smaller. In the case of a pump station, design capacity means the maximum flow that can be pumped using the main pumps, excluding the backup pumping capacity. District's Tributary means District areas where wastewater flows are conveyed to the City Sewerage System, and measured using either flow meters or house -count areas. The authorized District's Tributary further described in Article 2 and Exhibit A is conveyed to the Metropolitan Sewerage System for treatment and disposal via the City's Interceptor Sewer. Fiscal Year means the period from July 1 through June 30. Flow means the amount of wastewater produced by customers, and including inflow and infiltration, which is discharged into the City Sewerage System by District. Flow may be expressed in million gallons per day (MGD). Infiltration means water other than wastewater produced by customers that enters a sewerage system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections or manhole structures (excluding the manhole cover). Infiltration does not include, and is distinguished from, Inflow. Lnj7ow means water other than wastewater produced by customers that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, Infiltration. Interceptor Sewer means that portion of the City Sewage System, commonly referred to as the Salt Creek Interceptor, that consists of an approximate 13.25 mile segment located within the Otay Basin that runs from the intersection of Proctor Valley Road and Hunte Parkway in the City of Chula Vista, to a point of connection with the Metro System located near the junction of Main Street and Interstate 5. LAFCO means the San Diego Local Agency Formation Commission. Metropolitan Sewerage System (previously defined as the Metro System) means those City of San Diego facilities and contract rights to facilities which are described in the Regional Wastewater Disposal Agreement, as may be amended. Sewage Transportation Agreement Page 3 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 83 Operation and Maintenance (herein referred to as "O&M ") means those items and activities required by sound engineering and best management practices to maintain the hydraulic capacity, function, and performance of the City Sewerage System or Metro System. Operation and Maintenance Costs means the costs of operation and maintenance including, but not limited to, annual costs associated with administration, operation, maintenance, replacement (non -CIP), annual premiums, claims payments and claims administration, and overhead. Otay Ranch Village Sewer System (sometimes referred to herein as the ORVSS) means the District's wastewater collection system to be built and owned by District for the purposes of collecting wastewater within the Villages, as more particularly detailed in Exhibit A, that conveys or may convey sewage to the Metropolitan Sewerage System for treatment and disposal via the City's Interceptor Sewer. Parties means City, District, and County. Regional Wastewater Disposal Agreement means the "Regional Wastewater Disposal Agreement between San Diego and the Participating Agencies in the Metropolitan Sewerage System," Document No. 00- 18417, filed May 18, 1998, with the Clerk for the City of San Diego as may be amended. Sewage means wastewater and its commonly constituent substances. Sewage Transportation Service means the transportation of sewage from the point of discharge into the City Sewerage System to the Metropolitan Sewerage System. Transportation Charge means the amount paid to the City for transportation of District's flow in the City Sewerage System. This charge includes Operation and Maintenance costs but does not include Capital Improvement Project costs. Unit Transportation Rate means the amount per unit distance (mile) of length of gravity sewer charged for sewage transportation service. Villages means the unincorporated areas including Otay Ranch Villages 13 and 14, and Planning Areas 16, 17, and 19 as shown on Exhibit A hereto. ARTICLE 2 - OWNERSHIP AND OPERATION OF THE CITY SEWERAGE SYSTEM 2.1 Right to Use. This agreement provides District with a contractual right to use the Interceptor Sewer included within the City Sewerage System. All decisions with respect to the planning, design, construction, operation and maintenance of the City Sewerage System shall rest with the City. If District's contractual right to use the Interceptor Sewer is adversely impacted by the planning, design, construction, operation and maintenance of any part of City Sewerage System, District shall have the right to review and comment on these issues prior to any modifications to the subject portions of the City Sewerage System. Sewage Transportation Agreement City of Chula Vista Page 4 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 84 However, District shall only have a contractual right to use the Interceptor Sewer as set forth in this agreement. 2.1.1 Mapped Service Area. The District Tributary area mapped on Exhibit A shall be the only District area served by connections to the Interceptor Sewer. In no event shall District allow areas not depicted on Exhibit A to be served using the Interceptor Sewer. Subject to the limitations hereinafter set forth, the District may request expansion of the area served. Expansion of the area served (District's Tributary) may be accommodated by the City as long as there is sufficient capacity and the additional flow will not impair the usefulness, as reasonably determined by the City, of the Interceptor Sewer. Expansion of the District's Tributary would require amendment of this agreement, as well as production of amended Exhibits. a. Area to be Served. Only those areas within the District's Tributary as shown on Exhibit A, as amended from time to time, and located within the District or annexed to the District by LAFCO action, shall be eligible to be served by City's Interceptor Sewer. Notwithstanding the foregoing, the City may temporarily serve areas outside District boundaries but within the District's sphere of influence or for other purposes within the scope of California Government Code section 56133 as the same may be amended from time to time. Temporary service shall be subject to the prior written approval of the City's Engineer, which approval shall specify the area and duration of the temporary service. 2.1.2 Change in Ownership. Subject to the terms of this agreement, and in conformance with all applicable laws, City may transfer ownership of all or part of the City Sewerage System at any time. City shall not transfer or agree to transfer any part of the Interceptor Sewer transporting sewage from the District Tributary without reserving District's rights granted by this agreement. In the event of a transfer, City's successor(s) in interest shall be bound by the terms of this agreement. 2.1.3 Assignment of Rights. Subject to the terms of this agreement, District may transfer or assign its rights and obligations under this agreement. Any such transfer must first, however, be approved in writing by City's Engineer. District may not transfer its rights if City determines, after consultation with District, that the proposed transfer will adversely impact City's ability to operate the City Sewerage System or violate or potentially violate the Regional Wastewater Disposal Agreement. 2.2 Duties of City. City shall operate and maintain the Interceptor Sewer in an efficient and economical manner, and maintain it in good repair and working order, all in accordance with recognized sound engineering and best management practices. City shall comply with all applicable laws, rules and regulations. 2.3 Duties of District. District shall maintain connections and discharge sewer flows into the Interceptor Sewer in accordance with this agreement, the Regional Wastewater Disposal Agreement, City ordinances, resolutions, rules and regulations, and all applicable State and Sewage Transportation Agreement City of Chula Vista Page 5 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 85 federal laws, rules, and regulations. Continued District connection and use of the Interceptor Sewer shall be subject to the following: 2.3.1 Connections. District, at its sole expense, shall construct, install, maintain, repair, replace and reconstruct all connections and appurtenances to the Interceptor Sewer installed or constructed by District under the terms of this agreement. The location, installation, construction, repair (except emergency repairs, which following the resolution of the emergency, shall be made to conform to City standards), replacement and reconstruction of each and every such connection and appurtenance shall be in accordance with City design standards, Standard Specifications and San Diego County Regional Standard Drawings. City shall not unreasonably condition or delay any necessary permits, access, and easements for the construction, maintenance, and operation of improvements within the City necessary for conveyance of sewer flows from the Villages to connections to the City Sewerage System. 2.3.2 Traps and Dissipaters. After consultation with City, District may be required to install "filters" such as screens, debris traps or energy dissipaters at or near sites connecting to the Interceptor Sewer. When required, City shall request the installation in writing and allow a minimum of 120 days for installation after the initial request is made. Installation of filters including planning, design, construction, operation and maintenance will be the sole responsibility of the District. 2.3.3 Odor Control. If City determines that flow from District is causing unreasonably high concentrations of hydrogen sulfide gas in the Interceptor Sewer, or is a source of unreasonably noxious odors, District shall take reasonable steps within the District sewer system to eliminate such concerns, such as pre- treating the flow with chemicals to reduce the formation of hydrogen sulfide. 2.3.4 Pump Station Operation. The District shall design and operate pump stations within the ORVSS so as not to impact the City sewerage system from excessive pumped flow rates or turbulent hydraulic conditions. To the extent that City determines that the flow rates are excessive or create turbulent hydraulic conditions, the District shall make such changes necessary to reduce the impact to a level acceptable to the City. 2.3.5 Limitations on Type and Condition of Sewage. District shall not discharge or allow to be discharged, any sewage or wastes into the Interceptor Sewer which do not meet the standards established by City ordinances, resolutions, rules and regulations and the Regional Wastewater Disposal Agreement. District shall also comply with all applicable statutes, rules and regulations of all agencies of the United States of America, including the Environmental Protection Agency, the State of California, any agencies of the State of California, and the City of San Diego having jurisdiction over the collection, transmission, treatment and disposal of sewage and other wastes in the Interceptor Sewer. District shall regulate and prohibit the discharge into any sewer line connected to and served by the Interceptor Sewer of sewage and wastes which do not meet the quality and standards established by City. Sewage Transportation Agreement Page 6 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 86 a. Excessive Inflow or Infiltration. District shall not allow, to the extent practicable, excessive inflow and infiltration to be discharged into the Interceptor Sewer from any District sewer system or facilities. For purposes of this Section, "excessive" means any amount that causes District to exceed the capacity limitations set forth in Article 3. b. Compliance with Laws. District shall not allow, to the extent practicable, the discharge of any waste, pollutant, inflow, or infiltration into the Interceptor Sewer that is prohibited by ordinances, resolutions, rules, or regulations of the United States of America, including the Environmental Protection Agency, the State of California, City, City of San Diego, or other local agency having jurisdiction over the collection, transportation, treatment and disposal of sewage and other wastes in the Interceptor Sewer. District shall not discharge sewage into the Interceptor Sewer in a manner that would violate the Regional Wastewater Disposal Agreement. c. Enforcement Actions. If a regulatory agency with appropriate jurisdiction imposes any penalty or takes other enforcement action related to the transportation of sewage or other matter in or from the Interceptor Sewer, City shall determine, in active consultation with impacted parties, whether City, District, or any other authorized agency caused or contributed to such penalty or enforcement action. Based on this determination, City shall allocate the penalty or other relief, including the cost of defense, to the party or parties responsible. Each responsible party, whether City, District, or another authorized agency, shall pay its share of the penalty or other relief, and any costs of defense as reasonably determined by City in active consultation with impacted parties. If City cannot make an allocation based on responsibility, the cost of the penalty or other relief shall be shared by City, District, and any other authorized agency involved based proportionately on their respective average daily flow into the Interceptor Sewer. In no event shall City allocate costs attributable to City or another authorized agency to District. 2.4 Funding Obligations. Nothing in this Section or in this agreement shall obligate City to make any payment for the acquisition, construction, maintenance or operation of the City Sewerage System, and in particular the Interceptor Sewer, from monies derived from taxes or from any income and revenue of City other than monies in, or sewer revenues which go into, the operating fund for the City Sewerage System, and from construction funds derived from the sale of sewer revenue bonds or other sources of sewer funding for the City Sewerage System as are duly authorized. Nothing in this Section, however, or in this agreement shall prevent City, in its discretion, from using tax revenues or any other available revenues or funds of City for any purpose for which City is empowered to expend monies under this agreement. 2.5 Financial Statements. City shall keep appropriate records and accounts of all costs and expenses relating to the collection and conveyance of sewage and the acquisition, planning, Sewage Transportation Agreement City of Chula Vista Page 7 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 87 design, construction, administration, monitoring, and operation and maintenance of the Interceptor Sewer. 2.5.1 Right to Audit. Upon written request, said records and accounts shall be subject to reasonable inspection by any duly authorized representative of District, at District's sole expense. District may audit these records for a three fiscal year period previous to its request, at its sole expense. 2.5.2 CAFR. City shall make its Comprehensive Annual Financial Report as it relates to the Interceptor Sewer available to District. ARTICLE 3 - CAPACITY LIMITATIONS 3.1 District's Tributary Limit. The District's Tributary, subject to annexation pursuant to section 2.1.1, consists of the Villages. Pursuant to terms of this agreement District may discharge up to 870,000 gallons per day of wastewater generated within the Villages ( "District's Tributary Limit "). The basis of this capacity limitation is an official study ( "Study ") conducted by the District and in a manner satisfactory to the City, which verified that adequate capacity is available in the City Sewerage System to convey up to 870,000 gallons per day of wastewater generated within the Villages. District shall not allow flows into the Interceptor Sewer that exceed the District's Tributary Limit. 3.2 Increase in District's Tributary Limit. The Study determined that discharges from the Villages of between 870,000 gallons per day and 1,000,000 gallons per day may result in impacts to one sewer reach of the City's Sewerage System totaling 407 feet in length (the "Reach "), depicted in Exhibit B. Provided that the District, at its sole cost and expense and at a time reasonably determined by the City, improves or causes the improvement of the Reach in a manner that supplies the needed capacity, the City shall grant the District the right to discharge additional flows into the Interceptor Sewer in excess of 870,000 and up to 1,000,000 gallons per day ( "Increased Tributary Limit "). At no time, however, shall the District allow the flows into the City Sewerage System to exceed the Increased Tributary Limit. 3.3 Metered Flow. District's Tributary flows will be metered prior to entering the Interceptor Sewer. Said meters and installation shall be of the American Digital System (ADS) type and installed at such locations and in a manner approved by City's Engineer. 3.4 Requests for Additional Discharge Capacity In Excess of 1,000,000 Gallons Per Day. If at any time, average annual flows from District's Tributary exceed the cumulative capacity limit in Section 3.1 or as increased by Section 3.2, above, District shall request an amendment to this agreement. The decision of whether to allocate additional discharge capacity to District shall be at the sole discretion of City. District agrees to submit a written request to City to obtain the additional capacity needed in accordance with the procedures set forth in this agreement. In the event discharge capacity is requested for areas outside the District's Tributary as identified on Exhibit A to this agreement, District shall seek to amend this Sewage Transportation Agreement and associated exhibits. Sewage Transportation Agreement City of Chula Vista Page 8 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 88 3.5 Transfers of Discharge Capacity. Without advance notification and written approval from the City's Engineer, which approval shall not be unreasonably withheld, District shall not buy, sell or exchange all or part of its discharge capacity in the City Sewerage System. No sewerage capacity may be transferred if City determines, after consultation with District, that said transfer will adversely impact City's ability to operate the City Sewerage System, Interceptor Sewer or comply with the Regional Wastewater Disposal Agreement. As a ministerial matter, City's Engineer shall adjust District's cost responsibilities for O &M per Article 6 and make such other changes in the administration of this agreement as are necessary to reflect the transfer. ARTICLE 4 - MONITORING 4.1 Flow Monitoring Devices. If at any time during the term of this agreement it is deemed necessary or desirable by City to measure all or a portion of the flow from District's Tributary, the City shall make written demand on District that District install any and all such meters as City deems necessary or desirable. Within 365 days after receipt of such demand, District shall at its sole expense, install such meters at the locations specified by City. Said meters and installation shall respectively be of the American Digital System (ADS) type and installed at such locations and in a manner approved by City's Engineer. At its own discretion and upon written approval by the City's Engineer, District may install meters in lines maintained by the City or the District to measure all or a portion of the sewage discharged into the Interceptor Sewer from District connections to the Interceptor Sewer. 4.2 Equipment Maintenance and Reporting. District shall operate, maintain, manage and control the flow monitoring device(s) installed to monitor its flows into the Interceptor Sewer in an efficient and economical manner and preserve them in good repair and working order, all in accordance with recognized and sound engineering practices. District shall ensure that flow data information obtained from such meters is available to the City through direct computerized flow monitoring such as the Intelli -Serve Website for ADS meters. From time to time the City may, at its own discretion, conduct capacity measurements to determine actual peak and average daily flows through direct computerized flow monitoring. The results of these measurements may be used to verify, or to cause District or District's agents to restore, the accuracy of the meters installed by District. ARTICLE 5 — EXCEEDING CAPACITY 5.1 Limitations on Capacity. During the term of this agreement, District shall have the right to discharge sewage into the Interceptor Sewer in an amount not to exceed its contract capacity set forth in Section 3. 1, or as increased in accordance with this agreement. City is not obligated to receive from District, nor is District privileged to discharge into the Interceptor Sewer, any amounts in excess of District's contract capacity permitted under this agreement. 5.2 Good -Faith Contract Capacity Discussions. The parties recognize that appropriate capacity and long term planning are essential for the proper provision of sewage transportation service. The parties further recognize that it is very difficult to forecast and measure the Sewage Transportation Agreement City of Chula Vista Page 9 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 89 resulting damage to City and the City Sewerage System if District exceeds its contract capacity. Therefore, if City notifies District that it has exceeded its contract capacity (measured in gallons per day on average over a 24 -hour period), at any time during five or more days (from midnight to midnight) in any consecutive 90 -day period, District shall develop and submit a plan of action and an implementation schedule to City for its approval and acceptance. At a minimum, the plan shall describe how District proposes to stay within its contract capacity or how District proposes to increase its contract capacity in the Interceptor Sewer. District's proposals may include, but are not limited to, increasing available capacity through participation in City Sewerage System capital improvement projects, purchasing or transferring capacity from City or an authorized agency, taking other measures such as the replacement of District system components experiencing infiltration and inflow and /or construction of peak flow retention structures or re -use facilities to reduce District's flow into the Interceptor Sewer. 5.2.1 City Review. In the event that District fails to submit the aforementioned plan of action and implementation schedule within six (6) months of the date District is notified by City, or if City reasonably determines that the submitted plan and schedule are insufficient or untimely to adequately address the matter, City shall independently develop a plan to address increase capacity on behalf of the District. City shall provide a copy of the plan, which shall include: (1) the type and location of any capital improvement projects necessary; (2) the projected costs of such capital improvement projects; and (3) the allocation of such costs to District ( "Notice of Determination "). a. District shall have six (6) months from the date of the Notice of Determination to either: (1) comment on or challenge all or part of the Notice of Determination; (2) agree to the Notice of Determination; or (3) commit, in writing, to obtain new sewage transportation services outside of the City Sewerage System. If District objects to City's determination, District shall have the burden to commence and diligently pursue the formal dispute resolution procedures of Article 12 of this agreement. If District fails to initiate dispute resolution within ninety (90) days after the expiration of the time to respond to the Notice of Determination, City's determination shall become final and binding on District, and District agrees to pay the capital improvement project costs and transportation charge, if any, set forth therein. b. If District and City agree on the capital improvement projects necessary to support increased contract capacity, City and District shall enter into an agreement specifying the terms and conditions pursuant to which the capital improvement projects shall be undertaken. The agreement shall provide that District shall reimburse City for its proportionate share of any capital improvement project costs accruing to District to support increased contract capacity. 5.3 No Limitation of Municipal Powers. City has sole discretion to determine how to operate the City Sewerage System in a safe, efficient and environmentally sound manner to avoid Sewage Transportation Agreement City of Chula Vista Page 10 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 90 any risk to the health, safety and welfare of the public. Therefore, nothing in this agreement shall be construed as precluding or limiting City from taking any action reasonably necessary to prevent flow from District that endangers the health, safety, or welfare of the residents of the City. 5.4 Diversion of Flow. Nothing in this Agreement shall preclude District from diverting all or part of its flow from the City Sewerage System. However, prior to such diversion, District shall notify City in writing at least six (6) months in advance and enter into an agreement with City that, at a minimum, will require District to pay its proportionate share of outstanding capital improvement project costs, if payment of such outstanding costs upon diversion of flow is not already addressed by separate agreement. District will also be responsible for all transportation charges owed by District up to the time of diversion. 5.4.1 No Refunds. In no event shall District's diversion of all or part of its flow from the City Sewerage System entitle District to any refund of previously remitted payments for capital improvement project costs, or forgiveness of amounts owed, if any, to City for existing or increased contract capacity. District shall, however, retain such purchased contract capacity and may transfer such capacity rights to another authorized agency, subject to City's approval. District's contract capacity may be reduced or eliminated by future capital improvement projects as follows, unless District reserves capacity in accordance with Section 5.4.2: a. If a capital improvement project replaces a facility in which District has contract capacity, District's contract capacity is extinguished, unless District pays its fair share of capital improvement project costs. b. If a capital improvement project rehabilitates a facility in which District has contract capacity, District's contract capacity is reduced in proportion to the extent District fails to pay for its proportionate share of the use of the facility. 5.4.2 Reserving Future Capacity. If District diverts all or part of its flow from the City Sewerage System, District may retain its purchased contract capacity by paying its proportionate share of future capital improvement projects in accordance with Article 8. City may decline to reserve contract capacity only if City reasonably determines that reserving contract capacity will have a material adverse effect on the operation, maintenance, or useful life of the facility or the City Sewerage System. 5.4.3 Re- Introduction of Flow. If District intends to re- introduce flow previously diverted pursuant to Section 5.4, other than on an emergency basis, District shall notify City in writing at least six (6) months in advance of re- introducing the flow into the City Sewerage System. ARTICLE 6 - TRANSPORTATION CHARGES 6.1 Operation and Maintenance. The Interceptor Sewer shall be maintained by City in good repair and working order in accordance with sound engineering practices. Keeping the Interceptor Sewer in good working order requires routine cleaning and inspection; minor Sewage Transportation Agreement City of Chula Vista Page 11 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 91 repairs, replacements and reconstruction; as well as unanticipated minor emergency work. These kinds of City activities are considered O &M, and the cost of these activities, as well as associated administrative and overhead costs shall be included in the Transportation Charge. Capital improvement charges, as described in Article 8, are separate and distinct from transportation charges. 6.2 Transportation Charges. Transportation charges are used to allocate a portion of the O &M for the Interceptor Sewer to District. The transportation charge shall be equal to the unit transportation rate charged by the City of San Diego to those signatories of the Regional Wastewater Disposal Agreement. At such times that the City of San Diego adjusts the unit transportation rate, the rate under this agreement shall be adjusted automatically, with no amendment to this agreement or action of the parties hereto, such that it remains equal to that rate charged by the City of San Diego. The transportation charge effective July 1, 2016 through June 30, 2017, imposed by the City of San Diego on participating agencies is $7.09 per mg -mile. This rate is adjusted each fiscal year by the City of San Diego. If the City of San Diego fails to increase the rate, City may increase the rate as reasonably necessary to ensure full cost recovery for the operation of the Interceptor Sewer. 6.3 Billing. City shall bill District on an annual basis for transportation charges. Billing will be based on cumulative sewage flows from District Tributary as measured by ADS flow meter readings for the prior fiscal year - July 1 through June 30. Billing will also be based on City's determination of total length of City sewer utilized by the District and calculate annual transportation charges based on mg -mile of City sewer utilized by the District. Payment shall be made by District to City within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days thereafter. Late payments shall accrue interest at a rate of ten (10) percent per annum. 6.5 Payment Disputes. No payment shall be withheld by District because of a dispute as to its amount. Disputed payment shall be made with a notation as to the portion in dispute. Payment disputes shall be resolved pursuant to the dispute resolution procedure set forth in this agreement. Any amount determined to have been improperly allocated to District resulting in an overpayment shall be adjusted by City as a credit to the next invoice following such determination. In the event that the improper allocation to District resulted in an underpayment, such amount shall be adjusted by City as a debit to the next invoice following such determination. 6.6 Metro Sewer Service Fee. District shall be responsible for paying Metro's Sewer Service Fee directly to Metro. 6.6.1 In order to determine the amount of the Metro Sewer Service Fee, the District shall install or have installed, at its sole cost and expense, a flow meter or meters and a sampling station at the point of connection with the City Sewerage System to assist in Sewage Transportation Agreement City of Chula Vista Page 12 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 92 the correct distribution of the sewer service fees by Metro. If Metro does not assume responsibility for the maintenance and operation of the meter /testing station, costs associated with the maintenance and operation of said stations shall be the responsibility of the District. Flow monitoring shall be continuous. Flow strength testing shall be performed in accordance with City of San Diego's testing intervals. ARTICLE 7 FEES ASSOCIATED WITH DEVELOPMENT 7.1 Payment Prior to Permit Issuance. As a condition of permit issuance, County shall require developer to pay sewer related City Development Impact Fees and other payments, whether required by contract, ordinance or law, associated with development within the Villages ( "Fees "). County shall not issue any building permits for development within the Villages until it receives written confirmation, which confirmation shall not be unreasonably withheld, from the City that City has received all Fees, including, but not limited to the following: 7.1.1 Salt Creek DIF. City Ordinance No. 2617 establishes impact fees to be paid by developers that connect to the Interceptor Sewer. Development Impact Fees charged and remitted shall be those in effect at the time of building permit issuance. Current DIF (2015) fees by land use category are as follows: SALT CREEK INTERCEPTOR IMPACT FEES Land Use Fees Single Family Residential $1,330 /unit Multi- Family Residential $997.50 /unit Commercial (including restaurant) $13,300 /acre Community Purpose /Fire Station $13,300 /acre Schools $5,320 /acre Park $2,660 /acre a. DIF Update. City agrees to update the DIF in a timely manner to include Village(s) that are proposed for development, but in no event later than 6 months after approval of a tentative map for the Village(s). County shall give City notice of the approval of a tentative map. Costs incurred by the City in updating the DIF shall be paid by the City and incorporated into the new DIF fee. Sewage Transportation Agreement City of Chula Vista Page 13 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 93 7.1.2 Capacity Fee. City requires developers to pay a Sewer Capacity Charge for development. The amount of the Capacity Fee due to the City from developers shall be equal to the difference between the Sewer Capacity Charge identified in City's MASTER FEE SCHEDULE — FEE Bullet Chapter 12 -100, Sewer Fees Construction & Development, as it is amended from time to time, and the Treatment Component of Chula Vista Capacity Fee. Fees shall be those in effect at the time the building permit is issued. 7.1.3 Notice. In the event that City proposes any changes in fees, other than automatic fee increases and adjustments, City shall notice all related Council hearings and actions in accordance with law and regulation. ARTICLE 8 - CAPITAL IMPROVEMENT PROJECTS 8.1 Capital Improvement Projects. Capital Improvement Projects as defined in this agreement, include major repairs, major replacements or reconstruction, and other non - routine activities to improve or modify hydraulic performance of the Interceptor Sewer. Activities associated with capital improvement projects are separate and distinct from those associated with the O &M activities of Article 6. City and District are obligated to pay for capital improvement projects for the Interceptor Sewer that are needed to maintain existing capacity requirements or to provide new capacity under the terms below; provided, however, that the decision whether or not to construct a capital improvement project shall be at the sole discretion of City. 8.2 Capital Improvement Charges to Maintain Existing Capacity. City will charge District for its proportionate share of CIP cost based on the District's percentage of flow in the particular "reach" of City sewer pipe being improved. The proportionate flow percentage of each agency utilizing City sewer segments shall be calculated by the City. Upon request by the District, the City shall inform the District of the methods used to calculate District's proportionate flow percentage. 8.3 Capital Improvement Charges for Increased Capacity. The costs associated with any improvements for additional capacity will only be charged to that agency requiring the additional capacity. 8.4 Annual Adjustments to Flow Percentages. The City shall annually adjust and recalculate as appropriate, the proportionate flow percentage of each agency utilizing City sewer segments. Future CIP charges applied to the District shall be based on the annually adjusted /updated flow percentages. 8.5 Billing. City shall bill District on an annual basis for capital improvement charges. Payment shall be made by District to City within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days thereafter. Late payments shall accrue interest at a rate of ten (10) percent per annum. ARTICLE 9 CHARGE AGAINST CAPACITY RIGHTS IN METRO SYSTEM Sewage Transportation Agreement Page 14 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 94 9.1 Allocation of Capacity. All sewage discharged into the Interceptor Sewer through District's connections, with the exception of any discharges conveyed from City customers by District pursuant to transportation agreements with City, and thereafter discharged into the Metro System, and all Infiltration and Inflow allocable to District, shall be charged against District's capacity rights in and to the Metro System as such rights have been determined pursuant to the Regional Wastewater Disposal Agreement. 9.1.1 Meters. The District shall arrange with the City of San Diego for the installation of meters at the District connections to the Interceptor Sewer to monitor and measure the District Flow that will be ultimately conveyed to the Metro System and charged against District's capacity rights therein. ARTICLE 10 — DURATION OF AGREEMENT 10.1 Effective Date. This agreement shall become effective immediately upon execution by City and District. 10.2 Term of Agreement. Subject to the rights and obligations set forth in Section 11.1 below, this agreement shall commence on July 1, 2016 and expire fifteen (15) years thereafter on June 30, 2031 or upon the earlier expiration or termination of the Regional Wastewater Disposal Agreement. Any outstanding obligation of District to pay its proportionate share of capital improvement project costs and such other costs addressed by Article 8 shall survive termination of this agreement. 10.3 Extension of Agreement. Subject to City's determination that there is sufficient capacity in the Interceptor Sewer and that extension will not impair the usefulness of the Interceptor Sewer and upon one (1) year's written notice from District, this agreement is subject to extension as a new lease of facilities for the remaining term of the Regional Wastewater Disposal Agreement in 15 -year intervals or such shorter term as may be necessary for the last extension to remain within the termination date of the Regional Wastewater Disposal Agreement. 10.4 Contract Termination. If in the future, District is able to obtain alternate sewage transportation services, District may divert some or all of its flow from the Interceptor Sewer pursuant to this agreement. This agreement shall terminate if for any reason District's committed capacity in the Interceptor Sewer is entirely extinguished; however, in the event that District Terminates this agreement, District shall still be responsible for the costs of any Capital Improvement Project or portion thereof constructed based on District's need for capacity. 10.5 Abandonment. City may cease operation and maintenance of all or part of the Interceptor Sewer upon delivery of notice to District ten (10) years in advance of said abandonment. Upon notice by City to abandon the Interceptor Sewer, the parties shall meet and confer over the nature and conditions of such abandonment. In the event the parties cannot reach agreement, the matter shall be resolved pursuant to the dispute resolution procedure set forth Sewage Transportation Agreement Page 15 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 95 in this agreement. In the event of abandonment, City shall retain ownership of all Interceptor Sewer assets free from any claim of District. 10.6 Restoration Following Expiration or Termination. Should the agreement not be extended or District's contract capacity in the Interceptor Sewer be entirely terminated, District shall have up to three (3) years or such shorter period as is necessary to comply with Health & Safety Code section 5060, from the expiration of the lease right or termination to provide for removal of all connections and appurtenances to the Interceptor Sewer to the satisfaction of City and provide for alternative transportation of sewer flows. In no event shall the three (3) year period be applied in a manner that would result in a total lease term in excess of fifteen (15) years. If, for example, the lease terminates at the end of the fifteen (15) year term and a new lease is not issued, District would be required to immediately remove all connections and appurtenances. ARTICLE 11 - INTERRUPTION OF SERVICE 11.1 Interruption of District Service. In the event of an interruption of Interceptor Sewer service to District as a result of disaster, operation of State or federal law, discontinuance or interruption of service to the City of the Metro System, or any other cause beyond the reasonable control of City, City shall bear no liability, and District shall defend, indemnify and hold City harmless from any claims and liabilities made for any injury to or damage to any person or property or for the death of any person or persons arising from or out of such interruption of service to District or for any other damages or costs incurred by City as a result of such interruption of District service. This section only applies to claims originating from District's customers or District's service area. ARTICLE 12 - DISPUTE RESOLUTION 12.1 Application. This Article shall govern all disputes arising out of this agreement. 12.2 Mediation. Upon delivery of a written request for mediation to the other party involved, any dispute concerning this agreement may be submitted to a mutually acceptable mediator. The decision of the mediator shall not be final or binding unless otherwise agreed to in writing by the parties. 12.2.1 Condition Precedent to Litigation. Mediation shall be required before either party may proceed to litigation or any other method of dispute resolution. If a mediation session has not been held within ninety (90) days after written request for mediation has been received by either party, the party requesting mediation may proceed to litigation unless the period for mediation has been extended by mutual written agreement between the parties. a. Costs. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. Sewage Transportation Agreement City of Chula Vista Page 16 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 96 12.2.3 Evidence. All mediation proceedings, results and documentation, shall be non- binding and inadmissible for any purpose in any legal proceeding (pursuant to California Evidence Code Sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. 12.3 Performance Required During Dispute. Nothing in this Article shall relieve either City or District from its obligation to perform all of their obligations under this agreement. City and District shall be required to comply with this agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this agreement. ARTICLE 13 — INDEMNITY 13.1 District Indemnity. District shall defend and save and hold free and harmless the City, its directors, agents, officers and employees from any claim, liabilities, costs, penalties or fines for injury to or damage to any person or property, regulatory or other enforcement actions, or for death of any person arising from or out of any act or omission of District, its Board members, agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement or reconstruction of any sewer connections or appurtenances to the Interceptor Sewer, including without limitation any sewer flow meters, or as a result of any sewer discharges into the Interceptor Sewer that violate this agreement but specifically excluding, without limitation, any claims resulting from a force majeure event addressed in Section 14.1. 13.2 City Indemnity. City shall defend and save and hold free and harmless the District and County, their Board members, agents, officers and employees from any claim, liabilities, costs, penalties or fines (collectively "claims ") for injury to or damage to any person or property, regulatory or other enforcement actions, or for death of any person arising from or out of any act or omission of City, its council members, agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement or reconstruction of the Interceptor Sewer or City Sewer System but specifically excluding, without limitation, any claims resulting from interruptions of service addressed by Article 11 or force majeure event addressed in Section 14.1. ARTICLE 14 — GENERAL PROVISIONS 14.1 Force Majeure. In the event performance under this agreement is delayed due to causes which are outside the control of the parties and their agents, and could not be avoided by the exercise of due care, which includes but is not limited to war, terrorist attack, act of God, government regulations, labor disputes, strikes, fires, floods, adverse weather, or inability to obtain materials, labor or equipment, both parties will be entitled to an extension in time of performance equivalent to the length of delay. Sewage Transportation Agreement Page 17 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 97 14.2 Governing Law. This agreement is intended to be construed pursuant to the laws of the State of California. In addition, parties agree that this agreement has been entered into in San Diego County and concerns subject matter located in San Diego County. 14.3 Notices. All notices required to be given under this agreement must be in writing and either served personally or mailed by certified mail, return receipt requested to: San Diego County Sanitation District c/o Director of Public Works 5500 Overland Avenue, Suite 315 San Diego, CA 92123 County of San Diego c/o Director of Public Works 5500 Overland Avenue, Suite 315 San Diego, CA 92123 City of Chula Vista c/o Director of Public Works 276 Fourth Avenue Chula Vista, CA 91910 14.4 Waiver of Breach. No failure of any party to insist upon strict performance by the other of any covenant, agreement, term or condition of this agreement, or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this agreement, but each and every covenant, condition, agreement and term of the agreement shall continue in full force and effect without respect to any other then existing or subsequent breach. 14.5 Exhibits. This agreement references and incorporates herein Exhibits A and B as listed below. These exhibits are "colored." Exhibit A Agency Tributaries & Trunk Lines Exhibit B Potential Future Impacts to Salt Creek Interceptor Sewer 14.6 Amendment of Agreement. Changes to unit transportation rates, proportionate percentages of flow and associated capital improvement charges, and modifications to Exhibits are ministerial. Amendments effecting the use and operation of the City Sewerage System and Interceptor Sewer, whether ministerial or discretionary, may only be made by a mutual agreement in writing between City and District stating the parties' intent to amend or supplement the agreement. 14.7 Drafting of Agreement. It is acknowledged that City, County and District, with the assistance of competent counsel, have participated in the negotiation of this agreement and that any ambiguity should not be construed for or against any party. Sewage Transportation Agreement Page 18 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 98 14.7.1 Understanding of Intent and Effect of Agreement. The parties expressly declare and represent that they have read the agreement and that they have consulted with their respective counsel regarding the meaning of the terms and conditions contained herein. The parties further expressly declare and represent that they fully understand the content and effect of this agreement and they approve and accept the terms and conditions contained herein, and that this agreement is executed freely and voluntarily. 14.8Integration Clause. Parties represent, warrant and agree that no promise or agreement not expressed herein has been made to them, that this agreement contains the entire agreement between the parties, that this agreement supersedes any and all prior agreements or understandings between the parties, and that the terms of this agreement are contractual and not a mere recital; that in executing this agreement, neither party is relying on any statement or representation made by the other party, or the other party's representatives concerning the subject matter, basis or effect of this agreement other than as set forth herein; and that each party is relying solely on its own judgment and knowledge. 14.9 Third Party Beneficiaries. This agreement does not confer any rights on any person who is not a party to this agreement, and any third party beneficiaries are hereby expressly disclaimed. 14.10 Successors in Interest. This agreement shall be binding upon and shall inure to the benefit of the parties, and each of its respective successors, assigns, trustees or receivers. 14.11 Severability. Should any provision of this agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this agreement, but, rather, the agreement shall be construed as if it did not contain the invalid or illegal provision, and the rights and obligations of the parties shall be construed and enforced accordingly, except to the extent that enforcement of this agreement without the invalidated provision would materially and adversely frustrate either or both parties' essential objectives set forth in this agreement. 14.12 Headings. All Section headings are for convenience only and shall not affect the interpretation of this agreement. 14.13 Signature Authority. Each party represents and warrants that its respective obligations herein are legal and binding obligations of such party, that each party is fully authorized to enter into this agreement, and that the person signing this agreement hereinafter for each party has been duly authorized to sign this agreement on behalf of said party. 14.14 Restrictions on Veto of Transfers and Acquisitions of Capacity District understands and specifically recognizes that with respect to transfer and acquisition of capacity in the Interceptor Sewer or the creation of additional capacity in the Interceptor Sewer for any other authorized agency, District does not have the right to veto or prevent the transfer of capacity by and among other agencies, or to veto or prevent the creation or acquisition of capacity for another authorized agency or agencies. District recognizes that by signing this agreement District has expressly pre- approved such actions. The sole right of District Sewage Transportation Agreement Page 19 City of Chula Vista San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 99 to object to any of the foregoing shall be through expression of its opinion to City and, where applicable, through exercise of its rights under the dispute resolution provisions of this agreement. 14.15 Other Agreements. Nothing in this agreement limits or restricts the right of the parties to make separate agreements with other agencies without the need to amend this agreement, provided that such agreements are consistent with this agreement. This agreement is not intended to nor shall it in any way supersede or modify the terms and conditions of the Regional Wastewater Disposal Agreement or any amendments thereto or any other transportation agreements between the parties and any amendments thereto. 14.16 Counterparts. This agreement may be executed in counterparts. The counterparts so executed shall constitute one agreement notwithstanding that the signatures of all parties do not appear on the same page. 14.17 Limited County Responsibilities. The parties recognize that the County is not a sewer service provider and that the County is a party to this agreement for the limited purpose of ensuring developers of the Villages are, as a condition of project approval, required to pay fees to City for the provision of sewer service and for no other reason. City and District shall not hold County responsible for any loss, claim or cause of action associated with the operation, maintenance or loss of use of the City Sewerage System or Interceptor Sewer. IN WITNESS WHEREOF, this agreement is executed by the City, County and District. SAN DIEGO COUNTY SANITATION DISTRICT Name: Date: Approved as to Form and Legality Office of County Counsel, County of San Diego By: Sewage Transportation Agreement City of Chula Vista CITY OF CHULA VISTA Un Name: Date: Approved as to Form and Legality City Attorney Page 20 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 100 COUNTY OF SAN DIEGO Name: Date: Approved as to Form and Legality Office of County Counsel, County of San Diego By: Sewage Transportation Agreement City of Chula Vista Page 21 San Diego County Sanitation District 2016 -06 -14 Agenda Packet Page 101 I O � � b o cn U y IQ O U C N C � 0 3 r r 0 0 L) U) CD 1 _ o E- if oU d Z o 13; C — CL W VIII VIII I II iIIV i i ulVi i I I I I I Ilr i I i i I CL ii in i i iV w I d d N R N U 0 a c t`0 O m F- t; � �L N � t � U I ' I I 1 _ _ d N � O 3 C. 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Z-< — U f� b o O pxi...a S05INA .... ...xx\pc4p q'4 V..,7,1...'6�61lClClCl6 \����.a rio..Yokic�i, (a �.ar .� \.HIV I:�c�iloa IV''k" cj£." r.IJ N N 0 0.25 0.5 Miles Salt Creek Interceptor Sewer Potential Capacity Restrictions EXHIBIT B 2016 -06 -14 Agenda Packet Page 103 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, SAN DIEGO COUNTY SANITATION DISTRICT, AND THE COUNTY OF SAN DIEGO FOR RESERVING WASTEWATER TRANSPORTATION CAPACITY RIGHTS IN THE SALT CREEK INTERCEPTOR SEWER WHEREAS, City owns, operates and maintains the Salt Creek Sewer Interceptor System ( "City System ") for the purpose of collecting and transporting sewage from properties located in the Otay Basin to the City of San Diego's Metropolitan Sewerage System ( "Metro System ") for treatment and disposal; and WHEREAS, City has within its City System a primary trunk sewer known as the Salt Creek Interceptor ( "Interceptor Sewer "); and WHEREAS, the Interceptor Sewer is an approximately 13.25 mile segment located within the Otay Basin that runs from the intersection of Proctor Valley Road and Hunte Parkway in the City of Chula Vista, to a point of connection with the Metro System located near the junction of Main Street and Interstate 5; and WHEREAS, in October 1993, the City and County jointly adopted the Otay Ranch General Development Plan /Subregional Plan ( "GDP /SRP ") which provided for the development of Otay Ranch as a series of village and planning areas; and WHEREAS, Otay Ranch Villages 13 and 14, and Planning Areas 16, 17, and 19 ( "Villages ") as identified in the GDP /SRP are located in portions of the unincorporated County to the east of City's boundaries; and WHEREAS, the City and District are parties to the "Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System" filed on May 18, 1998 as Document No. 00 -18517 with the City Clerk of the City of San Diego (hereinafter "Regional Wastewater Disposal Agreement ") ; and WHEREAS, in accordance with the Regional Wastewater Disposal Agreement, the City and District have the right to discharge wastewater up to established limits into the Metro System, hereinafter referred to as "Metro Capacity Rights "; and . WHEREAS, the City and District agreed that: 1) all sewage originating in the City or from territory within the City's sphere of influence which is ultimately discharged into the Metro System through the Interceptor Sewer shall be charged against the City's Metro Capacity Rights and that 2) all sewage discharged into the Interceptor Sewer from territory served by the District shall be charged against District's Metro Capacity 2016 -06 -14 Agenda Packet Page 104 Resolution No. Page 2 Rights; and WHEREAS, the San Diego County Sanitation District (District) and the County of San Diego (County) wishes to enter into this agreement with the City to provide for the transportation of sewage from the Otay Ranch Villages to the Metro System using the Interceptor Sewer; and WHEREAS, the City of Chula Vista, District, and the County have negotiated an agreement to provide the District with the right to discharge flows into the Interceptor Sewer up to 870,000 gallons per day. The City may grant the District additional capacity, up to 1,000,000 gallons per day, provided, impacted facilities are improved by District in a manner that supplies the needed capacity to the satisfaction of the City; and WHEREAS, the agreement is limited to 15 years, the lease should automatically be extended upon written notice from the City, such that this total Agreement term is coterminous with the Metro Agreement. WHEREAS, the District will also be responsible for Capital Improvement Project (CIP) costs which are separate from City of San Diego Municipal Transportation Charge and Interceptor Sewer Transportation Charge; and WHEREAS, City and District are obligated to pay for capital improvement projects for the Interceptor Sewer that are needed to maintain existing capacity requirements or to provide new capacity; and WHEREAS, the decision whether or not to construct a capital improvement project shall be at the sole discretion of City; and WHEREAS, payment for the transportation capacity shall be paid directly to the City by the Developers; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement between the City of Chula Vista, the District, and the County for purchasing Transportation Capacity Rights into the interceptor Sewer, in the form presented, with such minor modifications as may be required or approved by the City Attorney and authorizes and directs the City Manager to execute said Agreement. Presented by Richard A. Hopkins Approved as to form by Glen R. Googins 2016 -06 -14 Agenda Packet Page 105 File #: 16 -0253, Item #: 6 City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY SANITATION DISTRICT WHICH SHALL EXTEND THE DURATION OF THE CITY'S WASTEWATER TRANSPORTATION CAPACITY RIGHTS IN THE SPRING VALLEY OUTFALL SEWERAGE SYSTEM RECOMMENDED ACTION Council adopt the resolution. SUMMARY This Agreement is entered into between the San Diego County Sanitation District ( "District "), an independent sewer district formed and operating under the County Sanitation District Act, Health & Safety Code section 4700, et seq., and the City of Chula Vista, a municipal corporation ( "City "). This agreement will set forward conditions for all sewer facilities shared by the City and the District. In addition, this Agreement will supersede agreements adopted by City Council with the District including Church of the Good Shepherd sewer agreement, and Frisbie sewer line agreement. This agreement will retain the same cooperative spirit of the previous agreements and will set limits in relation to sewer transportation charges and capacity rights not to exceed an equitable allocation for the maintenance, operation, and capital replacement costs for the Spring Valley Outfall Sewerage System (SVOSS). ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD /COMMISSION RECOMMENDATION Not applicable DISCUSSION By virtue of a change of organization approved by the San Diego Local Agency Formation City of Chula Vista Page 1 of 5 Printed on 6/9/2016 ow 2016 -06 -14 Agenda Packet[;�[;[� by I [fPa�ge106 File #: 16 -0253, Item #: 6 Commission (LAFCO), effective July 1, 2010, the San Diego County Sanitation District ( "District ") is the successor agency to the Spring Valley Sanitation District ( "Spring Valley "). In accordance with the terms and conditions of the LAFCO approved change of organization and the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000, California Government Code section 56000, et seq., the District took ownership of all property formerly owned by Spring Valley and is the successor in interest of Spring Valley to all contracts to which Spring Valley was a party. The District owns, operates and maintains the SVOSS for the purpose of collecting and transporting sewage from the District and certain other municipalities and districts (including portions of the cities of Lemon Grove, National City, Chula Vista, San Diego, La Mesa, and the Rancho San Diego community) to the City of San Diego's Metropolitan Sewerage System ( "Metro System ") for treatment and disposal. The SVOSS includes the Spring Valley Outfall Sewer (Outfall Sewer), as well as several other upstream trunk sewers. The outfall sewer is a segment approximately 8.7 miles long located within the Sweetwater River Basin that runs from the intersection of Jamacha Boulevard and Sweetwater Road in Spring Valley, to a point of connection with the Metropolitan Sewerage System located near the junction of Interstate 5 and State Route 54. The District constructed portions of the SVOSS with the proceeds of revenue bonds issued pursuant to Chapter 5, Part 3, Division 5 (Sections 4950, et seq.) of the Health & Safety Code of the State of California. In accordance with this law, the District adopted Ordinance Nos. 5 and 6 on May 15, 1962. In accordance with Section 51 of Ordinance No. 6 and Covenant No. 8 of Section 20 of Ordinance No. 5 and Health & Safety Code section 5060, the District may lease capacity rights in the SVOSS for a term of up to 15 years as long as there is sufficient capacity and the lease will not impair the usefulness of the SVOSS. The City owns, operates and maintains portions of a sewerage system within the Sweetwater Basin for the purpose of collecting and transporting sewage from the northerly portions of the City and certain other districts to the Metro System via SVOSS. The City of Chula Vista has been leasing transportation capacity in the SVOSS since May 9, 1964. The most recent lease agreement entitled "Agreement between the City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley Joint System" dated May 20, 1997, expired on June 30, 2013 ( "Lease Agreement "). District finds that City may again lease capacity rights in the SVOSS without impairing its usefulness. The City and District are parties to the "Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System" filed on May 18, 1998 as Document No. 00 -18517 with the City Clerk of the City of San Diego "Regional Wastewater Disposal Agreement "). In accordance with the Regional Wastewater Disposal Agreement, the City and District have the right to discharge wastewater up to established limits into the Metro System, hereinafter referred to as "Metro Capacity Rights ". The City and District agreed that: 1) all sewage originating in the City or from territory within the City's sphere of influence which is ultimately discharged into the Metro System through the SVOSS shall be charged against the City's Metro Capacity Rights and that 2) all sewage discharged into the SVOSS from territory served by the District shall be charged against District's Metro Capacity Rights. It is recognized that there exist certain additional agreements between the parties hereto related to the transportation of sewage that ultimately flows through the SVOSS. These agreements include City of Chula Vista 2016 -06 -14 Agenda Packet Page 2 of 5 Printed on 6/9/2016 Page 107 File #: 16 -0253, Item #: 6 the following: 1. "Agreement between the City of Chula Vista and Spring Valley Sanitation District for the Connection of City's Proctor Valley Road Sewer to District's Frisbie Trunk" dated July 20, 1999. This agreement was formed because the City conveys flows with no sewer capacity limitation from incorporated City properties to the District's Frisbie Trunk line where it shares capacity for about 1.8 miles in a 15" pipe as depicted in Exhibit A of Attachment No.1. 2. "Agreement between the City of Chula Vista and Spring Valley Sanitation District for a new 8" Connection from the Church of the Good Shepherd to Chula Vista's Bonita Road Sewer and Recorded Flow Adjustment" dated March 24, 2009. This agreement was formed because the City sewer line (10" diameter and 333' long) conveys sewer flow from the Church of the Good Shepherd (which is located in an unincorporated portion of the County of San Diego) to the SVOSS. District shall be allowed to continue to transport flows through the City sewer line to the SVOSS as depicted in Exhibit B of Attachment No. 2; provided, the flows do not exceed 2,120 gallons per day. The "Sewage Transportation Agreement for Spring Valley Outfall Sewerage System" (Attachment No. 3) is between the District and the City. This agreement overrides, supersedes and replaces both of the existing agreements described above. As intended in the original agreements, this new agreement maintains the capacity transportation rights requirement of proportional cost sharing in Capital Improvement Projects (CIP's) and restrictions on flow characteristic costs for each agency. The capacity limit set forth by the this Agreement for the agency discharging into the SVOSS (8.7 miles of 39" RCP Pipe) limit the City's Tributary to discharge peak flow into the SVOSS to 17.64 cubic feet per second; Church of the Good Shepherd is limited to discharging 2,120 gallons per day of sewer into the 330' long 10" diameter pipe of the City sewer trunk; and City has no limit for discharging sewer into the 1.8 mile long, 15" diameter Frisbie sewer trunk. City and District shall not allow flows into the SVOSS that exceed the capacity limit. The agency with the jurisdictional right of the sewer line in question shall make the final determination as to whether flows that exceed the capacity limit can be received by the SVOSS and whether any improvements or other actions are needed prior to authorizing execution of an amendment to this agreement allowing the additional flow. Each sewer facility included in the agreement shall be maintained by its jurisdictional agency in good working order in accordance with sound engineering practices. Keeping the sewer facilities in good working order requires routine cleaning and inspection; minor repairs, replacements, and reconstruction; as well as unanticipated minor emergency work. These District activities are considered Operational and Maintenance (O &M) expenses shall be included in the Transportation Charge. City of Chula Vista 2016 -06 -14 Agenda Packet Page 3 of 5 Printed on 6/9/2016 Page 108 File #: 16 -0253, Item #: 6 Transportation charges are used to proportionately allocate the O &M and associated administration and overhead charges to those using the mentioned line. The transportation charge shall be equal to the unit transportation rate charged by the City of San Diego to those signatories of the Regional Wastewater Disposal Agreement that transport sewage through the City of San Diego Municipal Sewerage System. At such times that the City of San Diego adjusts the unit transportation rate, the rate under this agreement shall be adjusted automatically, with no amendment to this agreement or action of the parties hereto, such that it remains equal to that rate charged by the City of San Diego. Each agency will also be responsible for Capital Improvement Project (CIP) costs which are separate and distinct from the Transportation Charges. City and District are obligated to pay for capital improvement projects for sewer lines that are needed to maintain existing capacity requirements or to provide new capacity. The decision whether or not to construct a capital improvement project shall be at the sole discretion of the jurisdictional agency. The jurisdictional agency will charge the other agency for its proportionate share of CIP costs based on the agency's percentage of flow in the particular "segment" of agency sewer pipe being improved. The costs associated with any improvements for additional capacity to accommodate growth will only be charged to that agency requiring the additional capacity. The agreement is limited to 15 years. The lease should automatically be extended upon written notice from the District, such that this total Agreement term is coterminous with the Regional Wastewater Disposal Agreement. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property- related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council [member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This project supports the City's Strategic Plan goals. The Economic Vitality is supported by generating new property taxes. The Healthy Community is supported by walkable community design. The Strong and Secure Neighborhoods goal is supported by sustainable infrastructure as detailed in the Otay Ranch Village 13 SPA plan. CURRENT YEAR FISCAL IMPACT Approval of the Resolution will result in no current impact to the Sewer Fund. ONGOING FISCAL IMPACT The City shall pay the District a proportionate share of operation, maintenance and future capital replacement costs of the SVOSS based on the amount of sewage discharged into the SVOSS from City of Chula Vista Page 4 of 5 Printed on 6/9/2016 ow 2016 -06 -14 Agenda Packet[;�[;[� by I [fPa�ge109 File #: 16 -0253, Item #: 6 the City's connections to the total amount of sewage discharged from SVOSS into the Metro at the time when said capital replacement are needed. ATTACHMENTS Attachment No. 1: Frisbie Trunk Sewer Agreement Attachment No. 2: Church of the Good Shepherd Sewer Agreement Attachment No. 3: Sewage Transportation Agreement for Spring Valley Outfall Sewerage System City of Chula Vista 2016 -06 -14 Agenda Packet Page 5 of 5 Printed on 6/9/2016 Page 110 1. AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SPRING VALLEY SANITATION DISTRICT FOR THE CONNECTION OF CITY'S PROCTOR VALLEY ROAD SEWER TO DISTRICT'S FRISBIE TRUNK THIS AGREEMENT, made and entered into this ao i-i day of ,T" L , 1999, by.and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Chula Vista ", and the SPRING VALLEY SANITATION DISTRICT, a county sanitation district, hereinafter called the "District ", is made with reference to the following facts: WITNESSETH: STATEMENT OF PURPOSE 1. The District has constructed, or has caused the construction of, Central Avenue sewer, Fdsbie trunk sewer and Bonita Meadows Lane sewer (hereinafter referred to as the " Frisbie Trunk ") from the intersection of Bonita Meadows Lane and Proctor Valley Road to the intersection of Bonita Road and Central Avenue. The Frisbie Trunk is depicted in Exhibit A. 2. Chula Vista has constructed, or -has caused the construction of, a sewer line in Proctor Valley Road (a County Road), (hereinafter referred to as the "Proctor Valley Trunk Sewer") in accordance with Chula Vista Drawing Nos. 91 -186 through 91- 196 in the unincorporated territory of the County of San Diego. Said sewer connects to District's Frisbie Trunk, which in turn connects to District's Spring Valley Outfall Sewer. 3. On the 20th day of May, 1997, the City of San Diego, Chula Vista and the District executed the "AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT FOR THE TRANSPORTATION OF WASTEWATER IN THE SPRING VALLEY JOINT SYSTEM" (County of San Diego 2016 -06 -14 Agenda Packet /_ N�LI e 111 Contract No. 71907) wherein provisions were made for the discharge into the San Diego Metropolitan Sewerage System of sewage originating within a designated area of Chula Vista. 4. Pursuant to the agreement "Regional Wastewater Disposal Agreement between the City of San Diego and Participating Agencies in the Metropolitan Sewerage System" (hereinafter referred as "Regional Wastewater Disposal Agreement" approved on May 18, 1998, and expiring on December 31, 2050, the District has the right to discharge up to 10.978 and Chula Vista has the right to discharge up to 19.843 million gallons of sewage daily into the Metropolitan System. 5. The Chula Vista City Council adopted Policy No. 570 -02, on February 13, 1996, a copy of which is attached as Exhibit B, which establishes conditions for connection to Chula Vista sanitary sewers by properties not within the incorporated limits of Chula Vista. 6. During a TV- inspection of the Central Avenue sewer in February 1999, it was reported that there are sags in the Central Avenue sewer. It was further determined that these sags would reduce the capacity and cause blockages in the Central Avenue sewer. It was also determined that with these existing sags, the Central Avenue sewer will not be adequate to transport the combined ultimate peak flows of sewage generated from Chula Vista and the District in the future, and the Central Avenue sewer is and will be adequate to transport ultimate sewage flows generated solely by the District. 7. Chula Vista and the District deem it mutually desirable and advantageous for the District to allow Chula Vista to discharge sewage into District's Frisbie Trunk and 2 2016 -06 -14 Agenda Packet Page 112 for Chula Vista to allow the District to discharge sewage into Chula Vista's Proctor Valley Trunk Sewer, under the terms, conditions and restrictions hereinafter set forth. 8. This agreement, therefore, shall establish the rights, privileges and duties of the parties concerning the use of the District's Frisbie Trunk by Chula Vista; the construction and maintenance of connections to said trunk by Chula Vista; specify the area within the City of Chula Vista to be served by the District's Frisbie Trunk under the terms of this agreement; set standards governing waste discharges and sewage flow; establish rent, fees and charges and their determining methods used in ascertaining the amount of sewage discharged into the District's Frisbie Trunk which is to be charged against Chula Vista's capacity rights in the Metropolitan System. NOW THEREFORE, the parties hereto agree as follows- Section 1. EFFECTIVE DATE. This agreement shall take effect immediately. Section 2. TERM OF AGREEMENT. Chula Vista hereby grants to District for a period commencing from the effective date of this agreement until December 31, 2050, the right to connect District's sewer lines to Chula Vista's Proctor Valley Trunk Sewer and discharge sewage into it for transportation, and District hereby grants to Chula Vista for a period commencing from the effective date of this agreement until December 31, 2050, the right to connect Chula Vista's sewer lines to District's Frisbie Trunk and discharge sewage into it for transportation, subject to the terms, conditions and restrictions of this agreement. Section 3. CONNECTIONS. A. Chula Vista, at its sole expense, shall construct, install, maintain, 3 2016 -06 -14 Agenda Packet Page 113 repair, replace and/or reconstruct all connections and appurtenances to District's Fdsbie Trunk installed or constructed by Chula Vista under the terms of this agreement. B. District, at its sole expense, shall construct, install, maintain, repair, replace and /or reconstruct all connections and appurtenances to Chula Vista's Proctor Valley Trunk Sewer installed or constructed by District under the terms of this agreement. Said connections shall comply with the following conditions: 1. Properties non - contiguous to Chula Vista, which are located within the "Non- Restricted Area" on Exhibit C shall be permitted by Chula Vista to connect to the Proctor Valley Trunk Sewer without restrictions and without being subject to Chula Vista Policy No. 570 -02. 2. Properties that cannot annex to Chula Vista upon connection to the Proctor Valley Trunk Sewer or that are located in the non - restricted area shall be subject to District sewer service charge until annexed to Chula Vista. 3. Properties outside Chula Vista that need to be served by Chula Vista's Proctor Valley Trunk Sewer shall be within the boundary of the Proctor Valley Sewer Benefit Area as shown on Exhibit D. 4. Properties outside Chula Vista and within the boundary of the Proctor Valley Sewer Benefit Area, which are connected or wish to be connected to Chula Vista shall be subject to Chula Vista Policy No. 570- [Oki 4 2016 -06 -14 Agenda Packet Page 114 r however, that in the event Chula Vista annexes and incorporates within its boundaries areas lying within said Sweetwater River Basin or said areas immediately adjacent to said Sweetwater River Basin, which are not incorporated within the boundaries of Chula Vista on the effective date of this agreement, said areas, on the date of such annexation, shall become eligible to be served by District's Frisbie Trunk under the terms of this agreement; provided, further, however, that areas outside of such areas as above described may be served on a temporary basis with the written consent of the District's Engineer which written consent shall specify such area and the duration of such temporary service. Chula Vista and District agree that for purposes of this agreement the boundaries, extent and limit of said Sweetwater River Basin shall be as delineated on the plat attached hereto and marked Exhibit E which by this agreement is made a part of this agreement. In no event shall Chula Vista permit property other than that described in this section to connect to or otherwise to be served by District's Frisbie Trunk through sewer lines or connections owned or operated by Chula Vista. Section 7. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE. A. All sewage discharged into the District's Frisbie Trunk shall meet the standards established by the City of San Diego pursuant to Section II.F of the aforementioned Regional Wastewater Disposal Agreement of 1998. Chula Vista shall not discharge into District's Frisbie Trunk any sewage or wastes which do not meet the standards established by and for the District under appropriate ordinances, resolutions, rules or regulations. Chula Vista shall regulate and prohibit the discharge into any sewer line connected to and served by District's Frisbie Trunk of sewage and wastes, which do not meet the quality, and standards 0 2016 -06 -14 Agenda Packet Page 115 5. District shall report to Chula Vista any changes in the number of District's EDUs connected to Chula Vista's Proctor Valley Trunk Sewer on a semi - annual basis. 6. District shall obtain prior approval from Chula Vista for connections to Chula Vista sewer lines within Chula Vista serving District's properties located outside the non - restricted area. Section 4. ENGINEER'S APPROVAL. The location, installation, construction, repair (except emergency repairs) replacement and/or reconstruction of each and every such connection and appurtenance shall be in accordance with County design standards, Standard Specifications for Public Works Construction and San Diego Area Regional Standard Drawings, Section 5. MAP. Where a new subdivision will be connected to the Proctor Valley or Frisbie Trunk, Chula Vista shall furnish the District a copy of the Final Map as recorded showing the areas to be served by the connection prior to the construction or installation of the connection. The areas shown on said maps shall be the only areas served by such connection under the terms of this agreement, and in no event shall Chula Vista allow any areas not shown on said maps to be served by such connection. Section 6. AREA TO BE SERVED. Only that area which is within the City of Chula Vista and within the Sweetwater River Basin or immediately adjacent to said Sweetwater River Basin and capable of being served by a sewerage system within said Sweetwater River Basin by gravity flow sewers shall be served by District's Frisbie Trunk under the terms of this agreement, provided 2016 -06 -14 Agenda Packet Page 116 so established by the District. Chula Vista shall also comply with the applicable statutes, rules and regulations of agencies of the United States of America, the State of California, and the City of San Diego having jurisdiction over the collection, transmission, treatment and disposal of sewage and wastes. B. Chula Vista shall not allow excessive infiltration or any surface or storm waters to be discharged into any sewer system or facilities served by District's Frisbie Trunk. Section 8. METERING Chula Vista flow meter CV12 shall be operated and maintained and quarterly calibrated by Chula Vista or its agents, at its sole expense, and be in good working condition for the duration of this agreement. Flow data information obtained from the meter will be made available to the City of San Diego and the District through direct computerized flow monitoring system and through quarterly reports provided by Chula Vista. From time to time, the District may at its own discretion conduct capacity measurements to determine actual peak and average daily flows through direct computerized flow monitoring system. The results of these measurements may be used to verify, or to cause Chula Vista or its agents to restore; the accuracy of said meter installed by Chula Vista. Section 9. PEAK FLOW. For the purposes of this agreement, "peak flow" shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in million gallons per day (mgd). During the term of this agreement Chula Vista shall have the right to discharge 2016 -06 -14 Agenda Packet Page 117 peak flow into the District's Frisbie Trunk not to exceed 2 mgd, and the District shall have the obligation to receive such peak flow from Chula Vista. Temporary increases in the permitted peak flow resulting from rainfall shall not be considered violations of this agreement; provided, however, that the District is not obligated to receive from Chula Vista nor is Chula Vista privileged to discharge into District's Frisbie Trunk any amounts in excess of the permitted peak flow under this agreement which could endanger the public health or safety. If Chula Vista exceeds the permitted peak flow on more than a temporary basis (no more than thirty consecutive days in each fiscal year) and such excess is caused by a defect in the sewer system of Chula Vista capable of being corrected or the excess is caused by the discharge into the sewer system of Chula Vista by a sewer user of a large quantity of sewage in a short period of time or by other sources, Chula Vista shall cause such defect to be corrected to prevent the excess or shall cause the sewer user to construct and operate appropriate facilities to spread the discharge of sewage into its sewer system or make necessary adjustments in its sewerage system so as to reduce the peak flow to the permitted quantity. If the excessive peak flow from Chula Vista's connections to District's Frisbie Trunk causes the District to exceed its permitted peak flow into the Metropolitan System as determined by Section VII of the "Regional Wastewater Disposal Agreement of 1998" between the City of San Diego and the District as a participating agency in the Metropolitan Sewerage System, and because of such excess the District is required to pay additional sums of money to the City of San Diego for such excess capacity needs as specified in said Section VII of said agreement, Chula Vista shall reimburse the District for s 2016 -06 -14 Agenda Packet Page 118 the portion of such amount which are allocable to Chula Vista's excess peak flow. Section 10. INFILTRATION. It is understood and agreed that there will be inflow of water into District's Frisbie Trunk because of leakage between the point or points at which the sewage from Chula Vista is delivered to District's Frisbie Trunk and the connection of the Frisbie Trunk to the Spring Valley Outfall Sewer. The District shall estimate the total waters that infiltrated the District's Frisbie Trunk (sometimes referred to herein as "infiltration ") by analyzing meter readings and counts of EDUs and apportion the same amongst all of such users in the proportion that the amount of sewage discharged into the District's Frisbie Trunk by each such user bears to the total amount of the sewage discharged into the District's Frisbie Trunk by all of such users of said trunk sewer. However, the amount of infiltration apportioned to each such user shall not exceed 10% of the amount of sewage discharged into the Frisbie Trunk by each such user. Such amount shall be deemed a part of the sewage of such user for all purposes. Section 11. REIMBURSEMENT CHARGE. A. The term "EDU" as used in this agreement shall mean a single family dwelling unit. Chula Vista shall use the current County Uniform Sewerage Ordinance to establish EDUs for both residential and commercial /industrial EDUs. Where a hotel, motel, trailer court, commercial or industrial establishment or other type of enterprise or operation which normally generates a different volume of sewage than a single family dwelling is being served by District's Frisbie Trunk; Chula Vista, with approval of the District, shall assign to each such establishment, enterprise or operation a number of EDUs in proportion to the E 2016 -06 -14 Agenda Packet Page 119 estimated amount of sewage generated. Said number of EDUs so assigned shal be used in computing the amount of sewage discharged into the District's Frisbie Trunk. Said assignment shall be made for each such establishment, enterprise or operation being served by the District's Frisbie Trunk on the date when sewage is first discharged from Chula Vista's sewers into District's Frisbie Trunk under the terms of this agreement. Thereafter, upon the connection of any such establishment, enterprise or operation to a sewer line being served by District's Frisbie Trunk, or upon the change in use of any property within Chula Vista which is served by District's Frisbie Trunk, which change in use would affect the volume of sewage generated by such property, Chula Vista shall report to the District the date of such connection or change in use and assign an appropriate number of EDUs to such property with approval of the District's Engineer. B. Chula Vista shall report to the District on a quarterly basis the number of EDUs of unmetered connections within Chula Vista, which EDUs are being served by District's Frisbie Trunk. C. The Frisbie Trunk Sewer except its portion in Central Avenue was oversized to serve areas outside the original assessment area, and a charge of $50 for each EDU connection was established by District to pay the cost of said over- sizing. Prior to construction or installation of each Chula Vista's connection to District's Frisbie Trunk, Chula Vista shall charge and collect a one -time fee of $50.00 per EDU for the purpose of reimbursing the District the cost for over- 10 2016 -06 -14 Agenda Packet Page 120 sizing the Frisbie Trunk. Chula Vista shall remit such fees collected to the District on quarterly basis. D. Prior to construction or installation of each District's connection to Chula Vista's Proctor Valley Trunk Sewer, District shall charge and collect a reimbursement fee for each EDU in the District and to be served by Chula Vista's Proctor Valley Trunk Sewer, for the purpose of reimbursing the builders or their beneficiaries the cost of constructing the Proctor Valley Trunk Sewer. The amount of reimbursement fee shall be in accordance with the reimbursement district to be formed by Chula Vista per Chapter 3.50 of the Chula Vista Municipal Code. District shall semi - annually remit such fees collected to Chula Vista. Section 11.5. REPAIRING SAGS IN CENTRAL AVENUE SEWER. In order to repair the existing sags in Central Avenue sewer, it is agreed that Chula Vista shall pay to the District a one -time amount of $100,000. The payment of said amount shall be paid by Chula Vista to the District before October 1, 2000. The District is responsible for, and shall complete the repair within three (3) years starting this fiscal year 1999 -2000. Chula Vista will continue to contribute flows to the Frisbie Trunk prior to and during the completion of the repairs. Section 12. SERVICE CHARGE. A. Metro Service Charge. Sewage discharging from Chula Vista into the District's Frisbie Trunk shall be subject to Metro Service Charge under the same terms, conditions and restrictions as are specified in the "Agreement between the 11 2016 -06 -14 Agenda Packet Page 121 City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley Joint System ", dated May 20, 1997, and shall be considered the same as sewage discharging from Chula Vista into the District's Spring Valley Outfall Sewer. B. District's M & O Charge. Sewage discharging from Chula Vista into the District's Frisbie Trunk shall be subject to District's M & O Charge under the same terms, conditions and restrictions as are specified in the "Agreement between the City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley Joint System ", dated May 20, 1997, and shall be considered the same as sewage discharging from Chula Vista into the District's Spring Valley Outfall Sewer. C. Capital Replacement Charges. 1. Chula Vista shall pay to the District a proportionate share for the capital replacement costs of the District's Frisbie Trunk such as reconstruction, replacement or repairs, as the amount of sewage discharged into District's Frisbie Trunk from Chula Vista's connections to the total amount of sewage discharged from District's Frisbie Trunk into the Spring Valley Outfall Sewer. at the time when said reconstruction, replacement or repairs becomes necessary. If said share is calculated to be less than 67.8 %, it is agreed that District shall use 67.8% to calculate the amount of Chula Vista's share in capital replacement costs for District's Frisbie Trunk. Such amount of said proportionate share computed by the District shall be based on the actual costs of reconstruction, replacement 12 2016 -06 -14 Agenda Packet Page 122 and repairs of District's Frisbie Trunk, including all costs of surveying, design, construction, easement acquisition, environmental studies and/or environmental impact reports, processing required permits through agencies, implementation of environmental mitigation measures, held inspection and project administration to complete such reconstruction, replacement or repair project. 2. The charge provided for in subparagraph 1 here -in -above shall be paid annually on February 1 after presentation of a bill for said charge by the District on or before the preceding April 1. It is understood by the parties hereto that the service charge computed pursuant to either subparagraphs A, B, and C is to cover /recover, respectively, (i) the District's prorated share of the maintenance and operation costs of the San Diego Metropolitan Sewerage System which the District must pay to the City of San Diego under the terms of the aforementioned °Regional Wastewater Disposal Agreement" of 1998, and (ii) Chula Vista's share for the District's costs in maintaining and operating the Frisbie Trunk. The Service Charge as computed in this section will be adjusted from time to time for any increase or decrease in the Metropolitan Sewerage System charges, and District's M & O and Capital Replacement costs in maintaining and operating the Frisbie Trunk. A copy of the District's Annual Expenditure Report shall be furnished to Chula Vista upon request. Section 13. CHARGE AGAINST CAPACITY RIGHTS IN METROPOLITAN SYSTEM. A. All sewage discharged into District's Frisbie Trunk through Chula Vista's 13 2016 -06 -14 Agenda Packet Page 123 connections, under the terms of this agreement and thereafter discharged into the San Diego Metropolitan Sewerage System, and all infiltration allocable to Chula Vista as determined by Section 10 of this agreement, shall be charged against Chula Vista's capacity rights in the Metropolitan System as such rights have been determined by the aforementioned "Regional Wastewater Disposal Agreement" of 1998. The average daily flow of such sewage to be so charged against Chula Vista's capacity rights shall be determined in accordance with Section 13 of the "Agreement between the City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley Joint System" of 1997. Section 14. TRANSFER OF TERRITORY. If, because of annexation, transfers, consolidations or other cause, any territory within the City of Chula Vista served by the District's Frisbie Trunk is transferred to another jurisdiction, Chula Vista shall remain responsible and be charged for the sewage and infiltrated waters from such territory discharged into the District's Frisbie Trunk as provided in this agreement until the parties hereto execute an appropriate amendment to this agreement transferring such responsibility and the obligation to make payments pursuant to this agreement to such other jurisdiction. Section 15. REPAIR, RECONSTRUCTION AND REPLACEMENT. The District's Frisbie Trunk shall be maintained by District in good repair and good working order in accordance with sound engineering practices. It shall be the duty of the District to make repairs on said trunk sewer and to make replacements (including reconstruction) required 14 2016 -06 -14 Agenda Packet Page 124 to keep said trunk sewer in good operating condition. Except as provided in Section 16 hereof, all repairs, reconstruction and replacements shall be part of the SERVICE CHARGE as specified in Section 12 of this agreement. Section 16. MAJOR RECONSTRUCTION, REPLACEMENT OR REPAIRS. Notwithstanding the provisions of Section 15, hereof, if, as a result of natural disaster, operation of Federal or State law or other causes beyond the District's control, it becomes necessary for the District to undertake major reconstruction, replacement or repairs of said trunk sewer or any portion thereof, Chula Vista shall reimburse the District for a proportionate share of the net costs of such reconstruction, replacement or repairs. The same share formula specified in Section 12 (C) here -in -above shall also apply to this section. Chula Vista shall share in any Federal or State grant funding, insurance or other reimbursement proceeds that may be obtained by District for such major reconstruction, replacement or repairs, in accordance with the same share formula specified in Section 12(C) here -in- above. Section 17. INTERRUPTION OF SERVICE. In the event of an interruption of service to Chula Vista by the District's Frisbie Trunk, as a result of disaster, operation of State or Federal law, discontinuance of or interruption of service to the district of the San Diego Metropolitan Sewerage System, or any other cause beyond the control of the District, District shall bear no liability and shall be held free and harmless by Chula Vista from any claims and liabilities for any injury to or damage to any person or persons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by Chula Vista as a result of such 15 2016 -06 -14 Agenda Packet Page 125 interruption of service. Section 18. ARBITRATION. All controversies arising out of the interpretation or application of this agreement shall be settled by arbitration in accordance with this section. The matter in controversy shall be submitted to a single arbitrator mutually selected by the parties. The arbitration shall be conducted pursuant to section 10240.8- 10240.13 of the Public Contract Code. The arbitration decision shall be decided under the law of this State, shall be supported by substantial evidence and in writing, and shall contain the basis for the decision, the findings of fact and the conclusions of law. A party may, within the applicable time period and upon the ground specified in this section and in Article 1 (commencing with section 1285) of Chapter 4 of Title 9 of Part 3 of the Code of Civil Procedure, petition the court to confirm, correct, or vacate the decision rendered by the arbitrator. A court shall vacate the decision, or part, or part thereof, if it determines either that the decision, of part thereof, is not supported by substantial evidence or that is not decided under or in accordance with the laws of this State. Section 19. NOTICE. Notices required or permitted under this agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement. Section 20. LIABILITY. Nothing herein contained shall operate to relieve Chula Vista of any liability for damages to persons or property arising from or out of the Installation, construction, operation, maintenance, repair, replacement and /or reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of Chula Vista or of its officers, agents or employees in connection therewith. 16 2016 -06 -14 Agenda Packet Page 126 Nothing herein contained shall operate to relieve District of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of District or of its officers, agents or employees in connection therewith. Section 21. INDEMNITY - INSURANCE. A. Chula Vista Indemnity. To the extent it may legally do so, Chula Vista shall defend and save and hold free and harmless the District and its agents, officers and employees from any claim, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of Chula Vista, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement and /or reconstruction of said sewer connections and /or appurtenances, including sewage flow meters installed according to Section 8 of this Agreement. B. District Indemnity. To the extent it may legally do so, District shall defend and save and hold free and harmless Chula Vista and its agents, officers and employees from any claim, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of District, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement and /or reconstruction of said sewer connections and /or appurtenances. 17 2016 -06 -14 Agenda Packet Page 127 Section 22. TIME OF ESSENCE. Time is of the essence of this agreement. Section 23. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to any party, or any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other parties or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words, or the application thereof to any party or any other person or circumstance be held invalid. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials. Approved as to form and legality this ISNday of '1999 4ityrney ty of hula s Approved as to form and legality this 5r day of 1999 J County Counsel ByXWC w �",Deputy 2016 -06 -14 Agenda Packet THE CITY OF CHULA VISTA / I SPRING VALLEY SANITATION DISTRICT BY rU4*k4oq J • —" Thomas J. Pastuszka Clerk of District Board of Directors APProved and /or authorized by the Board of Date: s @r of the County Date: of San Diego THOMF� Minute ordEr No.�n D-- J. PASTUsZKA 18 Clerk thBoard f Su g�{►�isors By Page 128 Deputy Clerk .4 1 QAtR� \ s v 1 Z4 tf1 I I �C�l s ■ NG }-FILLS RuzlAari.,� r,R / W r� W 0 0 Z Z a� F- W LL o --oo t z 0 1 t �o NJ Z w %Sla % W i�.L7� U} LL LV * O U) ' LL- .a Packet J Page 129 13 ROLLING SPEYERS LN -to cn O Z Z 0 z U H m 2X W 0 Z NOJ LU F�> Z� v ❑F a a�Y Ix ~ZZ aa�O❑ N U) ��wW o�QZ� Z � U N w ol W U) Lu U C) Y Z U ❑ry � Z ~w W W �U) LLZ ■ ■ ■ ■ ■ ■ ■ ■ ■ 2016- 06- 14,�enda—lqffiwt-<�j i lfj f\ \ \y /\ XT Page 130 • -" - .�.. .. i ! .' f .'.y! .- - " J;. -- ,fir. 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Is a s.-wc: oA— by a Co=-v Sal;i:21ion Di5:._ or o%;-z=d by ...._ C:,--,,-. bu: op --arzd ant= =ah= n-nw by a :.z:tl.auon Dirt .-l= an stir --^^- .mss:: LIlc C; 201 '- 132 EXHIBIT B 2 OF 3 COUNCIL cri-11, 0-7 CHTUL-. j -T Policy SSFW�� STERV= TO PROPERTY -N'0T NUMBER DATE W--ii--� T-z=- CT--1Y BOUNDARY 0. 5 -02 ` ' I p ADOFI =- BY: R=soiu:ion -No. 1821-4 DATZED- 0 2 - � 6 1 HSI Wiry is W t sbcui,; J:j, DC -=.,udtd Cj,�-. T-f - 2- Pnr----,Y own= DTDDCSM =a=n=== LD F. Sani=zi= Di=::i= r-- dots no- disz'z inn a --ary, =%v--. n 1-41puld = be r=uirrd to SC.x X=M=LRriC= ,Rop7R=- CONnGUOUS TO BOaNMARY AND CO.NLNI-L-CTIN G i 0 _A, • 1 =!� zj--- City, Lo ==rqm-=L-- Z=, rav xpvrapm= it=s (Czm=-v 2=- on7o]M!! 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C_= OF CH L" N ;.ST.i SUBJECT: I POLICY _.rt: CTT• ' w -ER SrRNq=- TO PROP= Y NOT NJU-MBER DAT'�. PAGE w iTEMN TTr=- CITY BOUNDARY = 570-02 02-3-13-96 3 of 3 A TED DOP BY: Rt&oiution No. � _ -T Dpi=: 0? -13-90 �. PRO T CONN- -- -CrLNG TO A SA.NTATION D=CT : t ors t= stuaz;on, v;]= ar= au-- y -* - =-r? to (and r. w_ s-rvi.= ugh) a, &=i -:ion Disc. s. -wr=, �i =-==+ -= to the Dis 6- and may all :i- fcs zed w said Dis:ri--L in th= �v =2e the Di�= s-w-r nisi a aowns=-.ten G-7 '=w— tl� y awn =zal3 also a--- i. -Yvoca L- Ori.- of AT --mion to fir-- Cn. nma-, if r�= a- x=a 01 *.�- Gtti''s s -ur- sv� a•c;- .�.• -t dir --.ir iuw tom. M---m sysz-•u =La-- U= riis=zu-_ 4 =a th-- Sating V2F-,r Crudall to trtuu�^,v rns mall =LC= r a G--Ml or !-,= to tar Gry in zn zmi= =m =3=1 to er�antw a u,-vz *zioyas� o; S:.a: -, z3^_ cnv frs and zarg -� ;w innxr ==,T-- ban an in a si amn as ov ta= CI-V an Er= aa=—T- tD --Jv= ::.^.ai Said arobortiomv--- syart sazli ac ate=- to to of ti= th= is �a.... -�} o= said - and z-nrs :o: zm=== znd urr`s of f= indivia . 3- h--- -�:, —. tip Disci= mall. ---,iir= Haul Dist =w-- s=vi-- r .-gs and pays =rn,=ia.L:. M y _wv -s o,schmym i no a daunsnr..a= Cry - vn=-- airy, oil au�iv m r M.�.n system, ia: Disci= wai12150 MaV a MMari= M--sa d=g= to tie Can•_ C Wry as mm=D--- of n =Quoas lots ar are to th- Gv, i is Vh;:2, at is uad0n,- .sh2l1 r.Onr iIIS172nCM of vac_ ptn�� a„m=nTiaa mvc -cgs may a; inirasad by prod owner t> -*Trim= tr, uy -coin ian of Aaai =u= zdaw- -z by the Ckv Cotm= l_ Laa* =vim: 0,-" al! av M!t =D --rr Own -(s) attd rT.T irlion of ta= =-2, on asp. C711:2 Vrisa any Q1=M=(? lire an ti._ 2zl -"T= at�tvtis;. D- . ic- C:z wall ll� au- ....a± s-w s-- vim : = . as pa= �.atr M---0 cgs ate, to L= 2j?.sz':=- 2016 -06 -14 Agenda Packet - r Page 134 This Is a Ow certified copy of the original K docwYtud on file or of record in the office or the F,Y * of the Board. It bemtt the teal of the County a a?Smt Diego, imprinted in purple h*. cod bears dig iWmet o of a DepttF;y Clerk. o, THOMAS J. J. PASTUSZKA fO° CIJB K OF TH810Ak0i SAN D1200 COUM, CALEpORMA AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SPRING VALLEY SANITATION DISTRICT FOR A NEW 8" SEWER CONNECTION FROM THE CHURCH OF THE GOOD SHEPHERD TO CHULA VISTA'S BONITA ROAD SEWER AND RECORDED FLAW AD USTFYIE T THIS AGREEMENT, made and entered into this day of CFf 2009, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Chula Vista," and the SPRING VALLEY SANITATION DIS TKICT, a country sanitation district, hereinafter called the "District," is made with reference to the following facts: RECITALS I. WHEREAS, the Church of the Good Shepherd ( "Good Shepherd"), located at 3990 Bonita Road, Bonita, CA, a property outside the geographic boundaries of the City of Chula Vista, County Assessor's parcel numbers 591 - 252 -21, 592- 060 -28, and 592- 060 -67 ( "Property "), is seeking to expand its existing structure and use. Good Shepherd is currently using a septic rather than public sewer system. In order to obtain permission to complete its expansion, the County of San Diego has required that Good Shepherd connect to a public sewer system; and 2 WHEREAS. based on its existing location, the nearest system is the City of Chula Vista's Bonita Road Sewer ( "City Sewer "). Good Shepherd would like to connect to the City Sewer in order to transport its waste ultimately into the San Diego Metropolitan Sewage System for treatment; and 3_ WHEREAS, in furtherance of its desire, the District will construct or cause to be constructed a new, 8" sewer connection from the Church of the Good Shepherd (hereinafter referred to as the "County Line ") to the City Sewer. The County Line is depicted in Exhibit A, and 4. WHEREAS, District will submit or cause to be submitted to Chula Vista for review, and approval all necessary design and construction plans for the County Line; and 5. WHEREAS, District will obtain the refaced easement(s) from Chula Vista necessary for the' construction and maintenance of the County Line as defined in Recital 3 herein: and 6. WHEREAS- on the 20th day of May, 1997. the City of San Diego. Chula Vista and the District executed the "AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT FOR THE TRANSPORTATION OF WASTEWATER IN T14E SPRING VALLEY JOINT SYSTEM" (County of San Diego Contract No. 818671) wherein provisions were made for the discharge into the San Disco Metropolitans Sewerage System ("Metro System ") of sewage originating within a designated area of Chula Vista; and • 2016 -06 -14 Agenda Packet �O4 �_ D Page 135 7. WH}✓REAS, pursuant to the "Regional Wastewater Disposal Agreement between the City of San Diego and Participating Agencies in the Metropolitan Sewerage System" (hereinafter referred as "Metro Agreement ") approved on May 18, 1998, and expiring on December 31, 2050, the District has the right to discharge up to 10.978 million gallons of sewage daily (`'mgd ") and Chula Vista has the right to discharge .up to 19.843 mgd into the Metro system; and 8. WHEREAS, Chula Vista and the District deers it mutually desirable and advantageous for Chula Vista to allow the Church of the Good Shepherd to discharge sewage into the City Sewer provided Chula Vista's recorded flow rate into the Metro System is appropriately adjusted as described in this Agreement. and Chula Vista is made whole regarding costs associated with transporting sewage through the City Sewer, including payments of fair share costs for repair, maintenance, and replacement of City Sewer; and 9 WHEREAS, this Agreement shall establish the rights, privileges and duties of the parties concerning the construction, use and maintenance of the County Line to the City Sewer. set standards governing waste discharges and sewage flow, and describe adjustments to recorded flow rates for both the - District and Chula Vista flow volumes into the Metropolitan System in an amount up to. but not exceeding, 8 EDUs.. NOW THEREFORE, the parties hereto agree as follows: ARTICLE 1. — DEFINITIONS 1.1 Definitions. For the purpose of interpreting this Agreement, the following terms shall have the meaning ascribed to them hereunder: 1.1.1 "Average Daily Flow" is the number, in million gallons of wastewater per day ("MGD "), calculated by dividing the total flow on a fiscal year basis by 365 days. 1.1.2 "Allocated Capacity or Capacity Rights" means the Average Daily Flow of sewage that the Property is permitted to discharge into the City Sewer, expressed as a rate Of flow in million gallons per day 1. 1.3 "City Sewer" means the City of Chula Vista's Bonita Road Sewer. which is an 8�' diameter sewer line that runs westerly along Bonita Road and then turns into a 10�' m diaeter litre at Willow Street where it runs northerly on Willow Street to connect to the Spring Valley Outfall at the intersection of Willow Street and Bonita Road. 1.1 4 "Equivalent Dwelling Unit" or "EDU' means a single family dwelling unit or each single family dwelling unit in a duplex, multiple dwelling unit, or apartment house, 1.1.5 "Excess Infiltration" refers to the inflow of water into the City Sewer from the ground through damaged or defective pipes. pipe joints, lateral connections. and manhole walls. For purposes of this agreement: "excess infiltration' shall be defined as the inflow of water in excess of 10% of the total Bows into the City Sewer due to leakage at any point along the County Line or at the location at .which the County Line taps into the City Sewer. !:04�{OJJ • M WE 2016 -06 -14 Agenda Packet Page 136 I- 1.1 6 "Flow per EDU" assumed to be 265 gallons per day ( "gpd' ), is the estimated amount of flow generated per EDU on a daily basis, in accordance with the City of Chula Vista's Subdivision Manual -- Sewer Design Criteria. 1.1.7 "Inflow" means extraneous storm water into the City Sewer through roof leaders. cleanouts, foundation drains, sump pumps and cellar, yard and area drains along the County Line or at the location at which the County Line taps into the City Sewer. 1.1.8 "Peak Flow" means the maximum instantaneous discharge of sewage expressed as a rate of flow in million gallons per day 1.1.9 "Project" means the development of the Good Shepherd Church property at 3990 Bonita Road, Bonita, Califomia, in accordance with the. plans and specifications that have been presented to the County of San Diego for approval and to the City of Chula Vista for review and from which the Allocated Capacity has been derived Project Plans have been attached to this Agreement as Exhibit B. 1.1.10 "Property' means that parcel currently owned by the Church of the Good - Shepherd, located at 3990 Bonita Road, Bonita, California, depicted on Exhibit C, and fi.rther described on Exhibit D, attached hereto and incorporated herein by this reference. ARTICLE 11 — GENERAL TERMS 2.1 Effective Date. This Agreement shall be executed and take effect upon the signing of the last party hereto. 2.2 Term. This Agreement shall remain in effect until such time as Good Shepherd, its successor in interest, and any additional connections or flows permitted due to amendment of this Agreement pursuant to 3 1.8.1- cease their use of the City Sewer or the Agreement is otherwise terminated, whichever is sooner ARTICLE 111— COUNTY LINE 3.1 Grant of Rieht. Subject to the terms and conditions herein, City hereby =rants to the District the right to connect an 8° sewer line from the Church of the Good Shepherd to the City Sewer to discharge sewage into it for transportation. Provided all conditions of this Agreement and all information required by the City of Chula Vista for any approvals or permits necessary for the construction and connection of the County fine is submitted by the District to the City of Chula Vista, the City of Chula Vista shall not unreasonably delay said approvals or permits necessary for the District to connect to the City Sewer. 3.1.1 Costs. Any and all costs, including those costs identifscd in Article Vi, herein, arising out of or related to the construction, installation. maintenance, repair, replacement or use of the County Line and appurtenances thereto shall be the obligation of the District. -3- 2016 -06 -14 Agenda Packet Page 137 k 3 12 Capacit), Rights. District shall have the right to discharge sewage through the County Line into the City Sewer in an amount not to exceed 8 FDUs - (Average Daily Flow of 2.120 ,pd }. 11.3 Source of Se)vage. Unless allowed in accordance -Mth Section 3 1.8.1 of this Agreement, the County Line shall be used only to discharge sewage generated by the Project. 3.1.4 Sewage Standards, District shall-regulate and prohibit the discharge of Sewage and wastes into the City Sewer that do not meet the quality and standards established in the City of Chula Vista's Municipal Code. Ali sewage discharged into the City Sewer shall meet the standards established by the City of San Diego pursuant to Section 11.F of the Metro Agreement. The District shall not discharge into the City Sewer any sewage or wastes that do not meet the standards established by and for Chula Vista under appropriate ordinances, resolutions, rules, or regulations. The District shall also comply with the applicable statutes, rules, and regulations of agencies of the United States of America. the State of California, and the City of San Diego having jurisdiction over the collection. 'transmission, treatment. and disposal of sewage and wastes. 3 1.5 Infiliralion, District shall not allow excessive infiltration into the County Line and from such line into the City Sewer. 3.1.6 Inflow. District shall not allow_ to the maximum extent practicable, the inflow of Aft surface or storm waters to be discharged into the County Line and from such line into the City Sewer. vp 3 -1.7 Peak Flog During the term of this Agreement, District shall have the right to discharge peak flow into the City Sewer not to exceed 5,300 -pd and City shall have the obligation to receive such peak flow from District. Temporary increases in peak flow resultinb from rainfall shall not exceed the stated Peak Flow, 3 1.8 No Expansion of Right, The Property and the improvements to be made thereon. otherwise known as the Project, shall be the only property and structures to be served by the County Line and in no event shall City allow any areas or structures not identified as part of the Project to be served by County Line, except as provided for in Section 3.1.8.1. Discharge in excess of the Allocated Capacity or the addition of connection's shall be a breach of this Agreement subject to the remedies contained herein and those provided by law and equity. 3 -1.8.1 Increase in Discharge or Additional Connections. Additional Slows beyond the 8 EDUs permined for Good Shepherd under the terms of this Agreement and/or other properties that may subsequently annex into Spring Valley Sanitation District and desire to connect to the City Sewer through this , Agrecment, shall be conditional upon availability of sewer capacity in the City of Chula Vista sewer system. Any increase in selvage 5z r W .. . -461 - 2016 -06 -14 Agenda Packet Page 138 ;, Aft TV discharged into or connections to the City Sower shall therefore, require a written amendment to this Agreement. 3.19 Change In Use. There shall be no change in use of the Project, which may increase the Allocated Capacity, absent prior written approval from Chula Vista. ARTICLE IV —DESIGN AND CONSTRUCTION 4.1 _Design and Construction Standards, The District, at its sole expense, shall design and constnict, or cause to be designed and constructed, the County Line to the City Sewer 4.1.1 Sfundard of Care. District agrees that the professional services required by this Agreement shall be performed in accordance with the standards customarily adhered to by experienced and competent professional architectural. engineering, and construction fines using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. 4.1 -2 Compliance with Design and Consowcrion Standards. District shall comply 7th: or ensure that the most current editions of appropriate design and construction standards shall be used for all design and construction activity required by this Agreement. 4.1 -3 Standard Specifications- District shall comply with, or ensure that the most current editions of reference specifications shall be used when designing and constructing the Project, including: 4.1.3.1 The most recent edition of the Standard Specifications for Public Works Construction, including the Regional and City of Chula Vista 5ugplernent Amendments [Greenbook]. 4.1.3.2 California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. 4.1 4 Crry Standards. District's professional services shall be provided in conformance with.the professional standards of practice established.by City this includes all amendments and revisions of these standards as adopted by City. 4.1.5 Permits The Parties acknowledge that the construction work to be performed within the City of Chula Vista in compliance with this Agreement is subject to the prior issuance of Chula Vista construction permit. ARTICLE V. MAINTENANCE, REPAIR, AND REPLACEMENT 5.1 Maintenance, Repair- and Reconstruction. District shall ensure that the County Line is maintained in good repair and good working order and in accordance with sound engineering principles and practices, ]t shall be the duty of the District to make repairs on the County Line and to make replacements, including. reconstruction. as required to —462- 2016 -06 -14 Agenda Packet Page 139 Monthly Sewer Service Charge = ((Usage x Elate x RF) + (Fixed Service Charge)} x (Chula Vista M &0 %) Where Usage is based upon the # of EDU's calculated for the Project where 1 EDU = 1.0625 Hundred Cubic Feetlrnonth; Rate = Low Strength Commercial Rate; RF = RCturn Factor = 100 %; Fixed Service Charge = Fixed Service Charge for 1'' Meter; Chula Vista M & O % (i.e. Percentage of the Sewer Service Charge required to recover City's M & O Costs, and Capital Replacement Costs) = 41.4% 6.5 Major Repair. Reconstruction. acid Replacement_ If as a result of natural disaster; operation of federal or state la%v. or other causes beyond Chula Vista's control, it becomes necessary for Chula Vista to undertake major reconstruction, replacement, or repairs of the City Sewer, District shall reimburse Chula Vista for a proportionate share of the net costs of such reconstruction, replacement, or repairs. The amount to be paid by District to Chula Vista shall bear the same ratio to the total costs of such reconstruction, replacement, or repairs as the ainount of sewage discharged from the County Line into City Sewer to the total amount of sewage discharged into City Sewer at the time when said reconstruction, replacement, or repairs become necessary. 6.6 No Charpe to CitY. Chula Vista shall not incur any costs associated with the design: construction, maintenance, repair, replacement; or use of the County Linc. ARTICLE VII. LIABILITY 7.1 lnterruution in Service. In the event of an interruption of service to the District by the City Sewer, as a result of disaster, operation of State or Federal lw.N,, discontinuance of or interruption of service of the San Diego Metropolitan Sewerage System or connections thereto. or any other cause beyond the control of Chula Vista, Chula Vista shall bear no liability and shall be held free and harmless by the District from any claims and liabilities for any injury to or damage to any persons, including dismemberment, disability, or death, or property arising from or out of such interruption of service or for any other damages or costs incurred by the District as a result of such interruption of sen ice. Nothing herein contained shall operate to relieve the District of any liability for damages to persons or property arising from or out of the installation, construction, operation. maintenance, repair, replacement, and/or reconstruction of the County Line and appurienances thereto or from any action or inaction of the District or of its officers, agents, employees, or contractors in connection therewith. ARTICLE V111. INDENTNITY 8.1 Defend, Indemnify,, and Hold Harmless (District). To the extent it may legally do so. District shall defend, indemnify, and save and hold free and hannless City of Chula Vista, its agents, officers and employees from any claim, actions, liabilities; penalties or fines for injury to or damage to any person or property or far the death of any person arising from or out of art }• act or omission of District, its agents: officers_ employees nr contractors, arising from or out of the installation; constriction, operation. maintenance. -7- F-:141 L:A ;14 .e -463- 2016 -06 -14 Agenda Packet Page 140 L'�tJ keep the County Line in good operating condition. All costs associated with maintenance, repair, and reconstruction of the County Line shall be the obligation of and paid for by the District. 5 2 Standards. Maintenance, repair, replacement, and /or reconstruction of the County Line shall be in accordance with the latest edition of the County desigri standards (Standard Specifications for Public Works Construction and San Diego Area Regional Standard Drawings), and State of California, Department of Transportation Standard Specifications for Public Works Construction and San Diego Area Regional Standard Drawings, ARTICLE Vl. CHARGES AND EXPENSES 6.1 Costs of Design. Construction. Repair._ Maintenance and /or Replacement of County Line. District shall be responsible for all costs associated with the design, construction, repair, maintenance, and/or replacement of the County Line. 6.2 Charge Against Capacity Rights. All sewage generated from the Property (including inflow or infiltration) discharged into the Metro System via the County Line shall be charged against District's capacity rights as defined in the Metro Agreement and any amendments or supplements thereto. As no meters will be installed to calculate actual flow of and capacity used by the County Line, Chula Vista and the District have acreed to calculate the flow to be generated by the Church of the Good Shepherd prior to connection to the City Sewer based on the number of fixture units within the Church of the Good Shepherd, but in an amount not to exceed 8 EDUs as verified by review of approved building permit plans for the Project. Fixture units shall be converted to EDU -s Utilizing equivalent fixture units as described in Chula Vistas Form 5509 Development Checklist: Sewage Participation Fee section. 6.3 Amendment to the Metro Bifline Formula for Chula Vista and the District. Prior to construction and connection of the County Line to the City Sewer - District and Chula Vista shall each send a letter to the City of San Diego stating that an agreement has been reached between the two agencies regarding the discharge from the Church of the Good Shepherd. Chula Vista's recorded flow shall be reduced by up to 8 EDUs. the District's recorded flow shall be increased by the same amount (up to 8 EDUs), and the Metro Billing Formula shall be adjusted accordingly, all based on a final future unit count on approved building permit plans for the Project. 6.4 Sewer Service Charge. Chula Vista's sewer service charges Dave been set to recover Chula Vista's costs for wastewater treatment; maintenance and operation of the local collection system, and capital replacement. Since Chula Vista will not be liable for the cost of wastewater treatment for potentially as many as 8 EDUs of flow generated by the Church of the Good Shepherd. the District shall pay to Chula Vista a monthly service charge for that portion of the sewer services charge needed to cover the Chula Vista's Maintenance and Operation ("City M & O") costs. Monthly Sewer Service Charges shall be paid annually by District to Chula Vista within thirty (30) calendar days of receipt of an invoice for such charges. The Monthly Sewer Service Charge shall be determined as follows: 2016 -06 -14 Agenda Packet Page 141 repair, replacement and /or reconstruction of said County Line and/or appurtenances installed according to Section 3 of this Agreement. 8.2 Defend. lndemnifv. and Hold Harmless (Chula Vistal. Without waiving any goveirunental immunity and to the extent it may legally do so, Chula Vista shall defend, indemnify, and save and hold free and harmless District, its hoard members, agents: officers and employees from any claim, actions, liabilities, penalties or fines for injury to or damage to any person or property or for. the death of any person arisinc from or out of any act or omission of Chula Vista, its agents, officers, employees or contractors. ARTICLE 1X. NOTICES 9.1 Writing. Any demand upon or notice required or permitted to be given by one party to tic other party shall be in writing. 9.2 Effective Date, Except as otherwise provided by law, any demand upon or notice required or permitted to he given by one party to the other party shall be effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S. Mail, return receipt requested, (iii) on the succeeding business day after mailing by Express Mail or after deposit with a private delivery service of general use (e.g , Federal Express) postage or fee prepaid as appropriate, or (iv) upon successful transmission of facsimile. 93 Recipients. All demands or notices required or permitted to be given shall he sent to all of the fallowing: 9.3.1 City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 9.3.2 Pennittee: Spring Valley Sanitation District County of San Diego 5555 Overland Avenue Bldg. 2, Suite 2260 . San Diego CA 92123 9.4 Chanee of Address(es1. Notice of change of address shall:be given in the manner set forth in this Article, ; ARTICLE X. 'TERM OF AGREEMENT 10.1 Option, Tliis Agreement and all conditions herein shall remain in full force and effect unless terminated by mutual agreement, provided that the District is not in default under or breach of this Agreement. -8- �al -465- 2016 -06 -14 Agenda Packet Page 142 2;u ARTICLE X1. MISCELLANEOUS PROVISION'S 11.1 Headings, All article headings are for convenience only and shall nut affect the interpretation of this Agreement. 11.2 Gender & Number. Whenever the context requires, the use herein of (i) The neuter fender includes the masculine and the feminine genders and {ii) the singular number includes the plural number. 11.3 Reference_ to Paragraphs, Each reference in this Agreement to a section refers - unless otherwise stated, to a section this Agreement. 11.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part hereof. 11.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the pan of Chula Vista or the District, shall be deemed to be both covenants and conditions. 11.6 Inlet radon. This Agreement and the Exhibits and references incorporated into this Agreement fully express all understandings of the parties concerning the matters covered in this Agreement, No change, alteration, or modification of the terms or conditions of This Agreement, and no verbal understanding of the parries, their officers, agents, or APUTUM employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to by both p;Ldies..All prior negotiations and agreements are merged into this Agreement. 11.7 Severabilitv. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 1 1.8 Drafting Ambiguities. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement. and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement, 11.9 Conflicts Between Tenets. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal. state, or local law. rule - regulation, order, or code and this Agreement, the €aw, rule. reguiation: order, or code shall control. Varying degrees of stringency among the main body of this Agreement. the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other irnmediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. -9- 2016 -06 -14 Agenda Packet Page 143 I 1 10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement. l 1.11 Good faith Performance. The parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 11 12 Further Assurances, Chula Vista and District each agree to execute and deliver such additional documents as may be required to effectuate the purposes of this Agrcement- 1 l .13 Exhibits. Each of the following Exhibits is attached hereto, and incorporated herein by this reference: Exhibit A: 8" County Line Exhibit S: Conceptual Project Plans Exhibit C: Location Map Ezhibii D: Lcgal Description 11 14 Compliance with Controlling Law. The District shall comply with al] laws, ordinances. regulations, and policies of the federal, state, and local governments appllcuble to this Agreement, including (if required) California Labor Code section 1720 as amended in 2000 relating to the payment of prevailing wages during the design and preconstruciion phases of a project, including inspection and land surveying work. In addition, the District shall comply immediately with all directives related to the continued use of the City Sewer issued by Chula Vista or its authorized representatives under authority of any laws. statutes, ordinances, rules, or regulations. The laws of the State of California shall govem and control the terms and conditions of this Agreement. IL15 Jurisdiction. Venue. and Attorney Fees. The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of Califomia.. The prevailing party in any such suit or proceeding shall be entitled to a reasonable award of attorney fees in addition to any other award made in such suit or proceeding. 11.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of Chula Vista as a chartered city of the State of California. 11.17 Third Partv Relationships. Nothing in this Agreement shall create a contractual relationship between Chula Vista, District and any third party; however, the parties understand and agree that Chula Vista. to the extent permitted by law, is an intended third party beneficiary of all District's contracts, purchase orders and other contracts between District and third party services related to the use of the City Sewer District shall incorporate this provision into its contracts, supply agreements and purchase orders. 11.18 Non - Assignment_ The District shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company; nor any monies due or to -10- �y E -467- 2016 -06 -14 Agenda Packet Page 144 become due. without Chula Vista's prior written approval. Any assignment in violation of this pmagi-aph shall constitute a default and is grounds for immediate termination of this Agreement, at the sole discretion of Chula Vista. ]n no event shall any putative assignment create a contractual relationship between Chula Vista and any putative asst once. 11.19 Successors in Interest. This Agreement and a4l rights and obligations created by this Agreement shall be in force and effect whether or not any panics to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party's successor in interest. 11.20 Independent Contractors, The District, any consultants, contractors, subcontractors, and any other individuals employed by the District shall be independent contractors and not agents of Chula Vista. Any provisions of this Agreement that may appear to give Chula Vista any right to direct the District concerning the details of performing the services under this Agrecmertt, or to exercise any control over such performance_ shall mean only that tha0istrict shall follow the direction of Chula Vista concerning the cnd results of the 11.21 Approval. Where the consent or approval of a party is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 11 -23 No Waiver. No failure of either Chula Vista or the District to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term: or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 11.33 Si --nine Authority. The representative for each party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership. joint venture. or entity and agrees to hold the other party or parties hereto harmless if it is later determined that such authority does not exist. 14 Agenda Packet WIi Page 145 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officiats. Approved as to form and legality this 'ZD day 9f l�' 1r 2009 y AttamlChula the City Vista. Approved as to fonn and legality this q day of 5l 2009 County Counsel By�.�ns lam,; k,rJ� Senior Deputy -)2- THE CITY OF CHULA VISTA By SPRING VALLEY SANITATION DISTRICT By rig Thomas 1. Pastuszl:a Clerk of District Board of Directors Approved and/or authonzed by the i;v�arnd of Supervi, rs of the County of San Dl wa Date Minute order No. THOMAS J, PASTUSZKA Clark of a and o upe isors sY ""4"— 1-� _ .� Deputy Jerk 't P 2016 -06 -14 Agenda Packet Page s 2016 -06 -14 Agenda Packet __ __ __ Page 147 COUNTY OF SAN DIEGO SAN DIEGO COUNTY SANITATION DISTRICTS WEDNESDAY, JULY 22, 2009 MINUTE ORDER NO. l SUB.IECT: SPRING VALLEY SANITATION DISTRICT: NOTICED PUBLIC IWARING: APPEAL OF THF. CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT MODIFICATION P56 -020W' AND SEWER CONNECTION AGREEMENT; SWEETWATER COMMUNITY PLANNING AREA (DISTRICT: .l.) OVERVIEW: This is a neighbor's appeal of the Planning Commission's March 24, 2006 decision to approve Major Use Permit Modification P56- 020W1. The project is a Nfajor Use Permit Modification to modify the existing facilities for the Church of the Good Shepherd, which opened in 1956 in Bonita. This appeal was originally scheduled for the Board of Supervisors (Board) on September 20, 2006, but was continued because a sewer agreement was required between the City'of Chula Vista and the Spring Valley Sanitation District. The City of Chula Vista recently approved the agreement on March 24, 2009. This item also includes a request for the Board acting as the Board of Directors of the Spring Valley Sanitation District to approve and authorize the Clerk of the Board of Supervisors to execute a tvvo -party agreement between the City of Chula Vista and Spring Valley Sanitation District for the Church of the Good Shepherd to, connect to the City of Chula Vista Bonita Road sewer line. The 3.7 -acre site is located at 3990 Bonita Road in the Sweetwater Community Planning Area. The Church of the Good Shepherd is located outside the geographic boundaries of the City of Chula Vista, but within the City of Chula Vista sphere of influence and is currently served by a septic sewer system. The property is Toned 1tRl, Rural Residential Use Regulation, which allows Civic Ilse Types: Religious Assembly with the approval of a Major Use Permit 'pursuant to Section 2185b of the Zoning Ordinance. `-lie Major Use Permit Modification is required pursuant to Section 7378 of the Zoning Ordinance. (Thomas Guide Page 1310/4G) FISCAL IMPACT: No fiscal impact. 13USINESS IMPACT STA'T'EMENT: N/A ?2/09 Sanitation Districts 14 Agenda Packet Page 148 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve and authorize the Clerk of the Board of Supervisors, to execute Agreement Between the City of Chula Vista and Spring Valley Sanitation District for a New 8" Sewer Connection From the Church of the Good Shepherd to Chula Vista's Bonita Road Sewer and Recorded Flow Adjustment. (Attachment R, Sewer Connection Agreement) (Relates to Board of Supervisors, Agenda No. 5) ACTION ON MOTION of Director Cox, seconded by Director Horn, the Directors of the San Diego County Sanitation Districts closed the Hearing and took action as recommended. AYES. Cox, Jacob, Slater- Price, Horn ABSENT: Roberts State of California) County of San Diego) I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Sanitation Districts. THOMAS J. PASTUSZKA Clerk of the Board of Directors By l 1arvice tLMrazyck, Deputy 7122109 Sanitation Districts 2 2016 -06 -14 Agenda Packet Page 149 ��o��ve Is Tp�A BOARD OF SUPERVISORS e�h l GREG COX S A I First Mitrict x ri COUNTY OF SAN DIEGO DIANNI. J "'COB 0 Smnnd District �� PA.�7 SLATER- PR1CL". `MbCc�t .PLANNING REPORT TN ROBERTS ct NON ROEI Fourth IMbict BILL UORN Fifth District DATE: July 22, 2009 TO: • Board of Supervisors Board of Directors of the Spring Valley Sanitation District SUMTECT: APPEAL, OF THE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT MODIFICATION P56 -020W' AND SEWER CONNECTION AGREEMENT; SWEETWATER COMMUNITY PLANNING AREA (District: 1) SUMMARY: Overview This is a neighbor's appeal of the Planning Commission's March 24, 2006 decision to approve Major Use Permit Modification P56- 020W'. The project is a Major Use Permit Modification to modify the existing facilities for the Church of the Good Shepherd, which opened in 1956 in Bonita. This appeal was originally scheduled for the Board of Supervisors (Board) on September 20, 2006, but was continued because a sewer agreement was required between the City of Chula Vista and the Spring Valley Sanitation District. The City of Chula Vista recently approved the agreement on March 24, 2009. This item also includes a request for the Board acting as the Board of Directors of the Spring Valley Sanitation District to approve and authorize the Clerk of the Board of Supervisors to execute a two -party agreement between the City of Chula Vista and, Spring Valley Sanitation District for the Church of the Good Shepherd to connect to the City of Chula Vista Bonita Road sewer line. The 3.7 -acre site is located at 3990 Bonita Road in the Sweetwater Community Planning Area. The Church of the Good Shepherd is located outside the geographic boundaries of the City of Chula Vista, but within the City of Chula Vista sphere of influence and is currently served by a septic sewer system. The property is zoned RRI, Rural Residential Use Regulation, which allows Civic Use 'types: Religious Assembly with the approval of a Major Use Permit pursuant to Section 2185b of the Zoning Ordinance. The Major Use Permit Modification is required pursuant to Section 7378 of the Zoning Ordinance. (Thomas Guide Page 1310/46) Recommendation(s) APPEAL Documentum Version 1 -06 -14 Agenda-Packet— Page 150 SUBJECT: APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT SA1 MODII`ICATION P56 -020W! AND SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING AREA (District: 1) Acting as the Board of Supervisors of the County of San Diego: PLANNING COMMISSION Approve Major Use Permit Modification P56 -020W1 and adopt Form of Decision that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the San Diego County Zoning Ordinance and applicable State law. (Attachment 1), Form of Decision) DEPARTMENT OF PLANNING AND LAND USE The Department concurs with the Planning Commission recommendation. SEWI ±,It CONNECTION AGREEMENT Acting; as the Board of Directors of the Spring Valley Sanitation District: CHIEF+ ADMINISTRATIVE OFFICER Approve and authorize the Clerk of the Board of Supervisors, to execute Agreement Between the City of Chula Vista and Spring Valley Sanitation District for a New 8" Sewer Connection from the Church of the Good Shepherd to Chula Vista's Bonita Road Sewer and Recorded I "low Adjustment. (Attachment R, Sewer Connection Agreement) Fiscal Impact No fiscal impact. Business Impact Statement NIA Advisory Board Statement In a letter dated January 12, 2009, the Sweetwater Planning Group opposed the Mitigated Negative Declaration stating they have concerns regarding the sewer agreement, the height and .size of the proposed structures, flooding, private road maintenance and traffic. (Attachment M) On October 5, 2002, the Sweetwater Planning Group voted 14 -0 to recommend approval. See Attachment M for the Planning Group Action Sheet. Involved Parties Owner: Church of the Good Shepherd, Rev. Dr- George Calvert Applicant: Darrold Davis, CCBG Architects -2- 2016 -06 -14 Agenda Packet Page 151 SUB.IECT: APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PIL'RMIT SAl MODIFICATION P56-020W' AND SEWER CONNECTION AGREELMEN`I' BETWEEN THE CITY OFF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING AREA (District: 1) Applicant: Robin Munro, Prairie Schwartz Heidal Application Date: September 4, 2002 Planning; Commission Vote On March 24, 2006, the Planning Commission voted 7 -0 -0 to approve the Church of the Good Shepherd Major Use Permit Modification 1356- 020W'. BACKGROUND: On February 10, 2006, the Planning Commission reviewed-Major Use Permit Modification P56- 020W1. The Planning Commission took testimony and voted to continue the item to March 10, 2006 to allow the applicant the opportunity to meet with neighbors to discuss issues raised at the February 10, 2006 Planning Commission hearing. Issues raised by the community at the hearing included the size and scope of the project, traffic, drainage, noise, height of the proposed cross, the Silk Oak trees, noticing requirements, and the proposed daycare use. Following the February 10, 2006 Planning Commission action, the applicant held a neighborhood meeting at the Church of the Good Shepherd to discuss community concerns and project issues including traffic and drainage impacts, as well as impacts of the proposed daycare use within the church. The applicant notified and invited property owners within 1,000 feet of the project to the neighborhood meeting. In the time between the February 10, 2006 hearing and the March 10, 2006 hearing, the Department of Planning and Land Use (DPLU) discussed with the applicant issues discussed at the neighborhood meeting. The applicant agreed to additional conditions (Silk Oak tree monitoring program, stop sign, gated access, street restriping, and internal circulation) to address impacts ftonz the additional traffic that would be generated with the proposed daycare. On March 10, 2006; the Planning Commission reheard the itern, including a discussion of additional project conditions that resulted from the community meeting. Public testimony was not reopened; however, the Planning Commission did take testimony from an attorney for the proponents and an attorney for the opponents. The Planning Commission eliminated the daycare from the project and the applicant agreed to the removal. The Planning Commission voted to continue the item to March 24, 2006 and directed staff to revise the Major Use Permit Modification decision documents to reflect the elimination of the daycare. On March 24, 2006, the Planning Commission reheard the item and considered the additional conditions (stop sign, gated emergency access, street restriping) that were discussed at the February 10, 2006 and March 10, 2006 hearings. The Planning Commission approved Major Use Permit Modification P56 -020W1 with the additional conditions. The added conditions eliminated the proposed daycare, and required that (1) the ingress /egress at Grevillea Way be gated and used for emergency use only, (2) a stop sign be installed at the .ingress /egress at The -3- 14 Agenda Packet Page 152 SUBJECT: APPEAL OF THE PLANNING COMMISSION DT'CISION TO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT SAI MODIFICATION P56 -020W' AND SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT; SWEE FWATER COMMUNITY PLANNING AREA (District: 1) Hill Road, and (3) that Willow Street south of Bonita Road be restriped per plan on vile (see Attachment L,, Planning Commission Minutes). On Aprii 3, 2006, an appeal of the Planning Commission's March 24, 2006 approval of Major Use Permit Modification P56 -020W' was filed by a-member ofthe surrounding community. On September 20, 2006 this appeal was originally scheduled for the Board of Supervisors, but was continued without hearing public testimony because a sewer agreement was required between the City of Chula Vista and the Spring Valley Sanitation District. The City of Chula Vista originally agreed to provide sewer service, however upon completion of a sewer capacity study determined that they would not be able to provide service. The Spring Valley Sanitation District reviewed the project and determined that they would be able to provide sewer service to the project site. The City of Chula Vista recently approved the agreement on March 24, 2009. Project Description/Appeal The project is a Major Use Permit Modification to authorize the expansion and modification of the existing facilities for the Church of the Good Shepherd, which opened in 1956 in Bonita. A new, 325 -seat, 6,027 square -foot, sanctuary with parking and utility improvements is proposed, as well as a cosmetic remodel to the existing facilities. In addition, a new, one -story with basement, 8,800 square -foot building to replace the existing 2,276 square -foot, southernmost classroom building is proposed. This building will be used as a classroom and for meetings and storage. Proposed uses of the site include religious studies, Sunday services, bible study, and special events. A height exception is included in the Major Use Permit Modification decision. The height exception allows an increase in height of the cross that would be located on the sanctuary from 35 feet, that is allowed by right, to a maximum height of 45 feet pursuant to Section 4620g of the Zoning Ordinance. The 3.7 -acre site is located on the south side of Bonita Road at the terminus of Willow Street and where Gevillea Way and The Hill Road split. The site is developed with a number of existing structures and facilities. r- -4- 2016 -06 -14 Agenda Packet Page 153 SUBJECT: APPEAL OF THE PLANNING COMMISSION DECISION rrO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT SAI MODIFICATION P56 -02OWI AND SEWER. CONNEC'T'ION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING AREA (District: 1). Existing mature landscaping is present throughout and surrounds the project site which obscures views onto the site from the roadways. Parking (98 spaces) is proposed on the western and southern portions of the site to accommodate the-needs of the property. (Attachment A, Planning Documentation) Proposed activities on the site include Sunday Services for up to 325 people. Current membership is 255. Services would be conducted within the proposed 6,027 square -foot sanctuary. Three services would occur on Sunday between 7:30 a.m. and 1:00 p.m. Meetings would occur four or five evenings each week and are for smaller groups of 5 to 50 people. Religious education activities would take place on Sundays beginning at 10:00 a.m. and on weeknights beginning at 7:00 p.m. in addition, a one -week summer bible school (existing) would continue. The summer bible school would take place Monday through Friday, 9:00 a.m. to 12:00 noon. Other activities include special events such as weddings (members of the congregation only) and fimerals. Sewer Agreement The owner has requested sewer service from the Spring Valley Sanitation District. As such, a sewer connection agreement between the City of Chula Vista and the Spring Valley Sanitation District is required. Based on the project's location, the property can only access Spring Valley Sanitation District trunk sewer (Outfail) indirectly by connecting to the City of Chula Vista sewer line along Bonita Road. Combined sewage from both agencies is transported through the Outfall from a point of confluence downstream of the project to the San Diego Metropolitan Sewage System for treatment per existing Agreement between the City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley, Joint System, This Agreement provides for conveyance of sewage from Chula Vista to the San Diego Metropolitan Sewerage System using Spring Valley Sanitation's District's trunk sewer (Outfall). The City of Chula Vista has been using and paying for the use of the Outfall since 1964; pursuant to agreement with the County. The Agreement, last extended on May 20, 1997, is valid through June 2013. Spring Valley Sanitation District sewer service for the project is conditioned upon annexation of the property into -the Spring Valley Sanitation District. It is also predicated upon construction by the owner of an eight -inch diameter sewer pipe to connect the property to the City of Chula Vista Bonita Road sewer line and subsequent dedication of the pipe to Spring Valley Sanitation District. --5- 2016 -06 -14 Agenda Packet Page 154 SUBJECT: APPI?.AL OF THE PLANNING COMMISSION DECISION ".I'0 APPROVE' CHURCH OF THE GOOD STIEPHERD; MAJOR USE PERMIT SAI MODIFICATION P56 -020W AND SEWER CONNECTION AGREEMENT Bl3TWECN THE CITY OF CHULA VISTA AND TIME SPRING VALLEY SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING AREA (District: 1) The City of Chula Vista is requiring a two -party agreement with the Spring Valley Sanitation District For the Church of the Good Shepherd project to connect to the City of Chula Vista Bonita Road sewer line. The Agreement between the City of Chula Vista and Spring Valley Sanitation District for a new 8 inch sewer connection from the Church of the Good Shepherd to Chula Vista's Bonita Road sewer and recorded flow adjustment has been negotiated between the two agencies to allow the project to connect to the City sewer line. The Agreement was approved by the City of Chula Vista City Council on March 24, 2009.. (Attachment R, Sewer Connection Agreement) PROJECT ISSUES: See Attachment B for more information on the Project Issues. ENVIRONMENTAL STATUS: On December 18, 2008 (Revised June 30,' 2009), a Mitigated Negative Declaration was advertised and recirculated for public review because there has been a change in the project description related to sewer service. (Attachment 1, Environmental Documentation) On December 1, 2005 (revised June 1, 2006), a Mitigated Negative Declaration was prepared and advertised for public review. PRF,VIOUS ACTIONS: See Attachment C for fisting of Previous Actions. PUBLIC INPUT: A number of letters and communications in support and opposition of the pr(�jcct are contained within Attachments "M ", "N" and. . DEPARTMENT REASONS FOR RECOMMENDATION. 1. The project site is located in the (1) Residential hand Use Designation with a density of' 1 dwelling unit per 1; 2, or 4 acres depending on slope. The project is consistent with the General Plan and the Sweetwater Community Plan because it proposes a Civic Use Type in the (1) Residential Land Use Plan Designation that allows Civic land uses. 2. The project site is located in the RR1 (Rural Residential) Use Regulation. The Religious Assemhly Use Type is allowed under Zoning Ordinance Section 2185b upon issuance of a Major Use Permit. The applicant has applied for a Major Use Permit Modification to authorize an expansion and modification of an existing Religious Assembly Use Type. Therefore, the project as proposed is consistent with the existing zoning. 2016 -06 -14 Agenda Packet Page 155 SUB -TECT: APPEAL, OF THE PLANNING COMMISSION DECISION TO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE ' PERMIT SAI MODIFICATION P56 -020W' AND SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLF1Y SANITATION DISTRICT; SWFETWA,rER COMMUNITY PLANNING AEZEf1(District: 1) 3. The project would comply with all required findings of a Major Use Permit pursuant to Section 7358 of the Zoning Ordinance as described and incorporated in the attached Form of Decision. 4. The project would comply with the CEQA and State and County Guidelines because a Mitigated Negative Declaration was prepared and advertised on December 18, 2008 (Revised June 30, 2009). Respectfully submitted, CHANDRA L. WALLAR Deputy Chief Administrative Officer -7- :016 -06 -14 Agenda Packet Page 156 SUBJECT: APPEAL OF THE PLANNING COMMISSION' DECISION TO APPROVE- CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT SAI MODIFICATION P56 -020W' AND SF.,WIsR CONNECTION AGREEMENT 1313TWEFIN, TI -lE CITY OF CHULA VISTA AND THE SPRING VAI.,I.F,Y SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING AREA (District: 1) ATTACHMENTS: Attachment A — Planning Documentation Attachment I3 — Project Issues Attachmcnt C - Previous Actions Attachment D Form of Decision Approving P56 -020W1 Attachment I7 — Dorm of Decision Approving P62 -155M' Attachment F — Form of Decision Approving P62 -155 Attachment G — Form of Decision Approving 1157 -57 Attachment H — Form of Decision Approving P56 -020 Attachment I — Environmental Documentation Attachment J — Traffic Circulation and Distribution Attachment K — Appeal Application Attachment L — Planning Commission Minutes Attachment M Public Documentation Attachment N — Responses to Recirculated MND Comments Attachment 0 Public Hearings Comments Attachment P — Ownership Disclosure Attachment Q — I..and Use Analysis Attachment R — Sewer Connection Agreement between Chula Vista and Spring Valley Sanitation District Attachment S — Appellant Drainage Studies and Correspondence Attachment']' — Project Schedule 2016 -06 -14 Agenda Packet Page 157 SUBJECT: APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PE'RMI'T' MODIFICATJON P56 -020W' AND SEWER CONNECTION AGREEMF.,NT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING ARLA (District: I ) AGENDA I'T'EM INFORMATION SHEET CONCURIWNCE(S) COUNTY COUNSEL REVIEW I.X Ycs Written disclosure per County Charter §1000.i required? 11 Yes [X] No GI OU !!0GENyC . FINANCE DIRECTOR [X]Yes [] NIA CFIIEF FINANCIAL OFFICE-1Z [X] Yes [] N/A Requires Four Votes ( I I Yes [X) No GROUWA('ENCY INFORNIAvTIION TECI- INOLOGY DIRECTOR I] Yes [XIN/A COUNTY 'TECHNOLOGY OFFICE [] Yes [X] N/A n T a DI�PARTMENT OF HUMAN RESOURCI`sS H Yes [X]iU ,` —,-., Other Conctirrence(s): n co ORIGINATING, DEPARTMENT: Department of Planning and Land Use s x' Department of Public Works o =_ 70 O L' N CONTACT PERSONN: cf' 3.- o Brian Baca Mohaniad 1=aklhrriddine Name (858)694 -3789 Phone (858) 694 -3373 Fax 0650 Mail Station brian_baca @sdcounty.ca.gov E-mail Name (858) 694 -6948 Phone (858) 26S -0461 Fax 0332 Mail Station iiiolianiad.t'ak-lirriddijie@sdcoL[rity.ca.gov E -mai I Q :] C a cn T-1 � rn nl 10016 -06 -14 Agenda Packet Page 158 SUBJECT: APPEAL OF THI PLANNING COMMISSION DECISION TO APPROVE CHURCH OF THE GOOD SHEPHERD; MAJOR USE PERMIT MODIFICATION P56 -02OW' AND SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT; SWEETWATER COMMUNITY PLANNING AREA (District: 1) AUTI- IORIZED REPRESENTATIVE: A4 L. S 1T41 'D#R, Director of DPW ' r AUTHORIZED RLPRESENTATIVE: ERIC GIBSON, Director of DPLU 06 -14 Agenda Packet Page 159 SEWAGE TRANSPORTATION AGREEMENT FOR SPRING VALLEY OUTFACE SEWERAGE SYSTEM San Diego County Sanitation District and City of Chula Vista May 2016 2016 -06 -14 Agenda Packet Page 160 16-02-53 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY. COUNCIQI ien R. GoogitK City Attorney Dated: Ck SEWAGE TRANSPORTATION AGREEMENT BETWEEN SAN DIEGO COUNTY SANITATION DISTRICT AND THE CITY OF CHULA VISTA FOR THE SPRING VALLEY OUTFALL SEWERAGE SYSTEM 2016 -06 -14 Agenda Packet Page 161 THIS SEWAGE TRANSPORTATION AGREEMENT FOR THE SPRING VALLEY OUTFALL SEWERAGE SYSTEM is made and entered into by and between the San Diego County Sanitation District, an independent sewer district formed and operating under the County Sanitation District Act, Health & Safety Code section 4700, et seq. ( "District "), and the City of Chula Vista, a municipal corporation ( "City "). RECITALS A. By virtue of a change of organization approved by the San Diego Local Agency Formation Commission ( LAFCO), effective July 1, 2010, the District is the successor agency to the Spring Valley Sanitation District ( "Spring Valley "). In accordance with the terms and conditions of the LAFCO approved change of organization and the Cortese - Knox- Hertzberg Local Government Reorganization Act of 2000, California Government Code section 56000, et seq., the District took ownership of all property formerly owned by Spring Valley and is the successor in interest of Spring Valley to all contracts to which Spring Valley was a party. B. District owns, operates and maintains the Spring Valley Outfall Sewerage System ( SVOSS) for the purpose of collecting and transporting sewage from the District and certain other municipalities and districts to the City of San Diego's Metropolitan Sewerage System (hereinafter "Metro System ") for treatment and disposal. The SVOSS includes the Spring Valley Outfall Sewer, as well as several other upstream trunk sewers that connect to the outfall. The outfall sewer is a segment approximately 8.7 miles long located within the Sweetwater River Basin that runs from the intersection of Jamacha Boulevard and Sweetwater Road in Spring Valley, to a point of connection with the Metropolitan Sewerage System located near the junction of Interstate 5 and State Route 54. Connecting to the easterly (upstream) terminus of the outfall sewer, are several District owned and operated feeder trunk sewers that extend northerly into the communities of La Mesa and Lemon Grove, and easterly to the community of Rancho San Diego. The trunk sewers that connect with the outfall sewer and are part of the SVOSS include, but are not limited to: Trunks A, B, C, E, EII, Broadview, Central, and Jamacha. C. District constructed portions of the SVOSS with the proceeds of revenue bonds issued pursuant to Chapter 5, Part 3, Division 5 (Sections 4950, et seq.) of the Health & Safety Code of the State of California. In accordance with this law, the District adopted Ordinance Nos. 5 and 6 on May 15, 1962. In accordance with Section 51 of Ordinance No. 6 and Covenant No. 8 of Section 20 of Ordinance No. 5 and Health & Safety Code section 5060, the District may lease capacity rights in the SVOSS for a term of up to 15 years as long as there is sufficient capacity and the lease will not impair the usefulness of the SVOSS. D. City owns, operates and maintains portions of a sewerage system within the Sweetwater Basin for the purpose of collecting and transporting sewage from the northerly portions of the City and certain other districts to the Metro System via the SVOSS. City has Sewage Transportation Agreement Page 1 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 162 leased transportation capacity in the SVOSS since May 9, 1964. The most recent lease agreement entitled "Agreement between the City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley Joint System" dated May 20, 1997 expired on June 30, 2013 (hereinafter "Lease Agreement ") District finds that City may again lease capacity rights in the SVOSS without impairing its usefulness. E. It is recognized that there exists certain additional agreements between the parties hereto related to the transportation of sewage that ultimately flows through the SVOSS. These agreements include the following "Agreement between the City of Chula Vista and Spring Valley Sanitation District for the Connection of City's Proctor Valley Road Sewer to District's Frisbie Trunk" dated July 20, 1999; and 2. "Agreement Between the City of Chula Vista and Spring Valley Sanitation District for a New 8" Connection from the Church of the Good Shepard to Chula Vista's Bonita Road Sewer and Recorded Flow Adjustment" dated March 24, 2009. F. This Sewage Transportation Agreement for the SVOSS between the San Diego County Sanitation District and the City of Chula Vista shall override, supersede and replace the two (2) existing agreements aforementioned in Recital Section E. G. The District and City are parties to the "Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System" filed on May 18, 1998 as Document No. 00 -18517 with the City Clerk of the City of San Diego (hereinafter "Regional Wastewater Disposal Agreement "). In accordance with the Regional Wastewater Disposal Agreement, the District and City have the right to discharge wastewater up to established limits into the Metro System, herein after referred to as "Metro Capacity Rights ". The District and City are agreed that: 1) all sewage originating in the City or from territory within the City's sphere of influence which is ultimately discharged into the Metro System through the SVOSS shall be charged against the City's Metro Capacity Rights and that 2) all sewage discharged into the SVOSS from territory served by the District shall be charged against District's Metro Capacity Rights. H. The primary purposes of this agreement are to: 1) establish the rights, privileges and duties of the parties concerning the use of the SVOSS by the City; 2) allow for the construction and maintenance of connections to the SVOSS by City; 3) specify the area within the City to be served by the SVOSS; 4) set standards regarding waste characteristics; 5) establish lease, fees and charges and the methods for determining them; and 6) establish discharge capacity limitations consistent with the Regional Wastewater Disposal Agreement for each agency. Sewage Transportation Agreement Page 2 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 163 AGREEMENT NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, District and City agree as follows: ARTICLE 1 - DEFINITIONS The singular of each defined term includes the plural. For the purposes of this agreement, the following definitions apply: District Sewerage System means District's wastewater collection system, which consists of pipelines and pump stations, that collects wastewater within Spring Valley and from other authorized agencies and conveys it to the Metropolitan Sewerage System for treatment and disposal via the District's SVOSS. Unless the context specifically requires a different interpretation, the term District Sewerage System as used in this agreement is synonymous with the term Spring Valley Outfall Sewerage System or SVOSS. District Sewerage Svstem Facility means each element of the District Sewerage System used or useful for the transportation of sewage, including but not limited to transmission lines, force mains, trunk sewers, interceptors, and pump stations. Best Management Practices means an engineered structure, management activity, or a combination thereof, that eliminates or reduces an adverse environmental effect of a pollutant. Capital Improvement Proiect (herein referred to as "CIP ") means those items and activities required by sound engineering and best management practices, including but not limited to acquisition, planning, design, financing, and construction, for any one or more of the following purposes: 1) to alter, change or modify the hydraulic capacity of any part or whole of the District Sewerage System; 2) to improve the function and performance of any part or whole of any portion of the District Sewerage System; 3) to add new facilities to the District Sewerage System for the purpose of altering, changing, or modifying the hydraulic capacity, or improving the function and performance of the system; or 4) to perform a major repair or major replacement of any existing District Sewerage System facilities. Capital Improvement Proiect Cost means costs associated with a Capital Improvement Project. City's Tributary means City areas where wastewater flows are conveyed to the District Sewerage System, and measured using either flow meters or house -count areas. The authorized City's Tributary pursuant to this agreement is delineated in Exhibit A, and Exhibits B -1 through B -6. The City's Tributary, is conveyed to the Metropolitan Sewerage System for treatment and disposal via the District's SVOSS. Capacity Limitations means the amount of sewage allowed under this agreement to discharge into those portions of the District Sewerage System, up to the limits set forth in Article 3 of this agreement. These limitations are separate and distinct from Metro Capacity Rights as referenced in the Regional Wastewater Disposal Agreement. Sewage Transportation Agreement Page 3 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 164 Design Capacity means the maximum flow which can be conveyed through a pipe segment when the ratio of depth of the flow to the diameter of the pipe segment (d /D) equals 75% for pipe segment 18 inches or greater, or 50 % for pipe segment 15 inches or smaller. In the case of a pump station, design capacity means the maximum flow that can be pumped using the main pumps, excluding the backup pumping capacity. Fiscal Year means the period from July 1 through June 30. Flow means the amount of wastewater produced by customers, and including inflow and infiltration, which is discharged into the District Sewerage System by City or any other authorized agency. Flow may be expressed in million gallons per day (MGD). Infiltration means water other than wastewater produced by customers that enters a sewerage system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections or manhole structures (excluding the manhole cover). Infiltration does not include, and is distinguished from, inflow. In ow means water other than wastewater produced by customers that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. LAFCO means the San Diego Local Agency Formation Commission. Metropolitan Sewerage System (previously defined as the Metro System) means those City of San Diego facilities and contract rights to facilities which are described in the Regional Wastewater Disposal Agreement, as may be amended. Operation and Maintenance (herein referred to as "O & M ") means those items and activities required by sound engineering and best management practices to maintain the hydraulic capacity, function, and performance of the District Sewerage System or Metro System. Operation and Maintenance Costs means the costs of operation and maintenance including, but not limited to, annual costs associated with administration, operation, maintenance, replacement (non -CIP), annual premiums, claims payments and claims administration, and overhead. Parties means District and City. Regional Wastewater Disposal Agreement means the "Regional Wastewater Disposal Agreement between San Diego and the Participating Agencies in the Metropolitan Sewerage System," Document No. 00- 18417, filed May 18, 1998, with the Clerk for the City of San Diego as may be amended or replaced. Sewage means wastewater and its commonly constituent substances. Sewage Transportation Agreement Page 4 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 165 Sewage Transportation Service means the transportation of sewage from the point of discharge into the District Sewerage System to the Metropolitan Sewerage System. Spring Valley Outfall Sewerage System (herein referred to as " SVOSY') means the Spring Valley Outfall Sewer and several upstream trunk sewers connected to the outfall, including but not limited to what is named by the District as Trunks A, B, C, E, EII, Broadview, Central, and Jamacha. Transportation Charge means the amount paid to the District for City's transportation of flow in the District Sewerage System. This charge includes operation and maintenance costs but does not include capital improvement project costs. Unit Transportation Rate means the amount per unit distance (mile) of length of gravity sewer charged for sewage transportation service. ARTICLE 2 - OWNERSHIP AND OPERATION OF THE DISTRICT SEWERAGE SYSTEM 2.1 Rights of the Parties. All decisions with respect to the planning, design, construction, operation and maintenance of the District Sewerage System shall rest with the District. This agreement provides City with a contractual right to use the SVOSS included within the District Sewerage System as set forth in this agreement. 2. 1.1 Change in Ownership. Subject to the terms of this agreement, and in conformance with all applicable laws, District may transfer ownership of all or part of the District Sewerage System at any time. District shall not transfer or agree to transfer any part of the SVOSS transporting sewage from the City's Tributary without reserving City's rights granted by this agreement. In the event of a transfer, District's successor(s) in interest shall be bound by the terms of this agreement. 2.1.2 Assignment of Rights. Subject to the terms of this agreement, City may transfer or assign its rights and obligations under this agreement. Any such transfer must first, however, be approved in writing by District's Engineer. City may not transfer its rights if District determines, after consultation with City, that the proposed transfer will adversely impact District's ability to operate the District Sewerage System or violate or potentially violate the Regional Wastewater Disposal Agreement. 2.2 Duties of District. District shall operate and maintain the SVOSS in an efficient and economical manner, and maintain it in good repair and working order, all in accordance with recognized sound engineering and best management practices. District shall comply with all applicable laws, rules and regulations. 2.3 Duties of City. City shall maintain connections and discharge sewer flows into the SVOSS in accordance with this agreement, the Regional Wastewater Disposal Agreement, District ordinances, resolutions, rules and regulations, including Ordinance No. 10423 of the San Diego County Sanitation District Establishing Provisions for the Use of District Sewerage Facilities. , Sewage Transportation Agreement Page 5 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 166 and all applicable State and federal laws, rules, and regulations. Continued City connection and use of the SVOSS shall be subject to the following: 2.3.1 Connections. City, at its sole expense, shall construct, install, maintain, repair, replace and reconstruct all connections and appurtenances to the SVOSS installed or constructed by City under the terms of this agreement. The location, installation, construction, repair (except emergency repairs, which may following the repair, be made to conform to District standards), replacement and reconstruction of each and every such connection and appurtenance shall be in accordance with the standards of the agency in which such connection will occur, District design standards, Standard Specifications for Public Works Construction and San Diego County Regional Standard Drawings. In addition, connection fees shall be in the amount charged by such agency at the time the permit for such connection is issued. 2.3.2 Mapped Service Area. The City's Tributary mapped on Exhibits A, and B -1 through B -6 shall be the only City area served by connections to the SVOSS. In no event shall City allow areas not depicted on these exhibits to be served using the SVOSS. Subject to the limitations hereinafter set forth, the City may request expansion of the area served. Expansion of the area served (City Tributary) may be accommodated by the District as long as there is sufficient capacity and the additional flow will not impair the usefulness of the SVOSS. Expansion of the City's Tributary would require amendment of this agreement, as well as production of amended Exhibits. a) Area to be Served. Only those areas within the City's Tributary as shown on the exhibits, as amended from time to time, and located within the City or annexed to the City by LAFCO action, shall be eligible to be served by District's Outfall Sewer. Notwithstanding the foregoing, the District may temporarily serve areas outside City boundaries but within the City's sphere of influence or for other purposes within the scope of California Government Code section 56133 as the same may be amended from time to time. Temporary service shall be subject to the prior written approval of the District's Engineer, which approval shall specify the area and duration of the temporary service. 2.3.3 Traps and Dissipaters. After consultation with District, City may be required to install "filters" such as screens, debris traps or energy dissipaters at or near sites connecting to the SVOSS. When required, District shall request the installation in writing and allow a minimum of 120 days for installation after the initial request is made. Installation of filters including planning, design, construction, operation and maintenance will be the sole responsibility of the City. 2.3.4 Odor Control. If District determines that flow from City is causing unreasonably high concentrations of hydrogen sulfide gas in the SVOSS, or is a source of unreasonably noxious odors, City shall take reasonable steps within the City sewer system to eliminate such concerns, such as pre- treating the flow with chemicals to reduce the formation of hydrogen sulfide. Sewage Transportation Agreement Page 6 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 167 2.4 Funding Obligations. Nothing in this Section or in this agreement shall obligate District to make any payment for the acquisition, construction, maintenance or operation of the District Sewerage System, and in particular the SVOSS, from monies derived from taxes or from any income and revenue of District other than monies in, or sewer revenues which go into, the operating fund for the District Sewerage System, and from construction funds derived from the sale of sewer revenue bonds or other sources of sewer funding for the District Sewerage System as are duly authorized. Nothing in this Section, however, or in this agreement shall prevent District, in its discretion, from using tax revenues or any other available revenues or funds of District for any purpose for which District is empowered to expend monies under this agreement. 2.5 Financial Statements. District shall keep appropriate records and accounts of all costs and expenses relating to the collection and conveyance of sewage and the acquisition, planning, design, construction, administration, monitoring, and operation and maintenance of the SVOSS. 2.5.1 Right to Audit. Upon written request, said records and accounts shall be subject to reasonable inspection by any duly authorized representative of City, at City's sole expense. City may audit these records for a three fiscal year period previous to its request, at its sole expense. 2.5.2 CAFR. District shall make its Comprehensive Annual Financial Report as it relates to the SVOSS available to City. 2.6 Limitations on Type and Condition of Sewage. City shall not discharge or allow to be discharged, any sewage or wastes into the SVOSS which do not meet the standards established by District ordinances, resolutions, rules and regulations and the Regional Wastewater Disposal Agreement. City shall also comply with all applicable statutes, rules and regulations of all agencies of the United States of America, including the Environmental Protection Agency, the State of California, any agencies of the State of California, and the City of San Diego having jurisdiction over the collection, transmission, treatment and disposal of sewage and other wastes in the SVOSS. City shall regulate and prohibit the discharge into any sewer line connected to and served by the SVOSS of sewage and wastes which do not meet the quality and standards established by District. 2.6.1 Excessive Inflow or Infiltration. City shall not allow, to the extent practicable, excessive inflow and infiltration to be discharged into the SVOSS from any City sewer system or facilities. For purposes of this Section, "excessive" means any amount that causes the City to exceed the capacity limitations set forth in Article 3. 2.6.2 Compliance with Laws. City shall not allow, to the extent practicable, the discharge of any waste, pollutant, inflow, or infiltration into the SVOSS that is prohibited by ordinances, resolutions, rules, or regulations of the United States of America, including the Environmental Protection Agency, the State of California, District, City of San Diego, or other local agency having jurisdiction over the collection, transportation, treatment and disposal of sewage and other wastes in the SVOSS. City shall not discharge sewage into the SVOSS in a manner that would violate the Regional Wastewater Disposal Agreement. Sewage Transportation Agreement Page 7 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 168 2.6.3 Enforcement Actions. If a regulatory agency with appropriate jurisdiction imposes any penalty or takes other enforcement action related to the transportation of sewage or other matter in or from the SVOSS, District shall determine, in active consultation with impacted parties, whether District, City, or any other authorized agency caused or contributed to such penalty or enforcement action. Based on this determination, District shall allocate the penalty or other relief, including the cost of defense, to the party or parties responsible. Each responsible party, whether District, City, or another authorized agency, shall pay its share of the penalty or other relief, and any costs of defense as reasonably determined by District in active consultation with impacted parties. If District cannot make an allocation based on responsibility, the cost of the penalty or other relief shall be shared by District, City, and any other authorized agency involved based proportionately on their respective average daily flow into the SVOSS. In no event shall District allocate costs attributable to District or another authorized agency to City. 2.7 District Connection To City System for Church of Good Shepherd Property. The District maintains an 8" diameter pipe ( "Pipe ") that conveys wastewater flows from the Church of the Good Shepherd ( "Church "), located in an unincorporated portion of the County of San Diego, specifically 3990 Bonita Road, Bonita, CA, Assessor Parcel Nos. 591- 252 -21, 592- 606 -28, and 592- 606 -67, to a point of connection with a City sewer line, depicted on Exhibit B -6 hereto ( "Connection "). The City sewer line then conveys the Church flows from the City to the SVOSS. The Pipe, the Connection and the flows from the Church of the Good Shepherd were all subjects of an agreement between the City, the District, and the Church dated March 24, 2009 ( "Good Shepherd Agreement "). The Good Shepherd Agreement granted the County the right to discharge up to 2120 gallons per day into the City sewer line. The County shall be allowed to continue to transport flows from the Church of the Good Shepherd through the City sewer line to the SVOSS; provided, the flows do not exceed 2,120 gallons per day. In addition, all flows from the 8" pipe shall conform to the requirements of this agreement otherwise applicable to City flows through the SVOSS with the addition that District flows shall also be required to comply with any applicable City ordinances or policies. Additionally, District shall pay an annual transportation charge and a portion of any necessary capital improvement charges attributable to its use of City's pipe all to be calculated and billed in a manner consistent with the terms of this agreement applicable to the calculation, allocation and billing of these same types of charges. It is the intent of the parties that unless modified herein the rights and duties of the parties as established by this agreement be read, with regard to the City's continued transportation of flows from the Church of the Good Shepherd, so that City assumes District responsibilities and vise - versa and that the SVOSS be interpreted to mean the City sewer pipe transporting District flows up to 2,120 gallons per day from the point of connection with the 8" District line to the SVOSS. This section applies only to the City's continued transportation of District flows from the Church of the Good Shepherd through its pipe segment. 2.8 City Use of Frisbie Trunk Sewer. City conveys flows from incorporated City properties to the District's Frisbie Trunk line at the location depicted on Exhibit B -5 hereto. This line is considered to be a part of the SVOSS and is otherwise subject to the terms of this agreement. The Frisbie Trunk line is a 1.8 mile, 15 inch diameter pipe. Sewage Transportation Agreement Page 8 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 169 ARTICLE 3 - CAPACITY LIMITATIONS 3.1 City's Tributar. The City's Tributary is illustrated in Exhibit A, and Exhibits B -1 through B -6. The tributary includes both metered and un- metered /house count areas. 3.2 City's Tributary Limits. For the purposes of this agreement, "peak flow" shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in cubic feet per second (cfs). During the terms of this agreement, City shall have the right to discharge peak flow into the District's outfall sewer not to exceed 17.64 cfs (11.40 million gallons per day (mgd)), and the District shall have the obligation to receive such peak flow from City. City's discharge of sewer flows into any sewer line(s) feeding into the outfall sewer shall not exceed the Design Capacity of the feeding sewer line(s). If at any time prior to expiration of this agreement, the City's peak tributary flows to the outfall sewer reach 14.11 cfs (80% of the capacity limit) or any flows to a sewer line(s) feeding the outfall sewer are likely to cause or contribute to an exceedance of the Design Capacity of the sewer line(s), the City shall notify District that flows are approaching the allowed limit. Upon reaching 14.11 cfs to the outfall sewer or the Design Capacity of a sewer line(s) feeding into the outfall sewer, the City must submit a plan addressing what will be done to provide increased capacity or reduce flow into the SVOSS to ensure the City's Tributary flow does not exceed the authorized limits. City may also request that District consider execution of an amendment to this agreement to authorize flows that could exceed the capacity limits for any period of time. The District will make the final determination as to whether flows that exceed the capacity limits can be received by the SVOSS and whether any improvements or other actions are needed prior to authorizing execution of an amendment to this agreement allowing the additional flow. 3.3 Requests for Additional Discharge Capacity in Excess of City's Tributary Limits. The decision of whether to allocate additional discharge capacity to City in excess of City's Tributary Limits shall be at the sole discretion of District. City agrees to submit a written request to District to obtain the additional capacity needed in accordance with the procedures set forth in this agreement. In the event discharge capacity is requested for areas outside the City's Tributary as identified on Exhibit A, and Exhibits B -1 through B -6 to this agreement, City shall seek to amend this Sewage Transportation Agreement and associated exhibits. 3.4 Transfers of Discharge Capacity. City may buy, sell or exchange all or part of its discharge capacity provided that District shall be notified prior to any transfer and approved in writing by the District's Engineer. No sewerage capacity may be transferred if District determines, after consultation with City, that said transfer will adversely impact District's ability to operate the District Sewerage System, SVOSS or comply with the Regional Wastewater Disposal Agreement. Sewage Transportation Agreement San Diego County Sanitation District Page 9 City of Chula Vista 2016 -06 -14 Agenda Packet Page 170 ARTICLE 4 - MONITORING 4.1 Flow Monitoring Devices. If at any time during the term of this agreement it is deemed necessary or desirable by District to measure all or a portion of the flow from City's Tributary, the District shall make written demand on City that City install any and all such meters as District deems necessary or desirable. Within 365 days after receipt of such demand, City shall at its sole expense, install such meters at the locations specified by District. Said meters and installation shall respectively be of the American Digital System (ADS) type and installed at such locations and in a manner approved by District's Engineer. At its own discretion and upon written approval by the District's Engineer, City may install meters in lines maintained by the District or the City to measure all or a portion of the sewage discharged into the SVOSS from City connections to the SVOSS. 4.2 Equipment Maintenance and Reporting. City shall operate, maintain, manage and control the flow monitoring device(s) installed to monitor its flows into the SVOSS in an efficient and economical manner and preserve them in good repair and working order, all in accordance with recognized and sound engineering practices. City shall ensure that flow data information obtained from such meters is available to the District through direct computerized flow monitoring such as the Intelli -Serve Website for ADS meters. From time to time, the District may at its own discretion conduct capacity measurements to determine actual peak and average daily flows through direct computerized flow monitoring. The results of these measurements may be used to verify, or to cause City or City's agents to restore, the accuracy of the meters installed by City. ARTICLE 5 - TRANSPORTATION CHARGES 5.1 Operation and Maintenance. The SVOSS shall be maintained by District in good repair and working order in accordance with sound engineering practices. Keeping the SVOSS in good working order requires routine cleaning, inspection; and minor repairs, replacements, and reconstruction; as well as unanticipated minor emergency work. These kinds of District activities are considered O &M, and the cost of these activities, as well as associated administrative and overhead costs shall be included in the SVOSS Transportation Charge. Capital improvement charges, as described in Article 6, are separate and distinct from transportation charges. 5.2 Transportation Charges. Transportation charges are used to allocate a portion of the O &M for the SVOSS to City to account for its percentage of use of the facility. The transportation charge shall be charged at a unit transportation rate, expressed in terms of dollars per million gallons per day of flow by length of sewer used in miles ($ /mg— mile). The unit transportation rate shall be equal to the current City of San Diego Municipal Transportation Charge imposed on participating agencies that transport sewage through the City of San Diego Municipal Sewerage System pursuant to separate transportation agreements between the City of San Diego and several participating agencies. The unit transportation rate shall be adjusted annually in accordance with Section 5.3 below. Sewage Transportation Agreement Page 10 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 171 The transportation charge effective July 1, 2016 through June 30, 2017 imposed by the City of San Diego on participating agencies is $7.09 per mg -mile. This rate is adjusted each fiscal year by the City of San Diego. If the City of San Diego fails to increase the rate, District may increase the rate as reasonably necessary to ensure full cost recovery for the operation of the SVOSS. The City's Total Tributary flows expressed in terms of mg -mile will be determined by the District using metered and un- metered /house count areas. 5.3 Annual Adjustment of Unit Transportation Rate. The unit rate is adjusted by the City of San Diego annually for inflation in accordance with the United States Department of Labor, Bureau of Labor Statistics Data (website: http: / /bls.gov /data/, Series Report: cuusa424sa0). for the most recent year ending December 31. Revised rates shall take effect July 1 of the following year. 5.4 Annual Adjustments of Apportioned Flows. The City's Tributary flow will be updated annually by the District. 5.5 Billing. District shall bill City on an annual basis for transportation charges. Payment shall be made by City to District within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days thereafter. Late payments shall accrue interest at a rate of ten (10) percent per annum. 5.6 Payment Disputes. No payment shall be withheld by City because of a dispute as to its amount. Disputed payment shall be made with a notation as to the portion in dispute. Payment disputes shall be resolved pursuant to the dispute resolution procedure set forth in this agreement. Any amount determined to have been improperly allocated to City resulting in an overpayment shall be adjusted by District as a credit to the next invoice following such determination. In the event that the improper allocation to City resulted in an underpayment, such amount shall be adjusted by District as a debit to the next invoice following such determination. ARTICLE 6 - CAPITAL IMPROVEMENT CHARGES 6.1 Capital Improvement Projects. Capital Improvement Projects as defined in this agreement, include major repairs, major replacements or reconstruction, and other non - routine activities to improve or modify hydraulic performance of the SVOSS. Activities associated with capital improvement projects are separate and distinct from those associated with the O &M activities of Article 5. District and City are obligated to pay for capital improvement projects for the SVOSS that are needed to maintain existing capacity requirements or to provide new capacity under the terms below; provided, however, that the decision whether or not to construct a capital improvement project shall be at the sole discretion of District. Sewage Transportation Agreement San Diego County Sanitation District Page 11 City of Chula Vista 2016 -06 -14 Agenda Packet Page 172 6.2 Capital Improvement Charges. District will charge City for its proportionate share of CIP cost based on the City's percentage of flow in the particular SVOSS "reach" of trunk or outfall sewer pipe being improved. 6.3 Capital Improvement Charges for Increased Capacity. The costs associated with any improvements for additional capacity to accommodate growth will only be charged proportionately to agencies requiring or requesting the additional capacity. Improvements that add capacity to accommodate growth from areas outside the City's Tributary will not be charged to the City unless needed to serve City territory. However, if a project includes increased capacity in order to meet current design and engineering standards, those costs will be shared among all of the agencies that utilize the pipe in proportion to their percentage of flow in the pipe. 6.4 Annual Adjustments to Flow Percentages. The flow percentages will be updated annually by the District. The flow percentages include both metered and un- metered house -count areas as described in the Exhibits. 6.5 Billing. District shall bill City on an annual basis for capital improvement charges. Payment shall be made by City to District within thirty (30) days of receipt of the billing and shall be considered delinquent fifteen (15) days thereafter. Late payments shall accrue interest at a rate of ten (10) percent per annum. ARTICLE 7—CHARGE AGAINST CAPACITY RIGHTS IN METRO SYSTEM 7.1 Allocation of Capacity. All sewage discharged into the SVOSS through City's connections, with the exception of any discharges conveyed from District customers by City pursuant to transportation agreements with District, and thereafter discharged into the Metro System, and all Infiltration and Inflow allocable to City, shall be charged against City's capacity rights in and to the Metro System as such rights have been determined pursuant to the Regional Wastewater Disposal Agreement. ARTICLE 8 – DURATION OF AGREEMENT 8.1 Effective Date. This Agreement shall become effective immediately upon execution by District and City. 8.2 Term of Agreement. Subject to the rights and obligations set forth in Sections 9.1 below, this agreement shall commence on July 1, 2016 and expire fifteen (15) years thereafter on June 30, 2031 or upon the earlier expiration or termination of the Regional Wastewater Disposal Agreement. Any outstanding obligation of City to pay its proportionate share of capital improvement project costs and such other costs addressed by Section 6.3 shall survive termination of this agreement. Sewage Transportation Agreement San Diego County Sanitation District Page 12 City of Chula Vista 2016 -06 -14 Agenda Packet Page 173 8.3 Extension of Agreement. Subject to District's determination that there is sufficient capacity in the SVOSS and that extension will not impair the usefulness of the SVOSS and upon one (1) year's written notice from City, this agreement is subject to extension as a new lease of facilities for the remaining term of the Regional Wastewater Disposal Agreement in 15 year intervals or such shorter term as may be necessary for the last extension to remain within the termination date of the Regional Wastewater Disposal Agreement. 8.4 Contract Termination. If in the future, City is able to obtain alternate sewage transportation services, City may divert some or all of its flow from the SVOSS pursuant to this agreement. This agreement shall terminate if for any reason City's committed capacity in the SVOSS is entirely extinguished. 8.5 Abandonment. District may cease operation and maintenance of all or part of the SVOSS upon delivery of notice to City ten (10) years in advance of said abandonment. Upon notice by District to abandon the SVOSS, the parties shall meet and confer over the nature and conditions of such abandonment. In the event the parties cannot reach agreement, the matter shall be resolved pursuant to the dispute resolution procedure set forth in this agreement. In the event of abandonment, District shall retain ownership of all SVOSS assets free from any claim of City. 8.6 Restoration Following Expiration or Termination. Should the agreement not be extended or City's contract capacity in the SVOSS be entirely terminated, City shall have up to three (3) years or such shorter period as is necessary to comply with Health & Safety Code section 5060, from the expiration of the lease right or termination to provide for removal of all connections and appurtenances to the SVOSS to the satisfaction of District and provide for alternative transportation of sewer flows. In no event shall the three (3) year period be applied in a manner that would result in a total lease term in excess of fifteen (15) years. If, for example, the lease terminates at the end of the fifteen (15) year term and a new lease is not issued, City would be required to immediately remove all connections and appurtenances. ARTICLE 9 INTERRUPTION OF SERVICE 10.1 Interruption of Service. In the event of an interruption of SVOSS service to City as a result of disaster, operation of State or Federal law, discontinuance or interruption of service to the District of the Metro System, or any other cause beyond the reasonable control of District, District shall bear no liability and shall be held free and harmless by City from any claims and liabilities for any injury to or damage to any person or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by City as a result of such interruption of service. ARTICLE 10 - DISPUTE RESOLUTION 10.1 Application. This Article shall govern all disputes arising out of this agreement. 10.2 Mediation. Upon delivery of a written request for mediation to the other party involved, any dispute concerning this agreement may be submitted to a mutually acceptable mediator. The Sewage Transportation Agreement Page 13 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 174 decision of the mediator shall not be final or binding unless otherwise agreed to in writing by the parties. 10.2.1 Condition Precedent to Litigation. Mediation shall be required before either party may proceed to litigation or any other method of dispute resolution. If a mediation session has not been held within ninety (90) days after written request for mediation has been received by either party, the party requesting mediation may proceed to litigation unless the period for mediation has been extended by mutual written agreement between the parties. 10.2.2 Costs. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 10.2.3 Evidence. All mediation proceedings, results and documentation, shall be non- binding and inadmissible for any purpose in any legal proceeding (pursuant to California Evidence Code Sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. 10.3 Performance Required During Dispute. Nothing in this Article shall relieve either District or City from its obligation to perform all of their obligations under this agreement. District and City shall be required to comply with this agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this agreement. ARTICLE 11 —INDEMNITY 11.1 City Indemnity. City shall defend and save and hold free and harmless the District, its directors, agents, officers and employees from any claim, liabilities, costs, penalties or fines for injury to or damage to any person or property, regulatory or other enforcement actions, or for death of any person arising from or out of any act or omission of City, its council members, agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement or reconstruction of any sewer connections or appurtenances to the SVOSS, including without limitation any sewer flow meters, or as a result of any sewer discharges into the SVOSS that violate this agreement. 11.2 District Indemnity. District shall defend and save and hold free and harmless the City, its council members, agents, officers and employees from any claim, liabilities, costs, penalties or fines (collectively "claims ") for injury to or damage to any person or property, regulatory or other enforcement actions, or for death of any person arising from or out of any act or omission of District, its Board members, agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement or reconstruction of the SVOSS but specifically excluding, without limitation, any claims resulting Sewage Transportation Agreement Page 14 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 175 from interruptions of service addressed by Article 9 or a force majeure event addressed in Section 12.1. ARTICLE 12 — GENERAL PROVISIONS 12.1 Force Majeure. In the event performance under this agreement is delayed due to causes which are outside the control of the parties and their agents, and could not be avoided by the exercise of due care, which includes but is not limited to war, terrorist attack, act of God, government regulations, labor disputes, strikes, fires, floods, adverse weather, or inability to obtain materials, labor or equipment, both parties will be entitled to an extension in time of performance equivalent to the length of delay. 12.2 Governing Law. This agreement is intended to be construed pursuant to the laws of the State of California. In addition, parties agree that this agreement has been entered into in San Diego County and concerns subject matter located in San Diego County. 12.3 Notices. All notices required to be given under this agreement must be in writing and either served personally or mailed by certified mail, return receipt requested to: San Diego County Sanitation District c/o Director of Public Works 5500 Overland Avenue, Suite 315 San Diego, CA 92123 City of Chula Vista c/o Director of Public Works 276 Fourth Avenue Chula Vista, CA 91910 12.4 Waiver of Breach. No failure of either District or City to insist upon strict performance by the other of any covenant, agreement, term or condition of this agreement, or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this agreement, but each and every covenant, condition, agreement and term of the agreement shall continue in full force and effect without respect to any other then existing or subsequent breach. 12.5 Exhibits. This agreement references and incorporates herein the exhibits listed below. Exhibits A and Exhibits B -1 through B -6. Electronic masters of these exhibits are located in the District offices. Exhibit A Exhibit B -1 Exhibit B -2 Sewage Transportation Agreement San Diego County Sanitation District 2016 -06 -14 Agenda Packet City Tributaries & Trunk Lines Interagency Connections — Western Portion Interagency Connections — Central Portion Page 15 City of Chula Vista Page 176 Exhibit B -3 Interagency Connections — Eastern Portion Exhibit B -4 Interagency Connections — Acacia Avenue Exhibit B -5 Interagency Connections — Proctor Valley - Frisbie Trunk Exhibit B -6 Interagency Connections — Church of the Good Shepard 12.6 Additional Exhibit Information. Each agency's sewer mains are uniquely colored on the exhibits. For purposes of this agreement, it is understood by both Parties, that the sewer mains shown in "red" are owned, operated, and maintained by the City of Chula Vista. The sewer mains shown in "green" are owned, operated, and maintained by the District. Exhibit B -4 (Acacia Avenue) - is intended to delineate the configuration of two parallel sewer mains within Acacia Avenue, as well as illustrate each agencies tributary and points of connection. These sewer mains receive sewer flows from Chula Vista developments — including Bonita Ridge Estates and Bonita Long Canyon Estates. They also receive flow from District customers that abut Acacia Avenue and areas north of Acacia Avenue. The rights and obligations of City and District regarding the Acacia Avenue sewer facilities shall continue to be governed by that certain "Agreement between the City of Chula Vista and the Spring Valley Sanitation District of the County of San Diego for the Maintenance, Operation and Use of a Sewer in Acacia Avenue and Replacing Agreement for the Construction, Operation and Use of a Sewer in Acacia Avenue and Palm Drive" dated February 13, 1996. Sewer service charges for the transportation of City flows from the City's Acacia Avenue sewer facilities shall be calculated in accordance with this agreement, but shall be subject to adjustment in accordance with Section 9 of the Acacia Avenue agreement for any sewer flows transported by City originating from District customers. Exhibit B -5 (Proctor Valley - Frisbie Trunk) - is intended to delineate the configuration of the sewer main within Proctor Valley Road and how it connects with the District's Frisbie Trunk Sewer. It also illustrates each agency's tributary and points of connection. Exhibit B -6 (Church of the Good Shepard) - is intended to illustrate how District customer (Church of the Good Shepard) connects with Chula Vista sewer main within Bonita Road /Willow Street. District flows (approximately 8 edu) into City sewer line for a distance of approximately 200 feet before discharging into the Spring Valley Outfall. 12.7 Amendment of Agreement. Except as provided in this agreement, and recognizing that changes to unit transportation rates, proportionate percentages of flow and associated capital improvement charges, and modifications to exhibits are ministerial, this agreement may be amended or supplemented only by a mutual agreement in writing between District and City stating the parties' intent to amend or supplement the agreement. Sewage Transportation Agreement San Diego County Sanitation District Page 16 City of Chula Vista 2016 -06 -14 Agenda Packet Page 177 12.8 Drafting of Agreement. It is acknowledged that District and City, with the assistance of competent counsel, have participated in the negotiation of this agreement and that any ambiguity should not be construed for or against either District or City. 12.8.1 Understanding of Intent and Effect of Agreement. The parties expressly declare and represent that they have read the agreement and that they have consulted with their respective counsel regarding the meaning of the terms and conditions contained herein. The parties further expressly declare and represent that they fully understand the content and effect of this agreement and they approve and accept the terms and conditions contained herein, and that this agreement is executed freely and voluntarily. 12.9 Integration Clause. District and City represent, warrant and agree that no promise or agreement not expressed herein has been made to them, that this agreement contains the entire agreement between the parties, that this agreement supersedes any and all prior agreements or understandings between the parties, and that the terms of this agreement are contractual and not a mere recital; that in executing this agreement, neither party is relying on any statement or representation made by the other party, or the other party's representatives concerning the subject matter, basis or effect of this agreement other than as set forth herein; and that each party is relying solely on its own judgment and knowledge. 12.10 Third Party Beneficiaries. This agreement does not confer any rights on any person who is not a party to this agreement, and any third party beneficiaries are hereby expressly disclaimed. 12.11 Successors in Interest. This agreement shall be binding upon and shall inure to the benefit of both District and City, and each of its respective successors, assigns, trustees or receivers. 12.12 Severability. Should any provision of this agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this agreement, but, rather, the agreement shall be construed as if it did not contain the invalid or illegal provision, and the rights and obligations of the parties shall be construed and enforced accordingly, except to the extent that enforcement of this agreement without the invalidated provision would materially and adversely frustrate either or both parties' essential objectives set forth in this agreement. 12.13 Headings. All Section headings are for convenience only and shall not affect the interpretation of this agreement. 12.14 Signature Authority. Each party represents and warrants that its respective obligations herein are legal and binding obligations of such party, that each party is fully authorized to enter into this agreement, and that the person signing this agreement hereinafter for each party has been duly authorized to sign this agreement on behalf of said party. 12.15 Restrictions on Veto of Transfers and Acquisitions of Capacity. City understands and specifically recognizes that with respect to transfer and acquisition of capacity in the SVOSS or the creation of additional capacity in the SVOSS for any other authorized agency, City does not have the right to veto or prevent the transfer of capacity by and among other agencies, or to veto Sewage Transportation Agreement Page 17 San Diego County Sanitation District City of Chula Vista 2016 -06 -14 Agenda Packet Page 178 or prevent the creation or acquisition of capacity for another authorized agency or agencies. City recognizes that by signing this agreement City has expressly pre- approved such actions. The sole right of City to object to any of the foregoing shall be through expression of its opinion to District and, where applicable, through exercise of its rights under the dispute resolution provisions of this agreement. 12.16 Other Agreements. Nothing in this agreement limits or restricts the right of City or District to make separate agreements with other agencies without the need to amend this agreement, provided that such agreements are consistent with this agreement. This agreement is not intended to nor shall it in any way supersede or modify the terms and conditions of the Regional Wastewater Disposal Agreement or any amendments thereto or any other transportation agreements between District and City and any amendments thereto. 12.17 Counterparts. This agreement may be executed in counterparts. The counterparts so executed shall constitute one agreement notwithstanding that the signatures of all parties do not appear on the same page. IN WITNESS WHEREOF, this agreement is executed by the District and City. SAN DIEGO COUNTY SANITATION DISTRICT Name: Date: Approved as to Form and Legality Office of County Counsel, County of San Diego Sewage Transportation Agreement San Diego County Sanitation District CITY OF CHULA VISTA BA Name: Date: Approved as to Form and Legality GLEN GOOGINS, City Attorney Page 18 City of Chula Vista 2016 -06 -14 Agenda Packet Page 179 Q N 2 � a W H w N H N N f4 R 7 L U 4- O A NU c .O V V a L ++ C N_ 0 a� V .O c N L ,,i^a V/ O U O 0) N 0 c t3 cn Y a 9 G d' II , 11- ` "IV- \ /I,L4 I I 11194N 02 00 0 "or cu Irl CL c c U) E E cp L; 0 0 0 Q 0 Li ti 01 V gllg > Om LO 'r E, Cc tf 0 as 0- 1 E X 2 LU 0) Q C C 0 G ro ras u 0 4- U .0 C C v1 V O.0 2D all, WIll c 0 0 CD cu 2 E E ID Q) 4) 0 U) to LL Aye----- -------- ar IR 51- ca It IL m 2 X uj U) 0 ea 0 0 cn ca I SSi u 61— 0 U .2 r C J) 0 U .2 cf) 0 V 0 0) (D co ryR 6 0 2 Li CO 0 0 0 i5 i5 z U) MO UO .1 OM .y c E E .2 o 0 C X0 a U 0 0 > > . ............... . U MIF 16 On TO, > . .... .. ... uj o. rVIA .9i 3;, Nl� fj "I Co 7 :�p J, C? C: .0 to 0 in CL 1 E x ui c a 0 c m u 4— 0 U .0 r r 0 u ci MI 2D ryR RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY SANITATION DISTRICT WHICH SHALL EXTEND THE DURATION OF THE CITY’S WASTEWATER TRANSPORTATIONCAPACITY RIGHTS IN THE SPRING VALLEY OUTFALL SEWERAGE SYSTEM WHEREAS, by virtue of a change of organization approved by the San Diego Local Agency Formation Commission (LAFCO), effective July 1, 2010, the San Diego County Sanitation District (“District”) is the successor agency to the Spring Valley Sanitation District (“Spring Valley”); and WHEREAS, the District owns, operates and maintains the Spring Valley Outfall Sewerage System (SVOSS)for the purpose of collecting and transporting sewage from the District and certain other municipalities and districts (including portions of the cities of Lemon Grove, National City, Chula Vista, San Diego, La Mesa, and the Rancho San Diego community) to the City of San Diego’s Metropolitan Sewerage System (hereinafter “Metro System”) for treatment and disposalpurposes; and WHEREAS, the SVOSS includes the Spring Valley Outfall Sewer (Outfall Sewer), a sewer segment approximately 8.7 miles long located within the Sweetwater River Basin that runs from the intersection of Jamacha Boulevard and Sweetwater Road in Spring Valley, to a point of connection with the Metropolitan Sewerage System located near the junction of Interstate 5 and State Route 54; and WHEREAS, the City owns, operates and maintains portions of a sewerage system within the Sweetwater Basin for the purpose of collecting and transporting sewage from the northerly portions of the City and certain other districtsto the Metro System via SVOSS, and the City has been leasing transportation capacity in the SVOSS since May 9, 1964; and WHEREAS, The most recent lease agreement entitled “Agreement between the City of Chula Vista and the Spring Valley Sanitation District for the Transportation of Wastewater in the Spring Valley Joint System” dated May 20,1997, expired on June 30, 2013 (hereinafter “Lease Agreement”), and the District finds that City may again lease capacity rights in the SVOSS without impairing its usefulness; and WHEREAS, the City and District are parties to the “Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System” filed on May 18, 1998 as Document No. 00-18517 with the City Clerk of the City of San Diego (hereinafter “Regional Wastewater Disposal Agreement”); and WHEREAS, in accordance with the Regional Wastewater Disposal Agreement, ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 187 Resolution No. Page 2 the City and District have the right to discharge wastewater up to established limits into the Metro System, hereinafter referred to as “Metro Capacity Rights; and WHEREAS, It is recognized that there exist certain additional agreements between the parties hereto related to the transportation of sewage that ultimately flows through the SVOSS,Includingthe “Agreement between the City of Chula Vista and Spring Valley Sanitation District for the Connection of City’s Proctor Valley Road Sewer to District’s Frisbie Trunk” dated July 20, 1999and the “Agreement between the City of Chula Vista and Spring Valley Sanitation District for a new 8” Connection from the Church of the Good Shepherd to Chula Vista’s Bonita Road Sewer and Recorded Flow Adjustment” dated March 24, 2009; and WHEREAS, this agreement will retain the same cooperative spirit of the previous agreements and will set limits in relation to sewer transportation charges and capacity rights not to exceed an equitable allocation for the maintenance, operation, and capital replacement costs for the Spring Valley Outfall Sewerage System (SVOSS); and WHEREAS, this Sewage Transportation Agreement betweenthe District and the City override, supersede, and replace both of these existing agreements described above, and maintains capacity transportation rights requirement of proportional cost sharing in CIP and restriction on flow characteristic cost for each agency as intended in the original agreements; and WHEREAS, The capacity limit set forth by the this Agreement for the agency discharging into the SVOSS (8.7 miles of 39” RCP Pipe) limit the City’s Tributary to discharge peak flow into the SVOSS to 17.64 cubic feet per second; Church of the Good Shepherdis limited to discharging 2,120 gallons per day of sewer into the 330’ long 10” diameter pipe of the City sewer trunk; and City has no limit for discharging sewer into the 1.8 mile long, 15” diameter Frisbie sewer trunk; and WHEREAS, The agreement is limited to 15 years; however, the lease willbe automatically extended upon written notice from the District, such that this total Agreement term is coterminous with the Regional WastewaterDisposal Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approvesthe “Sewage Transportation for Spring Valley Outfall Sewerage System”between the City of Chula Vistaandthe District,in the form presented, with such minor modifications as may be required or approved by the City Attorney and authorizes and directs the City Manager toexecute said Agreement. Presented byApproved as to form by __________________________________________________ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 188 Resolution No. Page 3 Richard A. HopkinsGlen R. Googins ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 189 City of Chula Vista Staff Report File#:16-0167, Item#: 7 RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING CONTINUATIONOFTHEELECTRICITYCOMMODITYPURCHASESFROMSHELLENERGY ANDAUTHORIZINGTHECITYMANAGERTOEXECUTEALLDOCUMENTSINCONJUNCTION WITH THE PURCHASES RECOMMENDED ACTION Council adopt the resolution. SUMMARY Inordertofosterpricecompetiveness,theCaliforniaPublicUtilitiesCommissionin1998began allowingcertainenergycustomerstopurchaseelectricityfromthird-partyproviders(inplaceofthe localInvestor-OwnedUtility),knownasDirectAccessService.TheCityofChulaVistapurchases electricityforfourmunicipalbuildingsfromShellEnergyunderDirectAccessService.TheCityis nowupdatingitselectricityprocurementrateswithShellEnergy,whicharesimilartolastyear’sand approximately30%lowerthanhistoricalcommodityprices.Thisapprovalwouldallowforcontinuation of the electricity commodity purchases for up to 3 (three) years. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In1998,theCaliforniaPublicUtilitiesCommissionbeganimplementationofAssemblyBill1890(The ElectricUtilityRestructuringAct)tomakethegenerationofelectricitymorecompetitiveinCalifornia. Oneofthekeyprovisionswasthecreationof“DirectAccessService”optionsinwhichcommercial, industrialandagriculturalcustomerscouldselecttopurchaseelectricityfromathird-partyElectric ServiceProvider,insteadoffromtheInvestor-OwnedUtility(suchasSanDiegoGas&Electric). City of Chula VistaPage 1 of 3Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 190 File#:16-0167, Item#: 7 DirectAccessallowsthesecustomerstopotentiallynegotiatebetterelectricitycommodityratesor higherrenewableenergypowermixesfromtheopenmarket.Thelocalutilitystillprovidesthe transmission and distribution services for Direct Access customers within their service territories. Duringtheenergycrisisin2001,theDepartmentofWaterResourceswasrequiredtoissuerevenue bondsandenterintolong-termelectricenergypurchasingcontractsonbehalfofCalifornia ratepayers.Asaresult,theCaliforniaPublicUtilitiesCommissionsuspendedDirectAccessinorder tocreateastablecustomerbasetohelptheDepartmentofWaterResourcesrecoveritscosts. However,existingDirectAccesscustomerscouldcontinuetopurchasetheirelectricityfroman ElectricServiceProvider.TheCityofChulaVistahasfourelectricityaccountsthathavebeen “grandfathered”underDirectAccessService-CivicCenterLibrary,SouthLibrary,PublicServices South(BuildingB),andDiscoveryPark.Overthelast12-monthstheelectricitycommoditypurchase for the four accounts totaled approximately $224,569. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanycouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.DirectAccessallows theCitytopotentiallynegotiatebetterelectricitycommodityratesorgreatrenewableenergypower mixes from the open market, which support Economic Vitality. CURRENT YEAR FISCAL IMPACT BecausethenewConfirmationLetteranditsassociatedelectricityprocurementrateswouldnotbe effective until July 1, 2016, there would be no impact during the current Fiscal Year 2015-16. ONGOING FISCAL IMPACT Thenewelectricityprocurementratesareverysimilartocurrentcommoditypricessoitisexpected thattherewillbenoadditionalimpactfromtheCity’snewDirectAccessagreementwithShell Energy. ATTACHMENTS 1.Shell Energy Confirmation Letter 2.Direct Access Energy Sales Agreement 2004 3.First Amendment to Direct Access Energy Sales Agreement Staff Contact: Lynn France, Environmental Services Manager, Economic Development City of Chula VistaPage 2 of 3Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 191 File#:16-0167, Item#: 7 City of Chula VistaPage 3 of 3Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 192 Shell Energy North America (US), L.P. Deal No.: SHELL ENERGY NORTH AMERICA (US), L.P.CITY OF CHULA VISTA Attn: Commercial AdvisorAttn: Contract Administration Phone: 858-320-1500Phone:619-691-5051 Fax: 713-767-5414Fax: 619-691-5092 May 23, 2016 DRAFTCONFIRMATION CITY OF CHULA VISTASHELL This Confirmation confirms the agreement reached on June__,2016between (“Buyer”) and ENERGY NORTH AMERICA (US), L.P. (“Shell Energy” or “Seller”) pursuant to and in accordance with the Energy Sales Agreementdated June15,2004(“ESA”) between Buyer and Shell Energy. This Confirmation constitutes part of and is subject to all of the terms and provisions of such ESA. Terms used but not defined herein shall have the meanings ascribed to them in the ESA. Buyer and Shell Energy hereby agree to the sale of Energy by Shell Energy to Buyer under the terms and conditions as follows: Contract Quantity:Per the Block Power Table Below (plus or minus a 25% hourly bandwidth) : City of Chula Vista Best Fit Hourly Shape 123456789101112 HEJanFebMarAprMayJunJulAugSepOctNovDec 10.10.10.10.10.10.10.10.10.10.10.10.1 20.10.10.10.10.10.10.10.10.10.10.10.1 30.10.10.10.10.10.10.10.10.10.10.10.1 40.10.10.10.10.10.10.10.10.10.10.10.1 50.10.10.10.10.10.10.10.10.10.10.10.1 60.10.10.10.10.10.10.10.10.10.10.10.1 70.10.10.10.10.10.10.10.10.10.20.10.1 80.10.10.10.10.10.10.10.10.10.10.10.1 90.10.10.10.20.20.20.20.20.20.20.20.2 100.20.20.20.20.20.30.30.30.30.30.20.2 110.20.20.20.30.30.30.30.30.30.30.20.2 120.20.20.20.30.30.30.30.30.40.30.30.2 130.20.20.20.30.30.30.30.30.40.30.20.2 140.20.20.20.30.30.30.30.30.40.30.30.2 150.20.20.20.30.30.30.30.30.30.30.30.2 160.20.20.20.30.30.30.30.30.30.30.30.2 170.20.20.20.30.30.30.30.30.30.30.30.2 180.20.20.20.20.20.20.20.20.20.20.30.2 190.20.30.20.20.10.20.20.20.20.30.20.2 200.20.30.20.20.20.20.20.20.20.30.20.2 210.10.20.20.20.10.10.10.10.10.10.10.1 220.10.10.10.10.10.10.10.10.10.10.10.1 230.10.10.10.10.10.10.10.10.10.10.10.1 240.10.10.10.10.10.10.10.10.10.10.10.1TOTAL Monthly MWh3.23.83.54.13.84.34.34.54.64.73.83.548.2 Days312831303130313130313031365 Total MWh981071081241191281331411381471151071,465 Delivery Point:SP-15 EZ Gen Hub Contract Price:TBDper MWhr The Contract Price includes an Allowance for hourly shaped bandwidth up to an excess of 25% over the hourly Contract Quantity or a 25% deficiency below the hourly Contract Quantity. Product:CAISO Energy Delivery Term:July 1, 2016 through June 30, 2019 Page 1of 2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 193 Special Provisions:Seller is the sole supplier of Energy for Buyer's facilities supplied under this Confirmation. Confirmation sets forth the terms of the Transaction into which the Parties have entered and together with the ESA shall This constitute the entire agreement between the Parties relating to the contemplated purchase and sale of Energy. SHELL ENERGY NORTH AMERICA (US), L.P.CITY OF CHULA VISTA By:By: Name:Name: Title:Title: Please return the signed confirmation to Shell Energy at Fax: (713) 767-5414. Page 2of 2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 194 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 195 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 196 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 197 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 198 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 199 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 200 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 201 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 202 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 203 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 204 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 205 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 206 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 207 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 208 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 209 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 210 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 211 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTINUATION OF THE ELECTRICITY COMMODITY PURCHASES FROM SHELL ENERGY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH THE PURCHASES WHEREAS, the California Public Utilities Commission began implementation of Assembly Bill 1890 in 1998 to make the generation of electricity more competitive in California through the creation of “Direct Access Services;” and WHEREAS, Direct Access allows commercial, industrial, and agricultural customers to purchase electricity from a third-party Electric Service Provider, instead of from the local Investor-Owner Utility; and WHEREAS, Direct Access allows these customers to potentially negotiate better electricity commodity rates or higher renewable energy power mixes from the open market; and WHEREAS, the City of Chula Vista has fourelectricity accounts that are under Direct Access Service with Shell Energy; and WHEREAS, under the contract with Shell Energy, the City “locks-in” electricity procurement rates for certain time periods through a Confirmation Letter to minimize utility cost fluctuations; and WHEREAS, the City’s current Confirmation Letter and associated rates are expiring; and WHEREAS, the new rates are similar to last year and approximately 30% lower than historical commodity prices. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve that it: 1.Approves continuation of electricity commodity purchasesfrom Shell Energy; and 2.Authorizes the City Manager, or designee,to execute an up to 3-year Confirmation letter with rates not to exceed $46.00per Megawatt Hour, in the form presented, with such modifications as may be approved or required by the City Attorney, to be kept on file in the office of the City Attorney, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by ____________________________________________________________ Eric CrockettGlen R. Googins Director of Economic DevelopmentCity Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 213 City of Chula Vista Staff Report File#:16-0259, Item#: 8 RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE COMPETITIVEFORMALBIDREQUIREMENTANDAPPROVINGTHEEQUIPMENTAND SOFTWARELEASECONTRACTWITHMOTOROLASOLUTIONS,INC.FORTHEPREMIERONE COMPUTERAIDEDDISPATCHANDMOBILE,WITHPREMIERONEJAILHARDWARE, SOFTWARE AND SERVICES SOLUTION RECOMMENDED ACTION Council adopt the resolution. SUMMARY Afterextensiveresearchandcarefulanalysis,thePoliceDepartmentwishestoenterintoacontract withtheMotorolaSolutions,Inc.forthePremierOneComputerAidedDispatch(CAD)andMobile, with PremierOne Jail hardware, software and services solution. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination N/A BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheComputerAidedDispatch(CAD)systemisacriticalInformationandTechnology(IT) component,whichservesasthelynchpinofthe911emergencyserviceframeworkforthepolice department.CADiscriticalbecauseitisusedtodispatchpoliceofficerstocitizens’callsforservice, anditsefficiencyandperformancedirectlyimpactresponsetimesandofficersafety.In2015the policedepartmentprocessed 97,632 callsforserviceintheCADsystem.Thedepartment’sCAD systemisalsothecentralrepositoryforallrecordsanddatarelatedtocallsforservice.Itisakey performancemeasurementtoolusedbysupervisorsandmanagerstomakeimportanttacticaland strategicdecisions.Finally,theCADsystem’sreliabilityandstabilityarecriticalbecauseitmusthave continuousavailability.Inshort,CADisthevirtualandtechnicalheartofallpolicedepartment operations, especially pertaining to emergency service delivery. City of Chula VistaPage 1 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 214 File#:16-0259, Item#: 8 ACADsystemisnotasinglepieceofhardware,softwareorservice;ratheritisallofthese componentscloselyinterconnectedalongwithrobusttechnicalandstrategicsupport.Aproperly functioningCADsystemshouldbeviewedasalong-termITpartnershipbetweenthepolice departmentandthevendortoensureseamlessintegrationofdisparateITsystemsintoahighly availableandhighperformingservicedeliverysystem.Assuch,thepolicedepartment’sCAD partnermusthavethecapacitytoofferoutstandingsupport,betechnicallyinnovativeandbealeader in providing public safety technology solutions. CloselyintegratedwithCADareMobilesolutions(softwareonofficersMobileDataComputers),Jail ManagementSystem(JMS)andRecordsManagementSystem(RMS).Ideally,CAD,Mobile,JMS andRMSshouldworkseamlesslytogetherandsharedatafromacommondatabaseinorderto improve workflow, increase efficiency and enhance service delivery. Current CAD System Thepolicedepartment’scurrentCADsystemisapproximately18yearsoldandnolongermeetsthe needs of the department. Among the current CAD system’s shortcomings: Itisbuiltonobsoletecomputersourcecodeandanon-relationaldatabasestructurewhich makesitdifficulttointegratewithothermodernpolicedepartmentandCityITsystems.Infact, theCADcannotsharedatawithothercriticalsystemssuchasthecurrentJailManagement System(JMS)calledOffendertrak.Thisisinefficientandcausesdataentryredundancy, resulting in inefficient use of staff time. Thedatabasestructuremakesitverydifficulttoextractrelevantdatanecessaryforcrime analysts,supervisorsandmanagerstoassessoperationalperformance.Also,thecurrent CAD captures limited data sets for later retrieval and analysis. ThecurrentCADdoesnotoffer“AutomatedVehicleLocation”(AVL)mappingservices.AVL uses GPS technology to show the location of patrol resources. ThecurrentCADvendorisnotamajorpoliceCADprovider.Infact,theChulaVistaPolice Departmentistheirlargestpolicecustomer.Theyhavefailedtokeeppacewiththespeedof technologicalchangesinthepublicsafetyCADarena,andtheyarenotinnovativeinthefield ofpoliceCADservices.Inshort,thebusinessneedsofthedepartmenthavefaroutgrownthe capacity of the current CAD provider. ThecurrentCADproviderhasnotprovidedanysignificantfeatureenhancementsormajor upgradestotheircoreCADorMobileproductsinmanyyearsandthereisnoindicationthe companyintendstodoso.Infact,thereareknowntechnologicalproblemsthatthe departmenthasidentifiedtothecompanywhichremainunaddressed.Despitethis,thepolice department spends about $150,000 per year on CAD maintenance. Thedepartment’sMobilesolutionisprovidedbythesameCADcompanyandnolongermeets thebusinessneedsofthedepartment.ModernMobilesolutionshavemoreintuitive interfaces,allowAVLandgiveofficerstheabilitytomakemoreinquirieswithoutinvolving City of Chula VistaPage 2 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 215 File#:16-0259, Item#: 8 dispatch.ThelimitationsofthecurrentMobilesolutiondirectlyimpactstheofficers’working environment,efficiencyandsafety.ThepoorMobilesolutionalsodirectlyimpactsdispatcher workloads as they assist with officer inquiries. Becauseoftheseweaknesses,upgradingtheCADsystemisatthetopoftheCity’slistof critical infrastructure upgrades for the police department. Closely Related to CAD: Jail and RMS solutions AmodernCADsystemshouldinterfaceseamlesslywithothercriticalsystemssuchastheRecords Management System (RMS) and the Jail Management System (JMS). In 2015 staff took 18,143 reports in the NetRMS (RMS) report system. In2015ChulaVistaPoliceOfficersarrestedorbooked 3,127 peopleinthecurrentJail Management System (JMS) called Offendertrak. CurrentJMS:TheOffendertrakJMSsystemisaMotorolaproduct,whichisobsoleteasastand- alonesolution.OffendertrakdoesnotinterfacewithothersystemssuchasCADorNetRMS. OffendertrakisnolongermarketedbyMotorolaandhassincebeenreplacedbythePremierOne RMSsolution.Offendertrakisnolongerofferedasaproduct,andthecostofmaintainingthe systembecamesocostprohibitivethatthepolicedepartmentstoppedpayingfortechnical support three years ago, when its annual maintenance cost surpassed $38,000. AmodernJMSisimportantbecauseitdocumentsallarrestsandbookingsandtracksthewelfare andpropertyofinmates.Arrests,bookingsandothertasksrelatedtothecustodialenvironment andprocessesarehighliabilityactivities.AcomprehensiveandmodernJMSsystemiscriticalto thedepartment’sbookingoperations.Motorola’sreplacementforthisproduct,PremierOneJail,is part of this proposal and will be discussed in subsequent sections of this report. CurrentRMS(NetRMS):Thepolicedepartment’scurrentRMSiscalledNetRMSandisa Motorolasolution.NetRMSisrunbytheSanDiegoSheriff’sDepartment,whichallowsagencies toparticipate.ThepolicedepartmentbeganusingNetRMSin2012andrecentlyupgradedits serverstomakethesystemmorerobustandstable.Thisproposaldoesnotupgradethe department’sRMSsolution,butitdoesensureastronginterfacebetweentheproposedCAD solution and the current NetRMS solution because they are both Motorola solutions. The Critical Case for Change WiththesupportoftheMayorandCityCouncil,theCityManager’sofficeandtheCity’sITS department,thepolicedepartmenthasmadesignificantprogresswithregardtopolicetechnology.In slightlymorethanoneyear,thepolicedepartmenthasfundamentallytransformeditspolice technologyunittomeetthecontemporaryandfutureneedsofthedepartment.Amongthemajor police IT accomplishments are: Replacementofover100MobileDataComputers(MDCs)throughoutpatrol.Thestate-of-the- artMDCsareGPSenabledtoallowforAVLservicesbutthecurrentCADsystemcannot City of Chula VistaPage 3 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 216 File#:16-0259, Item#: 8 support AVL or mobile mapping. Replacement of over 130 desktops throughout the police department. Deploymentofover20additionalmobiledevices,suchasruggedizedtabletstotheSWAT team, traffic and property and evidence units. A complete restructuring and upgrade to the department’s network. The deployment of a secure Wi-Fi system throughout the police facility. ImplementationoftheBodyWornCameraprogramwith168camerascurrentlydeployedto uniformed personnel. Thepolicedepartment’sITstaffhasaddressedthemostpressingITissuesandhasidentifiedthe CAD,MobileandJMSsystemsasthelastmajorremainingtechnologicalbarrierstosignificantly improving police department efficiency and operations. InAugust2015,withtheapprovaloftheCityCouncil,thepolicedepartmentengagedtheservicesof WinbourneConsulting,LLCtoassistwiththeselectionofaCAD/Mobile/JMSsolution.Winbourne ConsultingoriginallyassistedthepolicedepartmentwiththeMobileDataComputer(MDC)project, and their staff are subject matter experts in the area of police technology. InconjunctionwithWinborneConsulting,thepolicedepartmentassembledaCADprojectteam consistingofrepresentativesfromdispatch,patrol,policetechnologyandadministration.Thegoalof theCADprojectteamwastoevaluatethedepartment’sneedsandassessvendors.Thefollowingis a summary of the CAD project team’s activities: TheCVPDCAD/Mobile/JMSteamhasspent464hoursofstafftimetodateconducting research into the best solution for the department. TheCAD/Mobile/JMSteamattendedsixvendorpresentations,eachlastingahalfday.The following vendors gave full product solution presentations to the team: Intergraph (aka Hexagon) o New World (aka Tyler Technologies) o Securus (aka Archonix) o Motorola o Tritech o Sunguard o Theteamheldeightmeetingsforeachofthefunctionalteamsandvendordemonstrations, and there have been six CAD team management meetings. Teammembersmadetwositevisitstopolicedepartmentstoevaluatereal-worldoperationsof City of Chula VistaPage 4 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 217 File#:16-0259, Item#: 8 theCADsolutionproviderthatmatchestheneedsofthedepartment.BoththeRiverside PoliceDepartmentandtheVenturaPoliceDepartmentsuseMotorola’sPremierOneCADand Mobile solutions and rate the company, their solution and their service very highly. TeammembershaveinterviewedCADadministratorsfrom14agenciesnationallytoverifythe qualityoftheMotorolaSolutions,Inc.CADsolutionandappropriatenessforthedepartment’s needs. AfterextensiveresearchandcarefulanalysisofsixmajorCADvendors,theCADprojectteamis unanimousinitsrecommendationtoreplacethecurrentCADproviderassoonaspossible.Ofthe majorvendorsreviewed,theCADprojectteamhasdeterminedthatMotorolaSolutions,Inc.can providethemostrobustproductforacompetitivepriceandonanaggressivescheduletomeetthe immediate and future needs of the department. Motorola’s Proposal MotorolaSolutions,Inc.isaleadingworld-widepublicsafetytechnologyproviderwithacurrent marketcapitalizationofalmost$12.5Billion.ThepolicedepartmentandMotorolahaveanover twentyyearbusinessrelationshipinvolvinganumberofcriticalpublicsafetyproductsandservices. Motorola already provides the following services or solutions to the police department: Two-wayhandheldandvehicleradiosaswellasthecounty-wideRadioCommunications System (RCS). Motorolasupportsandservicesthedepartment’sdispatchradioconsolesandtheirservices arealreadycloselyintegratedintothedepartment’scommunicationscenterand911delivery system. Aspreviouslynoted,MotorolaprovidesRMSservicestothedepartmentviatheirNetRMS report writing solution. Perhapsmostimportantly,MotorolaprovidestheOffendertrakJMSwhichthedepartment currentlyuses.Motorola’sproposaloffersaheavilydiscountedupgradepathtothe PremierOnesuiteofsolutionsbyleveragingChulaVista’sexistingOffendertraksoftware license.TheCADprojectteamhasdeterminedthatthisupgradepath,combinedwith extensiveresearchandtheinformalbiddingprocess,presentthebestvalueforthe department and the City. Significant Public Safety Benefits Ifapproved,theMotorolaSolutions,Inc.PremierOneCAD/Mobile/Jailcontractwouldbe implementedinJuly2016,withfinal“go-live”switchovertothenewsystemestimatedtobeabout Marchof2017.Asmentioned,changingapolicedepartment’sCADsystemisakintoatechnology hearttransplant.Assuch,itwillbealong,time-consumingandcomplexprocessthathasnotbeen undertakenlightly.TheCADprojectteamisunanimousinitsopinionthatMotorola’sproposalmeets thetimeline,pricepointandtechnicalrequirementsofthepolicedepartmentandprojectedCity growth for the next decade. City of Chula VistaPage 5 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 218 File#:16-0259, Item#: 8 Among the significant benefits of the proposal include: ImprovedofficersafetyviaAutomatedVehicleLocation(AVL).Thiswillallowofficers, dispatchers, supervisors and managers to see the deployment of all marked police cars. AVLallowsdispatcherstosendtheclosestunitstoacall,therebyreducingresponse o times. AVLgivessupervisorsbettersituationalawarenessastothelocationofresourcesand o their activities. AVLwithmobilemappinggivesofficersturn-by-turnnavigationshowingthequickest o routetothecall.Officerscurrentlyrelyonastaticmapontheirmobilecomputerand sometimes rely on their personal GPS devices to look up unfamiliar addresses. AVLprovidesbetteraccountabilityandcanprovidehistoricalinformationaboutthe o locationofresourcesintheeventofacitizencomplaintortheneedtoconductanafter- action analysis on performance. TheuseofAVLisintendedtoimproveresponsetimesbyallowingdispatcherstosendthe closestunitstoprioritycalls.TheimplementationofAVLhasbeenamajorpolicedepartment goalforoversixyears.AVLisanimportantcomponentinamulti-prongedapproachaimedat improvingthedepartment’sresponsetimeswiththegoalofmeetingGMOCresponse thresholds. Officerswillhavereal-timeupdatestoCADdataontheirMDCswithouthavingtorefreshtheir screenswhiledriving.Currently,officersmustpressbuttonstoreceivecriticalupdatesand officersafetyflagsontheirMDCs.Thiswillreduceofficermulti-taskingandallowthemto focusondrivingandplancallresponses.Italsoimprovesofficersafetybygivingthem immediate access to critical call updates. Officerswillhaveaccesstoreal-timemappingandroutinginformation,includingturn-by-turn navigation, in order to take the fastest route to priority calls. Enhancedanalyticsandreportstoimprovecrimeanalysis,intelligencegatheringandresource management.TheIntelligentDataDiscovery(IDD)featureallowsmultiplecustomreportsand dataminingaboutpoliceoperations.ThecurrentCADsystemisextremelylimitedinthis arena. Enhancedqueriesandautomationwillstreamlinedispatcherworkloadsandreducerepetitive stress injuries. Motorola’sMobilesolutionwillmakeofficersmoreefficientbyallowingthemtoconductmore lawenforcementdatabasequeriesfromtheirMDC’sratherthancallingintodispatch,thereby reducing the workload impact on dispatchers. Motorola’sjailsolutionwilltightlyinterfacewithCADandMobile,allowingone-timedataentry tobesharedacrossdatabases.Thiswillstreamlinebookingprocessesandreducebooking timeframes. Amorerobustjailsolutionalsoenhancesinmatewelfare,whichisanareaofextremelyhigh City of Chula VistaPage 6 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 219 File#:16-0259, Item#: 8 liability.Thejailsolutionwillallowofficersandjailstafftokeepbetterrecordsaboutinmates throughouttheirtimeincustody,evenifitisonlyforashortwhile.Informationsuchas injuries,medicalconditions,hazardsorspecialneedscanbeeasilydocumentedandtracked with the new system. Motorola’scomputersourcecodeanddatabasestructureoffersseamlessintegrationbetween CAD,MobileandJailsolutions,therebyreducingrepetitivedataentries.Seamlessintegration also makes the system more stable, robust and easier to maintain. City Council Waiver of the Competitive Bidding Requirement Basedontheforegoing,thepolicedepartmentrequeststhattheCityCouncilwaivethecompetitive biddingrequirementpursuanttoChulaVistaMunicipalCodesection2.56.070.B.3,asappliedtothe proposedequipmentandsoftwareleasecontractwithMotorolaSolutions,Inc.,becausecompetitive biddinginthisuniquecontextisimpractical,andtheCity’sbestinterestsaremateriallybetterserved bythepolicedepartment’scarefulandexhaustivereviewofsimilarsystemsofferedbyvendorsto findthebestfitforitsneedsandbudget,consistentwithduediligenceandgoodpurchasing practices. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.ThisCAD/Mobile/Jail solutionwithMotoroladirectlyimpactsallfiveStrategicPlangoals,withsignificantimpactto OperationalExcellence,asthisagreementwillallowthepolicedepartmenttosignificantlystreamline operationalworkflowinthecommunicationcenterandwithpatrolofficers.Itwillalsogivethe departmentfarmorerobustanalyticaltoolstoimproveoperations.Finally,theCADprojectisthe mostimportantupgradetothepolicedepartment’scommunication’scenterinalmosttwodecades and will greatly enhance the police department’s operations. CURRENT YEAR FISCAL IMPACT Thedepartmentnegotiatedan$81,830softwarediscounttomigrateandupgradefromtheexisting OffendertraksoftwarelicensetoPremierOneJail.Thedepartmentalsonegotiatedanadditional CAD/Mobile/Jailsystemdiscountof$729,126andamulti-product/multi-yeardiscountof$91,662off ofsupportfees.Overallthedepartmentnegotiatedatotalsystemandmaintenancediscountof $902,618 for the term of contract. Thetotalinitialsystemcostwithhardware,softwareandimplementationservicesis$1,305,270. City of Chula VistaPage 7 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 220 File#:16-0259, Item#: 8 Duetothesizeandscopeoftheproject,a10%projectcontingencyreserveof$130,000hasbeen addedtotheprojecttotal.UnusedprojectcontingencyfundsmaybeusedtopurchaseanyMotorola product.Thedepartmentintendstospendunusedprojectcontingencyfundstoupgradepolice radios,whichareanothercriticalinfrastructureneed.Motorolaisofferinga10yearleasebasedon theinitialsystemcostandcontingencyreserveof$1,435,270atarateof3.23%,whichgivesthecity afixedannualleasepaymentof$170,238.33startinginJulyFY17/18.Thiscostincludesallmajor CADhardware,softwareandimplementationservicesrelatedtoMotorolaSolutionInc.’s CAD/Mobile/Jail solution. Becausethedepartmentproposestomaintainthesystemonstandardandlifecylemaintenance agreements,thesystemwillbefullypaidoffandstillbestate-of-theartattheendofthelease, therebyallowingthedepartmenttheoptionofsimplynegotiatinganextensiontothestandardand lifecyclemaintenanceagreements.ShouldtheCityrealizedunanticipatedrevenues,theCityhas the option of paying off the lease early with no pre-payment penalty. SincethePremierOneCAD/MobileJMSsolutionreplacesthedepartment’scurrentCADandits maintenanceagreement,thenetfiscalimpactforFY16/17isonly$17,658.Thepolicedepartment hasidentifiedfundsinitsbudgettocoverthefirstyear’snetfiscalimpactandtherewillbenofiscal impacttotheCity’sgeneralfundforFY16/17.WinborneConsultingwillcontinuetoprovideproject managementservicestothedepartmentthroughouttheimplementation,testingandgo-livephases of the project. There are sufficient funds in Winborne’s existing contract to accomplish this task. ONGOING FISCAL IMPACT Aspreviouslynoted,thefirstyear’smaintenanceandlifecyclesupportcontractwillhaveanetfiscal impactof$17,658inFY16/17.Thereafter,thepolicedepartmentwillberesponsiblefortenyearsof leasepaymentsaswellasstandardmaintenanceandlifecyclesupportmaintenancetoensurethe systemkeepspacewithrapidlyevolvingpublicsafetytechnology.Budgetarycuts/impactsmay occurwithintheGeneralFundunlessnewrevenuesourcesareidentified.Theannualprogramcosts are detailed in the following spreadsheet: City of Chula VistaPage 8 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 221 File#:16-0259, Item#: 8 ATTACHMENTS Attachment 1 - Motorola 10 year lease agreement Attachment 2 - Motorola PremierOne CAD and Mobile with PremierOne Jail (16-PS-68451 v2) Staff Contact: Vern Sallee, Police Captain, Support Operations Division City of Chula VistaPage 9 of 9Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 222 PSA System Agreement Motorola Solutions, Inc. (“Motorola”) and the City of Chula Vista, CA (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through F will be resolved in their listed order. Exhibit A Software License Agreements A-1 Motorola “Software License Agreement” A-2, 3 &4 Microsoft “End-User License Agreement(s)”, if applicable Exhibit B \[Intentionally Omitted.\] Exhibit C “Technical and Implementation Documents” C-1 ”Pricing Summary & Equipment List” dated May 24, 2016 C-2 ”Technical & Implementation Documents” dated May 24, 2016 C-3 “Acceptance Test Plan” or “ATP” (to be mutually developed during implementation) C-4 “Performance Schedule” dated May 24, 2016 Exhibit D “Maintenance and Support Agreement” Exhibit E “System Acceptance Certificate” Exhibit F “Three Party Master Depositor Escrow Service Agreement” (Not applicable) Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. “Acceptance Tests” means those tests described in the Acceptance Test Plan. 2.2. “Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.3. “Confidential Information” means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party’s possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. 2.4. “Contract Price” means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.5. “Effective Date” means that date upon which the last Party executes this Agreement. 2.6. “Equipment” means the equipment listed in the Bill of Materials that Customer purchases from Motorola under this Agreement. 2.7. “Force Majeure” means an event, circumstance, or act of a third party that is beyond a Party’s reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.8. “Infringement Claim” means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright. 1 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 223 2.9 “Microsoft Product” means a Microsoft SQL Server and/or a Microsoft System Center Operations Manager, either or both of which may be integrated with the Motorola Products. Microsoft Products are subject to the following acknowledgement: “© Copyright 20__ Microsoft Corporation. All rights reserved.” 2.10. “Motorola Software” means Software that Motorola or its affiliated company owns. 2.11. “Non-Motorola Software” means Software that another party owns. 2.12. “Open Source Software” (also called “freeware” or “shareware”) means software that has its underlying source code freely available to evaluate, copy, and modify. 2.13 “Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.14. “Software” means the Motorola Software and Non-Motorola Software, in object code format that is furnished with the System or Equipment. 2.15. “Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.16. “Subsystem” means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. 2.17. “System” means the Equipment, Software, services, supplies, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Technical and Implementation Documents. 2.18. “System Acceptance” means the Acceptance Tests have been successfully completed. 2.19. “Warranty Period” means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues and continues until the expiration of the Warranty Period or three (3) years from the Effective Date, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT, SOFTWARE, OR SERVICES. For three (3) years after the Effective Date, Customer may order additional Equipment, Software or services if they are then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment, Software, or services. Title and risk of loss to additional Equipment will pass at shipment; warranty will commence upon delivery; and payment is due 2 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 224 within twenty (20) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped, Software is licensed, or, for services, on a monthly basis as they are performed. 3.5. MAINTENANCE SERVICE. After the Warranty Period Customer may purchase maintenance and support services for the Equipment and covered Software by executing the Maintenance and Support Agreement. Motorola is solely responsible for providing technical support for the Microsoft Products. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software. All Open Source Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable efforts to determine whether any Open Source Software will be provided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy of the applicable standard license (or specify where that license may be found); and provide to Customer a copy of the Open Source Software source code if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable). 3.8. THIRD PARTY PRODUCTS. 3.8.1 MICROSOFT PRODUCTS a. As to any Microsoft Products being furnished, the Microsoft software for those Microsoft Products is sublicensed to Licensee from Motorola pursuant to the Customer’s Motorola Software License Agreement and is subject to the additional Microsoft End-User License Agreement terms, Exhibit A-2. b. Notwithstanding any provisions herein to the contrary, the following provisions apply concerning the Microsoft Products. If Customer is acquiring from Motorola a Microsoft SQL Server and/or a Microsoft System Center Operations Manager, then Customer warrants 1) that the number of users that may access the System are correctly indicated in the Exhibits to this Agreement; 2) that Customer is not being licensed the SQL Server or Microsoft System Center Operations Manager under a license from Microsoft, but rather under a sublicense from Motorola’ 3) that the copies of the referenced Microsoft Products it receives from Motorola do not entitle it to maintain on its computer systems any more copies of the Microsoft Products than it previously licensed from Motorola or Microsoft; 4) that Customer possesses and will maintain sufficient quantities of fully valid Microsoft licenses to support the maximum number of users and/or devices that may access or use the System under the provisions of the End-User License Agreement, 5) that Microsoft will be an intended third party beneficiary of the End-User License Agreement, with the right to enforce the warranties and any other provisions of the End-User License Agreement provisions and to verify compliance of the End User with the same, 6) that Customer shall not run on a mirrored database server for more than 30 days without obtaining a SQL license for that server, 7) that the Customer grants permission for the disclosure of End-User information by Motorola as required in Motorola’s Monthly royalty reports and ordering information reports to Microsoft, 8) that Microsoft does not transfer any ownership rights in any Product, and 9) that Motorola is solely responsible for providing technical support for the Microsoft Products. c. The rights granted in this Agreement with respect to Microsoft Products are subject to the following limitations: 1) Customer has no copyright interest in the Microsoft Products; 2) Customer may not rent, lease, lend or provide hosting services with the Products; 3) Customer may not reverse engineer, decompile or disassemble any Product; 4) Customer may not remove, modify or obscure any 3 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 225 copyrights, trademarks or other proprietary right notices contained in the Products; and 5) The Microsoft Products are not designed or intended for use in any situation where failure or fault of the product could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Motorola’s right to sublicense Microsoft Products excludes the right to use, or distribute the Microsoft Products for Customer’s use in, or in conjunction with, High Risk Use, therefore, High Risk Use is strictly prohibited. High Risk use, by way of example, includes aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act. Notwithstanding the foregoing, as long as PremierOne CAD is used in a manner for which it was designed and in accordance with the documentation provided, Motorola declares such use is not considered to be High Risk Use as defined by Microsoft. 3.8.2 ESRI OEM SOFTWARE. Notwithstanding any provisions herein to the contrary, the following provisions apply concerning the ESRI OEM Software. a. The use of ESRI OEM Software is restricted to executable code. b. The following are prohibited: (i) transfer of the OEM Software, except for a temporary transfer in the event of a computer malfunction; (ii) assignment, time-sharing, lend or lease, or rental of the OEM Software or use for commercial network services or interactive cable or remote processing services; and (iii) title to the OEM Software from passing to Customer or any other party. c. Also prohibited are the reverse engineering, disassembly, or decompilation of the OEM Software and the duplication of the OEM Software, except for a single archival copy; reasonable Customer backup copies are permitted. d. To the extent permitted by law, ESRI’s liability is disclaimed for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the OEM Software, including damages resulting from any ESRI provided Data (Data is not warranted) and damages resulting from use in High Risk Activities such as the operation of nuclear facilities, aircraft navigation or aircraft communications systems, air traffic control, life support, or weapon systems. ESRI specifically disclaims any express or implied warranty of fitness for High Risk Activities. e. Upon termination of the contract, Customer agrees to certify in writing to Motorola that it has discontinued use and has destroyed or will return to Motorola all copies of the OEM Software and documentation. f. Customer will fully comply with all relevant export laws and regulations of the United States to assure that the OEM Software, or any direct product thereof, is not exported, directly or indirectly, in violation of United States law. g. Customer shall not remove or obscure any copyright, trademark notice, or restrictive legend. h. In any sublicense to the United States Government, the OEM Software shall be provided with “Restricted Rights.” 3.9. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 4 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 226 3.10. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. 3.11 SOURCE CODE ESCROW. Motorola, after final system acceptance and upon Customer's written request, will deposit the source code for the installed and accepted Motorola software applications with Iron Mountain Intellectual Property Management, Inc. in accordance with an established Three Party Master Depositor Escrow Service Agreement, Exhibit F, (“Escrow Agreement”) naming the Customer as a “Beneficiary” thereto, provided the Customer is in good standing with this Agreement, the Software License Agreement and a Maintenance and Support Agreement. Once Customer is established as a Beneficiary to the escrow account, deposits of source code associated with any future releases that the Customer installs will be deposited into the same escrow account provided the Customer remains in good standing with license and support agreements for the applicable software. The cost of the escrow will be allocated between Motorola and the Customer as provided in the Escrow Agreement. The deposited source code will be released to the Beneficiary in the event the Motorola becomes bankrupt, discontinues business operations or materially breaches the Maintenance and Support Agreement, all pursuant to the terms as more fully stated in the Escrow Agreement. In the event the source code is released to the Beneficiary, the Beneficiary agrees to use the code exclusively for internal purposes under terms and conditions of the Software License Agreement, and solely for trouble analysis, namely isolating, diagnosing, and fixing problems in the applicable Software. Motorola retains all of its intellectual property rights in and to the source code. Nothing in this provision provides for escrow of source code associated with any third party products or Motorola's firmware, embedded, or radio software. In the event the Customer materially breaches the PSA System Agreement, Software License Agreement, Escrow Agreement or fails to keep the Maintenance and Support Agreement in effect, Seller's obligations under this provision will cease. Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 5 CONTRACT PRICE, PAYMENT, AND INVOICING Motorola has priced the 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is $3,253,767.00. services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. 5.2. INVOICING AND PAYMENT. Motorola acknowledges that Customer intends to pay the Contract Price using municipal lease financing proceeds from a Municipal Lease Agreement with Motorola Credit Corporation. Motorola will accept payment of the Contract Price on behalf of Customer from Motorola Credit Corporation. Customer will make its lease payments to Motorola Credit Corporation in accordance with the provisions of Municipal Lease Agreement. For reference, the Federal Tax Identification Number for Motorola Solutions, Inc. is 36-1115800. 5.3. COMMITMENT OF FUNDING. Customer affirms that a purchase order or notice to proceed is not required for subsequent years of service. The Customer will pay all invoices as received from Motorola 5 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 227 and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment per this Agreement 5.4. FREIGHT, TITLE AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the Customer. Motorola will pack and ship all Equipment in accordance with good commercial practices. 5.5. SHIPPING ADDRESSES. The city which is the ultimate destination where the Equipment will be delivered to Customer is: _______________________________________________________________ ____________________________________________________________________________________ The Equipment will be shipped to the Customer at the following address (insert if this information is known): __________________________________________________________________________ . Customer may change this information by giving written notice to Motorola. Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the work sites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola will inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to 6 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 228 have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 8.4 FINAL SYSTEM ACCEPTANCE. Final System Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final System Acceptance occurs, the Parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer’s control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. Motorola Software Warranty. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THE ATTACHED SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5 THIRD PARTY PRODUCTS. Notwithstanding any provisions herein to the contrary, the following provisions apply to the following Third Party Products: e from errors, conflicts, interruptions or other 9.5.1. Microsoft Products are not fault tolerant or fre imperfections. Performance may vary depending upon what hardware platform they are installed on, the interactions with other software applications and each product’s configurations. 7 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 229 9.5.2. Microsoft Corporation is providing the Microsoft Products “as-is” with no warranty of any kind and disclaims all warranties, express and implied, to the maximum extent allowed by applicable law. Microsoft further disclaims any liability of Microsoft for any damages, whether direct, indirect incidental or consequential, as a result of the use or installation of the Products. Additionally, to the extent permitted under applicable law, Microsoft Corporation excludes for itself and its suppliers all warranties of any kind, including: a. any warranties of title, non-infringement, merchantability and fitness for a particular purpose; b. any implied warranty arising from course of dealing or usage of trade; c. any common law duties relating to accuracy or lack of negligence with respect to the Microsoft Products, any Master Copy, and any Software Documentation; and d. that the products will operate properly in connection with the System, the Motorola products or on any Customer system(s). If applicable law gives Customer any implied warranties, guarantees or conditions despite the foregoing exclusion, those warranties will be limited to one year and Customer remedies will be limited to the maximum extent allowed by this Agreement. 9.5.3. As to ESRI OEM Software, during the term of this Agreement ESRI represents and warrants the Software will substantially perform in conformance with the Specifications and its Documentation, provided the Software is used as specified in the Documentation, and will provide Updates, Upgrades, timely system releases, error corrections, and such improvements outlined in the ESRI life cycle maintenance policy. The foregoing warranties do not apply to errors, defects, or nonconformities due to: a) misuse of the Software solely by the Customer; b) unauthorized modification of the Software by Customer; or c) failure of Customer to use compatible hardware and software as set forth in the specifications. 9.5.4. If included under this Agreement, the Data has been obtained from sources believed to be reliable, but its accuracy and completeness is not guaranteed. The Data may contain some nonconformities, defects, errors or omissions. ESRI and Motorola make no warranty with respect to the Data. Without limiting the generality of the preceding sentence, ESRI and Motorola do not warrant the Data will meet the Customer’s needs or expectations, the use of Data will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and Motorola are not inviting reliance on the Data, and Customer should always verify actual Data, including, but not limited to, map, spatial, raster and tabular information. 9.5.5. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION AND NON-INFRINGEMENT. ESRI DOES NOT WARRANT THAT THE DATA WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, THE USE OF THE SAME WILL BE UNINTERRUPTED, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. 9.5.6. Customer’s exclusive remedy and ESRI’s entire liability for breach of the limited warranties set forth herein shall be limited, at ESRI’s sole discretion, to (a) replacement of any defective media; (b) repair, correction, or a work-around for the Software subject to the ESRI Support Services Policy, (c) return of the license fees paid for the Software, Data, or Documentation that does not meet ESRI’s limited warranty, provided that Customer uninstalls, removes, and destroys all copies of the Software, Data, or Documentation and executes and delivers evidence of such de-installation and destruction to ESRI. 8 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 230 9.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola’s liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 11 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”). 11.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed. 11.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 11.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 9 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 231 11.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 11.5. CONFIDENTIALITY. All communications pursuant to subsections 11.2 and 11.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non- defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement. 13.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement. 13.3. PATENT AND COPYRIGHT INFRINGEMENT. 13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). 10 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 232 Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 13.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 13.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 13.3.4. This Section 13 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide each other with Confidential Information. Each Party will: maintain the confidentiality of the other Party’s Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a “need to know” and not copy or reproduce the Confidential 11 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 233 Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. 15.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement or the End- User License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within twenty (20) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or and the remainder of this Agreement will continue in full force and unenforceable, that part will be severed effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents 12 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 234 of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Solutions, Inc. Customer 7237 Church Ranch Blvd. _________________________ Westminster, CO 80021 _________________________ Attn: Law Department Attn: _____________________ 16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. 16.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.11. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc.Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: ____________________________ 13 PSA System Agreement Set 1-9-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 235 Exhibit A-1 Software License Agreement This Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and City of Chula Vista, CA (“Licensee”). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 “Designated Products” means products provided by Motorola or other suppliers to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed. 1.5 “Primary Agreement” means the agreement to which this exhibit is attached. 1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the Software and Documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non- exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source 14 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 236 Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). 3.3. If the Designated Products being acquired by Licensee include a Microsoft SQL Server or a Microsoft System Center Operations Manager, the Microsoft software for these Microsoft Products is sublicensed to Licensee from Motorola and is subject to additional Microsoft End-User License Agreement terms. Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back- up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to one other device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.5. The license for Cityworks or Customer Service Request Software is for the use of the Software with the Designated System or for the specified number of Concurrent Users for which it was provided, the purpose for which it was designed and only for the application specific use covered by this Agreement, or the Primary Agreement. This license does not allow access to the Software through other Designated Systems except as specifically permitted. “Concurrent User” means the maximum number of concurrent connections to Software authorized by this Agreement or the Primary Agreement at any one instance in time. “Designated System” means thecomputer hardware and operating system 15 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 237 configuration specified in the Primary Agreement for which the Software is licensed for use. Additional Designated System licenses are required for communication with additional instances of a database or additional databases. 4.6. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first (the “Warranty Period”), except for application Software that is provided on a per unit basis, the warranty period for subsequent units licensed is the remainder, if any, of the initial warranty period or, if the initial warranty period has expired, the remainder, if any, of the term of the applicable Software Maintenance and Support Agreement. If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 16 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 238 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If Licensee transfers ownership of the Designated Products to a third party, Licensee may assign its right to use the Software embedded in or furnished for use with those products; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee’s use, duplication or disclosure of the Software and Documentation under Motorola’s copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee’s use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. 17 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 239 Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 18 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 240 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities.While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. 19 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 241 Exhibit A-2 Microsoft End User License Agreements The Microsoft End User License Agreements are on the following pages. 20 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 242 (For ISV Royalty Program Only) 1 Microsoft SQL Server2012 Standard Edition(Runtime){TC "Microsoft SQL {TC "Microsoft SQL Server 2000 Workgroup Edition" Server 2000 Workgroup Edition" \\f C \\l "1" } \\f C \\l "1" } 2 Core Licenses: 16 3 Server Licenses:____ 4 User Client Access Licenses:____ 5 Device Client Access Licenses: END-USER LICENSE AGREEMENT These license terms are an agreement between the licensor of the software application or suite of applications with which you acquired the Microsoft software (“Licensor”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft updates, supplements, and Internet-based services for this software, unless other terms accompany those items. If so, those terms apply. Microsoft Corporation or one of its affiliates (collectively, “Microsoft”) has licensed the software to the Licensor. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO PLACE OF PURCHASE FOR A REFUND OR CREDIT. These terms supersede any electronic terms which may be contained within the software. If any of the terms contained within the software conflict with these terms, these terms will control. IMPORTANT NOTICE: AUTOMATIC UPDATES TO PREVIOUS VERSIONS OF SQL SERVER. If this software is installed on servers or devices running any supported editions of SQL Server prior to SQL Server 2012 (or components of any of them) this software will automatically update and replace certain files or features within those editions with files from this software. This feature cannot be switched off. Removal of these files may cause errors in the software and the original files may not be recoverable. By 1 LICENSOR: For “Academic Edition” licensed software, please specify the name. For example: Microsoft SQL Server 2012, Standard Edition and Academic Edition. 2 LICENSOR: Specify the total number of core licenses for which the end user is licensed under this agreement. 3 LICENSOR: Specify the total number of server licenses for which the end user is licensed under this agreement. 4 LICENSOR: Specify the total number of user CALs that may access directly or indirectly instances of the server software licensed under this agreement. 5 LICENSOR: Specify the total number of device CALs that may access directly or indirectly instances of the server software licensed under this agreement. ISV Royalty Agreement EULA (April 1, 2012) Page 1 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 243 installing this software on a server or device that is running such editions you consent to these updates in all such editions and copies of SQL Server (including components of any of them) running on that server or device. *** IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SERVER YOU PROPERLY LICENSE. 1.OVERVIEW. 1.1 Software. The software includes server software, and additional software that may only be used with the server software directly, or indirectly through other additional software. 1.2 License Model. The software is licensed based on either the: Core License Model – the number of physical and/or virtual cores in the server; or Server + Client – the number of instances of server software that you run, and the number of devices and users that access instances of server software. 1.3 Licensing Terminology. Instance. You create an “instance” of the software by executing the software’s setup or install procedure. You also create an instance of the software by duplicating an existing instance. References to the “software” in this agreement include “instances” of the software. Run an Instance. You “run an instance” of the software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory. Operating System Environment (“OSE”). An “operating system environment” or “OSE” is (i)all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights; and (ii)instances of applications, if any, configured to run on the operating system instance or parts identified above. A physical hardware system can have either or both of the following: one physical operating system environment; one or more virtual operating system environments. A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system. ISV Royalty Agreement EULA (April 1, 2012) Page 2 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 244 Physical Core. A physical core is a core in a physical processor. A physical processor consists of one or more physical cores. Hardware Thread. A hardware thread is either a physical core or a hyper-thread in a physical processor. Virtual Core. A virtual core is the unit of processing power in a virtual (or otherwise emulated) hardware system. A virtual core is the virtual representation of one or more hardware threads. Virtual OSEs use one or more virtual cores. Assigning a License. To assign a license is to designate that license to a server, device or user as indicated below. Core Factor. The core factor is a numerical value associated with a specific physical processor for purposes of determining the number of licenses required to license all of the physical cores on a server. 2.USE RIGHTS FOR CORE LICENSE MODEL. 2.1 Licensing a Server. Before you run instances of the server software on a server, you must determine the number of software licenses required and assign those licenses to that server as described below. 2.2 Determining the Number of Licenses Required. You have two license options: (a)Physical Cores on a Server. You may license based on all of the physical cores on the server. If you choose this option, the number of licenses required equals the number of physical cores on the server multiplied by the applicable core factor located at . http://go.microsoft.com/fwlink/?LinkID=229882 (b)Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software. If you choose this option, for each virtual OSE in which you run the server software, you need a number licenses equal to the number of virtual cores in the virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count toward the minimum requirement of four licenses per virtual OSE. 2.3 Assigning the Required Number of Licenses to the Server. (a)Initial Assignment. After you determine the number of software licenses required for a server, you must assign that number of licenses to that server. The server to which a license is assigned is considered the “licensed server” for such license. You may not assign a license to more than one server. A hardware partition or blade is considered a separate server. (b)Reassignment. You may reassign a license, but not within 90 days of its last assignment. You may reassign a license sooner if you retire the licensed server to which the license is assigned due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license. 2.4 Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the number of software licenses required: (a) Physical Cores on a Server. For each server to which you have assigned the required number of licenses as provided in Section 2.2(a), you may run on the licensed server any number of instances of the server software in the physical OSE. ISV Royalty Agreement EULA (April 1, 2012) Page 3 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 245 (b) Individual Virtual OSEs. For each virtual OSE for which you have assigned the required number of licenses as provided in section 2.2(b) , you have the right to run any number of instances of the software in that virtual OSE. 2.5 Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in physical or virtual OSEs on any number of devices so long as the additional software is used only in conjunction with the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered by or on behalf of the Licensor. You may use the additional software only with the server software directly, or indirectly through other additional software. Business Intelligence Development Studio Client Tools Backward Compatibility Client Tools Connectivity Client Tools SDK Data Quality Client Data Quality Services Distributed Replay Client Distributed Replay Controller Management Tools - Basic Management Tools - Complete Reporting Services – SharePoint Reporting Services Add-in for SharePoint Products Master Data Services Sync Framework SQL Client Connectivity SDK SQL Server 2012 Books Online 2.6 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you acquire. (a) You may create any number of instances of the server software and additional software. (b) You may store instances of the server software and additional software on any of your servers or storage media. (c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described (e.g., you may not distribute instances to third parties). 2.7 No Client Access Licenses (CALs) Required for Access. Under this core license model, you do not need CALs for users or devices to access your instances of the server software. 3.USE RIGHTS FOR SERVER + CLIENT ACCESS LICENSE MODEL 3.1 Assigning the License to the Server. (a)Initial Assignment. Before you run any instance of the server software under a software license, you must assign that license to one of your servers. That server is considered the “licensed server” for such license. You may not assign the same license to more than one server, but you may assign other software licenses to the same server. A hardware partition or blade is considered to be a separate server. ISV Royalty Agreement EULA (April 1, 2012) Page 4 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 246 (b)Reassignment. You may reassign a software license, but not within 90 days of the last assignment. You may reassign a software license sooner if you retire the licensed server due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license. 3.2 Running Instances of the Server Software. For each software license you assign to the server,you may run any number of instances of the server software in one physical or virtual OSE on the licensed server at a time. 3.3 Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in physical or virtual OSEs on any number of devices so long as the additional software is used only in conjunction with the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered by or on behalf of the Licensor. You may use the additional software only with the server software directly, or indirectly through other additional software. Business Intelligence Development Studio Client Tools Backward Compatibility Client Tools Connectivity Client Tools SDK Data Quality Client Data Quality Services Distributed Replay Client Distributed Replay Controller Management Tools - Basic Management Tools - Complete Reporting Services – SharePoint Reporting Services Add-in for SharePoint Products Master Data Services Sync Framework SQL Client Connectivity SDK SQL Server 2012 Books Online 3.4 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you acquire. (a) You may create any number of instances of the server software and additional software. (b) You may store instances of the server software and additional software on any of your servers or storage media. (c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described (e.g., you may not distribute instances to third parties). 3.5 Client Access Licenses (CALs). (a)Initial Assignment of CALs. You must acquire and assign a SQL Server 2012 CAL to each device or user that accesses your instances of the server software directly or indirectly. A hardware partition or blade is considered to be a separate device. You do not need CALs for any of your servers licensed to run instances of the server software. ISV Royalty Agreement EULA (April 1, 2012) Page 5 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 247 You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances. Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing instances of an earlier version, you may also use CALs corresponding to that version. (b)Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any user, to access instances of the server software on your licensed servers. Each user CAL permits one user, using any device, to access instances of the server software on your licensed servers. You may use a combination of device and user CALs. (c)Reassignment of CALs. You may permanently reassign your device CAL from one device to another, or your user CAL from one user to another; or temporarily reassign your device CAL to a loaner device while the first device is out of service, or your user CAL to a temporary worker while the user is absent. 4.ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. 4.1 Runtime-Restricted Use Software. The software is “Runtime-Restricted Use” software; as such, it may only be used to run the Unified Solution solely as part of the Unified Solution. The software may not be used either (i) to develop any new software applications, (ii) in conjunction with any software applications, databases or tables other than those contained in the Unified Solution, and/or (iii) as a standalone software application. The foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables. A CAL permits you to access instances of only the Runtime-Restricted User version of the server software licensed and delivered to you as part of the Unified Solution, in accordance with the other terms of the agreement. 4.2 Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or virtual OSEs on the server. 4.3 Multiplexing. Hardware or software you use to pool connections, reroute information, or reduce the number of devices or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need. 4.4 No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless expressly permitted. This applies even if the OSEs are on the same physical hardware system. 4.5 Fail-over Server. For any OSE in which you run instances of the server software, you may run up to the same number of passive fail-over instances in a separate OSE for temporary support. You may run the passive fail-over instances on a server other than the licensed server. However, if you have licensed the server software under section 2.2(a) and the OSE in which you run the passive fail-over instances is on a separate server, the number of physical cores on the separate server must not exceed the number of physical cores on the licensed server and the core factor for the physical processors in that server must be the same or lower than the core factor for the physical processors in the licensed server. If you have licensed the server software under section 2.2(b), the number of hardware threads used in that separate OSE must not exceed the number of hardware threads used in the corresponding OSE in which the active instances run. ISV Royalty Agreement EULA (April 1, 2012) Page 6 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 248 4.6 SQL Server Reporting Services Map Report Item. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps APIs”). The purpose of these features is to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use them to create and view dynamic or static documents. This may be done only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps APIs. You may not use the following for any purpose even if they are available through the Bing Maps APIs: Bing Maps APIs to provide sensor based guidance/routing, or any Road Traffic Data or Bird’s Eye Imagery (or associated metadata. Your use of the Bing Maps APIs and associated content is also subject to the additional terms and conditions at go.microsoft.com/fwlink/?LinkId=21969. 4.7 Included Microsoft Programs. The software includes other Microsoft programs listed at http://go.microsoft.com/fwlink/?LinkID=231864, which are licensed under the terms and conditions associated with them. You may only use these programs in conjunction with the software licensed here. If you do not accept the license terms associated with a program, you may not use that program. 5.INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 6.BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software. However, this does not apply to the Microsoft .NET Framework (see below). 7..NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software 8.MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 9.SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Licensor and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software, including any application programming interfaces included in the software, for others to copy; share or otherwise distribute documents, text or images created using the software Data ISV Royalty Agreement EULA (April 1, 2012) Page 7 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 249 Mapping Services features; rent, lease or lend the software; or use the software for commercial software hosting services. You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software; Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device. 10.BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software. 11.DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12.NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 13.ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country. 14.TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to another end user as part of a transfer of the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered to you by or on behalf of the Licensor solely as part of the Unified Solution. Before the transfer, that end user must agree that this agreement applies to the transfer and use of the software. The first user may not retain any instances of the software unless that user also retains another license for the software. 15.EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 16.ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet-based services that you use, are the entire agreement for the software. 17.LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the Licensor from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 18.NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND MICROSOFT HAS RELIED ON LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE. 19.NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY WARRANTIES WITH REGARD TO EITHER (A) THE SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MICROSOFT. 20.NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY ISV Royalty Agreement EULA (April 1, 2012) Page 8 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 250 GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00). 21.FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. If the Australian Consumer Law applies to your purchase, the following applies to you: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Microsoft and SQL Server are registered trademarks of Microsoft Corporation in the United States and/or other countries. ISV Royalty Agreement EULA (April 1, 2012) Page 9 of 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 251 (For ISV Royalty Program Only) 1 Microsoft SQL Server2012 Enterprise Core Edition (Runtime){TC "Microsoft {TC "Microsoft SQL Server 2000 Workgroup SQL Server 2000 Workgroup Edition" \\f C \\l "1" } Edition" \\f C \\l "1" } 2 Core Licenses: 12 END-USER LICENSE AGREEMENT These license terms are an agreement between the licensor of the software application or suite of applications with which you acquired the Microsoft software (“Licensor”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft updates, supplements, and Internet-based services for this software, unless other terms accompany those items. If so, those terms apply. Microsoft Corporation or one of its affiliates (collectively, “Microsoft”) has licensed the software to the Licensor. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO PLACE OF PURCHASE FOR A REFUND OR CREDIT. These terms supersede any electronic terms which may be contained within the software. If any of the terms contained within the software conflict with these terms, these terms will control. IMPORTANT NOTICE: AUTOMATIC UPDATES TO PREVIOUS VERSIONS OF SQL SERVER. If this software is installed on servers or devices running any supported editions of SQL Server prior to SQL Server 2012 (or components of any of them) this software will automatically update and replace certain files or features within those editions with files from this software. This feature cannot be switched off. Removal of these files may cause errors in the software and the original files may not be recoverable. By installing this software on a server or device that is running such editions you consent to these updates in all such editions and copies of SQL Server (including components of any of them) running on that server or device. *** IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SERVER YOU PROPERLY LICENSE. 1.OVERVIEW. 1.1 Software. The software includes server software, and 1 LICENSOR: For “Academic Edition” licensed software, please specify the name. For example: Microsoft SQL Server 2012, Enterprise Core Edition and Academic Edition. 2 LICENSOR: Specify the total number of core licenses for which the end user is licensed under this agreement. ISV Royalty Agreement EULA (April 1, 2012) Page 1 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 252 additional software that may only be used with the server software directly, or indirectly through other additional software. 1.2 License Model. The software is licensed based on the number of physical and/or virtual cores in the server. 1.3 Licensing Terminology. Instance. You create an “instance” of the software by executing the software’s setup or install procedure. You also create an instance of the software by duplicating an existing instance. References to the “software” in this agreement include “instances” of the software. Run an Instance. You “run an instance” of the software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory. Operating System Environment (“OSE”). An “operating system environment” or “OSE” is (i)all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights; and (ii)instances of applications, if any, configured to run on the operating system instance or part identified above. A physical hardware system can have either or both of the following: one physical operating system environment; one or more virtual operating system environments. A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system. Physical Core. A physical core is a core in a physical processor. A physical processor consists of one or more physical cores. Hardware Thread. A hardware thread is either a physical core or a hyper-thread in a physical processor. Virtual Core. A virtual core is the unit of processing power in a virtual (or otherwise emulated) hardware system. A virtual core is the virtual representation of one or more hardware threads. Virtual OSEs use one or more virtual cores. Assigning a License. To assign a license is to designate that license to a server. Core Factor. The core factor is a numerical value associated with a specific physical processor for purposes of determining the number of licenses required to license all of the physical cores on a server. 2.USE RIGHTS. ISV Royalty Agreement EULA (April 1, 2012) Page 2 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 253 2.1 Licensing a Server. Before you run instances of the server software on a server, you must determine the number of software licenses required and assign those licenses to that server as described below. 2.2 Determining the Number of Licenses Required. You have two license options: (a)Physical Cores on a Server. You may license based on all of the physical cores on the server. If you choose this option, the number of licenses required equals the number of physical cores on the server multiplied by the applicable core factor located at . http://go.microsoft.com/fwlink/?LinkID=229882 (b)Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software. If you choose this option, for each virtual OSE in which you run the server software, you need a number of licenses equal to the number of virtual cores in the virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count toward the minimum requirement of four licenses per virtual OSE. 2.3 Assigning the Required Number of Licenses to the Server. (a)Initial Assignment. After you determine the number of software licenses required for a server, you must assign that number of licenses to that server. The server to which a license is assigned is considered the “licensed server” for such license. You may not assign a license to more than one server. A hardware partition or blade is considered a separate server. (b)Reassignment. You may reassign a license, but not within 90 days of its last assignment. You may reassign a license sooner if you retire the licensed server to which the license is assigned due to permanent hardware failure. If you reassign a license, the server to which you reassign the license becomes the new licensed server for that license. 2.4 Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the number of software licenses required: (a)Physical Cores on a Server. For each server to which you have assigned the required number of licenses as provided in Section 2.2(a), you may run on the licensed server any number of instances of the server software in a number of physical and/or virtual OSEs equal to the number of licenses assigned to that server. Thereafter, for each additional license that you assign to the licensed server under section 2.2(a), you may run instances of the server software in an additional OSE on that licensed server. (b)Individual Virtual OSE. For each virtual OSE for which you have assigned the required number of licenses as provided in section 2.2(b), you have the right to run any number of instances of the server software in that virtual OSE. 2.5 Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in physical or virtual operating system environments on any number of devices so long as the additional software is used only in conjunction with the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered by or on behalf of the Licensor. You may use the additional software only with the server software directly, or indirectly through other additional software. Business Intelligence Development Studio Client Tools Backward Compatibility Client Tools Connectivity ISV Royalty Agreement EULA (April 1, 2012) Page 3 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 254 Client Tools SDK Data Quality Client Data Quality Services Distributed Replay Client Distributed Replay Controller Management Tools - Basic Management Tools - Complete Reporting Services – SharePoint Reporting Services Add-in for SharePoint Products Master Data Services Sync Framework SQL Client Connectivity SDK SQL Server 2012 Books Online 2.6 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you acquire. (a) You may create any number of instances of the server software and additional software. (b) You may store instances of the server software and additional software on any of your servers or storage media. (c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described (e.g., you may not distribute instances to third parties). 3.ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. 3.1 Runtime-Restricted Use Software. The software is “Runtime-Restricted Use” software; as such, it may only be used to run the Unified Solution solely as part of the Unified Solution. The software may not be used either (i) to develop any new software applications, (ii) in conjunction with any software applications, databases or tables other than those contained in the Unified Solution, and/or (iii) as a standalone software application. The foregoing provision, however, does not prohibit you from using a tool to run queries or reports from existing tables. 3.2 Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or virtual OSEs on the server. 3.3 Multiplexing. Hardware or software you use to pool connections, reroute information, or reduce the number of devices or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need. 3.4 No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless expressly permitted. This applies even if the OSEs are on the same physical hardware system. 3.5 Fail-over Server. For any OSE in which you run instances of the server software, you may run up to the same number of passive fail-over instances in a separate OSE for temporary ISV Royalty Agreement EULA (April 1, 2012) Page 4 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 255 support. You may run the passive fail-over instances on a server other than the licensed server.However, if you licensed the server software under section 2.2(a) and the OSE in which you run the passive fail-over instances is on a separate server, the number of physical cores on the separate server must not exceed the number of physical cores on the licensed server and the core factor for the physical processors in that server must be the same or lower than the core factor for the physical processors in the licensed server. If you have licensed the server software under section 2.2(b), the number of hardware threads used in that separate OSE must not exceed the number of hardware threads used in the corresponding OSE in which the active instances run. 3.6 SQL Server Reporting Services Map Report Item. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps APIs”). The purpose of these features is to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use them to create and view dynamic or static documents. This may be done only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps APIs. You may not use the following for any purpose even if they are available through the Bing Maps APIs: Bing Maps APIs to provide sensor based guidance/routing, or any Road Traffic Data or Bird’s Eye Imagery (or associated metadata). Your use of the Bing Maps APIs and associated content is also subject to the additional terms and conditions at go.microsoft.com/fwlink/?LinkId=21969. 3.7 Included Microsoft Programs. The software includes other Microsoft programs listed at http://go.microsoft.com/fwlink/?LinkID=231864, which are licensed under the terms and conditions associated with them. You may only use these programs in conjunction with the software licensed here. If you do not accept the license terms associated with a program, you may not use that program. 4.INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 5.BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software. However, this does not apply to the Microsoft .NET Framework (see below). 6..NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 7.MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 8.SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Licensor and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software; ISV Royalty Agreement EULA (April 1, 2012) Page 5 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 256 reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software, including any application programming interfaces included in the software, for others to copy; share or otherwise distribute documents, text or images created using the software Data Mapping Services features; rent, lease or lend the software; or use the software for commercial software hosting services. You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software. Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device. 9.BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software. 10.DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 11.NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 12.ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country. 13.TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to another end user as part of a transfer of the integrated software turnkey application or suite of applications (the “Unified Solution”) delivered to you by or on behalf of the Licensor solely as part of the Unified Solution. Before the transfer, that end user must agree that this agreement applies to the transfer and use of the software. The first user may not retain any instances of the software unless that user also retains another license for the software. 14.EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 15.ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet-based services that you use, are the entire agreement for the software. 16.LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the Licensor from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 17.NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND MICROSOFT HAS RELIED ON LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE. 18.NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY WARRANTIES WITH REGARD TO EITHER (A) THE SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE ISV Royalty Agreement EULA (April 1, 2012) Page 6 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 257 SOFTWARE, THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MICROSOFT. 19.NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00). 20.FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. If the Australian Consumer Law applies to your purchase, the following applies to you: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Microsoft and SQL Server are registered trademarks of Microsoft Corporation in the United States and/or other countries. ISV Royalty Agreement EULA (April 1, 2012) Page 7 of 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 258 (For ISV Royalty Program Only) 1 Microsoft System Center 2012 Configuration Manager 1 Microsoft System Center 2012 Client Management Suite 1 Microsoft System Center 2012 Standard _ 1 Microsoft System Center 2012 Datacenter {TC "Microsoft SQL Server 2000 X {TC "Microsoft SQL Server 2000 Workgroup Edition" \\f C \\l "1" } Workgroup Edition" \\f C \\l "1" } 2 Licenses:Management Licenses: END-USER LICENSE AGREEMENT These license terms are an agreement between the licensor of the software application or suite of applications with which you acquired the Microsoft software (“Licensor”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft updates, supplements, and Internet-based services for this software, unless other terms accompany those items. If so, those terms apply. Microsoft Corporation or one of its affiliates (collectively, “Microsoft”) has licensed the software to the Licensor. By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to place of purchase for a refund or credit. As described below, using some features of the software also operates as your consent to the transmission of certain computer information during validation and for Internet-based services. These terms supersede any electronic terms which may be contained within the software. If any of the terms contained within the software conflict with these terms, these terms will control. If you comply with these license terms, you have the rights below for each software license you acquire. 1.OVERVIEW. a.Software.The software includes server software; and additional software that may only be used with the server software directly, or indirectly through other additional software. 1 LICENSOR: For “Academic Edition” licensed software, please specify the name. For example: Microsoft System Center 2012 Configuration Manager Edition and Academic Edition. 2 LICENSOR: Specify the total number of management licenses of the software that the end-user is licensed for under this agreement. ISV Royalty Agreement EULA (April 1, 2012)Page 1of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 259 b.License Model. The software is licensed based on the number of physical and virtual operating system environments you manage, and in some cases, the number of users who use them. c.Licensing Terminology. i. Assigning a License. To assign a license means simply to designate that license to one server, device, or user. ii.Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory. iii. Operating System Environment. An “operating system environment (or OSE)” is all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and instances of applications, if any, configured to run on the operating system instance or parts identified above. There are two types of OSEs, physical and virtual. A physical OSE is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software (e.g. Microsoft Hyper-V Server or similar technologies) or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar technologies) is considered part of the physical OSE. A virtual OSE is configured to run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both one physical OSE and one or more virtual OSEs. iv.Managing OSEs. For purposes of these license terms, to “manage” an OSE means to solicit or receive data about, configure, or give instructions to the hardware or software that is directly or indirectly associated with the OSE. “Managing” an OSE does not include discovering the presence of a device or OSE. v.Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system. vi.Server Software. "Server Software", as used in these license terms, means any or all of the components of either System Center 2012 Configuration Manager, System Center 2012 Client Management Suite, System Center 2012 Standard or System Center 2012 Datacenter depending on which software license(s) you acquire. 2.USE RIGHTS. Acquiring and Assigning Management Licenses. a.Before you use the Server Software to manage your OSEs, you must acquire and assign the required number of the appropriate category, type or edition of management licenses as described below. ment Licenses. There are two categories of management licenses: i.Categories of Manage server and client. The category of license required depends on the operating system software running within an OSE. OSEs running server operating system software require server management licenses. OSEs running any other operating system software require client management licenses. ISV Royalty Agreement EULA (April 1, 2012)Page 2of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 260 ii.Server Management Licenses. There is one type of server management license: OSE, and two editions: Standard and Datacenter. An OSE server management license permits you to use the Server Software to manage the number of OSEs corresponding to its edition. All of the server management licenses you assign to a server must be of the same edition. Your server management licenses do not permit management of any OSE running a non-server operating system. . The number of OSE server management licenses you A.System Center 2012 Standard need depends on the number of physical processors there are on the server on which your managed OSEs will run and the number of OSEs you will manage on that server. You must calculate the licenses you need based on each, as described below, and acquire and assign to your server the greater number of licenses. I.Counting licenses based on processors. Each license covers up to two physical processors, so you must count the number of physical processors on the server, divide that number by two, round up to the nearest whole number. II.Counting licenses based on managed OSEs. Each license permits you to manage up to two OSEs, so you must count the number of OSEs you will manage on the server, divide that number by two, and round up to the nearest whole number. An exception to this rule is when the physical OSE on your server is being used solely to run hardware virtualization software, provide hardware virtualization services, and run software to manage and service OSEs on that device. In that case, you only count the number of virtual OSEs you will manage on the server, divide that number by two, and round up to the nearest whole number. Provided you acquire and assign to your server the required number of Standard edition server management licenses, as described above, you may manage the OSEs on that server. B.System Center 2012 Datacenter.The number of OSE server management licenses you need depends on the number of physical processors there are on the server on which your managed OSEs will run. Each license covers up to two physical processors, so you must count the number of physical processors on the server, divide that number by two, round up to the nearest whole number, and acquire and assign that number of licenses to your server. Provided you acquire and assign to your server the required number of Datacenter edition server management licenses, as described above, you may manage any number of OSEs on that server. iii.Client Management Licenses. Client Management Licenses include System Center 2012 Configuration Manager Client Management License and System Center 2012 Client Management Suite Client Management License. There are two types of client management licenses: one for managed OSEs and one for users. You may choose either type or a combination of both. Your client management licenses do not permit management of any OSE running a server operating system. OSE Client Management Licenses. Each OSE client management license permits you to use the Server Software to manage one OSE. That OSE may be used by any number of users. If you acquire OSE client management licenses, you must assign them to the device on which your managed OSEs will run (one per managed OSE). A hardware partition or blade is considered to be a separate device. User Client Management Licenses. Each user client management license permits you to use the Server Software to manage all of the OSEs used by the user to whom it is assigned. If you acquire user client management licenses, you must assign them to the users of your managed OSE(s) (one per user). If you have more than one user using an ISV Royalty Agreement EULA (April 1, 2012)Page 3of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 261 OSE, and you are not licensed by OSE, you must assign a user client management license to each of the users. iv.Management Licenses Not Required. You do not need a management license for any of your OSEs in which no instances of software are running, any of your devices functioning only as network infrastructure devices (OSI layer 3 or below), or any of your devices for which you are exclusively performing out of band management. "Out of band management" consists of interaction via a network connection with a hardware management controller to monitor or manage the status of hardware components such as: system temperature fan speed power on/off system reset CPU availability. v.Reassignment of Management Licenses. You may permanently reassign a management license from one device to another or from one user to another; or temporarily reassign a management license to a loaner device while the first device is out of service or a temporary worker while the first user is absent. vi.Management License Downgrade Rights. Your System Center 2012 management licenses permit management by your instances of separately licensed, earlier versions of the Server Software (but not later versions). Despite anything to the contrary in the license terms that come with your separately licensed, earlier version of the Server Software, your use of that earlier version to manage OSEs on devices to which you have assigned System Center 2012 management licenses is governed by these System Center 2012 license terms. If you are running an earlier version of the Server Software under these System Center 2012 license terms, you may also use the management licenses corresponding to that earlier version. Despite anything to the contrary in these System Center 2012 license terms, your use of the earlier version of the Server Software to manage OSEs on devices to which you have assigned the earlier versions of management licenses is governed by the license terms that come with that earlier version of the Server Software. b.Software Use. Once you acquire and assign the required number of appropriate management license(s) to your servers, other devices and users, you may use the Server Software to manage your OSE(s).Each management license, gives you the following rights. i.Running Instances of the Server Software. You may run, at any one time, one instance of the Server Software on one or more of your servers. ii.Running Instances of the Additional Software. You may run or otherwise use any number of instances of additional software listed in Addendum A to this agreement or otherwise identified as additional software for the applicable Server Software in physical or virtual OSEs on any number of devices. You may use additional software only with the Server Software directly, or indirectly through other additional software. iii.Creating and Storing Instances on Your Servers or Storage Media. You may create any number of instances of the Server Software and additional software, and store those instances on any of your servers or storage media. You may create and store instances solely to exercise your right to run instances of the software under your management licenses as described (e.g., you may not distribute instances to third parties). ISV Royalty Agreement EULA (April 1, 2012)Page 4of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 262 c.Included Microsoft Programs. The software contains the following Microsoft programs and the license terms that would apply to your use of these programs are found in the “SQLSERVERPROGAMLICENSES” folder located on the DVD or within the “Licenses” folder in the installed location. If you do not agree to those license terms, do not use these programs. SQL Server Compact 3.5 with Service Pack 2 SQL Server Data-Tier Application Framework 1.1 SQL Server 2008 R2 Shared Management Objects System CLR Types for SQL Server 2008 R2 SQL Server 2008 R2 Transact-SQL Language Service The software may also contain other Microsoft programs. These license terms apply to your use of those programs. d.Third Party Programs. The software contains third party programs. The license terms with those programs apply to your use of them. 3.ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a.Multiplexing.Hardware or software you use to pool connections, reroute information, or reduce the number of OSEs the software manages (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need. b.License Terms for SQL Server Technology. The Server Software includes SQL Server Technology. You may run, at any one time, one instance of that technology in one physical or virtual operating system environment on one server solely to support the server software. You do not need SQL Server CALs for that use. You may create and store any number of instances of SQL Server Technology on any of your servers or storage media solely to exercise your right to run an instance of SQL Server Technology under any of your software licenses. c.Management Packs. The software contains management packs including, but not limited to, Management Packs, Configuration Packs, and Integration Packs. Packs are “Additional Software” and the license terms in Section 2.b.ii above apply to your use of them. d.Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply. e.Site Hierarchy – Geographical View. The Server Software includes a feature that retrieves content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”). The purpose of this feature is to display site data on top of maps, aerial and hybrid imagery. You may use the feature to display the site data on your screen or print a written report including that display. This may be done only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps API. You may not use the following for any purpose even if they are available through the Bing Maps API: the Bing Maps API to provide sensor based guidance/routing, any Road Traffic Data or Bird’s Eye Imagery (or associated metadata). Your use of the Bing Maps API and associated content is also subject to the additional terms and conditions at http://go.microsoft.com/fwlink/?LinkID=223934. ISV Royalty Agreement EULA (April 1, 2012)Page 5of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 263 f.License terms for Windows Automated Installation Kit. The Server Software includes the Windows Automated Installation Kit (WAIK) and the license terms below apply to your use of the WAIK software. i.Windows Pre-Installation Environment. You may install and use the Windows Pre- Installation Environment portion of the WAIK software for purposes of diagnosing and recovering Windows operating system software. For the avoidance of doubt, you may not use the Windows Pre-Installation Environment for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client. ii.ImageX.exe, Wimgapi.dll, Wimfilter and Package Manager. You may install and use the ImageX.exe, Wimgapi.dll and Wimfilter and Package Manager portions of the WAIK software for recovering Windows operating system software. For avoidance of doubt, you may not use these portions of the WAIK software for any other purpose, including without limitation for purposes of backing up your Windows operating system. iii.Activation.For Volume Activation Management Tool (“VAMT”), when you install VAMT, it may activate the use of Windows Server 2008, Windows Vista, Windows Server 2008-R2 or Windows 7 with a specific physical hardware system (“Device”). During activation, VAMT will send information about Windows Server 2008, Windows Vista, Windows Server 2008-R2, or Windows 7 and Device(s) to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the system running VAMT, and information derived from the hardware configuration of the Device(s) running Windows Server 2008, Windows Vista, Windows Server 2008-R2, or Windows 7. The information sent to Microsoft does not represent any personal information. This information cannot be used to determine the make or model of the device(s) and it cannot be backward calculated to determine any additional information about your device(s). For more information, see go.microsoft.com/fwlink/?linkid=141210. By using the WAIK software, you consent to the transmission of this information. 4.VALIDATION. Upon first installation, the software will validate the software product key. During a validation check, the software will validate the software locally and no information will be sent to Microsoft. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources see www.microsoft.com. 5.INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. a.Consent for Internet-Based Services. The software features described below and in the System Center 2012 Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. Unless otherwise noted, you may switch off these features or not use them. For more information about these and other features, see System Center 2012 Privacy Statement. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. . The following features use Internet protocols, which send to the Computer Information appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you run the software. Microsoft uses this information to make the Internet-based services available to you. Automatic Updates. Software with Click-to-Run technology may check with Microsoft now and then for updates and supplements. If the software finds updates and supplements, it might download and install them on your licensed device. Customer Experience Improvement Program (CEIP).This software uses CEIP. CEIP automatically sends Microsoft information about your hardware and how you use this software. We do not use this information to identify or contact you. CEIP will also periodically ISV Royalty Agreement EULA (April 1, 2012)Page 6of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 264 download a small file to your computer. This file helps us collect information about problems that you have while using the software. When available, new help information about the errors might also be automatically downloaded. To learn more about CEIP, see www.microsoft.com. Microsoft Error Reporting Service. This feature helps Microsoft and Windows partners diagnose problems in the software and provide solutions. Not all problems will have a solution but when a solution is available, it will be offered as a step to solve a problem you have reported or as an update to install. As part of setup and installation, the Microsoft Error Reporting Service sends to Microsoft information about setup and installation failures in order to attempt to diagnose the problem. To help prevent problems and make the software more reliable, some solutions are also included in service packs and future versions of the software. . You may connect new hardware to the device where Windows (or Microsoft) Update Feature you installed the software. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your device. You can switch off this update feature. b.Use of Information. Microsoft may use the computer information, CEIP information, and Malware reports, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. c.Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. 6..NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 7.BENCHMARK TESTING. You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software. However, this does not apply to the Microsoft .NET Framework (see below). 8.MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 9.SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Licensor and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; ISV Royalty Agreement EULA (April 1, 2012)Page 7of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 265 publish the software, including any application programming interfaces included in the software, for others to copy; rent, lease or lend the software; or use the software for commercial software hosting services. You also may not remove, minimize, block or modify any of the following that are included in the software, including any content made available to you through the software: logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers. Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device. 10.BACKUP COPY. a.Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to create instances of the software. b.Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to create instances of the software. 11.DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12.NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 13.ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country. 14.SOFTWARE DOWNGRADE. You may create, store and use instances of this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. 15.EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 16.ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet-based services that you use, are the entire agreement for the software. 17.LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the Licensor from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 18.NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE INTEGRATED SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU, AND MICROSOFT HAS RELIED ON LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE. 19.NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY ISV Royalty Agreement EULA (April 1, 2012)Page 8of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 266 WARRANTIES WITH REGARD TO EITHER (A) THE SOFTWARE, OR (B) THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MICROSOFT. 20.NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00). ISV Royalty Agreement EULA (April 1, 2012)Page 9of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 267 ADDENDUM A List of Additional Software Microsoft System Center 2012 Offering Additional Software licensed under Section 2.b.ii. of the Agreement System Center 2012 Standard Unified Installer System Center 2012 Datacenter System Center 2012 Configuration Manager Configuration Manager Console System Center 2012 Client Management Suite Configuration Manager Client System Center 2012 Standard Device Management Point System Center 2012 Datacenter Custom Updates Publishing Tool Distribution Point Fallback Status Point Inventory Tool for Microsoft Updates PXE Service Point Management Point Reporting Point Secondary Site Server Server Locator Point Software Update Point State Migration Point System Health Validator Point Out of Band Service Point Virtual Machine Manaer Aent System Center 2012 Configuration Manager gg Physical to Virtual Agent System Center 2012 Standard Administrator Console System Center 2012 Datacenter Virtual Machine Manager Self Service Portal VMRC Client Server Application Virtualization System Center 2012 Client Management Suite Audit Collection Services software System Center 2012 Standard Connector Framework System Center 2012 Datacenter Power Shell Analysis Services Shared Tools Business Intelligence Development Studio Connectivity Components Legacy Components Management Tools Notification Services Client Components Reporting Services Report Manager Reporting Services Shared Tools SQL Server 2008 Shared Tools Software Development Kit SQLXML Client Features SQL Server 2008 Books Online SQL Server Mobile Server Tools Data warehouse management server Data warehouse database Service Manager console Self-service portal ISV Royalty Agreement EULA (April 1, 2012)Page 10of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 268 Continued Avicode Incident Snapshot Utility AVIcode Incident Upload Utility o System Center 2012 Client Management Suite AVIcode Intercept Agent o System Center 2012 Standard AVIcode Intercept SE-Viewer o System Center 2012 Datacenter AVIcode Intercept Visual Studio Plug-In AVIcode BizTalk Application Cartridge AVIcode SharePoint Application Cartridge AVIcode Reporting Services Cartridge AVIcode Advisor 5.7 AVIcode .NET Enterprise Management Pack 5.7 for Operations Manager 2007 AVIcode Intercept uX Management Pack for Operations Manager 2007 AVIcode BizTalk Application Management Pack for Operations Manager 2007 AVIcode SharePoint Application Management Pack for Operations Manager 2007 AVIcode Reporting Services Management Pack for Operations Manager 2007Opalis Integration Server Quick Integration Kit Opalis Operator Console Installer Opalis Integration Server 6.2.2 SP1 Data Protection Manager 2010 Agent Data Protection Manager Remote Command-Line There may be other software provided to you which is identified as “Additional Software” and licensed to you under the terms of this license agreement. ISV Royalty Agreement EULA (April 1, 2012)Page 11of 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 269 Exhibit B \[Intentionally Omitted\] 21 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 270 Exhibit C Technical and Implementation Documents C-1 ”Pricing Summary & Equipment List” dated May 24, 2016 C-2 ”Technical & Implementation Documents” dated May 24, 2016 C-3 “Acceptance Test Plan” or “ATP” (to be mutually developed during implementation) C-4 “Performance Schedule” dated May 24, 2016 22 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 271 EXHIBIT C-1. PRICING AND EQUIPMENT LIST SECTION 7 PROPOSAL PRICING 7.1PROPOSAL PRICE SUMMARY PROPOSAL PRICE SUMMARY Motorola Application Software - PremierOne CAD Mobile $384,459 Motorola Application Software - PremierOne Jail$81,830 Motorola Application Software - PremierOne Jail Migration Discount($81,830) Motorola Interface Fees$17,200 Other Hardware/Software - PremierOne CAD Mobile$74,836 Other Hardware/Software - PremierOne Jail$23,927 Server Hardware/Software - PremierOne CAD Mobile$79,802 Server Hardware/Software - PremierOne Jail$38,568 Third Party Partner Software and Implementation $39,333 Implementation/Installation $1,332,222 Subtotal $1,990,347 Sales Tax* $9,470 Project Contingency** $130,000 LESS: System Discount ($729,126) System Total $1,400,690 Years 1-10 Maintenance $1,297,865 Lifecycle Support Services $555,212 Grand Total $3,253,767 Motorola pricing and the System Discount is based on a complete system solution, inclusive of Years 1-10 Maintenance and Lifecycle Support Services, as described in the Standard Maintenance Summary and LifeCycle Support Services tables below. The addition or deletion of any component(s) may subject the System Discount and total system price to modifications. *Estimated sales tax for Hardware only **Subject to additional sales tax if used for taxable hardware. Note: Motorola has provided Chula Vista with a one for one Migration Discount for current OffenderTrak Licensing to PremierOne Jail. City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 272 EXHIBIT C-1. PRICING AND EQUIPMENT LIST 7.2PROPOSAL PRICE DETAIL CategoryName------Qty------Total PremierOne Software$39,088 P1 Query Service Server License 1 P1 GIS Editing Client Plug-In License 1 PremierOne CAD&Mobile Reporting Service Server License 1 PremierOne Mapping Server License 2 PremierOne CAD Software$194,700 P1 CAD Server License (Primary) 1 P1 CAD Dispatch (CAD Client and Mapping) 10 PremierOne Mobile Software$150,671 P1 Mobile Server License (Primary) 1 P1 Mobile Client License with Mobile Mapping (Concurrent User) 65 PremierOne Records Software0 PremierOne Records Tier 3 Server License (1 to 50 users) 1 PremierOne Records Client Concurrent User License 10 Advanced Configuration Tool 1 PremierOne Records Jail Booking and Detention 1 Motorola-Interfaces$17,200 Positron Viper/TDD $2,500 Spectracom Netclock $0 Radio: PTT $1,800 NetRMS CFS $2,500 ARJIS Call Export $2,500 NetRMS Query for CAD & Records $1,800 San Diego Regional Mugshot System $2,500 AFIS $1,800 State/NCIC $1,800 Server Hardware and Software$66,313 HP Rack Model 10642 G2 w/ Rackmount Keyboard & Monitor 1 Cable Management Panel 2 Ethernet Cables - Cat 6 Cables 2 HP Rack Mount Switch for Base Configuration HP 5800-24G Rack 2 Mount Switch, HP RPS 800 Redundant Pow HP Host Server HP DL380c Gen9 -- Host Server - (Dual 8-core 2 Gen9v3 Processor) Perimeter Router and Firewall FortiGate-300C (8) 10/100/1000 2 accelerated ports, (2) 10/100/1000 por Server Hardware and Software - PremierOne Jail$38,568 HP Host Server HP DL380c Gen9 -- Host Server - (Dual 8-core 2 Gen9v3 Processor) Storage Hardware and Software$13,489 HP StoreOnce 2000 Catalyst, 2700 8TB Backup 1 Storage HP Data Protector Software 1 City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 273 EXHIBIT C-1. PRICING AND EQUIPMENT LIST Other Hardware and Software - PremierOne CAD/Mobile$74,836 Lantronix UDS1100 (one required for each 911 interface) 2 ESRI ArcGIS Desktop 10 1 ESRI ArcGIS Desktop 10 Network Analyst Extension 1 PresenTense Software -- CAD Clients and Servers 12 Microsoft SQL Server Enterprise Runtime Core 2012 ALNG 6 Embedded MVL 2 Licenses core Lic Microsoft SQL Svr Ent Runtime Core 2012 ALNG Embedded 6 Maintenance MVL 2 License core Lic Microsoft®SysCtrDatacenter 2012R2 AllLng Embedded MVL 2 1License 2Proc Microsoft®SysCtrDatacenter 2012R2 AllLng EmbeddedMaintenance 2 MVL 1License 2Proc Other Hardware and Software - PremierOne Jail$23,927 PresenTense Software -- CAD Clients and Servers 2 Microsoft SQL Server Standard Runtime Core 2012 ALNG 8 Embedded MVL 2 Licenses core Lic Microsoft®SysCtrDatacenter 2012R2 AllLng Embedded MVL 2 1License 2Proc Third Party Partners$39,333 Query Services -Commsys Software Licenses Implementation Service 1 Commsys - SDFusion Software Licenses Implementation Services 1 Implementation/Installation, cont.$1,332,222 INTERFACE DEVELOPMENT, IMPLEMENTATION, TEST $17,000 Positron Viper/TDD $0 Spectracom Netclock $19,500 Radio: PTT $37,000 NetRMS CFS $58,500 ARJIS Call Export $32,000 NetRMS Query for CAD & Records $69,627 San Diego Regional Mugshot System $45,000 AFIS $11,000 CLETS/NCIC $6,204 SDFusi+C28on Query $2,000 CCSI FLOOR SPACE COST $200 SHIPPING $1,990,347 Subtotal $9,470 Sales Tax $130,000 Project Contingency LESS: System Discount($729,126) System Total $1,400,690 Years 1-10 Maintenance $1,297,865 Lifecycle Support Services $555,212 $3,253,767 Grand Total Note: System pricing with system discount is contingent upon customer approval of the proposed Years 1-10 Maintenance and Support Agreement that includes automatic, annual invoicing without need of issuing a purchase order. City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 274 EXHIBIT C-1. PRICING AND EQUIPMENT LIST 7.3MAINTENANCE SUMMARIES AND PRICING YEAR 2 MAINTENANCE SUMMARY Year 1 Year 2 Annual Annual AmountAmount Motorola Software Maintenance - PremierOne CAD/MobileWarranty $75,846 Motorola Software Maintenance - PremierOne Jail$14,648$15,381 Multi-Product Discount - PremierOne CAD/Mobile N/A($3,792) Multi-Product Discount - PremierOne Jail($716)($752) Multi-year Discount - PremierOne CAD/MobileN/A($1,441) Multi-year Discount - PremierOne Jail ($272)($286) Maintenance Discount ($782)($5,183) PremierOne Server Hardware Maintenance - PremierOne CAD/MobileWarranty $10,939 PremierOne Server Hardware Maintenance - PremierOne JailWarranty $4,632 Microsoft SQL Server RUNTIME and Systems Center Operations Mgr EmbeddWarranty $10,498 Microsoft SQL Server RUNTIME and Systems Center Operations Mgr Embedd$5,068$5,321 Query Services -CommsysWarranty $3,509 Commsys - SDFusion$1,404 Total Maintenance$17,946$116,076 City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 275 EXHIBIT C-1. PRICING AND EQUIPMENT LIST Standard Maintenance Summary Year 1$17,946 Year 2$116,076 Year 3$121,880 Year 4$127,974 Year 5$134,372 Year 6$141,091 Year 7$148,146 Year 8$155,553 Year 9$163,331 Year 10$171,497 Note: Maintenance pricing is based on 2016 rates, subject to then current rates upon commencement. Changes to configuration or count will result in a change to maintenance pricing. Maintenance for Third Party products is subject to change based on prices quoted from the partners for first year of maintenance. Embedded Maintenance for Microsoft products is limited to SQL Server RUNTIME LifeCycle Support Services Year 1$62,580 Year 2$62,580 Year 3$64,458 Year 4$66,392 Year 5$68,383 Year 6$41,772 Year 7$43,861 Year 8$46,054 Year 9$48,357 Year 10$50,775 LifeCycle Services cover up to one standard and/or product software release every other year and one hardware refresh as specified in Exhibit D. Estimated hardware costs are based on the proposed configuration and are spread over first five years. Increases in hardware costs necessitated due to increased calls for service or dispatch or mobile licenses with be quoted at the time of the hardware upgrade. City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 276 EXHIBIT C-1. PRICING AND EQUIPMENT LIST 7.4PROPOSAL PRICE OPTIONS The following Options may be elected by the Customer upon contract execution or during the implementation of the project. If elected at contract execution, the Customer must indicate which Option(s) are selected by initialing each selected Option. The total value of the system will be adjusted with the inclusion of any Option(s). QUANTITY DESCRIPTIONAMOUNT SELECTED $44,058 Option #1 - Premier One Handheld (10) HandHeld licenses, (10) SOTI MobiControl Client License, (1) SOTI MobiControl Server License Option #2 - Advanced Messaging Solution and Responder Location $264,073 (1) Server Bundle, (180) Per Radio License Fees, Advanced Messaging IF, Smartzone CADI, ATIA, AIS IF, MCC7500 Radio Console IF, Responder Location IF $50,454 Option #3 - CAD to CAD APIs - Per Each (1) CAD API Licenses ($44,250 license fee), (24) hours of API pport for external agencies or their third party vendors su $12,833 Option #4 - Per PremierOne CAD Client License Option #5 - Per PremierOne Mobile License (Concurrent)$1,637 $1,637 Option #6 - Per PremierOne Jail Client License $863 Option #7 - Per PremierOne Handheld License $34,580 Option #8 - CLIPS (Years 1-10 Maintenance = $50,780) $116,574 Option #9 - SD Geodatabase Interface Option #10 - CAD User Interface Customization$15,625 $6,229 Option #11 - Status Monitor Customization $112,653 Option #12 - Offendertrak Data Conversion $2,650 Option #13 - Annual User's Conference Attendance* Advance purchase to the Users Conference includes: Registration fee, Rountrip travel (booked by Motorola), Hotel accomodations (booked by Motorola), Ground transportation (booked by Motorola), Daily meal allowance (determined by Motorola guidelines) City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 277 EXHIBIT C-1. PRICING AND EQUIPMENT LIST 7.4.1Option 8 CLIPS 10 Year Maintenance Standard Maintenance Summary Year 1Warranty Year 2$4,605 Year 3$4,836 Year 4$5,077 Year 5$5,331 Year 6$5,598 Year 7$5,878 Year 8$6,171 Year 9$6,480 Year 10$6,804 Note: Maintenance pricing is based on 2016 rates, subject to then current rates upon commencement. Changes to configuration or count will result in a change to maintenance pricing. Maintenance for Third Party products is subject to change based on prices quoted from the partners for first year of maintenance. Embedded Maintenance for Microsoft products is limited to SQL Server RUNTIME and Systems Center Operations Manager embedded licenses. Maintenance for Microsoft Windows Server is NOT included. City of Chula Vista, CA May 24, 2016 PREMIERONE CAD AND MOBILE, WITH PREMIERONE RECORDS 16-PS-68451 v2 Motorola Solutions Proposal Pricing 7-7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 278 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS SECTION 1 TECHNICAL SOLUTION SUMMARY DOCUMENT 1.1 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 279 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.2 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 280 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 281 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS PremierOne Handheld offers seven (7) standard queries including the ability to scan a driver’s license City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 282 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS consortium, PremierOne Jail automates every aspect of inmate tracking and transactions, helping City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 283 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 284 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.2.5 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 285 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS C City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-8 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 286 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 287 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS PremierOne CAD provides dispatchers the ability to manage incidents and field resources using “data City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-10 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 288 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 289 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 290 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Component Type City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 291 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.3.2.1 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 292 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 293 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-16 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 294 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-17 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 295 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.5 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-18 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 296 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-19 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 297 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-20 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 298 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1 1. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-21 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 299 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS can be accommodated in many ways including City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-22 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 300 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-23 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 301 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS system. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-24 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 302 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-25 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 303 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Unknown Site Readiness Requirements Evaluation Pass Fail City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-26 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 304 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Unknown Site Readiness Requirements Evaluation Pass Fail 1.7 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-27 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 305 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.7.2 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-28 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 306 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-29 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 307 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-30 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 308 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS INTERFACEGROUP TYPE City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-31 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 309 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.9 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-32 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 310 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.9.2 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-33 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 311 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-34 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 312 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.9.3 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-35 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 313 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-36 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 314 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-37 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 315 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-38 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 316 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-39 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 317 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.9.4.5 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-40 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 318 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Function Description City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-41 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 319 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records Use or disclosure of this proposal is subject 16-PS-68451 v2 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Technical Solution Summary Document 1-42 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 320 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS SECTION 2 IMPLEMENTATION PLAN 2.1PROJECT ORGANIZATION The Motorola Smart Public Safety Solutions organization is comprised of business groups that support the development and implementation of complex public safety communications systems. Members of these groups are involved from the proposed solution conception through system completion. The Motorola team that will be assigned to the Chula Vistaproject includes the project manager (PM), solution architect (SA), system technologist (ST), and business analysts (BA). The PM will have full responsibility for the successful completion of the implementation life cycle through the duration of the project implementation, including managing Motorola’s subcontractors and third-party partners. PM responsibilities are further described below. The SA owns the technical solution and has full responsibility for system design and performance, ensuring the technical integrity of the system design from contract throughout the entire project life-cycle. The SA designs the preliminary system and participates in the Contract Design Review (CDR) to finalize and confirm the system design meets the City’s requirements. STs are responsible for staging and on-site installation of all system equipment, including establishing connectivity with the City’s network(s) and external systems. The CAD/Mobile and Jail BAs work with the City to perform business analysis so that the provisioning and functional usage of the system meets their operational needs. The GIS BA will help develop the GIS data files for use with the system. Other groups support the efforts of the core team to ensure the successful implementation of the PremierOne solution. The City’s core project team should be comprised of a PM, a system administrator, CAD, Mobile and Jail super users, a GIS administrator, IT personnel, and training representatives. Personnel may fill more than one role. PM responsibilities are described below. The system administrator will participate in overall implementation activities and training activities to gain an understanding of the equipment, infrastructure, interfaces and functionality of the system. The super users will be involved in the business analysis and provisioning process and training and will be the points of contact for reporting and verifying problems and maintaining provisioning. The GIS administrator provides GIS data in the correct format and develops, maintains and updates GIS data elements for the PremierOne geodatabase and should have an in-depth knowledge (preferably 3-5 years of working experience) of ArcGIS to include ArcMap, ArcCatalog and ArcToolbox. They should have a working knowledge of SDE connections and MXD creation. IT personnel provide required information related to LAN, WAN and wireless networks and must also be familiar with connectivity to external and third party systems to which PremierOne will interface. Training representatives will be the point of contact for the Motorola BA when policy and procedural questions arise, act as course facilitators and are the City’s educational monitor. Additional resources, such as trainers and database administrators (if data conversion is included) may also be required. 2.1.1Project Management Motorola’s project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industry-leading processes, and integrated software tools for effective project execution and control, Motorola has developed and refined practices that ensure appropriate design, production, and testing is optimized to deliver a high-quality, feature-rich system. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Implementation Plan 2-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 321 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola employs leading edge project management processes and tools such as Compass secure web-based reporting system, Oracle E-Business program management tools, Microsoft Project for schedule development and control and managing schedule and budget, and systematic Risk Management to assist the project team in accurately forecasting and effectively controlling project activities. The use of these tools results in higher quality system design and operation, quicker implementation, reduced project risk and total cost of ownership, and greater end user satisfaction. Intelligent processes include embedded quality standards to include Digital Six Sigma and M-Gates for product and system development and manufacturing; rigorous and repeatable project management processes for execution and control of all project activities; and an integrated Quality Assurance Plan to measure the quality and timeliness of our work. These processes ensure that project execution efforts including system design, installation, testing, and delivery are completed on-time and to applicable specifications. The assigned PM for each organization shall be the business representative and point of contact for the organization, responsible for coordination of the organization’s resources and activities. The PM shall schedule all activities and resources as required to execute tasks, initiate review meetings, provide status information to their counterpart, and generally oversee the execution of this plan. Project management is an ongoing activity for the duration of the project and should be assumed to be part of every project task. Motorola PM Motorola will designate a PM who will direct Motorola’s efforts and the efforts of Motorola’s subcontractors and third party vendors and serve as the primary point of contact for the City. The responsibilities of the Motorola PM include: 1.Maintaining project communications with the City’s PM. 2.Managing the efforts of Motorola staff and coordinate Motorola activities with the City’s project team members. 3.Managing subcontractors and third party vendors and integrating the delivery of third party content into the project. 4.Measuring, evaluating and reporting the progress against the project schedule. 5.Resolving deviations from the project schedule. 6.Monitoring the project to ensure that support resources are available as scheduled and as identified in the contract. 7.Coordinating and overseeing the installation of all licensed Motorola application software. 8.Reviewing and administering change control procedures through the City’s PM and in accordance with the change management provisions of the Agreement. 9.Conducting status meetings in person on a monthly basis and via teleconference on a weekly basis or as may otherwise be reasonably required to discuss project status. 10.Preparing and submitting a monthly status report that identifies the activities of the previous month, as well as activities planned for the current month, including an updated project schedule and action item log. 11.Providing timely responses to issues related to project progress raised by the City’s PM. City PM The City will designate a PM who will direct the City’s efforts and serve as the primary point of contact for Motorola. Responsibilities of the City PM include: City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Implementation Plan 2-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 322 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 1.Maintaining project communications with Motorola's PM. 2.Identifying the efforts required of City staff to meet the task requirements and milestones in the Statement of Work and project schedule. 3.Reviewing the project schedule with Motorola’s PM and assisting Motorola in finalizing the detailed tasks, task dates and Motorola and City Responsibilities. 4.Measuring and evaluating progress against the project schedule. 5.Monitoring the project to ensure that support resources are available as scheduled. 6.Attending status meetings with Motorola's PM. 7.Providing timely responses to issues related to project progress raised by Motorola's PM. 8.Liaising and coordinating with other agencies, City vendors, contractors and common carriers. 9.Reviewing and administering change control procedures, hardware and software certification, and all related project tasks required to maintain the implementation schedule. 10.Approving and releasing payments in a timely manner. 11.Assigning one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one system administrator for CAD and for Jail and one or more representative(s) from the IT Customer. 12.Ensuring acceptable Change Orders and Approval Letter(s) are approved by authorized signature(s). 13.Providing building access to Motorola personnel to all facilities where the system is to be installed during the project. Temporary identification cards should be issued to Motorola personnel if required for access to City facilities. Access must be available twenty-four (24) hours a day during the course of this project. 14.As applicable to Motorola’s installation, assuming responsibility for all fees for licenses and inspections and for any delays associated with inspections due to the required permits. 15.Providing reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service. Ensure a safe work environment for Motorola personnel. If problems are encountered with hazardous materials, Motorola will immediately halt work and the City will be responsible for the abatement of the problem or Motorola and the City will jointly come to a mutual agreement on an alternative solution. Motorola will be excused from timely performance of its obligations pending such resolution. 2.1.2Project Schedule Implementation of this project will proceed in accordance with a project schedule that is jointly approved by the Motorola and the City PMs during the project initiation phase. The mutually agreed upon project schedule will become the governing Project Schedule incorporated into the contract. The project schedule is based upon work being accomplished Monday through Friday during normal business hours, with the exception of holidays. Changes to the project schedule are governed by the terms and conditions of the System Agreement. A preliminary project schedule has been provided in Section 6. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Implementation Plan 2-3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 323 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 2.1.3Project Communications Motorola recognizes the importance of effective project communications. A Project Communications Plan will be created during the Project Kickoff and will include the following components: Trigger. Determines what information or event requires communication between the City and Motorola (e.g., status meetings, requirements documents, Test plans, training plans). Frequency. Determines the frequency of communication (e.g., daily, weekly, monthly, one- time). Recipient. Determines who will receive, participate in or be notified of each communication trigger. Method. Determines the method (e.g., e-mail, conference call, formal letter) and format (e.g., pre-determined form, page layout, field definition) of the communication. Champion. Determines who will be responsible for communication delivery or creation. Planned Action. Determines how the communication will be measured (i.e., on-time, accuracy, professionalism). 2.1.4Risk Management Motorola’s Project Management Plan includes the processes required to ensure project risks are managed. Motorola will develop the Risk Management Plan. Motorola and the City will jointly maintain a Risk Management Plan during the life of the project. The Risk Management Plan is an iterative process of identifying and measuring risks and developing, selecting, and managing options for handling those risks. The Risk Management Plan includes the following steps: Identification. Determines which risks are likely to affect the project and documents the characteristics of each. Quantification. Evaluates risks in terms of their probability of occurrence. The probability of occurrence includes the following measurements: Frequent: likely to occur on a continuous basis Probable: likely to occur several times Occasional: likely to occur some time Remote: unlikely but possible Impact. Evaluates risks and risk interactions to assess the range of possible outcomes. The level of impact of the risk event includes: Critical: an event that, if occurred, would jeopardize project success Serious: an event that, if occurred, would cause major system cost/schedule increases Moderate: an event that, if occurred, would cause moderate cost/schedule increases Minor: an event that, if occurred, would cause a small increase in program costs and/or schedule Negligible: an event that, if occurred, would have insignificant effect on the project Control. A risk control plan is established for each risk. The focus of the control plan is to manage or minimize the effect or impact of each risk by increasing the number of choices available and/or reducing the probability of occurrence. The methods for risk control include: Avoidance: eliminate the potential for occurrence Acceptance: the risk is allowed with no plan in place Mitigation: Steps are taken to reduce the likelihood or impact of the risk Status . Motorola’s PM and the City PM will be responsible for the monitoring and management of the risk issues identified. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Implementation Plan 2-4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 324 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 2.1.5Action Item/Issues Log Motorola’s Project Management Plan includes the development of an Action Item/Issues Log that will be used throughout the project. Motorola’s PM will work with the City PM during the kickoff to design and approve the format of the Action Item/Issues Log. The purpose of the log is to resolve project issues that arise within the scope of the project. Issues that change or modify the project scope, (i.e. quantities, schedule, deliverables), are handled through the Change Control process. The Action Item/Issues Log identifies the issue, provides regular status updates on specific tasks, and identifies the responsibilities of all parties. 2.1.6Change Control The change control process covers contract changes to the Agreement and defines the procedures by which the project scope may be changed. It includes the paperwork, tracking systems, and approvals necessary for authorizing changes. The intent of the change control process is to ensure concurrence between the City and Motorola on any changes to the contract baseline as it is currently documented and recorded. Changes to the contract may originate for several of the following different reasons: Addition/deletion to scope of Project Complaint requiring action System design change Requirement change Functional change Milestone Payment change Procedural change spelled out in the contract Supplier change of equipment Alternate equipment or solution being proposed Schedule change to project and Modification to the Terms and Conditions of the contract The Motorola PM reviews the requested change with the City PM to determine the proper course of action necessary to respond to the requested change. This review may involve resources from Contracts, Engineering, and/or key subcontractors (if applicable) to properly evaluate and respond to the merits of the change. An evaluation usually determines whether a proposed change is feasible, meets the intent of the change, is appropriately priced, if applicable, and tests for acceptance of the change by both parties involved. Change orders may result in price increases, may be price neutral, or may decrease the price. Change orders must be authorized and executed by the City and Motorola before work on the change order can begin. 2.1.7Status Reporting Project Status includes the performance of the project in relation to project scope, schedules, issues, and quality. Project performance measurements include a list of the appropriate milestones, task completion points, and deliverables. This format will ensure that proper checkpoints are utilized to make sure the project is proceeding according to schedule. The Motorola project manager will monitor and communicate project performance via project status reporting to the City as well as internally to Motorola team members. Status reports will be provided monthly. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Implementation Plan 2-5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 325 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS The following items will be included within the project status report. Completed activities, deliverables and milestones, comparing to plan. Work plan activities, deliverables and milestones, if any, planned for the current and the next reporting period Updated Action Item/Issues Log Project notes and comments 2.1.8Quality Assurance Quality Assurance (“QA”) processes ensure the highest level of defect-free products that consistently meet specification requirements, performance, reliability, interoperability, usability, and documentation. QA testing begins with defined processes in the development environment that include unit and integration testing prior to the software being delivered to the QA Department. Once received in QA, an established review process is maintained for all products prior to approval for shipping, control of the final code, and oversight of the products once they have been shipped. The QA Department is responsible for the following: Establishing, achieving, and maintaining Motorola quality objectives Meet requirements through design concepts, testing, and validation Performance measurements against objectives and requirements Adhering to Six Sigma Quality Process Applying ISO 9001-2008 quality management principles Developing, executing, and reporting standardized Test Plans Performing Software Configuration Management Reviewing activities, including requirements, design, and end-user documentation Controlling supplier, subcontractor, and third party software deliverables as procured, installed and configured by Motorola Providing Defect Control and error tracking Creating and maintaining quality records All software products must pass comprehensive testing before shipping. An established policy dictates rules for acceptance/rejection of products and standards that must be met before products are authorized for shipment. Motorola’s QA process includes involving the QA team in the early stages of development. QA plays an active role in reviewing requirements and design to ensure that the maximum coverage is incorporated into the Test Plans/Procedures used by the QA team in the verification of the software. Motorola recognizes that each customer’s needs and configurations are different. As such, Motorola’s QA processes include functional testing at the customer sites following installation and configuration of the software. Functional testing is completed following the initial installation as well as subsequent software upgrades. 2.1.9Testing and Completion The Acceptance Test process confirms that the delivered solution meets product requirements as defined in the contract. All test criteria will be predicated by the contract exhibits including Motorola’s responses to City requirements. The Acceptance Test Plan will be jointly developed by Motorola and the City and will include the test processes to be performed, the criteria by which tests City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Implementation Plan 2-6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 326 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS will be evaluated, and resolution plans by which issues that may not successfully pass the initial testing will be addressed. Testing task descriptions are provided in the Statement of Work. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Implementation Plan 2-7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 327 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS SECTION 3 STATEMENT OF WORK 3.1CAD/MOBILE AND JAIL STATEMENT OF WORK This Statement of Work (“SOW”) defines the principal activities and responsibilities of all parties for the implementation of the PremierOne CAD/Mobile and Jail systems to support public safety call- taking, dispatching and jail operations. Deviations and changes to this SOW are subject to mutual agreement between Motorola and the City and will be addressed in accordance with the change provisions of the Contract. 3.1.1Contract Award The City and Motorola execute the contract and both parties receive all the necessary documentation. 3.1.2Contract Administration After the contract is awarded Motorola and the City assign project resources. The projects are setup in the Motorola information and management systems and the kick-off meeting is scheduled. 3.1.3Project Kickoff The purpose of the Project Kickoff activity is to introduce project participants, review the scope of the projects and review the project schedules. Motorola Responsibilities 1.Schedule and facilitate the kick-off meeting to clarify roles and responsibilities and establish team working relationships. 2.Work toward finalizing the project schedule dates. 3.Review the Training Plan. 4.Discuss upcoming tasks and activities. City Responsibilities 1.Provide input to the final project schedule dates. 2.Review the Training Plan. 3.Identify the team responsible for handling the City activities of the product deployment. Motorola Deliverables TitleDescription Format Project Kickoff Meeting minutes that include topics discussed Microsoft Word Meetingand actions taken during the meeting document Minutes Training Plan Document that describes each of the training Microsoft Word courses. document City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Statement of Work 3-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 328 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS TitleDescription Format Project Schedule A project schedule reflective of mutually Microsoft Project agreeable task dates. 3.1.4Contract Design Review 3.1.4.1Functional Scope Review The purpose of this activity is to review the contracted functional capabilities of the PremierOne system in detail, including screens, processing, and outputs of the incident, unit, status monitoring, geofile, messaging, workflow, and reporting functional areas of the system. The Functional Scope Review will commence following the project kickoff meeting and is approximately a four-day activity. The review will be an opportunity for Motorola to explain in-detail how the City’s requirements will be met by the PremierOne CAD/Mobile and Jail system and Motorola’s implementation methodology. Motorola will solicit information on current City business processes and workflows. The Functional System Description document for each Motorola-developed product will serve as the basis for the review. Motorola Responsibilities 1.Review current legacy system(s), business workflows and operating procedures. 2.Review site's current GIS data, including boundary information and collect sample data. Establish consistent terminology for response boundaries. 3.Facilitate a review of the contract deliverables including a review of Motorola’s responses to the City’s requirements as presented in the RFP. 4.Conduct a review of the City’s operations with PremierOne functionality. City Responsibilities 1.Make appropriate individuals available to review the City workflows. 2.Provide documentation on the City’s current workflow and operating procedures. 3.Provide sample of GIS data. 4.Facilitate a visit to the City’s CAD and Jail units, if requested. 5.Provide time to meet with both CAD and GIS representatives to discuss required number of response layers, agency and beat names. This information is important to gather as it is needed to begin provisioning. All of the data will be required but the streets, address points and common places can be works in progress that can be updated as the project moves along. The agency and beat names should be final by provisioning. Motorola Deliverables TitleDescription Format Functional A document presenting the discussion items, Microsoft Word Specification Review requested scope modifications and initial document Meeting Minutes. implementation tasks to be conducted by both parties. Geodatabase Project A document that contains the necessary response Microsoft Word Planlayers, agencies, beat names, common places, document street centerline, and address points. It defines the source materials, the responsible party for each task, outlines deliverables and due dates, and training. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 329 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 3.1.4.2Site Survey and Infrastructure Planning The purpose of this activity is to review the infrastructure requirements for the PremierOne system and to ensure the computer room(s) and other locations are appropriate for the installation of the proposed system hardware. Motorola will facilitate a meeting following the project kickoff to review the Site Requirements document included in the Appendices and to conduct a survey of the City’s facilities. The objective of this review is to ensure the City’s existing infrastructure(s) and facilities will support an optimal installation environment for the PremierOne system. Motorola Responsibilities 1.Review Site Requirements Document. 2.Review the proposed system hardware, operating system software, third-party software and all associated peripherals and update the bill of materials, as required. 3.Review the workstation specifications. 4.Conduct a site survey/audit of the facilities in which system hardware will be installed to assess site readiness. 5.Identify required connectivity for interfaces and queries to internal and external systems. 6.Prepare a report that includes recommendations for any site preparation required to provide a suitable environment for installation of the system equipment and that identifies any deficiencies related to power, power supplies, cabling, network connectivity, communications equipment. City Responsibilities 1.Provide projected utilization statistics and other information as is reasonably required to validate final hardware requirements. 2.Review the final hardware and operating system software configuration. 3.Make appropriate City staff available to explain the current City architecture. 4.Ensure site environment meets minimum requirements, as stated in the Site Requirements document. 5.Ensure connectivity to internal and external systems is available, as required to support the proposed interfaces and queries. 6.Provide a site adequate for the installation, operation, and maintenance of all computer server(s), workstation(s), and related peripheral in accordance with Motorola’s requirements. 7.Provide a programmer work area for Motorola on-site staff in the primary facility, located near but outside of the computer machine room. The room should be equipped with AC power. The area must have internet access, if available. This work area will be available during the course of the project. 8.Assume sole responsibility for the accuracy and completeness of City-supplied data. Motorola Deliverables TitleDescription Format Site Survey Results Review of City’s Site Environment Microsoft Word document readiness. Bill of Materials or List of equipment that Motorola will order Excel Workbook Equipment List or that the City must provide 3.1.4.3IP Network Analysis The objective of this activity is to ensure the local and wide area networks will support the proposed solution. A Motorola Network Systems analyst will conduct an on-site assessment of the existing City network. Motorola Responsibilities 1.Perform on-site network assessment. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 330 C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 2.Analyze data. 3.Prepare recommendations. 4.Present and discuss recommendations with the City. City Responsibilities 1.Provide access to all required facilities and locations necessary to perform assessment. 2.Provide information on current network architecture and configuration. 3.Review and discuss recommendations with Motorola. Motorola Deliverables TitleDescription Format Site Preparation A document that outlines the physical Microsoft Word document Recommendations and network improvements necessary to support the contracted Motorola solution. 3.1.5CAD/Mobile and Jail Provisioning This proposal and associated project plans utilize the base PremierOne deployment model with focus on efficiently enabling the core capabilities of the system for the City operations. Motorola discloses that the PremierOne system contains certain features and functionalities that are capable of being enabled but will not be provisioned within the scope of this contract but may be mentioned, referenced and/or described in provided product documentation including functional system descriptions and users guides. These features and functionalities are generally described as: User Interface (UI) customization, including changes to the forms, screens, fields, buttons, status monitors and map display are not enabled as part of this contract, unless explicitly indicated in the contract documentation Customized address books and groups, other than a ready reference address book that is included with CAD/Mobile solutions Interfaces, queries, and data feeds to external systems not explicitly indicated in the contract The optional, advanced recommendations constructs of Modifying Circumstances, Capability Groups, Personnel Skills, Cross Staffing Groups, Response Classes, Response Descriptors and Response Mode The alternative message routing feature City may not enable these features and functionalities, but Motorola and City may enter into a change order or contract amendment to provide for the enablement of the features and functionalities. Such change order or contract amendment may include required Motorola Services to enable the features and functionalities, and would include the applicable price to be paid by City for the enabled features and functionalities and related services. Notwithstanding the provisions of paragraphs 1 and 2 immediately above, City and Motorola may agree by change order or contract amendment to allow City to enable the features and functionalities and perform the related services, but subject to the condition that City’s personnel who will perform the enabling activities have been trained and certified by Motorola as being qualified to do such work; in such case, the change order or contract amendment would address the training to be provided by Motorola and the associated price for such training. Motorola is not responsible for the enabling services if City performs these services rather than Motorola. If the System becomes covered by a Motorola Maintenance and Support Agreement, that agreement may require an amendment to cover the enabled features and functionalities as well as the price increase for these incremental maintenance and support services. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 331 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 3.1.5.1Pre-Provisioning Workshop The Pre-provisioning Workshop is Motorola’s opportunity to recommend the best approach to configuring the PremierOne CAD/Mobile and Jail systems, based on the workflow analysis performed during the Functional Scope Review and within the constructs of Section 3.2 Default Configuration Table. One workshop will be conducted to review CAD/Mobile and one workshop for Jail. City personnel that participate in this activity should include resources very familiar with CAD, Mobile, GIS and Jail operations. Motorola Responsibilities 1.Provide BAs at City’s site to discuss available and recommended provisioning options. 2.Deliver Provisioning Workbook templates and train personnel on completing the workbooks for the collection of their provisioning data. 3.Determine agency types and agency names to support the PremierOne geodatabase development. This information will have been collected at the kickoff, the agency and beat name must be finalized at this point as any changes at the agency level will require the provisioning to be done from scratch. 4.Pre-configure the City’s system prior to provisioning training. City Responsibilities 1.Provide resources knowledgeable in the City’s business and GIS processes and participate in the Pre-provisioning workshop. 2.Review the documented business processes and provide input into best available configuration options. 3.Complete Provisioning Workbook, having all provisioning data collected prior to next provisioning effort. Motorola Deliverable TitleDescription Format Premier One Documents that describe provisioning Microsoft Word document Provisioning Guide and requirements and documents Workbook(s) information about the City’s business processes. 3.1.5.2CAD/Mobile and Jail Provisioning Motorola will perform the agency provisioning according to the data provided in the provisioning documentation and workbooks within the constructs of Section 3.2 - Default Configuration Table. System provisioning is based upon extensive use of the default configuration in combination with customer-specific provisioning inputs identified during the information discovery, business process review, and provisioning workshop phases of the project. These inputs are documented in the provisioning workbook and will include premise hazards and referral phone data. The provisioning process may include the loading of data elements from sources such as Excel worksheets where possible, but other elements require validation and must be manually entered. In all cases, the City is responsible for providing the required data elements. Note that provisioning may be done remotely. Motorola Responsibilities 1.Conduct an on-site check-in with City personnel to verify readiness for provisioning, and completeness of provisioning workbooks. 2.Conduct Provisioning in accordance with the provisioning data gathered. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 332 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 3.Conduct GIS training in accordance with the Training Plan. 4.Conduct validation of provisioning at the appropriate checkpoints. 5.Conduct Provisioning Training. City Responsibilities 1.Collect the information identified during the pre-provisioning workshop in preparation for provisioning. 2.Ensure personnel who are familiar with the dispatch and mobile processes and procedures participate in provisioning efforts. 3.Complete system provisioning validation after provisioning effort is completed. Motorola Deliverable TitleDescription Format Provisioned System Motorola personnel to provision system Remote and lead City through validation checkpoints 3.1.6Hardware and Software 3.1.6.1System Staging The objective of this activity is to order and install the Motorola procured hardware and software components at Motorola’s staging facility. The system will then be tested and verified to be operational in a staged environment. Once validated, the system will be packed and shipped to the City’s location for installation. Motorola Responsibilities 1.Order all hardware, software and related components and deliver them to Motorola’s staging facility. 2.Rack and install all hardware components. 3.Install and configure system software. 4.Verify PremierOne functionality in accordance with release criteria. 5.Ship staged system to the City’s site. City Responsibilities 1.Provide appropriate receiving facility for the system equipment. Motorola Deliverables TitleDescription Format Equipment Inventory A list of equipment ordered and delivered to Microsoft Word Staging facility. document Staged System All staged System components delivered to the Delivery City’s facility. 3.1.6.2On-Site Installation The objective of this activity is to install the system at the City’s site. The output of the activity will be an installed PremierOne Suite hardware and software. This activity addresses physical installation activities and system connectivity verification. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 333 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola Responsibilities 1.Install the staged system at City’s site. 2.Conduct a Power On test to validate to the City that the installed hardware and software are ready for configuration. 3.Verify network connectivity. 4.Load completed geodatabases. 5.Install PremierOne client software on up to five CAD (5) workstations and five (5) handheld devices to facilitate initial testing. City Responsibilities 1.Certify that the server room, workstations, and mobile computers are available and meet agreed upon specifications. Motorola Deliverable TitleDescription Format Power On Testing results and documentation that verifies Microsoft Word Verification the system is installed and functional. document 3.1.7IDD Deployment The objective of this task is to introduce the functionality available via the IDD tool, review the standard dashboards, and define and develop custom dashboards. This effort will utilize the City’s existing Microsoft SQL Server licenses and BI tools to configure customer dashboards and data views using data available from City’s PremierOne environment. Motorola Responsibilities 1.Conduct a two (2) day overview/consultation at the City’s site to review three (3) standard dashboards and define requirements for three (3) custom dashboards. 2.Document requirements for the custom dashboards. 3.Develop three (3) custom dashboards. 4.Conduct IDD training 5.Install the standard and custom dashboards at City’s site. (This task will occur during the IDD training course.) City Responsibilities 1.Provide resource(s) that have received PremierOne CAD Adhoc Reporting training to participate in the initial dashboard consultation and review delivery of the dashboards. Completion Criteria This task is considered complete upon delivery of the dashboards and training and demonstration that the custom dashboards conform to the documented requirements. 3.1.8CAD Data Conversion Motorola will convert specified data (incident/address history) that exists in the City’s legacy CAD System to conform to the data structure of the PremierOne CAD application and be available in PremierOne CAD. While Motorola is responsible for converting the specified data, it is critical that the City assign a knowledgeable resource to this activity that will remain engaged with Motorola throughout the conversion process. The legacy databases must be relational databases and Motorola must be able to link directly to the legacy databases from MS SQL Server. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 334 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola does not provide any data clean up or manipulation of the provided data. The City should conduct a comprehensive analysis of the data in the legacy systems to identify duplicate data/records, lost data, orphaned records, or records that haven’t been linked properly and resolve those issues prior to Motorola extracting the data to be converted. Motorola Responsibilities 1.Work with the City to analyze data files to determine which tables contain the desired data and identify truncated, coded or masked data. 2.Conduct the Data Conversion Preparation Workshop to develop documentation that identifies where the information will be positioned in PremierOne CAD (Data Conversion Guide). 3.Extract the data to be converted from the legacy databases. 4.Develop and execute the conversion routine up to two times on a small representative data set to identify and correct any issues. 5.Perform a final test run on a small representative data set to verify the conversion results. 6.Perform the final data migration prior to the Live Cut, in accordance with the project schedule. City Responsibilities 1.Provide Motorola with adequate documentation of legacy database and field mapping information of legacy systems. 2.Engage resources from legacy system vendors if required to provide information on legacy database schema, etc. 3.Participate in Data Conversion Preparation Workshop. 4.Review and approve the Data Conversion Guide 5.Review data at each test iteration. 6.Provide acknowledgement of completion of data conversion. Motorola Deliverables Title Data Conversion Guide Converted Data 3.1.9CAD/Mobile and Jail Interfaces 3.1.9.1Interface Requirements Gathering The purpose of this activity is to review the details of each proposed interface by analyzing the City requirements for each. The Interface Requirements Documents (“IRD”) will be the basis for this exercise. The IRDs describe the connectivity and functionality for each interface. Interfaces only provide the features and functions supported by PremierOne. rd In cases where it is necessary for Motorola to work with the City’s 3 party vendors to finalize interface requirements, the City will be responsible for facilitating communications between Motorola rdrd and the 3 party vendor and for any costs associated with efforts required of the City’s 3 party vendors, (professional services, API/SDK fees, licenses, and configuration or development). Motorola Responsibilities 1.Conduct meetings to explain how the interface requirements are met by the PremierOne system and interfaces to external systems. 2.Develop and deliver Interface Requirements Documents for each interface. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-8 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 335 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City Responsibilities 1.Make knowledgeable individuals available for the interface requirements meetings, to include internal customer resources as well as third party vendors, as required. 2.Provide documentation on City’s current usage of each interface. 3.Facilitate a visit to the CAD Unit, if requested. Motorola Deliverables TitleDescription Format Interface Requirements Documents that describe the Microsoft Word document Documents connectivity and functionality of each proposed interface. 3.1.9.2Interface Installation and Configuration rd Connectivity will be established between PremierOne and the external and/or 3 party systems to which PremierOne will interface with. Motorola will configure PremierOne to support each contracted interface. rd The City is responsible for engaging 3 party vendors if and as required to facilitate connectivity and testing of the interfaces. Motorola Responsibilities rd 1.Establish connectivity to external and 3party systems. 2.Configure interfaces to support the functionality described in the IRDs. 3.Perform unit testing of each interface. City Responsibilities rd party vendors or systems as required to establish 1.Act as liaison between Motorola and 3 interface connectivity with PremierOne. rd 2.Provide personnel knowledgeable in the City’s network and 3 party systems to support Motorola’s interface installation efforts. Motorola Deliverables TitleDescription Format Unit Test Results Documents that describe the results of Microsoft Word document interface unit testing. 3.1.10Queries Motorola will develop, deliver, configure and test the query set described in the Technical Requirements Document (TRD). Motorola Responsibilities 1.Configure Query Services and response forms, as listed in the Technical Requirements Document. 2.Configure the CAD command line to support the queries. 3.Test the query sets. City Responsibilities 1.Participate in query testing. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 336 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola Deliverables TitleDescription Format Demonstration of Query Document that describes the results of Microsoft Word document Setquery tests. 3.1.11PremierOne Training The objective of this task is to prepare for and deliver instructor-led classroom training. Motorola has provided the proposed training plan in Section 5. This plan will be reviewed with the City during project kickoff activities. Motorola Responsibilities 1.Perform training in accordance with the Training Plan. 2.Provide Customer Training checklist document to City. City Responsibilities 1.Supply a suitably configured classroom, with a workstation for the instructor and at least one workstation for every two students. 2.Designate a training representative who will work with the Motorola instructor(s) regarding the logistics of training delivery. 3.Conduct end user training to ensure user proficiency in use of the PremierOne applications, and in accordance with the training checklist document. Deliverables TitleDescription Format Training Plan Documents the plans to train end users and Microsoft Word administrative/technical users of the products. document Classroom Training Any electronic or hard-copy resource materials Microsoft Word Materials used during training. document Training Evaluation A form to be filled out by students to provide Microsoft Word Form feedback on the efficacy of the training curriculum. document Attendance Rosters A record of the attendance of individual students at Microsoft Word a training event. document 3.1.12PremierOne Acceptance Testing Acceptance tests will be performed to confirm that the delivered PremierOne and NG9-1-1 systems are in compliance with the Functional System Descriptions, related specifications and the contract requirements. 3.1.12.1Project Test Plan The objective of this series of tasks is to develop an overall plan for the test activities that will be conducted during the City’s project. This plan will cover the following types of testing activities: Functional Acceptance Testing Interface /Integration Testing 30-Day Reliability Test Period The test plan will describe the scope and objectives of each type of test. It will also describe the techniques that will be used during each type of test and describe the pass/fail criteria. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-10 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 337 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola Responsibilities 1.Develop, deliver and review the Project Test Plan with the City City Responsibilities 1.Provide input during the development of the overall test plan. 2.Review the Project Test Plan and notify the Motorola Project Manager of any items that require discussion. Motorola Deliverable TitleDescription Format A document describing the types of testing that will be Project Test Plan Microsoft Word conducted, their scope and objectives, the techniques document that will be used during each type of test, pass/fail criteria, and how test anomalies will be addressed. 3.1.12.2Functional Acceptance Testing The objective of functional acceptance testing is to test the features and functions of the system that will be used by the City to ensure they perform according to the contractual requirements. The test plan may not test all functions of the system if they have been identified as not being applicable to the City’s operations or for which the system has not been provisioned. Motorola Responsibilities 1.Deliver Functional Test Plan scripts. 2.Conduct functional acceptance testing according to the approved test plan. 3.Develop remediation plan for features that fail the test. City Responsibilities 1.Provide input during the development of the functional test plan and test scripts 2.Witness/participate in the functional acceptance testing and acknowledge its successful completion. 3.Participate in the documentation of items that fail testing and agree to the remediation action. Motorola Deliverable TitleDescription Format Completed Functional Documented results of functional acceptance testing Microsoft Word Acceptance Test Plan and remediation plan for any functions that failed the document test. 3.1.12.3Interface/Integration Testing The objective of Interface functional testing is to ensure that the installed interfaces perform according to the IRDs. Motorola is not responsible for issues arising from lack of engagement of third-party and/or City resources to perform work related to the interface, or troubleshooting any issues on the City’s third-party systems. Interfaces that cannot be tested due to connectivity issues to external systems or the unavailability of City’s third party vendors will be tested to the degree the PremierOne functionality can be demonstrated and considered successful upon that demonstration. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 338 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola Responsibilities 1.Conduct interface/integration acceptance testing according to the approved test plan. 2.Develop remediation plan for features that fail the test. City Responsibilities 1.Provide resources familiar with the requirements of the interfaces to validate functionality. 2.Witness the functional acceptance testing and acknowledge its successful completion. 3.Participate in the documentation of items that fail testing and agree to the remediation action. Motorola Deliverable TitleDescription Format Completed Interface Documented results of functional acceptance testing Microsoft Word Acceptance Test Plan of interfaces and remediation plan for any functions document that failed the test. 3.1.12.4Reliability Testing The Acceptance Test Plan will include a 30-Day Reliability Test period for each primary system component (defined as CAD/Mobile and Jail). During this testing period, which commences at Go Live of the relevant primary system component, the system will perform in conformance with the Functional System Descriptions (FSD), based on the City’s provisioning methodology and with the Reliability requirements defined in the Agreement. This test period is not attended by Motorola resources but they will be available to respond to error conditions, if/as required. During the 30-day Performance and Reliability Test period, each primary system component will be available for a period of thirty (30) consecutive days without interruption by Severity Level 1 or 2 Residual Error, as defined in the Maintenance and Support Agreement. If the System experiences a Severity Level 1 error during the 30 day period, a new 30-day period will begin once the problem has been corrected. If a Severity Level 2 error is detected during the first 15 days of the test period, a new 30-day period will begin once the problem has been corrected. If a Severity Level 2 error occurs on or after day 16 of the initial 30-day test period, once corrected, the test will continue from day 16 for the remaining14-day period. During this test period, the City shall maintain a log of system problems and cooperate with Motorola in correcting such problems according to the terms of the Maintenance Agreement. The City shall immediately notify Motorola by telephone if the system becomes unavailable. Upon successful completion of the 30-day Reliability Period, Motorola and the City shall certify that the System Reliability Test period has been completed. 3.1.13Go Live The objective of this task is to transition operations from the legacy operations and systems to the PremierOne CAD/Mobile and Jail systems. Following the conclusion of Acceptance Tests, Motorola will work with the City to develop the cutover plan. This plan will include tasks that need to be performed leading up to and following the actual cutover from City’s legacy systems to the PremierOne system. The cutover plan will also identify the process that may be used in the event that operations need to fall-back to the legacy system. The transition to production use of the PremierOne system will be conducted according to the agreed cutover plan on a date and time mutually determined by the City and Motorola. The timing of this City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 339 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS event is typically during a time of low activity levels. The outcome of this activity is the beginning of production use of the new system and commencement of the warranty period. Motorola Responsibilities 1.Facilitate meetings with City staff to formulate the cutover plan. 2.Execute the cutover plan. 3.Provide on-site resources to support users with features and functions of the system. City Responsibilities 1.Arrange for the participation of appropriate technical and operational staff in cutover planning meetings. 2.Provide appropriate staff to perform/support production cutover activities. Deliverables TitleDescription Format Go Live Briefing A formal presentation to client Presentation stakeholders describing the plan for transitioning PremierOne to production status. Go LiveThe transition of City’s dispatch Operational System operations to the PremierOne system 3.1.14Project Closure – Transition to Support Following Go Live, the implementation project will be formally closed and the City will be introduced to Motorola’s customer support organization. The PM will record the installed systems and interfaces, City contact information, and information required to access the system. . A meeting will be scheduled with the Customer Support Manager (“CSM”). The system will transition to the support phase of the contract per the terms and conditions of the Maintenance and Support Agreement. Motorola Responsibilities 1.Initiate the transition to the customer support organization. 2.Review support and maintenance provided by third-party partners. 3.Schedule the support transition meeting with the City and the Customer Support Manager (CSM). City Responsibilities 1.Provide information, as required, to formalize the transition. 2.Participate in the meeting to transition to the customer support organization. Deliverables TitleDescription Format Customer Support A document that records the installed systems and Microsoft Word Handover document interfaces, City contact information, information document required to access the City’s system when support is required. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 340 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 3.1.15System Completion Following Customer Support Handover meeting, the system is deemed complete and the completion milestone will be acknowledged by both Motorola and City. The system will transition into the support phase of the contract per the terms and conditions of the Maintenance and Support Agreement. 3.2OPTIONAL IMPLEMENTATION SERVICES 3.2.1CAD User Interface (UI) Customization If this option is selected, Motorola will review the options for modifying the UI, record the requested changes and perform the initial modification effort. One UI will be tailored for call all call-taker and dispatch users. The City will have one opportunity to identify additional modifications to the UI which Motorola will deliver as the final version. Subsequent requests for changes will be evaluated per the change control process. Motorola Responsibilities 1.Present available options for modifying the CAD UI. 2.Modify the CAD UI. 3.Review UI with the City. 4.Make final modifications after City review. City Responsibilities 1.Participate in initial meetings to define requested UI modifications. 2.Evaluate the UI after the initial delivery and identify any final modification requests. Motorola Deliverable TitleDescription CAD UIs UI that conforms to requested definition. 3.2.2Status Monitor Customization If this option is selected, Motorola will review the five (5) standard status monitors provided (described in section 3.3 which include Pending Queue, Active Incident Monitor, Unit Status Monitor, Available Units Monitor and Stacked Incidents) during up to four (4) 4-hour remote meeting sessions and identify the options for modifying them. The changes will be made real-time during the sessions. The City may request different modifications to the status monitors for call-takers than for dispatchers. If additional status monitors are requested (beyond the standard five (5) monitors) and the Motorola resource can create it during the allocated session times, the request will be met. If the request requires effort beyond the four (4) sessions, it will be managed in accordance with the change control process. Motorola Responsibilities 1.Present available options for modifying the standard status monitors. 2.Modify the status monitors. City Responsibilities 1.Participate in remote sessions to review status monitors. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 341 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Motorola Deliverable TitleDescription Modified Status Monitors Status monitors that conform to requested configuration. 3.3DEFAULT CONFIGURATION TABLE The PremierOne system provisioning builds off a default configuration. This default configuration is the basis of the system provisioning process. Additional customer-specific provisioning inputs are used in conjunction with the default configuration to define the complete customer system provisioning. The Preprovisioning guide and provisioning workbooks provide details on the customer required provisioning inputs. During the project information discovery, business process review and provisioning workshop phases a detailed provisioning workbook will be populated to capture the specific provisioning settings agreed to be used for the customer system. Once approved, that provisioning workbook becomes the basis of the initial system provisioning completed by Motorola and the final system provisioning completed by the customer. Topic Default Configuration 1. AGENCY TYPE LAW FIRE COMM 2. AGENCY TRUST If multiple agencies are defined in the system, the customer may opt for those agencies to have a trusted relationship RELATIONSHIP which means that most data will be shared across the agencies. The customer may also opt for the agencies to not have a trusted relationship in which case data will not be available between those agencies. 3. AUTHENTICATION CJIS best practices for password rules are the default configuration for Law agencies and are an option for Fire/EMS and Comm agencies. 4. ROLES CallTaker Dispatcher Dispatch Supervisor Fire Supervisor Firefighter Medic Patrol Patrol Supervisor View Only System Admin City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 342 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Topic Default Configuration 5. UNIT MANAGEMENT DS (Dispatched) - UNIT STATUS AR (Arrived) CODES FI (Field Initiate) TR (Transport) TA (Transport Arrived) ER (Enroute) EH (Enroute Hospital) AH (Arrived Hospital) EJ (Enroute Jail) AJ (Arrived Jail) ES (Enroute Station) ST (Station) WP (With Patient) OK(Okay) MB (Meal) AD (Admin) OS (Out of Service) CL (Clear) FP (Foot Patrol) EMERGENCY City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-16 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 343 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Topic Default Configuration 6. INCIDENT Address verification is required on Field Initiate MANAGEMENT Closed incidents are not included on duplicate incident checks Call stacking enabled Max call stack size = 0 o Stack limit may be exceeded by 1 for a Field Initiate o Auto dispatch next incident by priority o Incident priorities are 1-5 Timeouts on stacked calls (by priority) are: o Immediate, 5, 7, 9, Never - return to pending Priority 1 & 2 incidents show as previous incidents o for 2 years, all other incidents show for 30 days Sort incidents in ascending order Fields that trigger a priority notification in CAD if updated are : Incident Location, Incident Type, Incident Priority, Person Name, Vehicle Plate is priority Fields that trigger a priority notification in Mobile if updated are : Incident Location, Incident Type, Incident Priority, Alarm Level, Apt Number, Person Name, Vehicle Plate is priority Disposition is required to close incident Reopen incident Initial Status – Pending Print Size:1/1 Incident Number Format: Agency ID/ Incident Sequence # /YYMMDD/Dash separator Formatting Report Number Format: Agency ID/CCYY/Report Sequence # Contact Complainant default – MAY Form After Initiation – Update Incident Automatically display ANI/ALI information Automatically add comments to all associated incidents One Pass Traffic Stop Type Require address verification on Traffic Stop Default sort by Incident Number for Incident Searches Include with Previous Person/Vehicle Search o Include phone number search o Units for height – Feet-Inches o Units for Weight - Pounds o City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-17 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 344 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Topic Default Configuration 7.RESPONSE TYPES Commercial Structure 2nd Alarm o 3rd Alarm o Residential Structure 2nd Alarm o 3rd Alarm o Multi-Residence 2nd Alarm o 3rd Alarm o Single Engine Accident Auto Aide Mutual Aide Haz Mat EMS ALS o BLS o First Responder 1 patrol 2 patrol 2 patrol + Sup Note: Agencies define what Capabilities are needed to respond to each Response Type and also define for each Incident Type what Response Type is required City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-18 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 345 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Topic Default Configuration 8. CAD INCIDENT Arrest DISPOSITION CODES Referred to other Agency Unfounded False Alarm Arrest Citation Issued Gone on Arrival Report Taken No Report Transport to Hospital Transport to Jail Transport to Juvenile Billable Not Billable Assist Service Provided/Resolved Refused Transport Note: Incident Disposition Codes are independent of Case Report Disposition Codes in Records 9. PREMISE HAZARD Responder Safety TYPES Access Contact Medical Chemical Miscellaneous 10. STATUS MONITORS Pending Queue Active Incident Monitor Unit Status Monitor Available Units Monitor Stacked Incidents 11. ADDRESS BOOK System generated groups for agency, area, role, incident, all users, all units, all devices, all logged in mobile users Option for a book to track contact information for non-system entities (Ready Reference) City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted Statement of Work 3-19 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 346 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS SECTION 4 PREMIERONE GIS DATA REQUIREMENTS 4.1 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions PremierOne GIS Data Requirements 4-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 347 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS It is expected that PremierOne customers already maintain GIS data in ArcGIS. A customer’s GIS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 348 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS FieldRequired Data TypeDescription City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 349 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS FieldRequired Data TypeDescription City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 350 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS FieldData Type Description City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 351 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 352 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS There are common places that do not have a valid address. This would include locations that are City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 353 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Description Required Data TypeDescription City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-8 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 354 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 4.4.6 City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 355 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS FieldRequiredData TypeDescription City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne GIS Data Requirements 4-10 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 356 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS SECTION 5 PREMIERONE TRAINING PLAN 5.1COURSE LISTING The following matrix delineates the classes that have been proposed for the PremierOne product line. The matrix includes the number of classes per course type, the maximum number of participants per class and the location of each of the classes. Additional class modules may be obtained by the City for an additional fee. Table 5-1: PremierOne Course Listing Course Module MaximumNumber of TotalLocation Not To No.Classes Users Exceed Attendees Included Trained (hours) Per Class per Class PremierOne CAD/Mobile 12 1 12 City 24 Business Process Review/Discovery PremierOne CAD/Mobile 25 1 25 City 24 Pre-Provisioning Workshop Importing GIS Data into 4 1 4 City 8 PremierOne PremierOne CAD/Mobile 6 1 6 Remote24 (Maintenance) Provisioning Webinar Training PremierOne CAD base Train 12 1 12 City 28 the Trainer PremierOne CAD base End 6 4 24 City 24 User Training PremierOne Mobile base 12 2 12 City 4 Train the Trainer Standard Reports Training in 4 1 4 Remote16 PremierOne CAD/Mobile Webinar PremierOne CAD/Mobile 4 1 4 Remote16 System Administrator Webinar Training PremierOne Jail Provisioning 6 1 6 City 24 Workshop PremierOne Jail base Train-12 1 12 City 1 32 the-Trainer PremierOne Jail System 4 1 4 Remote16 Administration and Reporting Webinar Training City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions PremierOne Training Plan 5-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 357 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 5.2TRAINING OVERVIEW Motorola considers training to be an extremely important aspect of the system installation and requires working closely with the City. Prior to the start of training, the City will designate a Customer Training Representative. This individual must be familiar with the City's daily operations and must attend each Motorola educational course. Motorola trainers will rely on this representative to be the one point of contact for Motorola staff when policy and procedural questions arise, act as course facilitator, and act as the City's educational monitor. The City will also identify the personnel who will serve as trainers. These individuals must participate in all the Train-the-Trainer courses. In addition to the skills described below, the City’s trainers must have prior experience as a classroom instructor and a thorough understanding of the City's operations. Other courses will require participants from different areas of the City's operations as shown in the individual course descriptions, detailed in Motorola training course descriptions. 5.2.1System Administrator The City will be obligated to appoint a key individual to act as the System Administrator. This individual will be responsible for reporting/verifying problems, completing and maintaining application configuration, and performing system administrative duties such as system back-ups, archives, etc. The designated individual should be proficient in Windows and possess database administration and PC and System knowledge. Motorola strongly recommends that the system administrator(s) be proficient in the prerequisites defined in the document. System Administrator Prerequisites The City is responsible for ensuring that its system administrators are proficient in the prerequisite technologies. These technologies are embedded in the Motorola applications; however, training in these technologies will not be provided by Motorola. Below is a suggested list of courses supporting Microsoft technologies that the City may consider. PremierOne clients will operate on Windows XP Service Pack 3 and Windows 7. Microsoft Technologies: Windows Administration SQL Server 2012 SQL Server Reporting Services System Center 2012 (SCOM) Suggested Courses: 10967A Fundamentals of a Windows Server Infrastructure Installing, Configuring, and Administering Microsoft Windows XP Professional 6292 Installing and Configuring Windows 7 Client 10775 Administering Microsoft SQL Server 2012 Databases 55021 Configuring and Administering Hyper-V in Windows Server 2012 50273 Planning and Designing Microsoft Virtualization Solutions 55006 System Center Operations Manager 2012 5.2.2Training Facilities and Schedules The City shall provide facilities for training courses which are alcohol and smoke-free. Both the classroom and workshop classes will require a white-board for instructor’s use and shall City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 358 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS accommodate student note taking. The workshop format also requires multi-monitor student workstations. Students and instructors will dedicate class time to training and will not be subject to interruptions. At least two days prior to each training course, the instructor shall have access to the training facility and all workstations for setup and workstation configuration. All training will be held at the City’s site; the instructor shall notify the City in advance of any teaching about aids such as chalkboards or overhead projectors which will be required in the facility. Motorola and the City shall mutually agree to training schedules to accommodate the City’s shift operations and other site-specific requirements. Evening courses will end by 10:00 p.m. 5.2.3Training Methods and Procedures Motorola offers two types of training classes: Administrative workshops; focused on providing specialized users with in-depth knowledge on the features, operational, and administrative functions of the system. Train the Trainer; instructor-led classroom training that provides key individuals with extensive hands-on use of the system utilizing true-to-life incident scenarios so they can develop and provide training to new users. Students must have a typing proficiency of 25 wpm, knowledge of PCs and Microsoft Windows, and have completed course prerequisites as listed in the course descriptions. Designated Motorola Business Analysts will provide application instruction using several techniques and materials. Instructor Lesson Plan: The instructor’s tool for planning the detailed course content on a module-by-module basis. Training Course Agenda: The student handout that outlines the course sequence of events including duration, and course modules. Training Course Objectives: The instructor’s predefined course objectives. These are provided for Train-the-Trainer classes only. Training Observation Forms: The instructor’s tool for tracking the student’s ability to perform the skills taught in the class. These are provided for Train-the-Trainer classes only. Motorola instructors will complete the observation forms and provide them to the Customer Training Representative upon completion of the course. Motorola does not make a pass/fail determination for participating students. Evaluations: On the final day of a training class, the students will be asked to complete an Instructor Evaluation form. They are optional forms and anonymity is acceptable. Certificates of Attendance: Students completing the Train-the-Trainer class will receive Certificates of Attendance. Attendance Rosters: The City will provide to the Motorola instructor a roster listing the names of training participants ten (10) days prior to the start of the course. Instructors will complete Attendance Rosters of actual participants for each day of training. Motorola PremierOne User Documentation: An electronic copy of the applicable Motorola Reference Manuals and documentation will be provided prior to training. The City is responsible for duplicating and delivering manuals to participating students prior to class commencement. 5.2.4Training Subsystem PremierOne has a fully functional training environment that will enable the City's trainers to provide on-going end-user training. This training subsystem allows training to continue without interruption of the real time operations. Use of the training subsystem is covered in the Train the Trainer classes. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 359 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS 5.2.5Session Attendance Motorola is committed to providing a quality training experience and desires that the City receives the maximum benefit from each training session. Each training session has been sized to provide the optimal training environment that meets the needs of the students in relation to the complexity of the material being presented. Given the nature of the material being presented and the intensity of the training, it is imperative that maximum course numbers not be exceeded. In the event the number of students in attendance exceeds the published maximum number of students and the list of participants identified on the training roster, Motorola will take corrective action, ensuring the integrity of the session is maintained and the student’s ability to learn is protected. Motorola corrective action may include: Delaying the start of training until the number of students in attendance is in line with the maximum number of students allowed for the session. Splitting the class into multiple sessions. In such a case, the City will be charged for multiple occurrences of the class plus additional expenses, including travel related expenses, incurred by Motorola. 5.3COURSE DESCRIPTIONS The following tables provide detailed descriptions of training courses that will be provided as part of the system at the location indicated. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 360 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-2: PremierOne CAD/Mobile Business Process Review/Discovery Goal:Facilitate discussions and document findings of City’s business practices and needs for PremierOne CAD and Mobile implementation and provisioning. Course Materials: PremierOne Business Process Review and Discovery Guide. Location: City’s facility Duration: 24 Hours over three consecutive days Participants:Those with knowledge of the departments CAD/Mobile business practices and those with the ability to make decisions. Class Size: One designated lead for each Agency type with authority to make decisions on the provisioning settings for that agency type is required. Up to 10 participants. Prerequisite:Knowledge of current Mobile and CAD application and configuration and agency SOPs. Specific agency inputs as described in the pre-provisioning guide and provisioning preparation materials. Instructor: Motorola Business Analyst Environment Setup: Projector White board or Easel Chart with markers. NOTE: Observation of the Communications Center is requested for the Motorola Business Analyst. Motorola Staff Days: 3 days City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 361 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-3: PremierOne CAD/Mobile Pre-Provisioning Goal:Provide detailed discussion on Mobile and Computer Aided Dispatch (CAD) provisioning data files, in order to prepare for upcoming provisioning training. Also includes GIS-related elements, i.e. agency names, etc. Course Materials: PremierOne CAD/Mobile Provisioning Guide PremierOne Provisioning Workbook Location: City’s facility Duration: 24 hours over three consecutive days Participants:CAD and Mobile administrators and personnel familiar with current processes and workflows. Personnel responsible for providing the data required for provisioning and making the decisions on configuration options. Class Size: Maximum of twenty-five (25) students (Note: Provisioning Training will be a subset of the Pre-Provisioning attendees that will make final provisioning decisions.) Prerequisite:Knowledge of current Mobile and CAD application and configuration and agency SOPs. Microsoft and ESRI proficiency as defined in the Prerequisites Section. Instructor: Motorola Business Analyst Environment Setup: Instructor’s workstation(s) Projector White board (if possible) NOTE: As this is not a hands-on class, there can be a large audience. The actual Provisioning training has a smaller class size. An accurate geodatabase must be provided before moving on to Provisioning training Motorola Staff Days: 3 days City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 362 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-4: Managing GIS Data with PremierOne Import Tool Goal: This course offers the skills and practice necessary to use the PremierOne Import tool and create the required databases and mxd docs for CAD and Mobile. The module covers the use of the import tool to build the required file and SDE geodatabases for the PremierOne CAD system. Location: City’s facilities Format: Combined classroom and workshop Course Materials: PremierOne GIS System Administrator Training Guide Duration: Up to 24 hours in a single business day Participants:GIS personnel and GIS System Administrator(s) Class Size: Maximum of 4 students Prerequisite:Computer knowledge and PC skills including DOS and Microsoft Windows, and basic PC functionality. Completion of Windows tutorials or equivalent training. Basic understanding of geographical data and proficient in the use of ArcGIS. A day of prep to ensure a working SDE connection to the PremierOne server from the machine the GIS import tools are installed on. Instructor: Motorola GIS Mapping Business Analyst City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 363 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-5: PremierOne CAD and Mobile base Provisioning Training Goal: Provide detailed instruction on initial agency inputs and maintenance of PremierOne Computer Aided Dispatch (CAD) and Mobile provisioning data files Course Materials: PremierOne CAD/Mobile Provisioning Guide Course Outline Location: Remote/Webinar session. City participants need to provide their own space, equipment and network access Duration: 24 hours over three consecutive days Participants: Those responsible for making the decisions on configuration options and those responsible for maintaining the CAD/Mobile system provision. Class Size: Maximum of six (6) students Prerequisite:Knowledge of current Mobile and CAD application and configuration and agency SOPs. Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: One (1) workstation for each participant, secondary monitor recommended Network access for connection to Motorola Instructor VPN access to City system Microsoft Excel should be installed on at least one training workstation Motorola Staff Days: 2 days City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-8 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 364 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-6: PremierOne Computer Aided Dispatch base Train-the-Trainer Goal: Provide selected personnel with sufficient knowledge to support an end user training program on the core functionality of PremierOne CAD. Course Materials: CAD User Guide Course Outline Location: City’s facility Duration: Up to 28 hours over three and one-half consecutive business days If Mobile is part of the solution then Mobile train-the-trainer will also be completed during the same week as this course. Participants: Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of twelve (12) students Prerequisite: Knowledge of current CAD application and customer operations. Completion of PremierOne overview courses Instructor:Motorola Business Analyst Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board or Easel Chart with markers. Motorola Staff Days: Three (3) days training City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 365 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-7: PremierOne Computer Aided Dispatch base End User Training Goal:Provide selected personnel with sufficient knowledge to operate the provisioned features of PremierOne CAD. Course Materials: CAD User Guide Course Outline Location: City’s facility Duration: Up to 24 hours over three consecutive business days If Mobile is part of the solution then Mobile train-the-trainer will also be completed during the same week as this course. Participants: Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of twelve (12) students Prerequisite: Knowledge of current CAD application and customer operations. Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board or Easel Chart with markers. Motorola Staff Days: Three (3) days training City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-10 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 366 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-8: PremierOne Mobile base Train-the-Trainer Goal: Provide selected personnel with sufficient knowledge to support an end user training program on the core functional of PremierOne Mobile. Course Materials: PremierOne Mobile User Guide Course Outline Location: City’s facility Duration: 4 hours, completed during the same week as CAD train-the- trainer Participants:Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of twelve (12) students Prerequisite: Knowledge of current Mobile application and customer operations. Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board or Easel Chart with markers. Motorola Staff Days Up to 4 hours on One day City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 367 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-9: PremierOne CAD/Mobile System Administrator Training Goal: Provides practical techniques for system administration and maintenance of the CAD and/or Mobile components of the PremierOne system. Course Materials: CAD and Mobile System Administration Guides Course Outline Location: Remote/Webinar session. City participants need to provide their own space, equipment and network access Duration: Up to 16 hours over two consecutive business days Participants: Personnel responsible for the day to day management of the system. Class Size: Maximum of four (4) students Prerequisite:Knowledge of customer site network, IT policies and operations. Microsoft proficiency as defined in the Prerequisites Section. Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: One (1) workstation for each participant, secondary monitor recommended Network access for connection to Motorola Instructor VPN access to customer system Motorola Staff Days One (1) day of preparation Two (2) days training City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 368 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-10: Standard Reports Training in PremierOne CAD/Mobile Goal: Provide selected personnel with knowledge on the PremierOne Report Data Warehouse using Microsoft’s SQL Server Reporting Service (SSRS) software and the standard reports available with PremierOne. Course Materials: SSRS Training Guide Location: Remote/Webinar session. City participants need to provide their own space, equipment and network access. Duration: Up to 16 hours over two consecutive business days Participants: Personnel who will manage and run reports Class Size: Maximum of six (6) students Prerequisite: Some knowledge of reporting systems Completion of PremierOne overview courses Instructor: Motorola SSRS and Reports specialist Environment Setup: A workstation for each participant with network connection Access to PremierOne RDW and SSRS Note: Sufficient sample data will need to be present in the system in order to build realistic reports during class. It is recommended that this class take place after CAD Train the Trainer to facilitate this need. Motorola Staff Days: Two (2) days training City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 369 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-11: PremierOne Jail Provisioning Workshop Goal: Provide selected personnel with sufficient knowledge to configure PremierOne Jail to meet the agency’s needs, including security, agency code tables, personnel, and other administrator items Course Materials: PremierOne Records Provisioning Guide Course Outline Location: City’s facility Duration: 16 hours over 2 consecutive days Participants:Administrators who are responsible for configuring agency information Class Size: Maximum of six (6) students Prerequisite:Knowledge of current business practices Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board (if possible) NOTE: Allow at least four weeks from the end of provisioning training to perform the necessary work prior to the PremierOne Jail Train- the-Trainer classes This course can be broken down into modules based on which personnel need to be in attendance. There will also be working sessions to aid the Agency with proper provisioning Motorola Staff Days: 2 days City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 370 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-12: PremierOne Jail base Train-the-Trainer Goal: Provide instruction for students to acquire baseline knowledge and develop skills to use PremierOne Jail system. Course Materials: PremierOne Jail User Guide Course Outline Location: City’s facility Duration: 24 hours Participants: Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of twelve (12) students Prerequisite:Knowledge of current Jail Management application and customer operations. Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board or Easel Chart with markers. Motorola Staff Days Up to 3 days City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 371 EXHIBIT C-2. TECHNICAL & IMPLEMENTATION DOCUMENTS Table 5-13: PremierOne Jail System Administration and Reporting Training Goal: Provide detailed instruction on maintenance of PremierOne Jail provisioning, on-going system maintenance, reporting environment and standard reports Course Materials: PremierOne Records/Jail System Administrator Guide Course Outline Location: Remote/Webinar session. City participants need to provide their own space, equipment and network access. Duration: Up to twenty-four hours over two (2) consecutive business days Participants: Personnel responsible for the day to day management of the system and report generation. Class Size: Maximum of four (4) students Prerequisite: Knowledge of customer site network, IT policies and operations. Completion of PremierOne overview courses Instructor: Motorola Business Analyst Environment Setup: A workstation for each participant with network connection for webinar and connectivity to system provisioning and reporting environments. Motorola Staff Days: Two (2) days City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 v2 Motorola Solutions Confidential Restricted PremierOne Training Plan 5-16 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 372 EXHIBIT C-4. PERFORMANCE SCHEDULE SECTION 6 PERFORMANCE SCHEDULE We are providing a sample project schedule to highlight the typical project implementation timeline and task order. As part of project kickoff activities, the Motorola Project Manager will collaborate with the City’s Project Manager to develop a mutually agreeable project schedule which will include the final contracted scope of work and project resources (including subcontractors). Changes to project scope and the project schedule will be by mutual agreement between Motorola and the City, and will be in accordance with the change-control provision of the contract. City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 Motorola Solutions Performance Schedule 6-1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 373 EXHIBIT C-4. PERFORMANCE SCHEDULE May 24, 2016 City of Chula Vista, CA PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 6-2 Performance Schedule Motorola Solutions Confidential Restricted ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 374 EXHIBIT C-4. PERFORMANCE SCHEDULE City of Chula Vista, CA May 24, 2016 PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 Motorola Solutions Confidential Restricted Performance Schedule 6-3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 375 EXHIBIT C-4. PERFORMANCE SCHEDULE May 24, 2016 City of Chula Vista, CA PremierOne CAD and Mobile, with PremierOne Records 16-PS-68451 6-4 Performance Schedule Motorola Solutions Confidential Restricted ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 376 Exhibit D Maintenance and Support Agreement The Maintenance and Support Agreement is on the following pages. Note:LifeCycle services are included in this Agreement and Exhibit D to this Maintenance and Support Agreement. Professional Upgrade Services Statement of Work applies to the Upgrade Services. 23 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 377 Exhibit D Maintenance and Support Agreement Motorola Solutions, Inc., a Delaware corporation (ÐMotorolaÑ) having a place of business located at 7237 Church Ranch Blvd, Suite 406 Westminster, CO 80021 and the City of Chula Vista, CA (ÐCustomerÑ), having a place of business located at 315 Fourth Avenue, Chula Vista, CA 91910, enter into this Maintenance and Support Agreement (ÐAgreementÑ), pursuant to which Customer will purchase and Motorola will sell the maintenance and support services as described below and in the attached exhibits. Motorola and Customer may be referred to individually as ÐpartyÑ and collectively as Ðparties.Ñ For good and valuable consideration, the parties agree as follows: Section 1 EXHIBITS The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed below. Exhibit A ÐCovered Products, Support Options and PricingÑ Exhibit B ÐCustomer Support PlanÑ Exhibit C ÐLabor RatesÑ Exhibit D ÐProfessional Upgrade Services Statement of WorkÑ Section 2 DEFINITIONS ÐCSRÑ means Motorola Solutions Customer Service Request System ÐEquipmentÑ means the physical hardware purchased by Customer from Motorola pursuant to a separate System Agreement, Products Agreement, or other form of Agreement. ÐMotorolaÑ means Motorola Solutions, Inc., a Delaware corporation. ÐMotorola Solutions SoftwareÑ means Software that Motorola owns. The term includes Product Releases, Standard Releases, Supplemental Releases, Cumulative Updates, and On Demand Releases. ÐNon-Motorola Solutions SoftwareÑ means Software that a Third Party other than Motorola owns. ÐOptional Technical Support ServicesÑ means fee-based technical support services that are not covered as part of the standard Technical Support Services included as Exhibit D to the MSA. ÐPatchÑ means a specific change to the Software that does not require a Release. ÐPrincipal Period of MaintenanceÑ or ÑPPMÑ means the specified days and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by the Customer is indicated in the Covered Products, Support Options and Pricing Exhibit. ÐProductsÑ means the Equipment (as indicated in the Covered Products Exhibit) and Software provided by Motorola. ÐReleasesÑ means an Update or Upgrade to the Motorola Software and are characterized as ÐOn Demand Releases,Ñ ÐCumulative Updates,Ñ ÐSupplemental Releases,Ñ ÐStandard Releases,Ñ or ÐProduct Releases.Ñ The content and timing of Releases will be at MotorolaÓs sole discretion. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 1 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 378 An ÐOn Demand ReleaseÑ is a limited usage release defined as a release of Motorola Software that primarily will address a high priority issue and will be issued on an Ðas neededÑ basis; an On Demand Release will be superseded by the next issued On Demand Release or Cumulative Update. A ÐCumulative UpdateÑ is defined as a release of Motorola Software that contains error corrections to an existing Standard Release that do not affect the overall structure of the Motorola Software. Cumulative Updates will be superseded by the next issued Cumulative Update. A ÐSupplemental ReleaseÑ is defined as an interim release of Motorola Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the Motorola Software. Depending on the CustomerÓs specific configuration, a Supplemental Release might not be applicable. A ÐStandard ReleaseÑ is defined as a release of Motorola Software that may contain product enhancements and improvements, such as new databases, modifications to databases, or new servers, as well as error corrections. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training, on-site installation, and System downtime. Standard Releases will contain all the content of prior On Demand Releases and Cumulative Updates that is reasonably available (content may not be reasonably available because of the proximity to the end of the release cycle and such content will be included in the next release). A Ð ÐProduct ReleaseÑ is defined as a release of Motorola Software containing product enhancements and improvements such as new databases, modifications to databases, and/or new servers and other technology components. A Product Release includes more significant architectural and hardware changes than a Standard Release. A Product Release involves file and database conversions, System configuration changes, hardware changes, additional training, on-site installation, and System downtime. On Demand Releases are identified by the fifth character of the five-character release number, shown here as underlined: Ð1.2.0.4.a,Ñ Cumulative Updates by the fourth digit: Ð1.2.0.4.a,Ñ Supplemental Releases are identified by the third digit: Ð1.2.0.4.a,Ñ Standard Releases by the second digit: Ð1.2.0.4.a,Ñ and Product Releases by the first digit: Ð 1.2.0.4.a.Ñ ÐResidual ErrorÑ means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications. ÐServicesÑ means those maintenance and support services described in the Customer Support Plan Exhibit and provided under this Agreement. ÐSoftwareÑ means the Motorola Solutions Software and Non-Motorola Solutions Software (Third Party) that is furnished with the System or Equipment. ÐSpecificationsÑ means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. ÐStandard Business DayÑ means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola holidays. ÐStandard Business HourÑ means a sixty (60) minute period of time within a Standard Business Day(s). ÐStart DateÑ means the date upon which this Agreement begins. The Start Date is specified in the Covered Products, Support Options and Pricing Exhibit. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 2 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 379 ÐSystemÑ means the Products and Services provided by Motorola as a system and are more fully described in the Technical and Implementation Documents attached as Exhibits to a System Agreement between Customer and Motorola. ÐTechnical Support ServicesÑ means the remote telephonic support provided by Motorola on a standard and centralized basis concerning the Covered Products, including diagnostic services and troubleshooting to assist the Customer in ascertaining the nature of a problem being experienced by the Customer. Technical Support Services includes minor assistance concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client-server advice), and minor assistance or advice on installation of Releases provided under this Agreement. ÐUpdateÑ means an On Demand Release, Cumulative Update, Supplemental Release or Standard Release. ÐUpgradeÑ means a Product Release. Section 3 SCOPE AND TERM OF SERVICES 3.1. In accordance with the provisions of this Agreement and in consideration of the payment by Customer of the price for the Services, Motorola will provide to the Customer the Services as described in this Maintenance and Support Agreement and as indicated in the Covered Products, Support Options and Pricing Exhibit. Services will apply only to the Products described in the Covered Products Exhibit. 3.2. Unless the Covered Products, Support Options and Pricing Exhibit expressly provides to the contrary, the term of this Agreement is ten (10) year(s), beginning on the Start Date. Following the initial term period, this Maintenance and Support Agreement will automatically renew upon the anniversary date for successive one (1) year periods unless either party notifies the other of its intention to not renew the Agreement (in whole or part) not less than thirty (30) days before the anniversary date or requests an alternate term or this Agreement is terminated for default by a party. 3.3. This Agreement covers all copies of the specified Products listed in the Covered Products, Support Options and Pricing Exhibit that are licensed by Motorola to the Customer. If the price for Services is based upon a per unit fee, such price will be calculated on the total number of units of the Products that are licensed to Customer as of the beginning of the maintenance and support period. If, during a maintenance and support period, Customer acquires additional Products that will be covered by this Agreement, the price for maintenance and support services for the additional Products will be calculated and added to the total price either (1) if and when the maintenance and support period is renewed or (2) immediately when Customer acquires additional Products, as determined by Motorola. Motorola may adjust the price of the maintenance and support services at the time of a renewal if it provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of the maintenance and support period. If Customer notifies Motorola of its intention not to renew this Agreement as permitted by Section 3.2 and later wishes to reinstate this Agreement, it may do so with MotorolaÓs consent provided (a) Customer pays to Motorola the amount that it would have paid if Customer had kept this Agreement current, (b) Customer ensures that all applicable Equipment is in good operating conditions at the time of reinstatement, and (c) all copies of the specified Software listed in the Description of Covered Products are covered. 3.4. When Motorola performs Services at the location of installed Products, Customer agrees to provide to Motorola, at no charge, a non-hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Motorola to perform its obligations under this Agreement. 3.5. All Customer requests for covered Services will be made initially with the call intake center identified in the Covered Products, Support Options and Pricing Exhibit. 3.6. Motorola will provide to the Customer Technical Support Services and Releases as follows: Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 3 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 380 3.6.1. Motorola will provide Technical Support Services and correction of Residual Errors during the PPM in accordance with the Exhibits. The level of Technical Support depends upon the CustomerÓs selection as indicated in the Covered Products, Support Options and Pricing Exhibit. Any Technical Support Services that are performed by Motorola outside the contracted PPM and any Residual Error corrections that are outside the scope will be billed at the then current hourly rates. The objective of Technical Support Services will be to investigate specifics about the functioning of covered Products and to determine whether there is a defect in the Product. Technical Support Services will not be used in lieu of training on the covered Products. 3.6.2. Unless the Covered Products, Support Options and Pricing Exhibit expressly provides to the contrary, Motorola will provide to Customer without additional license fees an available Cumulative Update, Supplemental, or Standard Release for MotorolaÓs PremierOne Applications after receipt of a request from the Customer. The Customer must pay for any installation or other services and any necessary Equipment or third party software or training provided by Motorola in connection with Supplemental or Standard Releases. On Demands and Cumulative Updates are designed to be delivered remotely. Services for onsite delivery related to On Demands and Cumulative Updates as requested by Customer will be quoted at the time of the request. Any services will be performed in accordance with a mutually agreed schedule. 3.6.3. Motorola will provide to Customer available Product Release software at no cost after receipt of a request from Customer, but Customer must pay for any installation or other services, unless they are covered by the professional upgrade services described in Exhibit D of the MSA, and services to install and configure that Equipment in connection with such Product Release. Any services will be performed in accordance with a mutually agreed schedule. 3.6.4 Along with maintenance Software Releases, Motorola will make available for sale new purchasable licensed solutions beyond those already purchased under this agreement. Those purchasable solutions may include new modules, subsystems or products that are separate and distinct from the PremierOne products purchased under this agreement. Newly released Products may have PremierOne as a pre-requisite and/or share some portion of the PremierOne code base. Customers are not entitled to these products, solutions or subsystems within this Maintenance and Support Agreement, if they have not purchased the required licenses. 3.6.5. As part of the Software development process Motorola makes every reasonable effort to lessen impact to customer operations. Any change to existing functionality is done after thorough review of customer feedback and with announcement of said change. When itÓs not technically feasible to meet a particular requirement Motorola will proactively communicate the changes. Beyond these efforts Motorola does not warrant that a Release will meet CustomerÓs particular requirement, be uninterrupted or error-free, be backward compatible, or that all errors will be corrected. Errors addressed as part of the Software Release will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, Motorola will make available services to integrate these capabilities and functions to the updated or upgraded version of the Software, which services may be fee based. 3.6.6. Except as provided in Section 3.6.6, MotorolaÓs responsibilities under this Agreement to provide Technical Support Services will be limited to the current Standard Release plus the two (2) prior Standard Releases (collectively referred to in this section as ÐCovered Standard ReleasesÑ). Notwithstanding the preceding sentence, Motorola will provide Technical Support Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless such error has been corrected by a Covered Standard Release (in which case Customer will need to have the Standard Release that fixes the reported error installed or terminate this Agreement as to the applicable Software). 3.6.7. MotorolaÓs responsibilities under this Agreement to provide Technical Support Services will be limited to the current Standard Release concerning the following Software: Customer Service Request, Case Management, Integration Framework, and Integration Framework Express. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 4 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 381 3.7. The Maintenance and Support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specifically exclude and Motorola will not be responsible for: 3.7.1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturerÓs guidelines. 3.7.2. The repair or replacement of Products or parts resulting from failure of the CustomerÓs facilities, CustomerÓs personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by MotorolaÓs representatives. 3.7.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, CustomerÓs negligence, or from causes such as lightning, power surges, or liquids. 3.7.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 3.7.5. Accessories, custom or Special Products; modified units; or modified Software. 3.7.6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Motorola or the failure of the System due to extraordinary uses. 3.7.7. Operation and/or functionality of CustomerÓs personal property, equipment, and/or peripherals and any application software not provided by Motorola. 3.7.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 3.7.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 3.7.10. Services to diagnose malfunctions or inoperability of the Software caused by changes, additions, enhancements, or modifications in the CustomerÓs platform or in the Software. 3.7.11. Services to correct errors found to be caused by Customer-supplied data, machines, or operator failure. 3.7.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply (UPS); office furniture including chairs or workstations. 3.7.13. Third-party software unless specifically listed on the Covered Products Exhibit. 3.7.14. Support of any interface(s) beyond Motorola-provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications concerning the Products. 3.7.15. Services related to customerÓs failure to back up its data or failure to use a UPS system to protect against power interruptions. 3.7.16. Any design consultation such as, but not limited to, configuration analysis, consultation with CustomerÓs third-party provider(s), and System analysis for modifications or Upgrades or Updates which are not directly related to a Residual Error report. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 5 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 382 3.8. The Customer hereby agrees to: 3.8.1. Maintain any and all electrical and physical environments in accordance with the System manufacturerÓs specifications. 3.8.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per MotorolaÓs recommended backup procedures. 3.8.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with the Customer; however, remote access is required and will not be substituted with on-site visits if access is not allowed or available. 3.8.4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to MotorolaÓs Technical Support organization for reporting and verifying problems and performing System backup. These employees are considered the authorized users. At least one member of the System Administrators group must have completed MotorolaÓs End-User training and System Administrator training (if available). The combined skills of this System Administrators group includes proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator will follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Motorola. Customer will assist Motorola in determining that errors are not the product of the operation of an external system, data links between system, or network administration issues. If a Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact MotorolaÓs Customer Support by telephone, but the System Administrator must follow up with MotorolaÓs Customer Support as soon as practical thereafter. 3.8.5. Customer will facilitate software upgrades in accordance with Section 3.6.2 which may include but is not limited to scheduling remote or local access to the system; coordination of upgrade with users, if service interruptions are anticipated; participating in testing activities; and maintaining communications with Motorola through completion of the upgrade. 3.9. In performing repairs under this Agreement, Motorola may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Motorola will become MotorolaÓs property. 3.10 Customer will permit and cooperate with Motorola so that Motorola may periodically conduct audits of CustomerÓs records and operations pertinent to the Services, Products, and usage of application and data base management software. If the results of any such audit indicate that price has been understated, Motorola may correct the price and immediately invoice Customer for the difference (as well as any unpaid but owing license fees). 3.11. If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Motorola will have the right to adjust the price for the Services to the appropriate current price for the new configuration. 3.12 Customer agrees not to attempt or apply any update(s), alteration(s), or change(s) to the database software without the prior approval of Motorola. Section 4. RIGHT TO SUBCONTRACT AND ASSIGN Except as provided herein, neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which consent will not be unreasonably withheld. Any Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 6 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 383 attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a ÐSeparated BusinessÑ), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a ÐSeparation EventÑ), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work; however, subcontracting will not relieve Motorola of its duties under this Agreement. Section 5. PRICING, PAYMENT AND TERMS 5.1 Prices in United States dollars are shown in the Covered Products, Support Options and Pricing Exhibit. The term prices shown in the Covered Products, Support Options and Pricing Exhibit will be invoiced annually in advance of the period of service. Motorola will provide to Customer an invoice, and Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Upon contract execution, Customer will issue a Purchase Order (if applicable) to Motorola in the full amount of the Contract Price, or evidence of full funding for a multi-year agreement and will make payments when due in the form of a check, cashierÓs check, or wire transfer drawn on a United States financial institution. MotorolaÓs annual maintenance and support pricing for Motorola products increases each year 5% over the previous term's pricing. Third-party products will increase annually based on a current vendor supplied maintenance and support quote. 5.2. Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate. 5.3 If Customer requests, Motorola may provide services outside the scope of this Agreement or after the termination or expiration of this Agreement and Customer agrees to pay for those services. These terms and conditions and the prices in effect at the time such services are rendered will apply to those services. 5.4 Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or any other similar assessments imposed upon Motorola. If such charges are imposed upon Motorola, Customer will reimburse Motorola upon receipt of proper documentation of such assessments. Section 6. LIMITATION OF LIABILITY Except for personal injury or death, Motorola Solutions total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLASOLUTIONSWILLNOTBELIABLEFORANYCOMMERCIAL LOSS;INCONVENIENCE;LOSSOFUSE,TIME,DATA,GOODWILL,REVENUES,PROFITSORSAVINGS; OROTHERSPECIAL,INCIDENTAL,INDIRECT,ORCONSEQUENTIALDAMAGESINANYWAYRELATED TOORARISINGFROMTHISAGREEMENTORTHEPERFORMANCEOFSERVICESBYMOTOROLA SOLUTIONSPURSUANTTOTHISAGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 7. DEFAULT/TERMINATION 7.1. If Motorola breaches a material obligation under this Agreement (unless Customer or a Force Majeure causes such failure of performance); Customer may consider Motorola to be in default. If Customer asserts a default, it will give Motorola written and detailed notice of the default. Motorola will have thirty (30) days thereafter either to dispute the assertion or provide a written plan to cure the default that is acceptable to Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 7 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 384 Customer. If Motorola provides a cure plan, it will begin implementing the cure plan immediately after receipt of CustomerÓs approval of the plan. 7.2. If Customer breaches a material obligation under this Agreement (unless Motorola or a Force Majeure causes such failure of performance); if Customer breaches a material obligation under the Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to pay any amount when due under this Agreement, indicates that it is unable to pay any amount when due, indicates it is unable to pay its debts generally as they become due, files a voluntary petition under bankruptcy law, or fails to have dismissed within ninety (90) days any involuntary petition under bankruptcy law, Motorola may consider Customer to be in default. If Motorola asserts a default, it will give Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to (I) dispute the assertion, (ii) cure any monetary default (including interest), or (iii) provide a written plan to cure the default that is acceptable to Motorola. If Customer provides a cure plan, it will begin implementing the cure plan immediately after receipt of MotorolaÓs approval of the plan. 7.3. If a defaulting party fails to cure the default as provided above in Sections 7.1 or 7.2, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of Section 6 above. 7.4. Upon the expiration or earlier termination of this Agreement, Customer and Motorola will immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the other, including all copies thereof, which the other Party previously provided to it in furtherance of this Agreement. Confidential Information includes: (a) proprietary materials and information regarding technical plans; (b) any and all other information, of whatever type and in whatever medium including data, developments, trade secrets and improvements, that is disclosed by Motorola to Customer in connection with this Agreement; (c) all geographic information system, address, telephone, or like records and data provided by Customer to Motorola in connection with this Agreement that is required by law to be held confidential. 7.5 Any termination by Customer prior to the expiration of the multi-year term, for any reason other than Motorola default, will result in an early termination fee equal to the discount applied to the invoices for the multi- year term, which will be due and payable upon such early termination. Annual discounts, if any, for the multi- year term can be found on the Covered Products, Support Options and Pricing Exhibit. Section 8. GENERAL TERMS AND CONDITIONS 8.1. Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile with correct answerback received, and will be effective upon receipt. Customer: __________________________ Attn: _______________________________ ___________________________________ ___________________________________ Motorola Solutions, Inc. Attn: Law Dept. 1301 E. Algonquin Road Schaumburg, IL 60196 8.2. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such partyÓs reasonable control. 8.3. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by the waiving party. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 8 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 385 An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 8.4. Customer may not assign any of its rights under this Agreement without MotorolaÓs prior written consent. 8.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties regarding the covered Maintenance and Support Services and supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. Neither this Agreement nor the Exhibits may be altered, amended, or modified except by a written agreement signed by authorized representatives of both parties. Customer agrees to reference this Agreement on all purchase orders issued in furtherance of this Agreement. Neither party will be bound by any terms contained in CustomerÓs purchase orders, acknowledgements, or other writings (even if attached to this Agreement). 8.6. This Agreement will be governed by the laws of the United States to the extent that they apply and otherwise by the laws of the State to which the Products are shipped if Licensee is a sovereign government entity or the laws of the State of Illinois if Licensee is not a sovereign government entity. Section 9. CERTIFICATION DISCLAIMER Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by an authorized signatory of Motorola. Section 10. COMPLIANCE WITH APPLICABLE LAWS The Parties will at all times comply with all applicable regulations, licenses and orders of their respective countries relating to or in any way affecting this Agreement and the performance by the Parties of this Agreement. Each Party, at its own expense, will obtain any approval or permit required in the performance of its obligations. Neither Motorola nor any of its employees is an agent or representative of Customer. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and year first written above: MOTOROLA SOLUTIONS, INC. CUSTOMER By: _ By: _ Name: _ Name: _ Title: _ Title: _ Date: _ Date: _ Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 9 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 386 Exhibit A to MSA COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING MAINTENANCE AND SUPPORT AGREEMENT TERM: City of Chula Vista, CA CUSTOMER AGENCYBILLING AGENCY 315 Fourth Avenue Address Address Chula Vista, CA 91910 City, State, ZipCity, State, Zip Contact NameContact Name Contact TitleContact Title Telephone NumberTelephone Number Email AddressEmail Address For support and updates on products below, please contact Motorola’s Public Safety Application’s Customer Support:(800) 323-9949 Option 2, Option 6, then select the corresponding prompt by product Site Identification Numbers Product GroupSite Identification NumberPhone Prompt Standard Services Include: Customer Support Plan Virtual Private Network VPN Tool Case Management 24x7 Defective Media Retention 24x7 Technical SupportSystem Self Monitoring Tools (P1) Third-party Vendor CoordinationMicrosoft Embedded Maintenance On-site Support (when applicable)Access to Users Group Site Software Releases, as defined MOTOROLA SUPPORTED PRODUCTS Technical ProductDescriptionService LevelQtyTerm Fees PremierOne CAD Software: CAD Server, CAD/Mobile Reporting, Mapping Server, 24x7 Lot $515,630.00 (10) CAD Clients, Interfaces (E911, Radio: PTT, NetRMS CFS, ARJIS Call Export. NetRMS Query , State/NCIC PremierOne PremierOne Mobile Software: Mobile Lot $253,432.00 Server, (65) concurrent Mobile Clients CAD/Mobile/Jail PremierOne Jail Software: Records Server (1 to 50 users), (10) concurrent Clients, $251,508.00 Lot Advanced Configuration Tool, Jail Booking and Detention, Interfaces: Regional Mugshot System, AFIS TOTAL$1,020,570.00 THIRD-PARTY VENDOR SUPPORTED PRODUCTS Vendor VendorDescription / Exhibit ReferenceService LevelQtyTerm Fees HP server and storage hardware and Lot $156,274.00 software, CAD/Mobile and Jail Lot CommSys $49,301.00 HP $163,382.00 Microsoft SQL Server, SysCtrDatacenter $.00 TOTAL$368,957.00 Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 10 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 387 Exhibit A Continued COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING MAINTENANCE AND SUPPORT AGREEMENT TERM: Optional Services Available: Technical Support 9x5 (downlift)Users Conference Advance Purchase** On-site Support Dedicated Resource Professional Services Upgrades* Hardware Refresh*GeoFile Services Professional Services ConsultationTime and Materials Professional Services TrainingLifecycle Services* *Require Multi-year Agreement **USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS Users Conference Attendance ($2,650 per Attendee) Includes:YearNumber Attendees Registration fee Roundtrip travel for event (booked by Motorola) Hotel accommodations (booked by Customer Agency per Motorola website instructions) Ground Transportation (booked by Motorola) 1 Daily meal allowance 1 Daily meal allowance is determined by Motorola based on published guidelines. In no event will the amount provided exceed attendeeÓs applicable Agency rules regarding meal expenses, provided the attendee or his/her agency notifies Motorola in advance of the conference of any restrictions, prohibitions or limitations that apply. OPTIONAL SUPPORT SERVICES ServiceDescriptionQtyTerm Fees Delivers the services required to perform software upgrade tasks for Standard releases Up to 1 every Software Refresh and Product Releases including installation, other year, if $419,539.00 Services testing and training of features or functions available introduced by the upgraded version of software Hardware Up to one during Provides for Motorola procurement and Equipment Refresh the ten (10) year $135,673.00 installation of new hardware components Service term $555,212.00 SUPPORT FEES SUMMARY ProductService LevelTerm Fees PremierOne CAD/Mobile, Jail24x7$1,020,570.00 Multi Product/Multi-Year Discount ($91,662.00) SUBTOTAL MOTOROLA SUPPORT $928,908.00 HP, CommSys, Microsoft$368,957.00 SUBTOTAL THIRD PARTY SUPPORT $368,957.00 Optional Support Service $555,212.00 SUBTOTAL OPTIONAL SUPPORT SERVICES $555,212.00 GRAND TOTAL$1,853,077.00 Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 11 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 388 Exhibit B to MSA CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT CUSTOMER:TERM City of Chula Vista, CA : Ten (10) Years Introduction Welcome to Motorola Customer Support. We appreciate your business and look forward to serving your needs on your Public Safety Applications (PSA) system. The Customer Support Plan is designed to provide Motorola customers the details necessary for understanding Motorola overall support processes and policies as a compliment to the Motorola Maintenance and Support Agreement. The Motorola Maintenance and Support Agreement is the legal and binding contractual terms for which services are provided under. Questions or concerns regarding your support plan can be directed to your Support Manager. Below are the topics outlined in this Customer Support Plan: I. Service Offerings II. Accessing Customer Support III. Severity Levels and Case Management IV. Responsibilities V. Customer Call Flow VI. Contacts I. Service Offerings Motorola Customer Support organization includes a staff of Support Analysts who are managed by Motorola Customer Support Managers and are chartered with the direct front-line support of Motorola Customers. A Support Analyst is a system technologist responsible for providing direct or escalation support. A Support Analyst is sometimes referred to as a Customer Support Analyst (ÐCSAÑ) or Technical Support Analyst (ÐTSAÑ) or Technical Support Representative. Motorola Support Organization offers a multi-layered approach to a total service solution. Levels of support are defined as follows: Service Levels Level 0 Logging, dispatching and tracking service requests s t Level 1 Selected 1 call support, triage and resolution Level 2 Telephone and/or on-site support for normal technical requirements Level 3 High-level technical support prior to Engineering escalation Level 4 Engineering software code fixes and changes Motorola provides to customers on an active Maintenance and Support Agreement defined services and Software Releases. Specific support definitions, offerings and customer responsibilities are detailed in Section 3 of the main body of the Maintenance and Support Agreement. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 389 II. Accessing Customer Support The Motorola Solutions System Support Center Operations Motorola Public Safety Applications Technical Support personnel in cooperation with Motorola System Support Center (ÐSSCÑ) provide the gateway to technical support for all of Motorola Public Safety Application systems. Accessing support through Motorola toll free 800 number, web ticketing or email ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make certain systems are restored and running at peak levels as quickly as possible. This is accomplished by obtaining accurate customer and problem details and by directing requests to the right support team in a timely manner. The System Support Center offers total call management including: Single point of contact for Motorola service requests Logging, dispatching and tracking of service requests System capabilities to identify pending cases and automatically escalate to management Database and customer profile management Standard reports with on-demand distribution Case notification Motorola System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means you can call us anytime. Support Center personnel enter requests for service, technical assistance, or telephone messages into a database system. Every time you call us, we log information about your request into the tracking system so that the information is available for reference and analysis to better serve your future service needs. Another benefit of logging every service request is that Motorola and customers can track the progress from initial contact to final resolution. There are three options for accessing Support at Motorola: 1. Motorola System Support Center Toll Free Number 2. eCase Management through Motorola On-Line 3. Email Case Ticketing Option 1 - Call Motorola Solutions System Support Center Call Motorola Solutions Toll free 800-323-9949 Select from the auto attendant as follows: Option 2 Î Technical Support of Infrastructure Products Then select Option 6 Î Public Safety Applications Next select the appropriate system type option 1. CAD 2. RMS, Records 3. Mobile Applications 4. Jail Management Systems 5. Law Records (LRMS) 6. Customer Service Request System (CSR) 0. All Other Applications Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact and your agency and product specific Site Identification Number. Providing a brief problem description will assist in defining the severity level and determine proper case routing to the appropriate Motorola Technical Support Team Member. A unique tracking number will be provided to your agency for future reference. Generally customers calling the toll-free 800 number will access Public Safety Applications technical support directly. For heavy call times or after hours the caller will be directed to Motorola System Support Call Center Operations. Once the logging process is complete customers are transferred directly to a Technical Support Analyst 24/7/365. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 13 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 390 Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 14 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 391 Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 15 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 392 How to Obtain Technical Support for Products Action / Response Step 1.Call the Motorola Solutions System Support Center1-800-323-9949 Step 2. Select option 2 (Technical Support) Step 3 . Select option 6 (Public Safety Applications) Step 4 . Select product specific option Step 5 . Provide Site Identification Number (See Covered Products Exhibit for your agencyÓs Site Identification Numbers) Step 6.Caller Name Provide Your Information Contact Phone Number Description of problem Severity of system problem determined at time of call Time available for call back Email address Step 7 Caller will receive a Case number for tracking the service . Case Number Generated request. Check StatusThe caller may check the status of a Case at any time by calling the System Support Center at 1-800-323-9949 and following steps 2-4 above and providing the case number. Case AssignmentThe Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Standard Response TimeRESPONSE See Section III for Severity Level definitions Severity 1: 1 hour Severity 2: 3 business hours Severity 3: 6 business hours Severity 4: 2 business days Step 8. Case Notifications are available for up to 4 persons. Notification of CASE All Notifications are sent via pager or email when any of the Activity following events occur on a Case: Open, Assigned, Site Arrival, Deferred or Closure. To request case notifications, please contact your Support Manager. Notification of CASE Open/Close Case Notifications are available for up to 4 persons. ActivityNotifications are sent via pager or email when any of the following events occur on a Case: Open or Closure. To request case notifications, please contact your Support Manager. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 16 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 393 Option 2 - Submit a ticket via eCase Management from Motorola On-Line Motorola On-Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case Management that allows customers to open, update, and view the status of their cases on the web. Setting Up a Motorola Solutions On-Line Account To set up a Motorola Solutions On-Line account, please visit https://businessonline.motorolasolutions.com and follow the directions on the link for ÐSign Up Now. Ð A User ID and Password are not required for setting up your account. After accessing the link above, indicate in the ÐAdditional InformationÑ field you are a Public Safety customer seeking access to eCase Management. Once you submit your request, you will receive a confirmation email indicating receipt and including additional details about the Motorola Solutions On-Line account set up. In approximately 4-5 business days an additional email will be sent which includes details about your On-Line account. Accessing the Technical Case Management web site Once you have set up your agencyÓs Motorola On-Line Account, to access the site simply log onto Motorola at businessonline.motorolasolutions.com with your user ID and password, click on the Contact Us Open Case, and select System Support Issue from the Issue Type drop-down. Primary Features of On-Line Technical Case Management Motorola customers have three main functions available through Motorola On-Line to manage their cases: A. Open new cases B. Search for existing cases and view details of the existing case C. Update existing cases by adding notes A.Open a New Case 1. Log into Motorola Solutions On-Line 2. Click on the ÐCase MgmtÑ Open Case Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 17 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 394 3. Select the Reason Code = System Support Issue (and the page will automatically reload) 4. Fill in the Case Title (description of request) and choose the applicable Site (which are listed alphabetically) 5. Choose case type Technical Support, Severity Level and Public Safety Applications System 6. Fill in a detailed description of your issue 7. Click ÐCreate CaseÑ 8. eCase Management will give immediate confirmation of case number (new case numbers are 8 digits long), Note: The confirmation screen includes Ðexpand allÑ and Ðcollapse allÑ buttons for case notes. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 18 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 395 B.Search for an Existing Case 1. Log into Motorola On-Line 2.Click on the ÐCase MgmtÑ Search Case 3. Enter the exa ct case number or enter search criteria to find a range of tickets 4. Click ÐGot ToÑ or ÐSearchÑ Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 19 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 396 C.Update an Existing Case 1. You can also add notes after submitting your case, by clicking on the ÐAdd NotesÑ button Motorola Solutions On-Line Support 1. Motorola does not recommend using this tool for opening Severity 1 or 2 cases. For any critical issues, customers should contact the System Support Center by calling 800-323-9949 and following the appropriate prompts. 2. The same guidelines would apply to updating cases with critical information. Any critical updates should be reported directly to Support at 800-323-9949. 3. When updating case notes, please provide contact information, which includes phone number, email, etc. 4. For questions on Motorola On-Line eCase Management or Support, please contact the Motorola Online Helpdesk at 800-814-0601. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 20 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 397 Requirements for effective usage: Browser: Internet Explorer 5.0 or greater Valid MOL user ID and Password Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 21 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 398 Option 3 - Submit a ticket via Email Case Management An alternative Customer Support tool is available for PSA customers. Along with the toll-free phone number and Motorola Online, customers can request technical support by email. For many customers who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating cases. To ensure proper case management and contractual response, email ticketing is only available for severity levels three and four. In order to properly process a ticket via email, the message must be formatted exactly as described below: 1. Address your email to PSACASE@motorolasolutions.com 2. Type PSA Service Request and a brief description of the system issue in the Subject line of the e-mail message. This will become the case title 3. Type Site ID = followed by the site identification number of the system location 4. Type Product Type= followed by the product family type. Choose from the following list: CAD (OR FRIENDS OF CAD, such as AWW, ATM, AVL and UDT) CSR (CUSTOMER SERVICE REQUEST) INFOTRAK, LRMS JAIL MANAGEMENT (OFFENDERTRAK) MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER) NETRMS 5. Type Contact First Name = followed by your first name or the name of the person you would like support personnel to contact 6. Type Contact Last Name = followed by your last name or the name of the person you would like support personnel to contact. 7. Type Phone Number = followed by the area code and phone number where the contact person may be reached 8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or twocases must be opened via the toll-free PSA customer support number 9. Type Problem Description = followed by a comprehensive description of the problem 10. Send the message to us. You will receive an email with your case number for future reference. If an email response is not received, or if you need to open a severity level one or two case, please contact the PSA Customer Support at 1 800-323-9949 for further assistance. SAMPLE Email Ticket Formatting: Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 22 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 399 III. Severity Levels and Case Management Motorola services and response times are based on the severity levels of the error a customer is experiencing as defined below. This method of response allows Motorola to prioritize its resources for availability on our customerÓs more severe service needs. Severity level response time defines the actions that will be taken by Motorola Support and Engineering teams. Due to the urgency involved in some service cases, Motorola will make every reasonable effort to provide a temporary or work around solution (On Demand). When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable On Demand, Cumulative Update, Supplemental, or Standard Release. SEVERITY DEFINITIONRESPONSE TIME LEVEL Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or Telephone conference when the workflow of an entire agency is not functioning. This level 1 within 1 Hour of initial is meant to represent a major issue that results in an unusable voice notification System, Subsystem, Product, or critical features. No work around or immediate solution is available. Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic Telephone conference operations is not functioning and there is usually no suitable work-within 3 Business Hours 2 around. Note that this may not be applicable to intermittent of initial voice notification problems. This level is meant to represent a moderate issue that during normal business limits a CustomerÓs normal use of the System, Subsystem, Product hours or major non-critical features. Non-Critical Failure - Non-Critical part or component failure occurs Telephone conference when a System component is not functioning, but the System is still within 6 Business Hours useable for its intended purpose, or there is a reasonable 3 of initial notification workaround. This level is meant to represent a minor issue that during normal business does not preclude use of the System, Subsystem, Product, or hours critical features. Inconvenience - An inconvenience occurs when System causes a Telephone conference minor disruption in the way tasks are performed but does not stop within 2 Standard 4 workflow. This level is meant to represent very minor issues, such Business Days of initial as cosmetic issues, documentation errors, general usage questions, notification and product or System Update requests. Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated or determined at the time the case is logged. When escalation is required, Motorola adheres to strict policy dictated by the level of problem severity. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 23 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 400 Severity Level One Escalation Once an issue is escalated to Engineering, the following table is used as an Engineering resolution guideline for standard product problems. Escalation Policy- Severity Level 1 CRITICALACTIONRESPONSIBILITY Initial service request is placed. Support Analyst begins working 0 HoursSupport Analyst on problem and verifies / determines severity level. If a resolution is not identified within this timeframe, SA escalates to the Customer Support Manager who assigns Support Analyst 2 Hours additional resources. Email notification to Director of Customer Support Manager Support and Director of System Integration. If a resolution is not identified within this timeframe, Customer Support Manager escalates to the Director of Customer Support Support Manager 4 Hoursand Director of System Integration to assign additional Director of Customer Support resources. Email notification to Vice President of System Director of Systems Integration Integration and Vice President Customer Support. Support Manager If a resolution is not identified within this timeframe, Director of Director of Customer Support 8 HoursCustomer Support escalates to Vice President of System Director of Systems Integration Integration, Vice President of Support, and Account Team.VP of System Integration VP of Customer Support If a resolution is not identified within this timeframe, Director of Senior Management Customer Support escalates to Vice President of System Support 12 HoursIntegration, Vice President of Support, and Account Team, Operations Systems Integration Senior Vice PresidentÓs of Operations, System Integration, Customer Support and Engineering.Engineering All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola technical support representative, to include notification to Motorola management 24x7. All other severity level problems logged after business hours will be dispatched the next business morning. 3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Motorola call incoming center. Motorola will notify the Customer if Motorola makes any changes in Severity Level (up or down) of any Customer-reported problem. 3.2 Motorola will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Motorola diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Motorola cannot reproduce, Motorola may enable a detail error capture/logging process to monitor the System. If Motorola is unable to correct the reported Residual Error within a reasonable time, Motorola will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Motorola, in its sole discretion, determine that such Residual Error is not present in its Release, Motorola will verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. 3.3 Error Correction Status Report. Motorola will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 24 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 401 IV. Key Responsibilities 4.1 Motorola Responsibilities 4.1.1 Support on Motorola Software. Motorola will provide any required software fixes in the form of either a ÐpatchÑ or in an On Demand, Cumulative Update, Supplemental or Standard Release. 4.1.2 Motorola Response. Motorola will provide telephone and on-site response to Central Site, defined as the CustomerÓs primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in the Covered Products, Support Options and Pricing Exhibit. . At CustomerÓs request, Motorola will provide remote installation advice or 4.1.3 Remote Installation assistance for Updates. 4.1.4 Software Release Compatibility. At CustomerÓs request, Motorola will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Motorola Software Cumulative Updates, Supplemental, or Standard Releases. 4.1.5 Customer Notifications. Motorola will provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) Hardware and Firmware Updates, as released and if applicable. 4.1.6 On-Site Software Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Motorola facilities. Motorola will decide whether on-site correction of any Residual Error is required and will take appropriate action. 4.1.7 On-site Product Technical Support Services. Motorola will furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. Customer will provide on-site hardware service or is responsible for purchasing on-going maintenance for Third Party on-site hardware support. 4.1.8 Principle Period of Maintenance. At CustomerÓs request, Motorola will provide continuous effort to repair a reported problem beyond the PPM per the customer selected service level, provided Customer gives Motorola access to the Equipment before the end of the PPM, Motorola will extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional support will be invoiced on a time and material basis at Motorola then current rates for Professional Services. 4.1.9 Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to NCIC and state interfaces are not part of the covered Services. Federal and State mandated changes for IBR and UCR are included in MotorolaÓs standard maintenance offering. 4.1.10 Anti-virus Software. At CustomerÓs request, Motorola will make every reasonable effort to test and verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of CustomerÓs application. Motorola will respond to any reported problem as an escalated support call. 4.1.11 Account Reviews. Upon request, Motorola will provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 4.1.12 Reports. Service history reports and notifications are available from the Motorola call tracking system. If you are interested in obtaining access to service history reports and ticketing notifications, inquire with your Technical Support Representative. . MotorolaÓs Maintenance Contracts Business manages 4.1.13 Maintenance Contract Administration the maintenance agreement following the warranty term that may be included in the purchase of a Motorola system. Approximately four months prior to the expiration of the warranty period, a Motorola Customer Support Manager will contact you to discuss the options available for your specific site. The terms of the agreement can be customized to your agencyÓs budgetary requirements and cycle. Motorola offers various levels of support to meet an agencyÓs requirements, for example: Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 25 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 402 Telephone, VPN support for software fixes Varying hours of coverage Third party vendor services On-site services Users Conference Professional Services 4.2 Customer Responsibilities 4.2.1 Initiate Service Request Cases. Contact Motorola through authorized tools and processes outlined in the Motorola Maintenance and Support Agreement Customer Support Plan Exhibit to initiate technical support request case. . Assist in assessing the correct severity level per the severity level 4.2.2 Assess Severity Level definitions found in the Customer Support Plan Exhibit. 4.2.3 Escalate Appropriately. Contact Motorola to add information or make changes to existing technical support cases, or escalate service requests to Motorola management. Motorola Services management contact information provided in the Customer Support Plan Exhibit . 4.2.4 Support on Hardware. Customer will provide all on-site hardware service or is responsible for rd purchasing on-going maintenance for 3 party on-site hardware support. Third party support on some system components may be available through Motorola Maintenance and Support Agreement. Customer will contact the appropriate vendor directly for parts and hardware service if not purchased through the Motorola Maintenance and Support Agreement. 4.2.5 VPN connectivity. Provide VPN connectivity and telephone access to Motorola personnel. 4.2.6 Anti-virus software. Run installed anti-virus software. 4.2.7 Operating System (ÐOSÑ) Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to the System, except HP OS upgrades. Before installing OS upgrades, Customer will contact Motorola to verify that a given OS upgrade is appropriate. 4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing your system errors, Motorola has created the Trouble Report Form (page 21). Completion of this form by the customer is voluntary. The Trouble Report form helps Motorola Technical Support reduce errors by increasing the understanding of the problem description definition. It may also improve repair time by understanding the probability of repeat errors. Additionally, should escalation to Motorola Engineering team be required, information gathered on this form will aid by potentially avoiding the wait associated with error reoccurrence. Information customers provide on the Trouble Report form will assist Motorola Support team in expediting and troubleshooting the issue. Your assistance in providing the information is appreciated. Once you complete the form, please e-mail or fax this form to the Technical Support Representative assigned to work on the issue reported. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 26 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 403 Trouble Report Form Agency Name:Motorola Case Number: Contact Name:E-mail Address: Contact Phone:Contact Fax: Severity Level:CAD Correction#: Subject: Product/Version: Problem Please ensure that the description provided is as detailed as possible. Including accurate details, helps Motorola to resolve the issue promptly and successfully. Please be sensitive to the use of verbiage that is specific to your agency or Description: area of the country. Full understanding of the facts on a reported issue increases Motorola probability of locating a root cause and achieving a timely resolution. Steps to Duplicate: Motorola understands that duplication is not always easy. However, if you are able to duplicate the issue, providing us with the detailed keystrokes will greatly improve our ability to correct the issue in question. When unable to duplicate the issue on demand, providing us with detailed steps that preceded the issue reported will greatly help. Step One: Step Two: Step Three: Step Four: Step Five: Step Six: Step Seven: Additional Steps: Expected Results: Actual Results: Configuration Checked: Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 27 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 404 Exhibit C to MSA Labor Rates MAINTENANCE AND SUPPORT AGREEMENT CUSTOMER:TERM City of Chula Vista, CA : Ten (10) Years The following are MotorolaÓs current labor rates, subject to an annual change. The following rates apply to Customers with a current, active Maintenance and Support Agreement. Billable rates apply to services provided outside of the scope of the Maintenance and Support Agreement and outside the selected Service Level PPM: SERVICE HOURSLABOR RATES 8 a.m.-5 p.m. M-F (local time)$223 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Holidays$334 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement and apply to services available on a Time and Material basis: SERVICE HOURSLABOR RATES 8 a.m.-5 p.m. M-F (local time)$446 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Holidays$668 per hour, 2 hours minimum Above rates reflect labor rate only. Additional fees for on-site travel expenses, third party expenses and /or materials will be quoted at the time of customer request for services. Motorola Solutions, Inc. Applications and Data Solutions Public Safety Applications 29 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Version 11-30-15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 405 Exhibit D to MSA PROFESSIONAL UPGRADE SERVICES STATEMENT OF WORK MAINTENANCE AND SUPPORT AGREEMENT CUSTOMER:TERM City of Chula Vista, CA : Ten (10) Years A. General Information This document describes the scope of work involved in providing enhanced Lifecycle services throughout the duration of the maintenance and support period. The Lifecycle services are provided in accordance with the terms and conditions of the Motorola Solutions Inc. Maintenance and Support Agreement and are hereby referred to as “Lifecycle Services”. Nothing in this Statement of Work is meant to supersede, replace or amend the terms and conditions stated in the Motorola Solutions Inc. Maintenance and Support agreement. B. Scope of Service Upgrade Services Upgrade Services are a component of Lifecycle Services and are defined in scope as the labor services required to execute on the planning, delivering, testing and training of Motorola Software Releases to the Customer when and if Standard Releases and/or Product Releases of software become available for those solutions components identified in Exhibit ADescription of Covered Products contained within the Motorola Solutions, Inc. Maintenance and Support Agreement. The Hardware Equipment Refresh Services are also included in Lifecycle Services and provide for Motorola procurement and installation of hardware components during the 10 Year term of the Maintenance and Support term. The new hardware will be substantially consistent with the hardware included in the original bill of materials to include server hardware and operating system and database software, network access components and storage hardware and software. The final list of components to be replaced will be reviewed between Motorola and the Customer. The hardware refresh will coincide with the installation of a Standard Release and/or Product Release of software within the 10 Year term after commencement of the Maintenance and Support Agreement. At the time of proposal, Motorola has identified the covered software products as follows: PremierOne Suite inclusive of: PremierOne CAD/Mobile o PremierOne Jail o C. Upgrade Timing and Delivery Overview Per the terms of this Agreement, when and if a Standard Release and/or Product Release version becomes available, Motorola will perform services described in this Statement of Work for up to five (5) software upgrades, not to exceed a total of five (5) software upgrades during the ten (10) year agreement. Motorola will perform the hardware refresh services described in this Statement of Work up to one (1) hardware upgrade service, not to exceed a total of one (1) hardware upgrade during the ten (10) year agreement. Motorola Solutions, Inc. PSA M&SA Exhibit1Version 11-7-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 406 For software upgrades except for the one that coincide with the hardware refresh, existing hardware and the existing PremierOne interfaces will be re-utilized with the upgraded PremierOne System software. All upgrade activities will be coordinated and scheduled to occur at times that are mutually agreeable to the Customer and Motorola. Scheduling of upgrade events will be completed at a minimum of 30 business days prior to the commencement of upgrade activities. Upgrade service activities will require components of the PremierOne system be down and unavailable for production use for up to 4-6 hours while upgrade activities are performed. The PremierOne CAD/Mobile and Jail subsystems will not exceed 12 consecutive hours of operational downtime. During this time period, the communication center and booking facility will need to be prepared to operate in a manual mode. Motorola is providing no consultation or preparation on the “manual” mode operation during upgrade activities. Customer will act as liaison with all user agencies and other outside agencies and/or organizations, if/as necessary. D. Upgrade Kickoff Teleconference In order to finalize the upgrade project schedule and procedures, the upgrade event will be initiated with an Upgrade Kickoff Teleconference that includes key Customer and Motorola project participants. The objectives of this task are: To introduce all project participants Review roles of key participants Review overall upgrade scope and objectives Review resource and scheduling requirements Review testing methodology Review and finalize project schedule with Customer. For the hardware refresh, conduct an assessment of the current system and create a draft refresh plan to include covered equipment, equipment requiring replacement, timing, preparedness activities, exclusions and inclusions. Deliver, deliver, review and finalize the hardware refresh plan. Create testing plan to test PremierOne upgrades on staging environment. Review testing plan and acceptance criteria. Review features/functions introduced in the new software release version Motorola Responsibilities Motorola’s Project Manager will direct Motorola’s efforts and serve as the primary point of contact for the Customer. The responsibilities of the Motorola Project Manager include: 1.Maintain project communications with the Customer’s Project Manager. 2.Manage the efforts of Motorola project team and coordinate Motorola activities with the Customer’s project team members. 3.Coordinate and oversee the installation of all licensed Motorola application software. 4.Review and manage the scope of work for the upgrade activities. 5.Review the upgrade acceptance criteria. Motorola Solutions, Inc. PSA M&SA 2Version 11-7-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 407 Customer Responsibilities Customer will designate a Project Manager who will direct Customer’s efforts and serve as the primary point of contact for the Motorola Project Manager. The responsibilities of the Customer Project Manager include: 1.Maintain project communications with the Motorola Project Manager. 2.Identify the efforts required of Customer staff and assign appropriate resources to meet the Customer’s task requirements described in this Statement of Work. 3.Act as liaison and coordinate with other Customer agencies, other governmental agencies and the Customer’s vendors, contractors and common carriers, as applicable 4.Review and mutually approve upgrade acceptance criteria Completion Criteria This task is considered complete upon conclusion of the Upgrade Kickoff Teleconference. E. Upgrade Preparation The objective of this task is to perform the preparatory steps necessary for the PremierOne upgrade. Motorola Responsibilities 1.Perform scheduling and coordination tasks necessary to obtain required resources that will perform the upgrade of the PremierOne server software. 2.Confirm resource availability with Customer and reconfirm task dates. 3.For the hardware refresh, place the equipment order and ship to Motorola’s staging facility (CCSI) 4.For the hardware refresh, install the system and application software at CCSI and ship to customer’s facility. Customer Responsibilities 1.Perform backup of PremierOne system software and data files. 2.Provide Motorola with a copy of the backed up software and data files. 3.For the hardware refresh, receive and store the staged system equipment. Completion Criteria This task is considered complete when Customer has the completed the onsite date backup and, for the hardware refresh, when hardware has been delivered to customer’s facility. F. Staging Environment (Software Upgrade Services) The objective of this series of task is to install the upgrade software on a staged system environment and validate release functionality. For the hardware refresh, the staged system equipment will be installed in the customer’s environment. Motorola Responsibilities 1.Remotely create a staging environment on Customer’s PremierOne server(s) to conduct and initial installation of the release software. 2.Travel to Customer site to perform upgrade tasks. Motorola Solutions, Inc. PSA M&SA 3Version 11-7-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 408 3.Install the version of software on the staging environment. 4.Verify PremierOne functionality in accordance with Software Release criteria. 5.Notify Customer of availability of the staging environment enabling Customer to perform Customer specific testing activities. Customer Responsibilities 1.Observe testing on staging environment and acknowledge the delivery of the functionality introduced in the release. 2.Conduct testing on staging environment and notify Motorola of any functional errors or anomalies. Completion Criteria This task is considered complete when the staging environment is available for Customer testing. G. Staging Environment (Hardware Refresh) The objective of this series of tasks is to install the new system equipment in the customer’s environment and validate release functionality. Motorola Responsibilities 1.Install the system hardware at the customer’s site. 2.Configure network and interface connectivity. 3.Restore system information from existing system to new system. 4.Verify PremierOne functionality in accordance with Software Release criteria. 5.Notify Customer of availability of the staging environment enabling Customer to perform Customer specific testing activities. Customer Responsibilities 1.Observe functional verification of upgraded software on the new equipment and acknowledge the delivery of the functionality introduced in the release. 2.Conduct testing on staging environment and notify Motorola of any functional errors or anomalies. Completion Criteria This task is considered complete when the staging environment is available for Customer testing. H. On-Site Upgrade Implementation The objective of this task is to conduct on-site activities required to complete the migration of production operations to the upgraded PremierOne system. Motorola Responsibilities 1.Travel to Customer site to perform upgrade tasks. 2.Bring down the existing production system, as necessary. 3.Reconfigure the data volumes on each of the existing-HP Blade Server, as needed. 4.Convert PremierOne CAD system files and or provisioning data files as required. Motorola Solutions, Inc. PSA M&SA 4Version 11-7-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 409 5.Establish (for hardware refresh) and test each interface connection to ensure operational use of each interface with the newly installed Software Release version. 6.Modify those interfaces affected by the installation of the Software Release version and modify each as needed to provided same functionality as was provided prior to the installation of the Standard Release and/or Product Release. 7.Test system and subsystem interfaces to validate operation in accordance with the originally installed interface requirement document. 8.Assist in Customer testing as requested by Customer and verify that each PremierOne subsystem component is ready to resume production operations. 9.Install the applicable PremierOne subsystem client application upgrades on up to ten (10) client workstations. 10.Train Customer on client upgrade process. 11.Train Customer’s users on new or changed features and functions introduced through the Software Release of PremierOne. Customer Responsibilities 1.With Motorola’s assistance, coordinate the activities necessary to bring the production Premier One system down, i.e. close incidents, sign units and users off duty. 2.Support Motorola’s software upgrade installation activities. 3.Provide and make available (during business hours, 8:00am to 5:00pm) the appropriate lines for the testing of interfaces, to include 911, WWVB, Toning, etc. 4.Verify that the system is ready to resume production operations. 5.Install the PremierOne subsystem client on workstations beyond those upgraded by Motorola. Completion Criteria This task is considered complete when each PremierOne subsystem component upgrade is verified by the Customer to be available to resume production operation. I. PremierOne Production Cutover Upon verification that the upgraded PremierOne system is operational and ready to resume production use, Motorola will assist the Customer with resuming operations on the upgraded system. Motorola Responsibilities 1.Assist the Customer staff in resuming production operations on the upgraded system. 2.Provide up to eight hours of on-site support the day each upgraded subsystem component has resumed production use. Customer Responsibilities 1.Schedule personnel to support the resumption of production use on the upgraded system. Completion Criteria This task is considered complete upon Customer resuming production operation of each PremierOne subsystem component. Motorola Solutions, Inc. PSA M&SA 5Version 11-7-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 410 J. Disposal of Replaced Hardware (Hardware Refresh) The Customer is responsible for disposing of the original system hardware once operations have commenced on the upgraded system hardware. K. PremierOne Upgrade Acceptance The objective of this task is to certify completion of the PremierOne subsystem upgrade. Completion Criteria This task is considered complete upon Customer resuming production use of each affected PremierOne subsystem component. Motorola Solutions, Inc. PSA M&SA 6Version 11-7-14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 411 Exhibit E SYSTEM ACCEPTANCE CERTIFICATE Public Safety Applications Customer Name: ______________________________________________________ Project Name: ________________________________________________________ This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed, and all System or product documentation promised under the Agreement has been provided. 2. The System is accepted, except for any items listed on a punch list. The Parties will promptly complete their respective punch list responsibilities according to a mutually agreed schedule. Customer Representative: Motorola Representative: Signature: _________________________ Signature: _______________________ Print Name: ________________________ Print Name: ______________________ Title: _____________________________ Title: ____________________________ Date: _____________________________ Date: ___________________________ FINAL SYSTEM ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final System Acceptance. Customer Representative: Motorola Representative: Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ 24 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 412 Exhibit F Three Party Master Depositor Escrow Service Agreement The Three Party Master Depositor Escrow Service Agreement is not applicable. 25 PSA System Agreement Set 8-18-11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 413 Motorola Solutions, Inc. Date: June 6, 2016 Financing proposal for:City of Chula Vista, CA Communications System Financing Proposal Motorola Solutions Credit Company LLC is pleased to submit the following proposal for the financing of your Motorola Communications P-25 solution in accordance with the terms and conditions outlined below: Transaction Type: Municipal Lease-Purchase Agreement Lessor: Motorola Solutions, Inc. (or its Assignee) Lessee:City of Chula Vista, CA Amount: $1,435,270.00 Down Payment:$0.00 Balance to Finance: $1,435,270.00 Equipment: As per the Motorola equipment proposal. Title: Title to the equipment will vest with the Lessee. Insurance: Lessee will be responsible to insure the equipment as outlined in the lease contract. Taxes:Personal property, sales, leasing, use, stamp, or other taxes are for the account of the Lessee. Option One Lease Term: Ten Years Payment Frequency: Annual Payment Structure: Arrears Lease Rate: 3.23% Lease Factor: 0.118611 Lease Payment: $170,238.33 Payment Commencement:First payment due one year after contract execution. Expiration: This interest rate methodology is valid for all leases commenced by 6/30/2016 Indexing arrangement –Non bank qualified structure10 year terms The Lease Paymentsshall be calculated using a rate of interest (“Lease Rate”) that is initial indexed to thetenyear (10)average life Interest Rate Swap(the “Index Rate”) as reported on th Federal Reserve Statistical ReleaseH.15 Report. The average life Interest Rate Swap correspond to the respective lease term. The H.15 Report can be accessed at the Federal Reserve Bank we site: www.federalreserve.gov/releases/h15/. On the Commitment Date, the final Lease Rate will b calculated by taking the Index Rate for that date from the H.15 Report, plus a spread of 3.64% an multiplying the sum of those two numbers by .64 to calculate the Lease Ratefor the 10year term The rates arethen fixed for the full term of the Lease. The following H.15 average life Index Rates were in place at the approximate time this quote wa issued: 10year:1.41% Qualifications: Receipt of a properly executed documentation package. Lessee qualifies as a political subdivision or agency of the State as defined in the Internal Revenue Code of 1986. The interest portion of the Lease Payments shall be excludable from the Lessor's gross income pursuant to Section 103 of the Internal Revenue Code. Receipt of a copy of the last years audited financial statements and current year's budget from the Lessee. This proposal should not be construed as a commitment to finance. It is subject to final Motorola credit committee approval. This quote is based on the general level of interest rates, primarily U.S. Treasury Bills of like term maturity. Any movement in those rates in excess of 10 basis points will result in the revision of this quote. Documentation: Municipal Equipment Lease Purchase Agreement Opinion of Counsel Schedule A / Equipment List Schedule B / Amortization Schedule 8038G UCC-1 Certificate of Incumbency Statement of Essential Use/Source of Funds Evidence of Insurance or Statement of Self Insurance Resolution from governing body authorizing the execution of the Lease Please feel free to contact me if there are any questions or if an alternate structuring is required. Regards, Bill Stancik Motorola Customer Financing 847-538-4531 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 414 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENTANDAPPROVING THE EQUIPMENT AND SOFTWARE LEASE CONTRACT WITH MOTOROLA SOLUTIONS, INC. FOR THE PREMIERONE COMPUTER AIDED DISPATCH ANDMOBILE, WITH PREMIERONE JAIL HARDWARE, SOFTWARE AND SERVICES SOLUTION WHEREAS, the Police Department’s current Computer Aided Dispatch (CAD) system is over eighteen years oldandno longer meets the Department’s technological and operational needs; and WHEREAS, replacement of the current CAD system has been identified as a critical infrastructure need of the Police Department; and WHEREAS, the PoliceDepartment and ITS Department haveconducted extensive research toward the replacement ofthe current Police Department CAD system; and WHEREAS, the Police Department CAD project team surveyed six different vendors and dedicated more than 464 hours of staff time researching the best CAD, Mobile and Jail system to meet the needs of the Police Department forthe next decade; and WHEREAS, the CAD project team and Police Department staff recommend the MotorolaSolutions, Inc.PremierOne software suite after having conductedan extensive informal proposal process that determined that the MotorolaSolutions, Inc.PremierOne Suite of software products, including CAD, Mobile and Jail solutions,represents the best balance ofprice,advanced technology and leading support designed to enhance Police Department Operations; and WHEREAS, Police Department staff negotiated a $902,618 total system and maintenancediscount combined with a ten (10) year lease contract at a competitive rate, thereby enabling the Department to implement the new program immediately with no impact to the FY 16/17 General Fund; and WHEREAS, thePolice and ITS Departments are seeking approval to enter into an equipment and software lease contract forthe integrated CAD system with support services through Motorola Solutions Inc.; and WHEREAS, to minimize the annual fiscal impact, the Police Department will enter into a ten (10) yearequipment and software lease contract with MotorolaSolutions, Inc.; and ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 415 Page 2, Item: Meeting Date:6/14/16 WHEREAS, the Police Department negotiated ten years of standard maintenance and lifecycle maintenance at competitiveand fixedrates to maintain a state-of-the-art system for the term of the contract; and WHEREAS, the City Council finds,pursuant to Chula Vista Municipal Code section 2.56.070.B.3, that competitive bidding is not required for this equipment and software lease contract with MotorolaSolutions Inc., because competitive bidding in this unique context is impractical, and the City’s best interests are materially better served by the Police Department’s careful and exhaustive review of similar systems offered by several vendors tofind the best fit for its needs and budget, consistent with due diligence and good purchasing practices. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista waivesthe competitive formal bidrequirement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the equipment and software lease contract with Motorola Solutions, Inc. for the PremierOne Computer Aided Dispatch and Mobile, with PremierOne Jail hardware, software and services solution,in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by:Approved as to form by: ____________________________________________ David BejaranoGlen R. Googins Police ChiefCity Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 416 City of Chula Vista Staff Report File#:16-0287, Item#: 9 RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTING$77,387 FROMTHEDEPARTMENTOFALCOHOLICBEVERAGECONTROLANDAMENDINGTHE FISCALYEAR2016/2017ADOPTEDBUDGETBYAPPROPRIATINGSAIDFUNDSTOTHE POLICE GRANT FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY ThePoliceDepartmenthasrecentlyreceivednoticeofagrantawardintheamountof$77,387from theDepartmentofAlcoholicBeverageControl(ABC).Thegrantfundswillbeusedduringa12 monthperiodtoconductABCenforcementstrategiestargetingproblemABClocationsthatgenerate excessivecallsforservice,permitnarcoticsactivityonthepremises,allowminorsaccesstoalcohol, and continually violate the conditions of their ABC license. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION ThePoliceDepartmenthasbeenawarded$77,387fromtheDepartmentofAlcoholicBeverage Control(ABC).This12monthproject,coveringtheperiodofJuly1,2016toJune30,2017,will proactivelytargetproblemABClocationsthatgenerateexcessivecallsforservicedrainingpatrol resources,permitnarcoticsactivityonthepremises,allowminorsaccesstoalcohol,andcontinually violatetheconditionsoftheirABClicense.ThePoliceDepartmentSpecialInvestigationsUnitwill conductABCenforcementstrategiesandprovidetrainingandresourcesforofficersaswellasABC licensees.TheobjectiveofthisprojectistoproactivelytargetABCproblemlocationsbasedon City of Chula VistaPage 1 of 2Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 417 File#:16-0287, Item#: 9 intelligencegatheredbysurveillance,departmentdatasources,andthecommunity.Operationswill takeplaceusingexistingstaff.Thegrantorhasauthorizedtheuseofovertimetocomplywiththe grant requirements. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequentlythe500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1)isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheABCgrantfunds supportthegoalofStrongandSecureNeighborhoodsbytargetingproblematicalcohol establishments. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillresultintheamendmentofthefiscalyear2016/2017adoptedbudget byappropriating$71,437tothepersonnelcategoryand$5,950tothesuppliesandservicescategory ofthePoliceGrantFund.ThefundingfromtheDepartmentofAlcoholicBeverageControlwill completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT This is a one-year grant and approval of this resolution will not have an ongoing fiscal impact. ATTACHMENTS None. Staff Contact:Joseph Walker City of Chula VistaPage 2 of 2Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 418 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $77,387FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND AMENDING THE FISCAL YEAR 2016/2017 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND WHEREAS, the Police Department has recently received notice of grant funding in the amount of $77,387from the Department of Alcoholic Beverage Control(ABC); and WHEREAS, the goal of this grant is to reduce the availability of alcohol to minors and reduce alcohol-related crime through multiple enforcement, educational and prevention programs conducted by ABC Agents and local law enforcement officers; and WHEREAS, throughout the one-yeargrant period of July 1, 2016 to June30, 2017, Minor Decoy and Shoulder Tap Decoy operations, and Informed Merchants Preventing Alcohol-Related Crime Tendency (IMPACT) inspectionswill be conducted on an overtime basis; and WHEREAS, funds provided by this grant will also be used for ABC training;and WHEREAS, thegrant funds provided by the ABCwill completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista that it accepts$77,387from the Department of Alcoholic Beverage Control. BE IT FUTHER RESOLVED by the City Council of the City of Chula Vista, that it amendsthe fiscal year 2016/2017 adopted budget by appropriating$71,437to personnel services and $5,950to the supplies and services category of the Police Grant Fund. Presented by:Approved as to form by: ____________________________________________ David BejaranoGlen R. Googins Police ChiefCity Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 419 City of Chula Vista Staff Report File#:16-0272, Item#: 10 RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHECITY MANAGER,ORDESIGNEE,TOPURCHASEVARIOUSCOMPUTEREQUIPMENTFROMDELL, INC.UTILIZINGNASPOVALUEPOINTCONTRACT;AUTHORIZINGTHECITYMANAGER,OR DESIGNEE,TOENTERINTOLEASEAGREEMENTSWITHDELLFINANCIALSERVICESTO LEASECOMPUTERWORKSTATIONS;ANDAPPROVINGATRANSFEROF$40,000FROMTHE FISCALYEAR2015/2016INFORMATIONTECHNOLOGYSERVICESCAPITALBUDGETTOTHE FISCALYEAR2015/2016INFORMATIONANDTECHNOLOGYSERVICESSUPPLIESAND SERVICES BUDGET (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY ThisactionauthorizestheCityManager,ordesignee,toenterintoleaseagreementswithDell FinancialServicesfortheCity’sDesktopComputerReplacementProgram.Itwillalsoauthorizethe CityManager,ordesignee,topurchasefutureDell,Inc.productsutilizingtheNaspoValuepoint contract#B27160whichisacompetitivelybidcontract.Additionally,thisactionwillalsoauthorizea budgettransferof$40,000fromtheInformationTechnologyServicesFY2015-16Capitalbudgetto the FY 2015-16 Supplies and Services budget. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Computer Equipment Purchases City of Chula VistaPage 1 of 5Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 420 File#:16-0272, Item#: 10 CityITSstaffiscurrentlymovingforwardwithamodernizationprojecttoreplaceagingcomputers andservers.Aspartofthisproject,staffisseekingtostandardizethemanufacturerofthecomputers (bothdesktopsandservers)inordertoprovidemuchquickerresolutiontoissues.Currently,there areanumberofdesktopandservercomputermanufacturersprovidingservicesthroughouttheCity. HavingasinglesourceproviderwouldassistinhavingclarityforITSstafftoconsultwithin troubleshootingissuesandtestingofnewsoftwareonthemixofdesktop/serverhardwarethatisin service today. StaffisrecommendingthattheCityutilizeacompetitivelybidcontractviatheNASPOValuePoint (NASPO)contractingalliance(formerlytheWesternStatesContractingAlliance-WSCA).NASPO ValuePointisacooperativepurchasingprogramwhichfacilitatespublicprocurementsolicitationsand agreementusingaleadstatemodel.Theyareanon-profitorganizationdedicatedtoprovidingState ChiefProcurementOfficerswiththesupportandprocurementresourcestheyneed.EveryNASPO ValuePointcontractistheresultofaformalcompetitivesolicitationconductedbytrained, professionalprocurementofficialsofaleadstate’scentralprocurementofficeunderdirectionofa leadstate’sStateProcurementOfficialinaccordancewiththatstate’sprocurementstatutes, regulations,andpolicies.Section2.56.140oftheCity’sMunicipalCodeallowstheCity,toutilizethis competitivelybidcontracttopurchasecomputerequipment,providedthatthepurchasingagent determinesthecompetitivebidprocessutilizedwasconsistentwithgoodpurchasingpractices.The purchasingagenthasmadethatdeterminationfortheNASPOValuePointcooperativepurchasing program. StaffhasselectedDellComputersasthevendorofchoiceforthemodernizationproject.Dellhasan excellentreputationwithinthetechnologyindustryandhasprovidedtheCitywithexemplary customerserviceovertheyears.Dellhasalsobeenthelowbidonamajorityofourquotes.Staffhas almostexclusivelybeenpurchasingDellservers,printers,networkequipmentandmostrecently desktopcomputers.Standardizingthefleetsoverthenextfewyearswillprovideonepointofcontact withavendorforservice,aswellasallowingmuchmoreflexibilityinsharinghardwarethroughout our system. Desktop Computer Replacement Program TheITSDepartmentismovingforwardwiththecomputerreplacementprogram.Resolution15-0183 previouslyauthorizedtheCityManagertoenterintoaleaseagreementwithDellFinancialServices tolease200computers.All200computershavebeendeployedwhicheliminatedalloftheWindows XP machines which posed a serious network security threat to the City. ThenextstepintheDesktopComputerReplacementProgramistostartreplacingoldPCswhich haveunacceptablespecificationsgiventhemoderncomputingenvironment.Staff’sgoalistoreplace manyoftheoldPCsthatwerepurchasedduringtheeconomicdownturnperiodasquicklyas possible.ThesePCswerepurchasedfromavendorwhichwassellingPCsthathadcomeoffalease withanothercompany.ThesePCswerealreadyfouryearsoldwhentheywerepurchased.Staffis seekingapprovaltoenterintoadditionalleaseagreementswithDellFinancialServicestocontinue providing desktop PCs. The plan is to replace at least 200 PCs per year, over four years. The City of Chula VistaPage 2 of 5Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 421 File#:16-0272, Item#: 10 table below details the deployment plan. Attheendofthefouryearreplacementcycle,staffwilldeterminewhethertocontinuewitha replacementprogram,orimplementothertechnologysolutionssuchasvirtualizeddesktops,which would likely extend the lifecycle of the new PCs. StaffisseekingapprovaltoauthorizetheCityManager,ordesignee,tosignleaseagreementseach fiscal year through FY 2018 with Dell for the Desktop Computer Replacement Program. ForFY2016,wewillalsobeincludinganadditional50PCstoreplacingagingcomputersinthe LibrarythatareusedbyLibrarypatrons.Thesewillbehandledunderaseparateleaseagreement. These will be funded from the Public, Education and Government (PEG) Fund. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityofChulaVistaCityCouncil Member,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterestinthis matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisitemeither directlyorindirectlyimpactseachofthefivemajorStrategicgoalsbyprovidingproperlyequipped computers for employees to carry out their work product for projects which impact each goal. CURRENT YEAR FISCAL IMPACT ThereisnoimpacttotheGeneralFundinFY2016asfundsforthenextroundofleaseswere alreadyappropriated.The50PCsfortheLibrarywillbefundedfromthePublicEducationand Government Fund (PEG). There are no additional appropriations needed. ONGOING FISCAL IMPACT Staffisunabletodeterminethefullfuturetotalcostsofprocuringcomputerequipmentviathe NASPOValuePointcontractwithDell.Thecostsforthedesktopcomputerleaseprogramare City of Chula VistaPage 3 of 5Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 422 File#:16-0272, Item#: 10 detailedbelow,howeverstaffisseekingauthorizationtopurchaseadditionalcomputerequipment shouldtheneedariseoffacompetitivelybidcontractwhichwouldmitigatetheneedtoconducttime consumingadditionalquotesforpricing.Additionally,therewouldbenoadvantagetoseekadditional quotesasthepricingreflectedintheNASPOValuePointcontractislowerthananyDellretailercould provide. This pricing is direct from the manufacturer. FundsforFY2017areincludedintheFY2017adoptedbudget.Fundshavenotbeenidentifiedfor theremainingDesktopComputerReplacementProgramandwillhavetobeconsideredaspartofthe annual budgetary process. Staffestimatesdetailingthecostsofthefullleaseprogramarenotedbelow.Thereductionincostin Rounds2through4arearesultofpricingreductionsduetonothavingtopurchaseMicrosoft operatingsystemandOfficelicensing(thoseareincludedinourMicrosoftEnterpriseAgreement)and a reduction in the number of new monitors ordered. FundingfortheLibraryPatroncomputerswillbefromthePublicEducationandGovernmentFund. Sufficientfundsexistandwillbeincludedinsubsequentbudgetyears.ThereisnoGeneralFund impact. ATTACHMENTS 1)Resolution 2)Dell Lease Terms - 200 PC’s and 100 Monitors 3)Dell Lease Terms - 50 PC’s and 50 Monitors 4)Dell Master Purchase Agreement 5)Dell California Addendum City of Chula VistaPage 4 of 5Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 423 File#:16-0272, Item#: 10 Staff Contact: Edward Chew, Director of Information Technology Services City of Chula VistaPage 5 of 5Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 424 COUNCIL RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO PURCHASE VARIOUS COMPUTER EQUIPMENT FROM DELL, INC. UTILIZING NASPO VALUEPOINT CONTRACT; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER INTO LEASE AGREEMENTS WITH DELL FINANCIAL SERVICES TO LEASE COMPUTER WORKSTATIONS; AND APPROVING A TRANSFER OF $40,000 FROM THE FISCAL YEAR 2015/2016 INFORMATION TECHNOLOGY SERVICES CAPITAL BUDGET TO THE FISCAL YEAR2015/2016 INFORMATION AND TECHNOLOGY SERVICES SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) WHEREAS,theCity desires to continue with the Desktop PC Replacement Programin order to modernize the desktop computer fleet; and WHEREAS, the City also desires to standardize the computer equipment purchased in order to provide a more efficient deployment strategy and streamline the troubleshooting process; and WHEREAS, a national purchasing cooperative named NASPO Valuepoint provides contracts with vendors which have been through a full bid process and which contracts arethe result of a formal competitive solicitation conducted by trained, professional procurement officials of a lead state’s central procurement office under direction of a lead state’s State Procurement Official in accordance with that state’s procurement statutes, regulations, and policies; and WHEREAS, the City desires to purchase various computer equipment from Dell, Inc., utilizing the NASPO Valuepoint Contract No. MNWNC-108; and WHEREAS, Section 2.56.140 of the City’s Municipal Code allows the City to utilize this competitively bid contract to purchase computer equipment, provided that the purchasing agent determines the competitive bid process utilized was consistent with good purchasing practices, and the purchasing agent has made that determination for the NASPO ValuePoint cooperative purchasing program; and WHEREAS, the City wishes to enter into a lease agreement with Dell Financial Services for 200 desktop computers with monitors, paid overa four year periodin the amounts set forth below: ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 425 Resolution No. _________ Page 2 Desktop Computer Replacement Program FY2015FY2016FY2017FY2018FY2019FY2020FY2021 Round 1 Lease A44444444A44444444A44444444A444444 Round 2 Lease 44A44444444A44444444A44444444A444444 Round 3 Lease 44A44444444A44444444A44444444A444444 Round 4 Lease 44A44444444A444444444444444A444444 TOTAL COST$60,000$100,000$140,000$180,000$120,000$ 80,000$40,000 Library Patron Computer Replacement FY2016FY2017FY2018FY2019 Round 1 Lease 4A4444444A4444444A4444444A444444 TOTAL COST $ 10,500$ 10,500$ 10,500$ 10,500 PEG FUND OFFSET A44444444A44444444A44444444A44444444 NET GEN FUND COST $0.00$0.00$0.00$0.00 WHEREAS, the City wishes to transfer $40,000from the FY 2016Information Technology Services (ITS) Capital budget to the FY 2016ITS Supplies and Services budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: authorizesand directs the City Manager, or designee, to purchase various computer equipment from Dell, Inc. utilizing NASPO ValuePoint contractNo. MNWNC-108, in the form presented, with such minor modifications as the City Attorney may require or approve, a copy of which is on file in the office of the City Clerk; authorizes and directs the City Manager, or designee, to enter into lease agreements with Dell Financial Services to lease computer workstations, for the amounts, and in the form presented, with such minor modifications as the City Attorney may require or approve, a copy of which is on file in the office of the City Clerk; and approvesa transfer of $40,000from the FY 2015-16 Information and Technology Services Capital budget to the FY 2015-16 Information and Technology Services Supplies and Services budget. Presented byApproved as to form by Edward ChewGlen R. 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SUMMARY ThePoliceDepartmenthasrecentlyreceivednoticeofthe2016EdwardByrneMemorialJustice AssistanceGrantawardintheamountof$47,700fromtheBureauofJusticeAssistance.These fundswereallocatedtothePoliceDepartmentbasedoncitypopulationandPart1violentcrime statistics. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Proposedtostreamlinejusticefundingandgrantadministration,theEdwardByrneMemorialJustice AssistanceGrant(JAG)Programallowsstates,tribes,andlocalgovernmentstosupportabroad rangeofactivitiestopreventandcontrolcrimebasedontheirlocalneedsandconditions.Federal fundsfromtheEdwardByrneMemorialJAGProgrammustbeusedtosupplementexistingfundsfor programactivitiesandcannotreplace,orsupplant,nonfederalfundsthathavebeenappropriatedfor thesamepurpose.Theunitoflocalgovernmentmustprovideanassurancethattheapplicationor City of Chula VistaPage 1 of 3Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 499 File#:16-0286, Item#: 11 anyfutureamendmentwasmadepublicandanopportunitytocommentwasprovidedtocitizensand theneighborhoodorcommunityorganizationstotheextentofapplicablelaw.Localmatchisnot required with the JAG Program. ThePoliceDepartmentreceivednoticeonMay16,2016,ofanEdwardByrneMemorialJAGaward intheamountof$47,700fromtheBureauofJusticeAssistance.Thesefundswereallocatedtothe PoliceDepartmentbasedoncitypopulationandPart1violentcrimestatistics.Part1violentcrimes includemurderandnon-negligentmanslaughters,forciblerape,robbery,andaggravatedassaultsas reportedbytheFBI.Acceptanceandappropriationofthesefundsrequiresapublichearingper stipulations of the Justice Assistance Grant. ThePoliceDepartmentrecommendsusingtheJAGfundsforthepersonnelcostsofaPolice CommunityRelationsSpecialist.TheCommunityRelationsUnitwasdisbandedinthePolice Departmentduringpreviousbudgetcuts.ThePoliceCommunityRelationsSpecialistwasreinstated through2009AmericanReinvestmentandRecoveryAct(ARRA)funds,coveringatwo-yearperiod ofJuly2009toJune2011.WhenARRAfundsweredepleted,JAGfundswereusedtoretainthis position.ThePoliceDepartmentisrecommendingtocontinueusingJAGfundsforPolice Community Relations Specialist personnel costs during fiscal year 2016/2017. ThePoliceCommunityRelationsSpecialistprovidesavitallinkbetweenthecommunityandthe PoliceDepartmentbyparticipatingincommunitymeetings,coordinatingeventsthatinvolvethe community,providingCrimePreventionthroughEnvironmentalDesignassessmentsforhomeowners andbusinesses,coordinatingtheannualCitizensPoliceAcademyandtheTeenPoliceAcademy, andrespondingtoinquiriesandquestionstothePoliceDepartment.Thispositionplaysaninvaluable role serving as the Department’s community liaison. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequentlythe500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1)isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Fundsreceivedforthe JusticeAssistanceGrantsupportthegoalofStrongandSecureNeighborhoodsbyprovidingavital link between the community and the Police Department. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillresultintheacceptanceof$47,700forthe2016EdwardByrne MemorialJusticeAssistanceGrantfromtheBureauofJusticeAssistance.Becausethepersonnel costsofthePoliceCommunityRelationsSpecialistwillbeincurrednextfiscalyear,thereisno current year fiscal impact. ONGOING FISCAL IMPACT TheannualpersonnelcostofthePoliceCommunityRelationsSpecialistisapproximately$94,812. City of Chula VistaPage 2 of 3Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 500 File#:16-0286, Item#: 11 FundsreceivedbyJAGwillpartiallyoffsettheannualpersonnelcosts.Theremainingcostswillbe coveredbytheGeneralFund,whichhasbeenincludedinthefiscalyear2016/2017proposed budget. Thecurrentproposalprovidesoneyearfundingforthepositionoutlinedinthisreport.The Departmentwillseekadditionalfundinginsubsequentfiscalyears.Ifnoadditionalfundingis obtained, then the position may be eliminated. Staff Contact:Joseph Walker City of Chula VistaPage 3 of 3Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 501 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $47,700FROM THE BUREAU OFJUSTICE ASSISTANCE FOR THE 2016EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT WHEREAS, the Police Department received notice from the Bureau of Justice Assistance of the 2016Edward Byrne Memorial Justice Assistance Grant award in the amount of $47,700; and WHEREAS, the grant funding from the Bureau ofJustice Assistance for the 2016 Edward Byrne Memorial Justice Assistance Grant will be used for the personnel costs of one Police Community Relations Specialist; and WHEREAS, the Police Community Relations Specialist provides a vital link between the community and thePolice Department; and WHEREAS, a public hearing was conducted to seekinput regarding the grant appropriations. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista accepts$47,700from the Bureau of Justice Assistance for the 2016Edward Byrne Memorial Justice Assistance Grant. Presented by:Approved as to form by: ____________________________________________ David BejaranoGlen R. Googins Police ChiefCity Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 502 City of Chula Vista Staff Report File#:16-0252, Item#: 12 CONSIDERATIONOFAPPROVINGTHECHULAVISTABAYFRONTNATURALRESOURCES MANAGEMENT PLAN RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE CHULAVISTABAYFRONTNATURALRESOURCESMANAGEMENTPLAN,ACOORDINATED EFFORTBETWEENTHESANDIEGOUNIFIEDPORTDISTRICT,THECITYOFCHULAVISTA, AND THE WILDLIFE ADVISORY GROUP (MPA-16-0005) RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY TheSanDiegoUnifiedPortDistrict(District),theCityofChulaVista(City),andtheBayfrontCoalition (Coalition)enteredintoaSettlementAgreementconcerningtheChulaVistaBayfrontMasterPlan (CVBMP).TheSettlementAgreementresultedintheCoalition’ssupportoftheCVBMP,withthe CoalitionseekingadditionalenvironmentalprotectionmeasuresviatheSettlementAgreement.The SettlementAgreementrequiresthecreationofaWildlifeAdvisoryGroup(WAG)tooverseethe developmentofaChulaVistaBayfrontNaturalResourcesManagementPlan(NRMP)thatpromotes specificmanagementobjectivesintendedtoprotectandenhancefishandwildlifepopulationsand habitatsoftheChulaVistaBayfront.TheWAGconsistsof26membersincludingtheBayfront Coalition, Port tenants, City residents, developers and resource agencies. TheNRMPwaspreparedinconjunctionwiththeCity,DistrictandtheWAGtoachieveallofthe managementobjectivesoftheSettlementAgreement.TheSettlementAgreementrequiresthe DistrictandCitytoapprovetheNRMP.Basedonseveralyearsofrigorousandthoughtful collaborationamongtheparties,theNRMPisnowcomplete.ThePortofSanDiegoapprovedthe NRMP at the Board of Port Commissioner’s meeting of May 10, 2016. ENVIRONMENTAL REVIEW Environmental Notice Environmental Impact Report UPD#83356-EIR-658 has been previously prepared and certified. Environmental Determination TheDevelopmentServicesDirectorhasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedprojectwas adequatelycoveredinpreviouslyadoptedBayfrontSpecificPlanEIR-UPD#83356-EIR-658Thus,no further environmental review or documentation is required. City of Chula VistaPage 1 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 503 File#:16-0252, Item#: 12 BOARD/COMMISSION RECOMMENDATION N/A DISCUSSION InMay2010,whentheCVBMPEnvironmentalImpactReport(EIR)wascertified(BPCResolution No.2010-78),theDistrict,theCity,andtheCoalitionenteredintotheSettlementAgreement.The SettlementAgreementrequiresthecreationofaWAG(SettlementAgreement,Section10)to overseethedevelopmentoftheNRMP.TheNRMPisrequiredtomeetspecificmanagement objectivestoprotecthabitatsandenhancethefishandwildlifepopulationsoftheChulaVista Bayfrontdevelopmentandadjacentrefugelands.TheNRMPprovidesguidanceforthe implementationoftherequirementsinthecontrollingdocuments(i.e.,theMitigationMonitoringand ReportingProgram\[MMRP\]oftheEIR,theCVBMPSettlementAgreementandtheCoastal CommissionDevelopmentPolicies\[CCDP\])andalsooutlinesstrategiesthatmaybeconsideredfor futuregrantopportunities.TheSettlementAgreementalsorequirestheWAGtoadvisetheDistrict andtheCityonwildlifemanagementissuesandrestorationplansrelatedtothefuturedevelopment of the Chula Vista Bayfront. TheDistrictandCitystaffrole,asoutlinedinSection10.2oftheSettlementAgreement,istoprovide administrativeandstaffsupporttotheWAG,asnecessary,toperformthefunctionsandachievethe goalsdescribedintheSettlementAgreement.AdditionaldetailsabouttheWAG’spurposeare provided in Section 10.3 of the Settlement Agreement. The WAG consists of 26 members, as follows: Seven representatives who signed the Settlement Agreement from the Bayfront Coalition include: Environmental Health Coalition o San Diego Audubon Society o San Diego Coastkeeper o Coastal Environmental Rights Foundation o Southwest Wetland Interpretive Association o Surfrider Foundation - San Diego Chapter o Empower San Diego o Two representatives from the Living Coast Discovery Center (former Chula Vista Nature Center), from both the education and operations programs; Three CVBMP developers/tenants, including Pacifica; One representative from the Chula Vista Resource Conservation Commission; One representative from the Chula Vista School District; Three residents from the City of Chula Vista; One representative from an eco-tourism based business; Two appointees from the District; Six representatives from resource agencies, including: U.S. Fish & Wildlife Service (Refuges and Endangered Species) o California Department of Fish & Wildlife o National Marine Fisheries Service o City of Chula VistaPage 2 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 504 File#:16-0252, Item#: 12 Regional Water Quality Control Board o California Coastal Commission o SincetheWAG’sfirstmeetingonMay4,2011,thegrouphasmetoverthirtytimes.DistrictandCity staffmembershavebeenworkingcollaborativelytofacilitatetheWAGmeetings.Overthecourseof these meetings, the WAG developed goals and objectives for both the group and the NRMP. Chula Vista Natural Resources Management Plan TheNRMPpromotesandenhancesnaturalresourcesinthebay-estuarine,urbansetting,fora sustainablefuturethatsetsfar-reachinggoalsforlivingwithclimatechange.TheNRMPenvisionsa thriving,healthyecosystemthatfostersthehumanexperienceofnature.TheNRMPisanimportant environmentalguidanceandimplementationdocument,applicabletoalldevelopmentwithinthe ChulaVistaBayfrontprojectarea.Allprojects,includingbothpublicandprivate,willbeevaluatedby theDistrictandCityrelativetofurtheringthegoals,objectives,standardsandstrategiesofthe NRMP. ThevisionoftheNRMPis,“Tosustainhabitatsandecosystemsthatprotectandnourishbothnative residentandmigratoryfishandwildlife,especiallythosethatareatriskanddependentonthesouth bay.Thegoals,objectives,andstrategiesarticulatedintheNRMPareintendedtotransformtheway weconserveandrestorenatureincoastalurbanenvironmentswithachangingglobalclimate,andto preserve precious natural resources for generations to come.” TheNRMPisdesignedtooffervariedopportunitiesforhumanencounterswithnaturethatare engaging,tranquil,supporthumanandecologicalhealthandwell-being,andareaccessibletoall. Oncecompleted,theChulaVistaBayfrontwillbeadestinationforglobaltravelersaswellaslocal residentsandvisitors,andreflectstrongplanninganddesignprinciplesforsustainabilityof resources, economic feasibility, and community benefit. NRMP Management Objectives TheNRMP(Attachments1and2)waspreparedinconsultationwithDistrictandCitystaffandsix separateWAGadhoccommittees;workingversionswerealsoconsideredatseveralpubliclynoticed WAGmeetings.TheNRMPwaswrittentoachieveallofthemanagementobjectivesofthe Settlement Agreement (Section 3.2 and 4.1) which include: Long term protection, conservation, monitoring and enhancement of: Wetland habitat, with regard to gross acreage as well as ecosystem structure, function and value. Coastal sage and coastal strand vegetation. Uplandnaturalresourcesfortheirinherentecologicalvalues,aswellastheirrolesasbuffers tomoresensitiveadjacentwetlands.UplandareasintheSweetwaterandOtayDistrictswillbe adaptivelymanagedtoprovideadditionalhabitatorprotectiontocreateappropriatetransitional habitat during periods of high tide and taking into account future sea level rise. PreservationofbiologicalfunctionofallBayfronthabitatsservicingasavifaunaforbreeding, wintering, and migratory rest stop uses. Protection of nesting, foraging, and rafting wildlife from disturbance. Avoidanceofactionswithintheproposedprojectareathatwouldadverselyimpactordegrade City of Chula VistaPage 3 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 505 File#:16-0252, Item#: 12 waterqualityinSanDiegoBayorwatershedareasorimpaireffortsofotherentitiesforprotection of the watershed. Maintenanceandimprovementofwaterqualitywherepossibleandcoordinationwithother entities charged with watershed protection activities. NotrequiredtoexpendfundsforNRMPimplementationuntilproject-relatedrevenuesare identified. Coordinate with Resource Agencies regarding wildlife habitat area responsibilities. DesignatenotouchbufferareaswithfencingtoprotectadjacentWildlifeHabitatAreas.The WildlifeHabitatAreas(SettlementAgreementSection3.1)aredefinedas:1)theNationalWildlife Refugelands,currentlydesignatedanddesignatedinthefuture,intheSouthSanDiegoBayand SweetwaterMarshNationalWildlifeRefugeUnitsforthesolepurposeofaddressingadjacency impacts;2)Districtwetlands,estuaryandhabitatreplacementlandsandopenwater;and3) includes the no touch buffer. TomeettheseobjectivestheNRMPalsoincludesestablishingfencedbufferareaswithspecific typesoffencing;prohibitingactivitiesnearandadjacenttobufferareas;enforcingleashingofdogsat alltimes;buildingsandstructuresdesignedtopreventbirdstrikesandpredatorsfromperching; establishingdesignguidelinesforwalkways,pathways,lighting,noise,landscaping,stormwater management,roads,andfootpaths;providingyear-roundpredatorcontrol,increasedenforcement, signage,volunteereventsandinterpretivewalkstoeducateresidentsandvisitors;implementing integratedpestmanagement;limitingboatingimpacts;reviewingalternativesforconducting restorationofexistingwetlands;publicparkrestrictions;andimplementingwaterqualityimprovement projects. NRMP Organization TheNRMPisorganizedhierarchicallyfrombroadtospecific,startingwiththeVisionstatement describedabove,thenbygoals,objectives,andstrategiesineachofthechapters.TheTableof Contentsreflectstheunderlyingecosystem-basedmanagementandecosystemservicethemes carried throughout the plan, organized in the following groupings: Productive and Diverse Habitats and Communities Minimizing Harm to Wetlands and Marine Waters A Wildlife-Friendly Urban-Wildland Interface Maximum Ecosystem Services in the Built Environment and Open Space Education to Inspire and Promote the Human Experience of Nature Integration and Implementation ThefinalchapteronimplementationintegratesallofthepreviouslypresentedworkintheNRMP, prioritizesthework,andidentifiesrolesandresponsibilities.Thesupportingappendicesprovide detail on the background, approach to implementing this NRMP and the controlling documents. NRMP Guiding Principles TheNRMPguidingprinciplesarecommonelementsthroughouttheplanandtheydescribethe targets and desired outcomes to shape the NRMP goals, objectives and strategies. GuidingPrinciple1:ConsistencywiththeCoastalCommissionDevelopmentPolicies,Settlement City of Chula VistaPage 4 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 506 File#:16-0252, Item#: 12 Agreement, and all regulatory compliance requirements Guiding Principle 2:Ecosystem-based management and ecosystem services Guiding Principle 3:Exemplary transboundary connections and integrated planning Guiding Principle 4:Benefits from natural resources are accessible to all Guiding Principle 5:Best science for accountable adaptive management Guiding Principle 6:Planning is non-regulatory Guiding Principle 7:Collaborative action NRMP Controlling Documents The preparation of the NRMP was based on the controlling documents (NRMP Appendix I: Controlling Documents): Settlement Agreement; Coastal Commission Development Policies (adopted by CCC 2012), and; Mitigation Monitoring and Reporting Program for the Chula Vista Bayfront (BPC Resolution No. 2010-785). TherequirementsfromthesedocumentsareembeddedintotheNRMP’scomprehensiveapproach fornaturalresourcesprotectionwhichislongertermandbroaderinscopethenjustregulatoryand mitigation requirements alone. NRMP Color Code ControllingdocumentsarereferencedthroughouttheNRMPinabluebox.Implementationstrategies areidentifiedwithagreenbartotheleftoftheparagraphandarereferencedasCoreStrategies. CorestrategiesareactionsthatwillbetakentoimplementtherequirementsoftheControlling Documents.Allotherstrategieswillbeconsideredduringfutureprojectapprovalsforbothpublicand privateprojects,asapplicable,andaspartoffutureadaptivemanagement.Thestrategiesofferedin the NRMP are intended to help decision-makers during project review and to seek grant funding. Sea Level Rise OnAugust12,2015,theCaliforniaCoastalCommission’s(CCC)adoptedtheSeaLevelRisePolicy GuidancetoaddresssealevelriseforCoastalDevelopmentPermits.ThePolicyGuidanceprovides arecommendedapproachtoaddresssealevelriseincoastalplanninganddevelopmentbasedon bestavailablescience.Arangeofadaptationstrategiesaresuggestedtolimitandavoidcoastal hazards. Public Participation in the Development of the NRMP ThefirstdraftoftheNRMPwasavailableforpubliccommentonJuly1,2013.TheWAGprovided approximately300comments.ThesecommentswerereviewedandDistrictandCitystaffworked withaWAGad-hoccommitteeonanear-weeklybasistorevisetheNRMPandtoresolveasmany outstanding issues as possible prior to the second public review of the NRMP. TheseconddraftoftheNRMPwasavailablefora45daypublicreviewonNovember2,2015.The City of Chula VistaPage 5 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 507 File#:16-0252, Item#: 12 WAGspecificallyrequestedthatthereviewperiodincludetwoWAGmeetings.TheWAG,therefore, metonDecember3and10,2015toobtainconsensuson143commentsfromWAGmembers,which weresubmittedonDecember16,2015(Attachment3).Otherpubliccommentsonthedraftplan included3commentsfromaChulaVistaresident(Attachment4)and31commentsonthe implementation table from the Chair of the WAG (Attachment 5). DistrictandCitystaffandtheWAGad-hoccommitteemetseveraltimestoreviewtheresponseto commentsontheseconddraftoftheNRMP.TheresponsestocommentswereprovidedtotheWAG onFebruary29andApril25,2016.TheNRMPwasrevisedtoincorporateresponsestothe comments. TheWAGmetonMay5,2016andvotedtoapprovetheNRMPandrecommendforwardingthe NRMP to the District Board and City Council for approval. NRMP Future Review PertheSettlementAgreement,theWAGwillmakerecommendationsregardingupdatestothe NRMPandmeetaminimumofevery6monthsfor10years,thenannuallythereafter,todetermine theNRMP’seffectivenessandinachievingthemanagementobjectives(SettlementAgreement, Section10.4).TheBoardofPortCommissionersandtheChulaVistaCityCouncilwillberequested to approve any future amendments to the NRMP. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertythatisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Implementationofthe BayfrontMasterPlanisInitiative2.1.1oftheCity’sStrategicPlan,supportingCitywideStrategy2.1, Providepolicies,planning,infrastructure,andservicesthatarefundamentaltoaneconomically strong, vibrant city. The NRMP is a required component of implementing the Bayfront Master Plan. CURRENT YEAR FISCAL IMPACT Approval of the NRMP does not have a current year fiscal impact. ONGOING FISCAL IMPACT Section4.1.1oftheSettlementAgreementstatesthatthePortDistrictandCityarenotrequiredto expendfundsforNRMPimplementationuntilproject-relatedrevenuesareidentifiedandimpacts initiated. ATTACHMENTS City of Chula VistaPage 6 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 508 File#:16-0252, Item#: 12 Attachment 1:Chula Vista Natural Resources Management Plan Attachment 2:NRMP Appendicies Attachment 3:Response to WAG comments on draft NRMP Attachment 4:Response to public comments on draft NRMP Attachment 5:Response to WAG Chair comments on draft NRMP Staff Contact: Steve Power, Principal Planner City of Chula VistaPage 7 of 7Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 509 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 510 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 512 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 513 1.1 The NRMP Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-1 1.2 The NRMPs Origin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-1 1.3 The Bayfront Environs Core Natural Resource Values. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-2 1.4 The NRMPs Core Guiding Principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-3 1.4.1 Guiding Principle I„Consistency with the Coastal Commission Development Policies, CVBMP Settlement Agreement, and all Regulatory Compliance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-3 1.4.2 Guiding Principle II„Ecosystem-Based Management and Ecosystem Services. . . . . . . . . . . . . . . . . . . . . . . . . . .1-3 1.4.3 Guiding Principle III„Exemplary Transboundary Connections and Integrated Planning. . . . . . . . . . . . . . . . . .1-4 1.4.4 Guiding Principle IV„Benefits from Natural Resources are Accessible to All . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-4 1.4.5 Guiding Principle V„Best Science for Accountable, Adaptive Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-4 1.4.6 Guiding Principle VI„Planning is Non-Regulatory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-7 1.4.7 Guiding Principle VII„Collaborative Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-7 1.5 Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-8 1.5.1 Planning and Jurisdictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-8 1.5.2 Cultural Land Use History. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-10 1.5.3 Current Natural Resources Setting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-10 1.6 Approach to Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-10 1.6.1 Collaboration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-10 1.6.2 Overriding Driver of Impacts to Natural Resources and People„Climate Change . . . . . . . . . . . . . . . . . . . . . . .1-14 1.6.3 Non-Regulatory NRMP Facilitates Ecosystem-Based Management and Ecosystem Services. . . . . . . . . . . . . . .1-14 1.6.4 NRMP Content and Footprint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-15 1.7 How to Use This Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-17 1.7.1 Plan Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-17 1.7.2 Definition of Planning Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-17 1.7.3 Sources and Levels of Funding Not Yet Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-20 1.7.4 Conventions Used in the NRMP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-20 2.1 Key Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-2 2.2 Mitigation Compliance and Improving Habitat Quality in the CVBMP Footprint and WHAs. . . . . . . . . . . . . . . . . . . .2-4 2.3 Improving Habitat and Community Connections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-16 2.4 Sea Level Rise and Buffer Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-19 2.5 Effective Restoration to Meet NRMP Goals and Objectives for Climate Change Resilience and Habitat Value . . . . .2-22 3.1 Key Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-1 3.2 Watershed Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-3 3.3 Innovative and Best Practice Site Design and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8 3.4 Existing and Emerging Threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-13 4.1 Key Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-1 4.2 Use of Buffers to Protect Sensitive Habitats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-2 4.3 Low Impact Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-8 4.4 Construction and Maintenance Impacts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-12 4.5 Management of Operational and Construction Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-14 4.6 Management of Predators, Pests, and Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-18 4.7 Trash Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-23 4.8 Design of the Built Environment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-25 5.1 Key Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-1 5.2 The Built Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 514 5.3 Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-9 5.4 Landscape Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-17 5.5 Park Design and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-20 5.6 Landscape Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-23 6.1 Key Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-1 6.2 Key Audiences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-2 6.3 Natural Resource Stewardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-2 6.4 Cultural and Ecological Sense of Place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7 6.5 Local, Regional and Global Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7 7.1 Key Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-1 7.2 Implementation Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-2 7.3 Monitoring to Assess and Maintain NRMP Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-2 7.4 Implementation Responsibilities for Compliance-driven Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-20 7.4.1 Roles, Responsibilities, and Funding Mechanisms from Existing NRMP Controlling Documents . . . . . . . . . .7-20 7.4.1.1 Port of San Diego. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-22 7.4.1.2 Project Proponent / Port of San Diego, As Appropriate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-23 7.4.1.3 City of Chula Vista. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-24 7.4.1.4 Port of San Diego and/or City of Chula Vista . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-25 7.4.1.5 Community Benefits Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-26 7.5 Strategy for Implementing Beyond Compliance Recommendations Including Adaptation to Climate Change. . . . .7-27 7.5.1 Climate Change Adaptation Integration Into the CVBMP Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-27 7.5.2 Beneficial Partnerships for Enhanced Implementation Opportunities through Grants, Market Solutions, and Innovation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-29 7.6 Funding Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-31 7.6.1 Funding Prioritization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-31 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 515 This Natural Resources Management Plan (NRMP) implements a vision for promot- ing and enhancing natural resources in this bay-estuarine, urban setting for a sustain- able future that sets far-reaching goals for living with climate change. It envisions a thriving, healthy ecosystem that fosters the human experience of nature. This NRMP contains goals, objectives, and strategies for achieving a cooperative vision. The NRMP will serve as an important environmental guidance and implementation doc- ument, applicable to all development within the Chula Vista Bayfront project area. All projects, both public and private, will be evaluated by the Port and City relative to fur- thering the goals, objectives, standards, and strategies contained herein. The 500-plus-acre Chula Vista Bayfront Master Plan (CVBMP) project footprint is recognized as one of the last great development opportunities to create a legacy des- tination for the public on San Diego Bay. The CVBMP Amendment was unani- mously approved by the California Coastal Commission (CCC) on August 9, 2012, after ten years in development. The Wildlife Advisory Group (WAG) was formed to advise the San Diego Unified Port District (Port or District) and the City of Chula Vista (City) on 1) the creation and content of this NRMP, and 2) to initiate and support funding requests to the Port and City as well as identify priorities for the use of these funds, and engage in partnering, education, and volunteerism to support the development of the Chula Vista Bayfront in a manner that protects and enhances the fish, wildlife, and habitats of the area and ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 516 educates and engages the public. The WAG was formed following a Settlement Agree- ment in May 2010 between the Port, the City of Chula Vista, and the Bayfront Coali- tion, which consists of the Environmental Health Coalition, the San Diego Audubon Society, the San Diego Coastkeeper, the Coastal Environmental Rights Foundation, the Southwest Wetlands Interpretative Association, the Surfrider Foundation (San Diego Chapter), and Empower San Diego. Other WAG members include the Living Coast Discovery Center, South County Economic Development Council, Port ten- ants, Pacifica Companies, Resource Conservation Commission, three residents from the City of Chula Vista, Zoological Society of San Diego, Sportfishing Association of California, San Diego Foundation, U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service, Regional Water Quality Control Board (RWQCB), Califor- nia Department of Fish and Wildlife (CDFW), and the CCC. The CVBMP Settlement Agreement requires the adoption of environmental protection measures above and beyond those required by federal, state, and local regulations, including for sea level rise and other expected impacts of climate change. This NRMP is developed as a condition of the CVBMP Settlement Agreement to include management objectives and performance standards to guide the promotion of natural resources. The bayfront and its adjacent areas provide important and unique natural resources values. These include: Resting and foraging habitat for Pacific Flyway migratory shorebirds and waterbirds, many of which are of conservation concern. A productive marine life nursery for fishes that come into San Diego Bay for its sheltered, warmer water to begin their growth. An unusually biodiverse fish assemblage with species unique to southern California. The green sea turtle. A productive salt marsh, sheltering rare birds and sustaining the life-cycle needs of other wildlife. Transitional coastal uplands, supporting native endemic plants and wildlife and buffering storm surge and sea level rise. A haven for seabird nesting and fledging of young. The regulating function of carbon sequestration tied to salt marsh and other vegetation, as well as other organic matter in soils and sediment. Water quality purification and maintenance functions of wetlands. Existing habitat connections provide for fish and wildlife movement, and opportuni- ties for habitat migration during the stress of climate change adaptation. These con- nections improve use by native fish and wildlife that are irreplaceable, especially those uniquely dependent on eelgrass, estuaries, marshes, stream openings, and access to natural shores. Opportunities for maintaining these needed habitat linkages into the future include the creation of upland refugia for wildlife from high tides, more mean- ingful size and connection of mudflat and salt marsh fragments, and better connection to incoming streams for fish and wildlife that need these. The water entering the bay from the watershed is currently altered from its natural cycle of winter storm pulses of fresh water and sediment. However, it still meets quality standards for water contact recreation, as well as fish/invertebrates that are safe to eat. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 517 Certain overarching guiding principles are common elements throughout the NRMP. They describe the intended targets and desired outcomes that help to shape the goals, objectives, and strategies of this document. This NRMP will be consistent with the Chula Vista Bayfront Development Policies (issued by the CCC and so herein after referred to as the Chula Vista Bayfront Master Plan Coastal Commission Development Policies \[CCDP\]) and the May 2010 CVBMP Settlement Agreement between the Port, the City of Chula Vista, and the Bayfront Coa- lition. It will also be consistent with the San Diego Bay Integrated Natural Resources Management Plan (INRMP) and all regulatory requirements as appropriate and identi- fied in the Environmental Impact Report (EIR) for each jurisdiction, including the Mul- tiple Species Conservation Program (MSCP) Subarea Plan on City lands. As part of ecosystem-based management (see Section1.6.3:Non-Regulatory NRMP Facilitates Ecosystem-Based Management and Ecosystem Services and Appendix B:Ecosystem-Based Management and Ecosystem Services), this NRMP is intended to promote the protection, restoration, and enhancement of the natural resources that are unique, characteristic, and globally important to the Chula Vista Bayfront ecosys- tem. These actions will occur against a backdrop of unprecedented change and uncer- tainty about the future of those resources due to local and global challenges. Ecosystem-based management is an approach that should: Design for the future by conserving the essential elements underpinning habi- tat function and quality of the Chula Vista Bayfront. As a first goal, provide for no net loss of bay-dependent habitats over time, and promote design guidelines using natural habitat versus built solutions (soft versus hard). Facilitate resilience to climate change by identifying and implementing adapta- tion strategies for sea level rise and managing carbon emissions. Apply sustainable living solutions in the midst of and in the built environment, adjacent to natural resources under global climate pressure. Minimize impacts of human presence on wildlife, while fostering the benefits that nature provides for human well-being. Use ecosystem services (see Section1.6.3:Non-Regulatory NRMP Facilitates Ecosystem-Based Management and Ecosystem Services). Appendix B:Ecosystem-Based Management and Ecosystem Services has a framework to communicate values of ecosystems and biodiversity, and to evaluate the pros and cons of management approaches as well as their effect on human well- being and environmental sustainability. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 518 The implementation of this NRMP within the project boundaries may influence resources across boundaries at local, watershed, and regional scales as it is con- nected ecologically, culturally, socio-economically, and organizationally. It should: Create an enabling environment for cooperation and innovation in implement- ing natural resources management. Empower organizations and stakeholders to work together towards the shared vision of the NRMP. Provide clear decision authority and process, allowing for residents, visitors, decision-makers, and natural resources managers to jointly and efficiently pro- tect and sustain this unique environment. Inform decision-makers of the risks, anticipated impacts, costs, and trade-offs of proposed management strategies. Guide actions within the CVBMP footprint (see Map1-1 and Map1-2) to mini- mize impacts to Wildlife Habitat Areas (WHAs) and connected areas, as defined in the Settlement Agreement. This context includes the USFWS National Wildlife Refuge (NWR) and cooperative intertidal management areas. Unify habitat planning among organizations for the best possible outcome for dependent wetland, marine, upland transition, and riparian natural resources. Projects of individual organizations would benefit from collaborative objec- tives and targeted outcomes for the recovery of fisheries, water quality, habitats, and from buffering the ecosystem for the impacts of sea level rise. Public access to natural resources for all residents of and visitors to the CVBMP project, and the people of California should enable multi-faceted experiences and provide ecosystem services. This includes experiences of discovery, wonder, tran- quility, and responsibility. Adaptive management means a systematic approach to natural resource management that incorporates changes to management practices, including corrective actions based upon study results and review of overall project performance. Adaptive management should give the NRMP longevity, while addressing estuarine complexity and issues that emerge over time. Decisions should be accountable and based on independent, peer-reviewed evidence, transparent research analysis, and the precautionary principle for protecting vulnerable natural resources. While evidence- based conservation should always be sought, available science will have limits for decision-making due to scale, complexity, data availability, social considerations, legal frameworks, and the affected communitys vision. Therefore, decision-makers may want to consider risk, degree of consequences, vulnerability, and cost-effectiveness. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 519 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 520 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 521 Conservation solutions should not be delayed by gaps in available evidence, but should promote innovation with pilot studies using the latest technology. Pilot proj- ects should be supported by monitoring in an adaptive framework, designed to determine whether project outcomes are benefiting the NRMPs goals and objec- tives, and whether they are achieved efficiently and equitably. Monitoring will ben- efit accountability among partners in NRMP implementation. Planning is a tool for retaining what we value about a place. While information con- tained in the NRMP may be included in regulatory documents, it is in itself non- regulatory. In this NRMP, the elements of regulatory compliance that are already established are incorporated, such as through the certified CCDP, while building around these a natural resources planning framework that looks into the future of valued and vulnerable natural resources for the life of the CVBMP development. Extended horizons make for better natural resources planning. This means looking beyond the immediate footprint of the development to surrounding areas as defined in the Settlement Agreement (see Section1.2:The NRMPs Origin and maps in this chapter), since the Bayfront is an unnatural boundary in terms of ecosystem function. It also means looking at longer time frames (a decade and longer). This expanded view can serve as a good foundation for partnerships and collaborative planning. This NRMP is consistent with and does not override any other Port planning documents, such as the San Diego Bay INRMP, the Climate Action Plan, and others. The CVBMP is a visionary and significant achievement for the region. It has been exem- plary in its collaboration to date, and resource management and protection will be funded, in part, by successful development projects. Collaboration makes for better ecological, social, and economic outcomes. Recog- nizing that many types of knowledge are needed to reach consensus in an ecosys- tem-based approach, the partnerships built through collaborative planning are an alternative to gridlock in getting beneficial work done. Collaboration must continue to be a hallmark of this effort across jurisdictions, artificial political boundaries, communities, and agencies. While collaboration and partnership are core themes of this NRMP, they do not change jurisdictional authority or responsibility. For example, WHAs (refer to Map1- 1) discussed in the NRMP include lands administered by the Port and City, as well as: All National Wildlife refuge lands, currently designated and designated in the future, in the South San Diego Bay and Sweetwater Marsh National Wildlife Ref- uge Units. Anything in this Agreement to the contrary notwithstanding, National Wildlife Refuge lands are included in the definition of the WHAs for the sole pur- pose of addressing adjacency impacts and not for the purpose of imposing affir- mative resource management obligations with respect to the areas within the National Wildlife Refuge lands (Settlement Agreement 3.1.1, CCDP 1.3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 522 These NWR lands will remain under the jurisdictional authority of the USFWS, but will be addressed within the context of the NRMP to allow for the development of conservation measures that will help avoid or minimize adjacency impacts associ- ated with development and intensified human use of the Chula Vista Bayfront. Like- wise, the Port and City of Chula Vista will retain jurisdictional authority and responsibility for WHAs that they administer, including: All District designated lands and open water areas in the Conservation Land Use Designations of Wetlands, Estuary, and Habitat Replacement as depicted in the Draft Precise Plan for Planning District 7; Parcels 1g and 2a from the Citys Bay- front Specific Plan; No-Touch Buffer Areas as depicted on Exhibit 2 of the MMRP (Settlement Agreement 3.1.2 through 3.1.4; CCDP 1.3). For planning purposes, the CVBMP project footprint was divided into three dis- tricts: the Sweetwater District, comprising the northern portion of the planning area; the Harbor District, including the central portion of the planning area near the marinas; and the Otay District, encompassing the southern portion of the planning area (refer to Map1-2). These three districts were subdivided into smaller planning areas for the identification of specific development and/or management activities (Map1-3; refer also to TableC-1 in Appendix C:Setting). An important component of the CVBMP is the anticipated land exchange with North Chula Vista Waterfront L.P. (Pacifica) and the Port to achieve an improved mix of land uses. It shifted high-density residential land uses from the more environmentally sensi- tive Sweetwater District to the centrally located Harbor District, which would serve as an economic catalyst for the overall bayfront. The Port received 97 acres of land near E Street, immediately adjacent to the NWR. For the Port, the 97 acres is intended for open space buffers and areas for habitat replacement opportunities. There is also planned: a 21-acre Signature Park with connecting walking trails, overlooks, and picnic areas; 120,000 square feet of commercial recreation development; one camp- ground/recreational vehicle park; and the relocation of the Living Coast Discovery Center's parking lot. Pacifica received 35 acres of land near J Street, immediately east of the Chula Vista Marina. The 35 acres is intended to include a mix of uses, including a 1,500 mid-rise and high-rise residential unit, 15,000 square feet of ground floor retail, 420,000 square feet of mixed-use commercial and office space, and a 250-room hotel. The result was a net gain of 62 acres of land to the public for parks, open space, and lower-impact future development. Infrastructure improvement to J Street, Marina Parkway, and A Street around the harbor could occur, and Pacifica would be able to generate increased tax revenue for the City of Chula Vista. Pacifica contributed $3 million to the Port for future infrastructure improvements on the Chula Vista bay- front. Pacifica committed that its project will be certified under the Leadership in Energy and Environmental Design (LEED) rating system and will beat Title 24 energy efficiency standards for residential and non-residential buildings by 20 percent. Further, the project resulted in the creation of a Community Benefits Fund, man- aged by the San Diego Foundation for the purposes of natural resources protection, sustainability, livability, affordable housing, and community impacts and culture (refer to Section7.4.1.5 Community Benefits Fund). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 523 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 524 Appendix C:Setting provides a synopsis of human uses of the Chula Vista bayfront. This history includes prehistoric Native American use, Spanish and Mexican use, and American use up to the present-day. Much of the historic tidal lands in the vicinity of the CVBMP project have been developed out. See Map1-4 for bay habitat circa 1859. Chula Vista is located within the historical territory of the Kumeyaay, which may have extended as far north as the San Luis Rey River, prior to European contact. At the time of Spanish contact, the Kumeyaay were a nomadic people who inhabited portions of present-day San Diego County, Imperial County, and Baja California, Mexico (Loumala 1978; City of Chula Vista 2012c). The Kumeyaay practiced a fairly typical hunting-and-gathering way of life common among California Native Amer- icans. They subsisted on a diet of fish, small and large game, and wild seeds, nuts, and berries (City of Chula Vista 2012c). Kumeyaay living along the coast collected clams, abalone, scallops, starfish, octopus, and other marine species from lagoons and tidepools, and grunion were gathered during runs (Baksh n.d.). The salt works is also a part of the historical land use of the Chula Vista Bayfront and region. In 1870, La Punta Salt Works was established in the southeast corner of the San Diego Bay, but the facility closed in 1901 (Otay River Watershed Management Plan \[ORWMP\] 2006). By 1916, the facility stretched across the entire end of the south bay. This expansion eliminated salt marsh and mudflats with the creation of diked evaporation ponds. In 1999, approximately 1,400 acres of the salt works cre- ated the South Bay Unit of the San Diego Bay NWR, including open water areas (ORWMP 2006; E. Maher, pers. com. 2013). Map1-4 illustrates habitats historically present in San Diego Bay and the CVBMP footprint. Map1-5 presents the various vegetation and habitats found within the CVBMP foot- print and WHAs. Many of these habitats, including shallow and intertidal habitats such as mudflat and marsh, are required by a number of important fishery and sensi- tive migratory species. These liminal ecological spaces are scarce because of the devel- opment of the many harbors, ports, and marinas of the southern California region. An overview of these resources is presented in Section2.0:Sustainable and Improved Native Habitats and Communities, and in Appendix C:Setting. Detailed information on each habitat and survey results are presented in the EIR for the CVBMP. The WAG engaged in a collaborative effort to develop this NRMP (see Guiding Prin- ciple VII). A kickoff meeting was followed by six focused topic subgroup meetings, and three consensus-building meetings. The NRMP was iteratively refined through a series of public drafts. An internal website facilitated ongoing comment review, information sharing, and compliance with the Brown Act (California Government Code 54950 et sec.). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 525 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 527 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 528 Climate change adaptation is stressed throughout the NRMP as the defining critical issue for natural resources now, and over the coming decades. Warmer temperatures, rising waters, and other expected changes may bring new stresses for countless species of plants, animals, and fish. Some species are adaptable with wide ranges, and are likely to continue to thrive, while those that depend on particular habitats will be more vulnerable. This NRMP considers and flooding from sea level riseextended heat days as primary consequences of climate change in the footprint of the CVBMP. Climate change may also limit the to maintain landscaped areas in the availability of water future. This may require adjustments in the function of vegetation intended for envi- ronmental protection such as its use for erosion control, treatment wetlands, and for blocking sound or stray light from sensitive areas. The strategies in this NRMP are built on existing or emerging science, adaptation, and conservation efforts, such as the U.S. Global Change Research Program, the Interagency Climate Change Adaptation Task Force, State Wildlife Action Plans, and Landscape Conservation Cooperatives. See Appendix D:Sea Level Rise, Climate Change, and Carbon Sequestration Assump- tions for depictions of projected sea level rise for the vicinity of south San Diego Bay. This is a non-regulatory plan, however the cornerstones of the plan are those requirements found in the NRMPs controlling documents (the Mitigation Moni- toring and Reporting Program \[MMRP\] of the EIR, the CVBMP Settlement Agree- ment, and the CCDP). While some impacts of the CVBMP development must be mitigated through regulatory processes, the underlying compliance requirements are documented in these controlling documents. Most of this NRMPs goals and objectives are not regulatory. This absence of a species-specific regulatory driver is one of this NRMPs strengths. It facilitates and planning for the crucial functions of the ecosystem-based management coastal environment that underpin its productivity and uniqueness. This 50-year plan seeks to provide a unifying approach to broad management considerations as outlined inAppendix B:Ecosystem-Based Management and Ecosystem Services. As stated in Guiding Principle II, goals and objectives of this NRMP emphasize natu- ral resource functions that benefit the entire ecosystem. These are then linked to pro- posed indicators of successful natural resources management. Ecosystem functions are primarily based on the great, global cycles of matter and energy that make life on this planet habitable for wildlife and humans: water, carbon, nitrogen, phosphorus, and sulfur are the major ones. Disruption of these cycles can lead to floods, droughts, climate change, pollution, and many other environmental problems. Soils provide critical ecosystem services, especially for sustaining ecosystems and growing food and fiber. Ecosystem functions include the interactions between organisms and the physi- cal environment, such as nutrient cycling, soil development, and water budgeting, as well as interactions among the biota, such as food webs and mutualistic relationships, and biodiversity as a basis for a resilient ecosystem. Mobile and migratory wildlife provide critical links and increase ecosystem resilience by connecting habitats and ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 529 ecosystems through their movements. Their services include pollination, seed disper- sal, nutrient deposition, pest control, and scavenging. Ecosystem functions range from global to microscopic in scale. are the set of ecosystem functions that are useful to people, communi- Ecosystem services ties, and economies every day. Appendix B:Ecosystem-Based Management and Ecosys- tem Services provides a primer on these functions. They are the direct and indirect contributions of ecosystems to human well-being, most of which are traditionally unpriced since they are not traded economically. This integrative approach to conserva- tion planning and economic practice for stewardship of natural resources has become federal policy in the United States, and is applied internationally. It was formalized by the U.S. National Research Council and the United Nations Millennium Ecosystem Assess- ment in 2005. This latter effort was a four-year assessment of the condition and trends of the worlds ecosystems, supported by 1,300 experts. Consistent with these sources and federal policy, this NRMP classifies ecosystem services according to the following: (the goods or products obtained from ecosystems): food, Provisioning services fiber, raw material, fresh water, medicinal resources, and genetic resources. (the benefits obtained from an ecosystems control of natu- Regulating services ral processes): local climate and air quality regulation, carbon sequestration and storage, moderation of extreme weather events, water purification and wastewater treatment, erosion prevention and maintenance of soil fertility, pol- lination, and pest regulation through biological control. habitats for species, maintenance of genetic Habitat or supporting services: diversity, primary productivity (photosynthesis), soil formation, nutrient cycling, and water cycling. (the non-material benefits people obtain from ecosystem ser- Cultural services vices): recreation and mental and physical health, tourism and scenic values, aesthetic appreciation and inspiration for culture, art and design, ethical val- ues, education, spiritual experience, and sense of place. It is intended that implementation of this CVBMP NRMP showcase the benefits of eco- system services in the urban/wildland and coastal water/wetland interface, and in the built environment through the true valuation of the important role they play in our daily lives. It is hoped that this NRMP serves as a model to help resolve impasses in the con- servation of San Diego Bays natural resources. The CVBMP Project Area is set forth in the CVBMP Settlement Agreement and con- sists of the CVBMP project footprint and the WHAs. As set forth in the Settlement Agreement, the NWR lands are included in the definition of WHAs for the sole pur- pose of addressing adjacency impacts and not for the purpose of imposing affirmative resource management obligations with respect to the areas with the NWR Lands. Wildlife management objectives outlined in the Controlling Documents are to be achieved in the Port/City WHAs to the extent that they address such adjacency issues. This NRMP provides strategies for managing natural resources within the CVBMP footprint and WHAs. Fulfillment of the CVBMPs vision could influence the integ- rity of WHAs both internal and adjacent to the CVBMP footprint in both positive and negative ways (refer to Map1-1). At the same time the CVBMP footprint is influenced by activity from the upstream watershed and from coastal-estuarine areas with which it is contiguous. Recommendations are made to manage positive and negative influences in both directions. The Project footprint boundaries are ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 530 defined in the CVBMP Settlement Agreement and depicted herein on Map 1-1 and Map1-2. The goals, objectives, and strategies set forth in the NRMP shall apply to the Project footprint and WHAs. This NRMP does not provide: 1) strategies for design, expansion, or adaptation to sea level rise of the Sweetwater Marsh Unit or other bay-side units of the San Diego NWR; or 2) a plan to manage the marine habitat and resources within the south bay that are outside of the CVBMP footprint and WHAs; management of natural resources within San Diego Bay as a whole is covered by the San Diego Bay INRMP (Port and U.S. Navy 2013). The NRMP seeks to be consistent and integrated with the USFWS Comprehensive Conservation Plan for the refuges, the INRMP, and other related Port and City plans. The goal is to have seamless management of wildlife throughout the entire area that influences habitat values of the CVBMP. The NRMP seek maximum possible and necessary actions within the CVBMP does footprint and WHAs under the jurisdiction of the Port and City to achieve manage- ment objectives for those areas and their resources (see Map1-2 and other maps on this chapter) as these resources are part of our collective commons and responsibility. Taking into consideration the potential changes in functionality of WHAs due to ris- ing sea levels, the NRMP will promote, at a minimum, the following objectives (Management ObjectivesŽ) for the WHAs (Settlement Agreement 3.2, CCDP 1.3): Long-term protection, conservation, monitoring, and enhancement of: wetland habitat, with regard to gross acreage as well as ecosystem structure, function, and value; coastal sage and coastal strand vegetation; upland natural resources for their inherent ecological values, as well as their roles as buffers to more sensitive adjacent wetlands. Upland areas in the Sweetwater and Otay Districts will be adaptively managed to provide additional habitat or protection to create appro- priate transitional habitat during periods of high tide and taking into account future sea level rise (Settlement Agreement 3.2.1, CCDP 1.3). Preservation of the biological function of all bayfront habitats serving avifauna as breeding, wintering, and migratory rest stop uses (Settlement Agreement 3.2.2, CCDP 1.3). Protection of nesting, foraging, and rafting wildlife from disturbance (Settle- ment Agreement 3.2.3, CCDP 1.3). Avoidance of actions within the Proposed Project area that would adversely impact or degrade water quality in San Diego Bay or watershed areas or impair efforts of other entities for protection of the watershed (Settlement Agreement 3.2.4, CCDP 1.3). Maintenance and improvement of water quality where possible and coordina- tion with other entities charged with watershed protection activities (Settle- ment Agreement 3.2.5, CCDP 1.3). To that end, the NRMP includes potential proactive actions and recommendations that address inevitable impacts to adjacent resources to the maximum extent it can be done within the CVBMP footprint and in WHAs under the jurisdiction of the Port and City. In the NRMP, these goals, objectives, and strategieswill be stated as applying to the CVBMP project areaŽ as stated in the Controlling Documents (see Map 1-1). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 531 In addition, the NRMP includes recommendations suggested for its influencing region - the upstream watershed and adjacent coastal-estuarine resources of south San Diego Bay (Map1-6 shows this sphere of influence). These bigger-picture actions influence (both positively and negatively) the health and ecosystem services provided within the CVBMP project area. The NRMP also provides recommendations, goals, objectives, and strategiesto catalyze grant funding or other important conservation work. One of the intents of this NRMP is that it be used as a reference by others in the future for natural resources management planning in the south bay outside of the current CVBMP project footprint, and to build on the Ports suite of plans and ini- tiatives for its jurisdiction and responsibilities. These include the Climate Action Plan (Port 2013); the future Comprehensive Integrated Port Master Plan (PMP) Update; the Final San Diego Bay INRMP (Port and U.S. Navy 2013); Sea Level Rise Adaptation Strategy for San Diego Bay (January 2012); future plans for Pond 20; and considerations for future planning overlays and regulatory compliance facilitation including mitigation banking that advances NRMP goals. This NRMP is organized hierarchically in tiers from broad to specific, starting with the Vision statement described above (Section1.1:The NRMP Vision), then by goals, objectives, and strategies in each of the following chapters. The Table of Contents reflects the underlying ecosystem-based management and ecosystem service themes carried throughout the plan, organized in the following groupings: Productive and Diverse Habitats and Communities Minimizing Harm to Wetlands and Marine Waters A Wildlife-Friendly Urban-Wildland Interface Maximum Ecosystem Services in the Built Environment and Open Space Education to Inspire and Promote the Human Experience of Nature Integration and Implementation The final chapter on implementation integrates all of the previously presented work in the NRMP, prioritizes the work, and identifies roles and responsibilities. The supporting appendices provide detail on the background and approach to this NRMP. The following terms are used throughout this NRMP. Vision The Vision includes inspiring words chosen to clearly and concisely convey direction of the organization and outcome for the plan area. It uses present tense guiding prin- ciples, communicates both purpose and values, and motivates realization of an attrac- tive and common vision for the future (see Section1.1:The NRMP Vision). Ideally, what will natural resources and their management look like in support of the CVBMP? ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 532 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 533 Goal A Goal is a broad guiding principle that lasts for the life of the plan and sets the course. It is not necessarily fully reachable, but an intention to act. What course of action will help achieve the Vision of the NRMP for natural resources and their management? Objective An Objective establishes the desired condition for each resource or area of concern. It can be qualitative or quantitative, but should be measurable. It can address multi- ple scales and time frames. What is the conservation target for the resource? What indicator describes what suc- cess looks like for the resource? A Standard is an expression of a minimum, measurable level of physical and biolog- ical condition or degree of function required for a healthy, sustainable natural resource. It is generally long-term, but can be adjusted with improved knowledge. It is based on a conceptual model of a range of outcomes possible for a resource/eco- logical site. It focuses on structure and function. It is attainable and complies with applicable statutes, policies, and directives. What is needed to ensure that objectives and standards can be met or progress made toward them. Adjusted over time as knowledge and experience from monitoring improves. Management approaches, actions, and practices need to achieve desired natural resources condition. The following terms relate specifically to the implementation of NRMP Core Strat- egies (refer to Section 1.7.4) and the NRMP Implementation Table presented in Chapter 7. As defined below for each specific project type: 1.Public Works Project in Port Jurisdiction: Approval of plans and specifications by the Board of Port Commissioners or its designee pursuant to Board Policies. 2.Public Works Project in City Jurisdiction: Issuance of Grading or Building Per- mit by City of Chula Vista, whichever occurs first. 3.Port Tenant Project: Final approval of plans by the Board of Port Commission- ers or its designee pursuant to Board Policies. 4.City Developer Project: Issuance of Grading or Building Permit by City of Chula Vista, whichever comes first. Developer or agency that submits an application or initiates a project and is thereby responsible for design, cost, permit acquisition, implementation, and compliance with all Chula Vista Bayfront Controlling Documents, CVBMP NRMP, and Port or City policies. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 534 The implementation of the NRMP is a multi-decade effort and may, over the life of the project, include a significant number of projects of all sizes and scopes. The NRMP will evolve through an adaptive management process and the life of the NRMP. The CVBMP Financing Agreement between the City of Chula Vista and the Port requires that Operation and Maintenance sources commit to funding some types of work first. Also, 0.5 percent of each sale of a residential condo and $2,000 per room for the Pacifica hotel will be paid to a Joint Powers Authority (JPA). This is discussed further in Section7.0:Moving Forward: Implementation of the NRMP, Monitoring for Adaptive Management, Addressing SLR, and Future Funding. The visionary goals, objectives, and strategies set forth in the NRMP are intended to establish the requirements to protect natural resources and must be incorporated in future decisions of the Port and the City of Chula Vista within the CVBMP. Once adopted by the Port and City and approved by the Coastal Commission, implemen- tation of the NRMP is required to be funded and implemented as set forth in the Set- tlement Agreement. The Port and City may also seek alternative sources of funding to implement NRMP goals, objectives, and strategies where appropriate, including through federal and state grants. Funding for the implementation of the NRMP will be from the Port and City through the JPA. The Port and City will ensure that the JPA will treat financial requirements of the NRMP as priorities, as revenue is identified and projects imple- mented, per Settlement Agreement 3.4 and 4.1.1. However, implementation of the NRMP is not required until project related revenues are identified. Readers are encouraged to read the plan in its entirety, which is designed to identify direction and opportunities for future work. The underlying requirements for development of the CVBMP project footprint derive from the planning and permitting documents that preceded the develop- ment. They provide the basic framework from which this NRMP is built. Through- out the NRMP, requirements from these documents are embedded into a comprehensive approach for natural resources protection that is longer term and broader in scope than regulatory mitigation alone. The NRMP Controlling Docu- ments include (Appendix I:NRMP Controlling Documents): the MMRP as described in the CVBMP Final EIR (May 2010); CCDP conditions (July 2012); and the CVBMP Settlement Agreement (May 2010). The NRMP strategies that are mandatory compliance (that is, covered in the MMRP, CCDP, or the CVBMP Settlement Agreement) are identified by a blue shaded box. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 535 All other strategies will be considered during project approvals for both public and private projects, as applicable, and as part of future adaptive management efforts. Strategies offered in this plan are intended to help decision-makers in project review and to seek grant funding. As a first approach and as much as possible, the need for funding is minimized through design guidelines presented herein. For example, prevention strategies are promoted over enforcement or control for invasive species. Also, this NRMP reflects in its recommendations a preference for performance-based outcomes, rather than specific practice prescriptions. In addition, when the NRMP uses such terms as practicable, feasible, or possible, considerations of whether the item can be accomplished in a successful manner within a reasonable amount of time in view of economic, environmental, legal, social and technological factors shall be taken into account. The inclusion of shaded boxes with descriptions of requirements imposed by the NRMPs controlling documents (CVBMP Settlement Agreement, the MMRP, and the CCDP) is for information and reference purposes only. Should any ambiguity or apparent conflict exist between the Controlling Documents and the NRMP, the Controlling Documents shall control for all purposes. The NRMP does not modify the Controlling Documents nor do the descriptions provided within shaded boxes of the NRMP modify or create obligations in addition to those already imposed by the Controlling Documents. Information that is contextual or explanatory in nature is provided throughout the NRMP to contribute to a more complete understanding of the relevant compliance and recommended strategies. In a number of cases, this information is presented within a box outlined in green or a table with green shading. In other cases, the information is located in the left-hand margin adjacent to rele- vant strategies. The set of icons below represent ecosystem services provided by each strategy or proj- ect (see Section1.6.3:Non-Regulatory NRMP Facilitates Ecosystem-Based Manage- ment and Ecosystem Services). These are color-coded by the category of ecosystem service. For relevant strategies, they appear in the left margin in two rows to indicate whether the NRMP action supports an ecosystem service at a primary (top row) or secondary (bottom row) level. For example, eelgrass habitat would provide multiple ecosystem services, including provisioning, regulating, and habitat services. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 536 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 537 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 538 Compliance through normal regulatory channels as described under the Chula Vista Bayfront Development Policies, which were approved by the Port Commis- sion and the CCC in 2012, will help avoid net loss of habitat acreage or value within the Chula Vista Bayfront area that are due to development impacts in the CVBMP footprint. This NRMP proposes the same standard, while accommodat- ing impacts of climate change unrelated to the development itself. This is primar- ily achieved through establishment and design of sea level rise Buffer Areas (No- Touch, Limited Use, and Transitional Use Buffer Areas; refer to Map2-1). Addi- tionally, the parks and open space, where appropriate, will be designed to accom- modate flood waters from the bay, as well as feature exemplary treatment wetlands. There may also be a need to accommodate impacts from sea level rise in areas adjacent to the Sweetwater salt marshes and at the J Street marsh. Sea level rise will provide unique opportunities to create/restore sensitive wetland habitats; it will also pose threats to established sensitive wetland habitats. There is opportunity to improve existing habitat in the CVBMP footprint and WHAs through restoring and enhancing size, connectivity, and complexity (in microtopography and substrate). Of current habitat values within the CVBMP area, the upland transition appears the most degraded. While ecosystem functions are impaired in the wetlands and shallow nearshore habitats due to historic losses, they continue to support uniquely productive fish and wildlife communities. Core ecosystem values of the south San Diego Bay can be represented within the CVBMP footprint and WHAs by selecting conservation planning species or spe- cies groups that use important and unique attributes of the bay-estuarine envi- ronment. Considering the life cycles of these species helps to ensure conservation of the key physical and biological attributes of habitat that support them. Future conservation and restoration of south bay habitat values may entail partnerships with agencies and organizations that manage lands outside the footprint of the CVBMP. There are several primary concerns for the sustainability of habitat functions, and the flora and fauna they support, in the CVBMP footprint, adjacent WHAs, and their connections to the rest of south San Diego Bay. These are: The historic loss of the size and quality of habitat (See Appendix Table C-4 which shows estimated habitat losses within San Diego Bay from 1859 to 1995 by com- paring a 1859 geodetic chart and 1995 aerial photo, updated in 2007). This pri- marily affects the shallow shores (intertidal mudflat and salt marsh are the most impacted), intact natural shorelines, upland transition areas, and the fresh water flow regime from streams. Poor quality habitat supports few native species. Migration pathways are impaired by loss of connectivity and stepping stonesŽ for rest and replenishment, such as avian and pollinator pathways. Habitat fragmentation impairs local movement of fish and wildlife among hab- itats to complete life-cycle needs. Invasive species are an increasing threat to local native flora and fauna. This threat interacts with climate change vulnerabilities. The increasing pace of climate change and change in sea level rise predictions complicate the ability to design management strategies to address it adequately. There is no universally accepted or used approach to address sea level rise, and there is a need for more refined analysis of expected flooding to direct early actions or forestall impacts. Multiple lines of decision-making authority and jurisdictions complicate this issue. The Port/City will utilize as appropriate the California Coastal Commissions Sea Level Rise Policy Guidance (2015). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 539 The scale of natural resources issues, including climate change, does not match the solution space provided by the CVBMP project footprint available to plan- ners. Many important natural resources issues will only be resolved at a bay- wide or regional scale by collaboration among agencies (as described in the Settlement Agreement Management Objectives). The degree of indirect impacts from future adjacent development remains uncertain. There is concern about the ecosystem's capacity to adapt to the cumulative impacts of all of the above, including the possibility of destabilized food webs or system collapse. The above concerns were used to establish the NRMP habitat goals and objectives. Ecosystem function depends on its structure, diversity, and integrity at scales from microscopic to regional (Ecological Society of America \[ESA\] 2013). Biological diver- sity is a critical component in strengthening ecosystems against disturbance, and diversity itself is a dynamic property of ecosystems (ESA 2013). This dynamic prop- erty is amplified by climate change. Therefore, it follows that management of biologi- cal diversity requires recognizing that the complexity and function of any particular location is influenced heavily by the surrounding system. Refer to Appendix B:Ecosystem-Based Management and Ecosystem Services. This NRMP emphasizes ecosystem function as the key target of conservation for the CVBMP footprint, the adjacent WHAs, and the seamless ecological interlinkages in the system that influence these functions (see Settlement Agreement 3.1.1 through 3.1.5, and Exhibit 1). This chapter is organized in four sections: 2.2Mitigation Compliance and Improving Habitat Quality in the CVBMP Foot- print and WHAs Objective 2.2-1Promote the goal of no net loss due to direct and indirect effects of development Objective 2.2-2Long-term habitat conservation Objective 2.2-3Habitat for conservation planning species 2.3Improving Habitat and Community Connections Objective 2.3-1Resilient habitats through connectivity Objective 2.3-2Cooperative agreements for neighboring habitats Objective 2.3-3Re-establish and improve watershed connections 2.4Sea Level Rise and Buffer Areas Objective 2.4-1No net loss due to climate change Objective 2.4-2Habitat migration Objective 2.4-3Ensure buffer areas add habitat value and other ecosystem services Objective 2.4-4Habitat connectivity Objective 2.4-5Buffer area use 2.5Effective Restoration to Meet NRMP Goals and Objectives for Climate Change Resilience and Habitat Value Objective 2.5-1Resilient habitats providing ecosystem services Objective 2.5-2Make the most of built shorelines and in-water structures Objective 2.5-3Ensure built structures promote water quality and habitat Objective 2.5-4Sediment replenishment Objective 2.5-5Restoration priorities Objective 2.5-6Multiple benefits to core resource values ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 540 Goal I.Eelgrass and Open Water Development Impact Avoidance. Development in San Diego Bay waters shall be reviewed for potential impacts to open water (forag- ing) and eelgrass, including any direct (e.g., construction activity) and indirect (e.g., shading from structures or boats) impacts. Efforts must be made to main- tain the eelgrass habitat available and to improve water quality (CCDP 25.2). II.Eelgrass and Open Water Mitigation for Development Impacts. No net loss of eelgrass meadows shall be permitted. Pre-construction and post-construction eelgrass sur- veys shall be prepared in full compliance with the Southern California Eelgrass Mitigation PolicyŽ or any later revised policy adopted by the National Marine Fish- eries Service. Any existing eelgrass impacted shall be replaced at a minimum 1.2:1 a ratio, in accordance with the Southern California Eelgrass Mitigation Policy. In addition, impacts to open water habitat shall be assessed and mitigated (CCDP 25.2). Prior to construction of the H Street Pier, the Port shall create 0.96 acre of eel- grass habitat \[surface water foraging habitat, see also MMRP 4.9-1\] to mitigate for the loss of surface water foraging habitat in accordance with the Southern California Eelgrass Mitigation Policy. The creation of eelgrass habitat shall be conducted in accordance with EIR Mitigation Measures 4.9-1 and 4.9-2 in Section 4.9, Marine Biological Resources (MMRP 4.8-8). Prior to completion of in-harbor work in Phase IV, the Port shall create 1.93 acres of eelgrass habitat. The creation of eelgrass habitat shall be conducted in accordance with EIR Mitigation Measure 4.9-2 in Sec- tion 4.9, Marine Biological Resources. When project-specific designs are proposed for the remaining project components affecting 1.61 acres of surface water foraging habitat and intertidal mudflats, the mitigation of impacts shall be re-evaluated by the Port during subsequent environmental review pursuant to the California Envi- ronmental Quality Act (CEQA) Guidelines Section 15168 to determine accurate net loss and mitigation for the loss of foraging habitat (MMRP 4.8-9). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 541 III.Wetland Delineation by Coastal Act and Coastal Commission Regulations. Wet- lands shall be defined and delineated consistent with the Coastal Act and the Coastal Commission Regulations, and shall include, but not be limited to, lands within the coastal zone which may be covered periodically or perma- nently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Any unmapped areas that meet these criteria are wetlands and shall be accorded all of the protections provided for wetlands in the PMP. Wetlands shall be further defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity, or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wet- lands or deep-water habitats (CCDP 2.2). Where the required initial site inven- tory indicates the presence or potential for wetland species or other wetland indicators, the District shall require the submittal of a detailed biological study of the site, with the addition of a delineation of all wetland areas on the project site. Wetland delineations shall be based on the definitions contained in Section 13577(b) of Title 14 of the California Code of Regulations (CCDP 2.3). IV.Mitigation for Impacts to Jurisdictional Waters of the U.S.: A.In Port jurisdiction, the Port or Port tenants, as appropriate, shall mitigate for permanent and temporary impacts to U.S. Army Corps of Engineers (USACE) jurisdictional waters at the following ratios: 1:1 for permanent impacts to non-wetland waters of the U.S.; 4:1 for impacts to wetlands; and 1:1 for all temporary impacts. A minimum of 1:1 mitigation must be cre- ated in order to achieve the no-net-loss requirement of the Clean Water Act (CWA). Table 4.8-8 of the EIR provides a breakdown of the required mitigation acreages for all USACE impacts within the Port's jurisdiction. Mitigation for impacts from the Bay and Marina components of the Pro- posed Project will be established through USACE regulations, once final designs for this work in Phases II through IV are finalized. Prior to the commencement of grading activities for any projects that impact USACE jurisdictional waters, the Port or Port tenants, as appropriate, shall prepare and initiate implementation of a restoration plan detailing the measures needed to achieve the necessary mitigation (MMRP 4.8-12). B.In City jurisdiction, prior to the issuance of the first clearing and grubbing or grading permit for activities that impact USACE jurisdictional waters, the project developer(s) within the City's jurisdiction shall prepare a resto- ration plan detailing the measures needed to create/restore impacts to USACE jurisdictional waters within the City's jurisdiction in accordance with the acreage identified in EIR Table 4.8-9 (MMRP 4.8-12). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 542 C.The guidelines for this plan (Port or City jurisdiction) will be developed in consultation with the regulatory agencies. The plan shall summarize the approach taken to avoid and minimize impacts to sensitive habitats, detail the target functions and values, and address the approach to restoring those functions and values. Typically, the restoration plan shall detail the site selection process; shall propose site preparation techniques, planting palettes, implementation procedures, and monitoring and maintenance practices; and shall establish performance criteria for each mitigation site. Typical success criteria may include percent canopy cover, percent of plant survival, and percent of native/nonnative c.anopy cover. A minimum five- year maintenance and monitoring period would be implemented follow- ing installation to ensure each area is successful. The restoration plan shall address monitoring requirements and specify when annual reports are to be prepared and what they shall entail. Qualitative and quantitative assess- ments of the site conditions shall be included. If the mitigation standards have not been met in a particular year, contingency measures shall be iden- tified in the annual report and remediation will occur within three months or the start of the growing season (MMRP 4.8-12). 1.The Port shall be responsible for ensuring that all of the success criteria are met to the satisfaction of the Port in consultation with the regulatory agencies (MMRP 4.8-12). 2.The project developer(s) shall be required to implement the restoration plan subject to the oversight and approval of the City (MMRP 4.8-12). D.Prior to issuance of the first clearing and grubbing or grading permit, for activ- ities that impact USACE jurisdictional waters, the Port or Port tenants, as appropriate, and project developer(s) within the City's jurisdiction shall obtain a Section 404 permit from USACE. The permit application process would also entail approval of the restoration plan from the USACE, as described above with regard to areas that fall under the jurisdiction of USACE (MMRP 4.8-12) V.Wetland and Riparian Buffers. Wherever wetlands are identified, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat shall be established (CCDP 2.6 and 3.1). A.Buffers should take into account and adapt for rises in sea level by incorpo- rating wetland migration areas or other sea level rise adaptation strategies as appropriate (CCDP 3.1). B.The CDFW and USFWS must be consulted in such buffer determinations (CCDP 3.1) C.In some unusual cases, smaller buffers may be appropriate, when conditions of the site as demonstrated in a site-specific biological survey, the nature of the proposed development, etc. show that a smaller buffer would provide adequate protection. In such cases, the CDFW must be consulted and agree that a reduced buffer is appropriate and the District, or Commission on appeal, must find that the development could not be feasibly constructed without a reduced buffer. In no case shall the buffer be less than 50 feet (CCDP 2.6). D.In other cases, the required buffer could be greater than 100 feet, especially for salt marsh wetlands, depending on results of the consultation (CCDP 3.1) ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 543 VI.Mitigation Ratios to Offset Fill or Development Impacts. Where wetland fill or development impacts are permitted in wetlands in accordance with the Coastal Act and any applicable PMP policies, mitigation measures shall include cre- ation of wetlands of the same type lost. Adverse impacts will be mitigated at a ratio of 4:1 for all types of wetland, and 3:1 for non-wetland riparian areas. Replacement of wetlands on-site or adjacent to the project site, within the same wetland system, shall be given preference over replacement off-site or within a different system. Areas subjected to temporary wetland impacts shall be restored to the pre-project condition at a 1:1 ratio. Temporary impacts are dis- turbances that last less than 12 months and do not result in the physical disrup- tion of the ground surface, death of significant vegetation within the development footprint, or negative alterations to wetland hydrology (CCDP 2.5). See also Section7.0:Moving Forward: Implementation of the NRMP, Monitoring for Adaptive Management, Addressing SLR, and Future Funding. VII.Development Activities Permitted. The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this Plan, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been pro- vided to minimize adverse environmental effects, and shall be limited to the fol- lowing: 1) new or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities; 2) maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps; 3) in open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities; 4) incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines; 5) mineral extraction, including sand for restoring beaches, except in envi- ronmentally sensitive areas; 6) restoration purposes; and 7) nature study, aqua- culture, or similar resource dependent activities (CCDP 2.4). VIII.Riparian Habitat or Sensitive Vegetation Communities. Prior to the com- mencement of grading for development in each phase that impacts riparian habitat or sensitive vegetation communities within Port jurisdiction, or prior to the issuance of any clearing and grading permits withing the Citys jurisdic- tion that would affect riparian habitat or sensitive vegetation communities (MMRP 4.8-10, 4.8-11): ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 544 A.The Port or Port tenants (in Port jurisdiction), as appropriate, shall prepare and initiate implementation of a restoration plan for impacts to riparian habitat and sensitive vegetation communities in accordance with the miti- gation requirements presented in EIR Table 4.8-6. Prior to the commence- ment of Phase I grading that impacts riparian habitat or sensitive vegetation communities, the Port shall coordinate with the wildlife agen- cies for the preparation and approval of a detailed restoration plan within the Port's jurisdiction. The plan will be prepared by a qualified biologist and approved by the Port. The guidelines for this plan shall be developed in consultation with the regulatory agencies (MMRP 4.8-10). B.The project developer(s) in City jurisdiction shall acquire mitigation cred- its or prepare and initiate implementation of a restoration plan for impacts to riparian habitats and sensitive vegetation communities in accordance with the acreages identified in EIR 4.8-7. Mitigation credits shall be secured in a City-approved mitigation bank, or land acquisition shall be provided at an approved location. Verification of mitigation credits or a restoration plan shall be provided to the City for review and approval. Development of a detailed restoration plan shall be done in consultation with the regulatory agencies and implemented to the satisfaction of the City and the regulatory agencies (MMRP 4.8-11). C.For both City or Port jurisdiction, the plan shall summarize the approach taken to avoid and minimize impacts to sensitive habitats, detail the target functions and values, and address the approach to restoring those func- tions and values. Typically, the restoration plan shall detail the site selec- tion process; shall propose site preparation techniques, planting palettes, implementation procedures, and monitoring and maintenance practices; and shall establish performance criteria for each mitigation site. Typical success criteria may include percent canopy cover, percent of plant sur- vival, and percent of native/non-native canopy cover. A minimum five- year maintenance and monitoring period shall be implemented following installation to ensure each area is successful. The restoration plan shall address monitoring requirements and specify when annual reports are to be prepared and what they shall entail. Qualitative and quantitative assess- ments of the site conditions shall be included. If the mitigation standards have not been met in a particular year, contingency measures shall be iden- tified in the annual report and remediation will occur within three months or start of the growing season (MMRP 4.8-10, 4.8-11). 1.For Port jurisdiction, the Port shall be responsible for ensuring that all success criteria are met to the satisfaction of the Port in consultation with the regulatory agencies (MMRP 4.8-10). D.Prior to initiating any construction activities in Port jurisdiction or issu- ance of any clearing and grubbing or grading permits in City jurisdiction that would affect riparian habitat or sensitive vegetation communities, including clearing and grubbing associated with program-level phases, an updated project-level assessment of potential impacts shall be made, based on a specific project design (MMRP 4.8-10, 4.8-11). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 545 1.In Port jurisdiction, the Port or project developer(s), as appropriate, shall retain a qualified, Port-approved biologist, to update appropriate surveys, identify the existing conditions, quantify impacts, and pro- vide adequate mitigation measures to reduce impacts to below a level of significance. This updated assessment shall be submitted to the Port for review and approval (MMRP 4.8-10). 2.In City jurisdiction, the project developer(s) shall retain a City-approved biologist to update appropriate surveys, identify the existing conditions, quantify impacts, and provide adequate mitigation consistent with the Citys MSCP Subarea Plan. This updated assessment shall be submitted to the City for review and approval (MMRP 4.8-11). IX.MSCP Species Permit. Prior to issuance of any clearing and grubbing or grading permits within the jurisdiction of the City, the project applicant within the City's jurisdiction shall be required to obtain a Habitat Loss and Incidental Take (HLIT) permit pursuant to Section 17.35 of the Chula Vista Municipal Code for impacts to Covered Species and Vegetation Communities protected under the City's MSCP Subarea Plan. In addition, the MSCP requires additional protective measures for the western burrowing owl (MMRP 4.1-4, 4.8-2, 4.8-5, 4.8-11). X.Wetland Ponds In Otay District. At the time of adoption of the CVBMP, the sea- sonal ponds designated Former Industrial Areas in Process of RemediationŽ on O-1 and O-4 have been identified as wetland habitat. These areas will be pre- served and infrastructure rerouted to preserve the resource. Site-specific studies to assess the extent and quality of natural resources on the site will be required at the time development is proposed (CCDP 2.7). A.The area around the existing wetlands will be considered, if necessary, as a site for mitigation for the loss of wetlands elsewhere or as part of adaptive management. The removal of the rock revetment wall between these wetlands and the J Street Marsh to provide a better wetland/upland transition may also be considered to provide future wetland mitigation or adaptive management. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 546 XI.Impacts to Environmentally Sensitive Habitat Areas (ESHAs). Impacts to native hab- itat that does not constitute ESHA that cannot be avoided through the implemen- tation of siting and design alternatives shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site or where off-site mitigation is more protective. Mitigation for impacts to native habitat shall be provided at a 3:1 ratio (CCDP 5.19). If located in or adjacent to ESHA, new development shall include an inventory conducted by a qualified biologist of the plant and animal species pres- ent on the project site. If the initial inventory indicates the presence or potential for sensitive species or habitat on the project site, a detailed biological study shall be required. Sensitive species are those listed in any of three categories: federally listed, state listed or designated species of special concern or fully protected species, and California Native Plant Society (CNPS) categories 1B and 2 (CCDP 5.13). XII.Definition of ESHA. An ESHA means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem, and which could be easily disturbed or degraded by human activ- ities and developments. The following areas shall be considered ESHA, unless there is compelling site-specific evidence to the contrary (CCDP 5.9): A.Any habitat area that is rare or especially valuable from a local, regional, or state-wide basis. B.Areas that contribute to the viability of plant or animal species designated as rare, threatened, or endangered under state or federal law. C.Areas that contribute to the viability of species designated as Fully Pro- tected or Species of Special Concern under State law or regulations. D.Areas that contribute to the viability of plant species for which there is compelling evidence of rarity, for example, those designated by the CNPS as 1bŽ (rare or endangered in California and elsewhere), such as Nuttall's scrub oak or 2Ž (rare, threatened or endangered in California but more common elsewhere), such as wart-stemmed ceanothus. XIII.Coastal Sage Scrub on Berm. At the time of adoption of the CVBMP, the Coastal Sage Scrub on the berm in the S-1 and S-2 parcel areas and the non- native grasslands located in various locations within the CVBMP footprint were not identified as ESHA. Site-specific studies to assess the extent and qual- ity of natural resources on a site will be required at the time development is proposed (CCDP 5.11). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 547 XIV.Habitat Buffer Areas in Sweetwater District. Phase I Signature Park improve- ments (including development of Parcel SP-2, within the Transition Buffer Areas and Limited Use zones of parcel SP-1, and the fencing of the No-Touch Buffer Area of Parcel SP-1) will be completed, prior to the issuance of Certifi- cates of Occupancy for projects developed on either Parcel H-3 or H-23 and after any additional necessary environmental review. The public participation process for the design of the park will be completed prior to District staff seek- ing Concept Approval from the Board of Port Commissioners (Settlement Agreement 7; CCDP 18.2) (refer to Map2-1). I.Wetland Habitat Values Protection. The NRMP will promote, at a minimum: long term protection, conservation, monitoring, and enhancement of wetland habitat with regard to gross acreage as well as ecosystem structure, function, and value (Settlement Agreement 3.2.1.1; CCDP 1.3(a); MMRP 4.8-7). A.Promote ecosystem structure, function, and value that includes connec- tions with appropriate adjacent habitats, including wetland/upland and wetland/bay transitions. II.Habitat Enhancement and Priorities. Include habitat enhancement objectives and priorities (CCDP 1.4). The biological productivity and the quality of wet- lands shall be protected and, where feasible, restored (Settlement Agreement 4.4.6.6; CCDP 2.1). III.Marine Nursery and Bay-estuarine Fishes. Protect fish nursery productivity and the unique assemblage of bay-estuarine marine species, their abundance and diversity. Target clear and specific functions for marine life in enhancement planning and implementation through the use of conservation planning species as a measure of success. Refer to Section7.0:Moving Forward: Implementation of the NRMP, Moni- toring for Adaptive Management, Addressing SLR, and Future Funding. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 548 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 549 A.This NRMP recognizes the important interconnection between the ocean, bay and estuarine environments. The transfer of nutrients, sediment and freshwater between the marine, bay and estuarine environments is critical for the health of this interlinkage of ocean, bay and estuarine systems, and the dynamics of energy and movement among biotic and abiotic elements of the system. The transfer of energy at the mouth of the bay, or estuarine/riverine system to the ocean holds special characterization creating eddies, currents and shoals augmenting ocean currents and acting as a biological (larval) transport system connecting bays, estuaries and the ocean. These energy sys- tems create a special harmonic that leads to optimal functionality in the near shore. There is an augmentation of the littoral cell transport system for sand and sediment along beaches and the near shore in the coastal zone. IV.Habitat Enhancement Objectives. Establish enhancement objectives for habitat features and complexity that favor native species reproduction, growth and biodi- versity. Seek grant funding to enhance habitat size and complexity to support the natural life cycle functions of native upland flora and bay-estuarine dependent fish and wildlife. Attributes to be targeted are appropriately warm, shallow, quiet water with adequate tidal exchange; clean water and sediment; broad intertidal shorelines with gentle slopes connecting to upland refugia to provide protection during high tides, tidal surges, and sea level rise; islands; eelgrass; algae and emer- gent vegetation; a range of estuarine salinity conditions; fine sediment; and com- plex secondary microchannels. As a general principle, topographic and vegetation complexity with maximum edge habitat fosters productivity and bio- diversity. For example, certain estuarine fish can shelter in secondary channels, invertebrate burrows, or attach eggs to macroalgae or emergent vegetation. A.To protect the natural resources in the Chula Vista Bayfront one strategy is to look at conservation planning species or species groups that represent habitat conditions that support the south bays core values (Section 1.3, Appendix C.2.1). The development of specific habitat objectives and prior- ities for assessing the effects of sea level rise, and planning restoration, and enhancement would consider the life cycle needs of these species. Refer to Section7.0:Moving Forward: Implementation of the NRMP, Monitoring for Adaptive Management, Addressing SLR, and Future Funding. B.Establish baselines for marine and tidal habitats area, function, and value. In addition to the standards described above, the NRMP will include establish- ment of baseline conditions (Settlement Agreement 4.4.6.5; CCDP 1.4). 1.Baseline conditions for the area, function, and value of marine and tidal habitats are defined within the CVBMP footprint, and for adjacent WHAs in this NRMP as of its issue date. Refer to Map1-1, Map1-2, and Map1-6 for a view of these areas. Map7-1, Map7-2, Map7-3, Map7-4, Table7-1, and Table7-2 include depictions and details regarding their habitat acreage extents. For additional project work to describe these baseline conditions, please refer to Objective 2.2-3.I.A. below, and Section7.0:Moving Forward: Implementation of the NRMP, Monitor- ing for Adaptive Management, Addressing SLR, and Future Funding. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 550 Goal I.Consider using conservation planning species to develop enhancement designs and success criteria. Conservation planning species, or species groups, that are dependent on the south bay conditions can add an important level of detail to a program of monitoring successful habitat enhancement or restoration. They help relate physical, chemical, and structural features to specific life history needs in its local use of the bay. The role of particular habitats or environmental factors may go undetected if at least some species are not examined at a fine, life-history scale. For example, the mudflat foraging conditions of tall-legged shorebirds differ from those with short legs. Refer to Section7.0:Moving For- ward: Implementation of the NRMP, Monitoring for Adaptive Management, Addressing SLR, and Future Funding. A.Describe baseline conditions cost-efficiently by integrating as shown in maps and tables in Section7.0:Moving Forward: Implementation of the NRMP, Monitoring for Adaptive Management, Addressing SLR, and Future Funding and in Appendix C: Setting: 1.Existing bay datasets, especially long-term sets, such as that of the long- term fish surveys (Port-Navy), avian surveys (Port-Navy); bathymetric data; Regional Harbor Monitoring Program, and other Port, Navy, univer- sity studies, LIDAR elevation data available from the county, and Audubon Christmas bird counts. 2.Project-specific data sets. 3.On an as-need basis, access new datasets as they are developed using broadly accepted and standardized methods of evaluating wetland habi- tat value, such as the California Rapid Assessment Method (CRAM). It is generally most reliable to monitor abiotic factors that relate to habitat value for the conservation planning species, rather than monitor for sta- tus or trends in the species themselves. 4.Ecosystem service indicators as described in Chapter 7. II.For upland transitions, the conditions for and presence of upland transition species are improved, where practicable, above pre-CVBMP development levels for: A.Flora: salt-tolerant types. B.Native pollinators. C.Fauna characteristic of upland areas adjacent to the bay shore. III.For salt marsh, the marsh condition and the presence of salt marsh-dependent species are improved, where practicable, above pre-CVBMP development lev- els, as evaluated by the CRAM or a similar aquatic assessment method. Exam- ples of conservation planning species could be curlews, or herons and rails as a group. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 551 IV.For intertidal flats, mudflat condition is improved in quality, where practicable, above the pre-CVBMP development functional condition, as evaluated by CRAM, periodic avian and fish surveys, and Regional Harbor Monitoring Pro- gram (RHMP) and Southern California Coastal Water Research Project (SCCWRP) routine data and special studies programs (for invertebrates). Other ways to evaluate functional value are: A.Residence time of fish and shorebirds in mudflats (relates to usability of intertidal zone for life needs). B.Abundance of fish endemics as a group: gobies (arrow, shadow), deepbody anchovy, and slough anchovy (based on periodic baywide fish surveys which includes survey in habitats of the south bay). C.Migratory connectivity shorebirds: The consequences of habitat loss from sea level rise is believed to be magnified for shorebird populations, due to bottlenecks along their migratory pathways (Iwamura et al. 2013). Exam- ples to consider as a group are: godwits, western sandpipers, curlew, phala- rope, long-billed curlew, red knot (National Shorebird priority), or shorebirds as sub-guilds. D.Wetland invertebrates: ghost shrimp/California horned snail burrows, crab burrows, and predatory insects such as the mudflat tiger beetle. V.Continue to monitor nursery stock and endemics. For subtidal marine life, total nursery stock and diversity of species are stable or improved, where practicable, above baseline levels. Consider monitoring the presence and abundance of significant nursery stock for all National Marine Fisheries Service (NMFS) trust resources and of endemic southern California estuarine species, by taking advantage of existing baywide fish surveys conducted periodically by the Port and Navy. A.Nursery Stock: Larval silversides, California halibut, yellow-fin croaker, giant kelpfish, spotted sand bass, and barred sand bass as reported in peri- odic fish surveys. B.Eelgrass and estuaries are designated by NMFS as Habitat Areas of Particu- lar Concern (HAPCs), which are a subset of Essential Fish Habitat. under the Pacific Coast Groundfish Fishery Management Plan (FMP).The Cali- fornia scorpionfish is a NMFS trust resource under this FMP. The Pacific sardine is a NMFS trust resource under the Coastal Pelagic Species FMP. Other commercial fisheries supplied by south bay are: bonefish, shortfin corvina, striped mullet, California halibut, kelp bass, and barred sand bass. C.Twelve fish species endemic to southern California estuaries, including: deepbody anchovy, slough anchovy, arrow goby, California killifish, bay blenny, cheekspot goby, spotted sand bass, shadow goby, and bay pipefish. D.Production of Fish for Avian Foraging: Certain schooling fishes form an important forage base for rare seabirds. These include deepbody anchovy, slough anchovy, northern anchovy, California halfbeak, topsmelt, jacks- melt, and shiner perch. The most abundant in the south bay are slough anchovy, topsmelt, and shiner perch. E.Use of subtidal resources by migratory waterfowl and wading shorebirds. Black brant, lesser scaup, and dowitchers as reported in baywide periodic avian surveys. F.Presence of green sea turtles. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 552 Goal I.Protect and improve habitat connections over time. Connections to incoming stream habitats, such as riparian, freshwater marsh, and brackish marsh to tidal communities promote functions of native biodiversity and productivity, and other ecosystem services, including assimilative capacity for water runoff and carbon sequestration. II.Enhance Connectivity Between the CVBMP footprint and the adjacent Refuge areas and sensitive habitats. Contour or otherwise prepare the No Touch Buffers to facilitate future potential marsh migration in Sweetwater and Otay Districts. Over time, establish a habitat corridor/connection via redesign for E Street cross-over, allowing for movement of species between the CVBMP footprint and the NWR. III.J Street Marsh and Salt Pond Connectivity. Improve the habitat connection between J Street Marsh and salt ponds, with NWR staff input, as predator con- trol may be a concern. Look into the potential to maximize the amount of inter- tidal connection between J St. Marsh and salt ponds/intake/discharge channels. IV.J Street Channel Enhancement. Consider the elimination of the bridge over the J Street Channel and the road it leads to, so that the wetlands there can be expanded and connected with the shoreline and the J Street Channel to enhance habitat value. Implement as a project mitigation opportunity. V.Fish Connections. Where possible and effective, provide habitat connectivity for fish and wildlife movement and for migration during the stress of climate change adaptation, such as for species uniquely dependent on access to eelgrass, estuaries, marshes, stream mouths, and soft (not rocky) shores. Connectivity includes some brackish water, and upstream watershed elements. VI.Connectivity Indicators. Consider connectivity for these conservation planning species: A.Fish habitat connections: presence of striped mullet, and California halibut B.Upland transition host plants and presence of migratory pollinators (peri- odic vegetation inventory). C.Migratory shorebird stepping stoneŽ functional groups (short-medium legged shorebirds, long-legged shorebirds) D.Avian habitat connections to upland. E.Recovery of salt marsh connections to intertidal mudflat, and connection of marsh fragments ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 553 VII.Tidal Connectivity by Removing Lagoon Drive and Reconnecting to the F & G St. Marsh. As a future and separate project, the District will investigate, in consul- tation with the USFWS, the feasibility of restoring an ecologically meaningful tidal connection between the F & G Street Marsh and the upland marsh on par- cel SP-2, consistent with USFWS restoration concepts for the area. At a mini- mum the investigation will assess the biological value of tidal influence, the presence of hazardous materials, necessary physical improvements to achieve desired results, permitting requirements, and funding opportunities for estab- lishing the tidal connection. This investigation will be completed prior to the initiation of any physical alteration of SP-2, F Street, and/or the F & G Street Marsh. In addition, once emergency access to the CVBMP project area has been adequately established, such that F Street is no longer needed for public right-of-way, the District and City will abandon/vacate the F Street right-of- way for vehicular use, but may reserve it for pedestrian and bicycle use if eco- logically appropriate (Settlement Agreement 4.4.5; CCDP 14.5). A.It is important to maintain and enhance where possible connectivity of impacted and degraded wetlands to enhance ecosystem services, including biodiversity, filtration, carbon sequestration etc., due to the habitat frag- mentation that has occurred over time. VIII.A pedestrian bridge is proposed to create a linkage over a tidal inlet associated with the F & G Street Marsh. Tidal habitats should be treated as ESHA and the bridge crossing must be designed to enhance the habitat values present and reduce erosion. This bridge span must be extended and the existing incised channel slope should be cut back, reducing the slope and then creating addi- tional salt marsh habitat on the created floodplain. Site-specific studies to assess the extent and quality of natural resources at the site will be required at the time development is proposed (CCDP 5.12). IX.The Port/City will utilize as appropriate the California Coastal Commissions Sea level Rise Policy Guidance (2015). I.Cooperative Agreements for Habitat Management and Protection. The Dis- trict will exercise diligent and good faith efforts to enter into the following cooperative agreements with the USFWS or other appropriate agency or orga- nization (Settlement Agreement 4.4.1; CCDP 14.1). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 554 A.An agreement providing for the long-term protection and management of the sensitive biological habitat, running north from the South Bay Boat- yard to the Sweetwater River Channel (known as the Sweetwater Tidal Flats), and addressing educational signage, long-term maintenance, and additional protection measures such as increased monitoring and enforce- ment, shared jurisdiction and enforcement by District personnel with legal authority to enforce applicable rules and regulations (District Enforce- ment PersonnelŽ), shared jurisdiction and enforcement by District Enforcement Personnel and other appropriate Resource Agencies of resource regulations, and placement of enforcement signage. Subject to the cooperation of the applicable Resource Agency, such cooperative agree- ment will be executed prior to the Development Commencement of any projects subject to District's jurisdiction within the Sweetwater or Harbor Districts (Settlement Agreement 4.4.1.1; CCDP 14.1(a)). B.An agreement for long-term protection and management of the J Street Marsh and addressing additional protective measures such as educational signage, long-term maintenance, and monitoring and enforcement by Dis- trict Enforcement Personnel and enforcement of resource regulations by District Enforcement Personnel and other Resource Agencies and place- ment of enforcement signage. Subject to the cooperation of the applicable Resource Agency, such cooperative agreement will be executed prior to the Development Commencement within the Otay District (Settlement Agreement 4.4.1.2; CCDP 14.1(b)). C.If either of the cooperative agreements contemplated above is not achiev- able within three years after Final EIR certification, the District will develop and pursue another mechanism that provides long-term, addi- tional protection and natural resources management for these areas (Set- tlement Agreement 4.4.1.3; CCDP 14.1(c)). II.Working with USFWS or other appropriate agency or organization, develop early actions to forestall or minimize the severity of the sea level rise impacts to area resources. Examples could be to fast track the South Bay Power Plant restoration, improving connectivity of the F&G Street marsh to the on-site seasonal marsh, plac- ing structures to retain or build up fine sediment, or many other possible actions (refer Appendix E:Potential Concepts for Beyond ComplianceŽ Conservation). The Port/City will utilize as appropriate the California Coastal Commissions Sea level Rise Policy Guidance (2015). Goal Function. This objective is addressed in Section 3.2. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 555 Goal I.Managed Retreat. Facilitate retreat as sea level rises in the Sweetwater and Otay Districts in a manner that will promote wetland and shoreline functions and values. A.Bayfront plans should accommodate habitat for marsh to migrate both ver- tically and horizontally. Horizontal migration may be constrained by hard- ened infrastructure, hence vertical migration will be critical to maintain the optimal structure and function of the ecosystem. B.Identify specific areas where habitat migration could occur within the Chula Vista Bayfront. II.Upland Transitions to Support Sea Level Rise Adaptation. Upland areas in the Sweetwater and Otay Districts will be adaptively managed to provide addi- tional habitat or protection to create appropriate transitional habitat, during periods of high tide, and taking into account future sea level rise (Settlement Agreement 3.2.1.3; CCDP 1.3(a), 1.3(b), 3.3). III.Consider adding appropriate type of soil or sediment to elevate wetlands and mudflats, when needed to preserve area, functions, and values in spite of sea level rise. IV.The Port/City will utilize as appropriate the California Coastal Commissions Sea Level Rise Policy Guidance (2015). Goal ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 556 I.Comply with CCDP obligations related to Sea Level Rise Buffer Areas. Uses and development within buffer areas shall be limited to minor passive recreational uses, with fencing, desiltation or erosion control facilities, or other improve- ments deemed necessary to protect the habitat, to be located in the upper (upland) half of the buffer area; however, water quality features required to support new development shall not be constructed in wetland buffers. All wet- lands and buffers identified and resulting from development and use approval shall be permanently conserved or protected through the application of an open space easement or other suitable device. All development activities, such as grading, buildings and other improvements in, adjacent to, or draining directly to a wetland must be located and built so they do not contribute to increased sediment loading of the wetland, disturbance of its habitat values, or impairment of its functional capacity (CCDP 3.1). A.In light of habitat migration due to sea level rise, review Buffer Areas, as nec- essary, so as to maintain a buffer between areas of human activity and sensi- tive fish and wildlife habitat, as practicable in light of existing and planned development. Consider sufficient buffering of sensitive habitat to protect its value for fish and wildlife, and to accommodate expected inundation and flooding from sea level rise. Refer also to Appendix D:Sea Level Rise, Cli- mate Change, and Carbon Sequestration Assumptions. B.Evaluate sea level rise progression. Compare actual rise with predicted lev- els to determine if early actions may be appropriate to forestall detrimental impacts of sea level rise. C.Alter the design, as necessary, of the Buffer Areas as sea level rises. D.As needed, provide for flexibility in Buffer Areas configuration based on sea level rise modeling using updated guidelines (local, state, federal) or peer- reviewed projections. E.Identify and evaluate any other areas inland of the Buffer Areas that may be suitable and could be planned to accommodate habitat migration. II.City of Chula Vista Compliance for Sea Level Rise and Storm Drains. Comply with City of Chula Vista requirements (for property within the City) regarding development within tidally influenced bayshore. Prior to Tentative Map Approval, or grading plan approval, ensure that: 1) the storm drain system for the project is designed to maintain at least one dry driving lane in each direc- tion, during a 50 -year design storm that occurs at the highest high tide with a projected 1.5 feet of sea level rise; and 2) the storm drain system for the project is designed to prevent any property damage with a 100-year storm, occurring at the highest high tide with a projected 1.5 feet of sea level rise. This requirement will have a major impact on the sizing of the water treatment basins between the roads and the habitat areas. If this requires a basin area that is either impractical or too costly, consideration should be given to relaxing this requirement for specific locations. Implementing the Citys requirement should not be done at the expense of water quality or erosion damage in the habitat areas. A.In concert with this, the Port/City will utilize as appropriate the California Coastal Commissions Sea Level Rise Policy Guidance (2015). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 557 III.Protect and maximize ecosystem functions of habitats and species, where prac- ticable, to provide sustainable cultural, subsistence, recreational, and commer- cial benefits in a changing climate. A.Maintain Ecosystem Function Through Habitat Features. Enhance habitat features, where necessary and practicable, to maintain ecosystem function and resiliency to climate change. Restore habitat quality elements that improve each area's ecosystem function and capacity to adapt to sea level rise, as project opportunities come up. B.Use the life needs of conservation planning species groups to develop spe- cific management approaches, such as elevations in relation to the tide, to address critical climate change impacts, where necessary and practicable. I.Design Buffer Areas with appropriate vegetation structure to support intertidal wetland-dependent, native species that need upland refugia, and as transition zones to landscaped areas and for sea level rise. II.Consider grading and contouring Buffer Areas to allow for future cordgrass establishment as sea level rise occurs. III.Habitats in Buffer Areas should function as refugia by managing interaction with human activity. Provide upland transition and high tide refugia with vegetation cover, where practicable. IV.Plant palettes used for the Buffer Areas should be restricted to native plants of the lower, middle and upper salt marsh and the marsh/upland transition of coastal southern San Diego County. To the maximum extent practicable, plant selection and placement should be pollinator-friendly for bats, birds, and insects and include larval host plants. Manage the Buffer Areas to support spe- cial status-flora species (refer to Appendix F:Comprehensive Plant List). V.Develop an invasive plant management plan for the Buffer Areas, distinct from the invasive plant management plan for the built environment. The former would have a higher level of restrictions, due to the presence of sensitive habitat. A.A prohibited-plant list should be included for each specific area. No areas should include invasive species as identified by the California Invasive Plant Council (Cal-IPC 2006). B.Develop a volunteer program for hand-weeding, within the Buffer Areas. C.Provide specific criteria for the use of herbicides, consistent with the requirement to use Integrated Pest Management (IPM). VI.Avoid creating sinks, where practicable, through habitat creation or zoning of human activity. For example, drawing in sensitive wildlife to isolated habitat fragments without enough connectivity may increase their isolation and make them vulnerable to predators. VII.Prevent unnaturally abundant raptor predation on special status species of the salt marsh by restricting line-of-sight perches in the Buffer Areas (refer to Section4.0:A Wildlife Friendly Urban-Wildland Interface). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 558 I.Work with planners and designers to identify opportunities as they arise for benefiting fish and wildlife through improved connections among buffer, open space, and park areas. I.The Signature park designer will consider use of shorter spur trails (as opposed to loop trails) within the Buffer Areas and integrate with the main trail in Signature Park. Limit trails in the Buffer Areas, minimizing impacts to wildlife, while facili- tating wildlife viewing. Goal I.To the extent feasible, implement practices to reduce and/or sequester emission of carbon dioxide and other climate change gases in the CVBMP footprint and adjacent WHAs. Consider carbon sequestration value of habitats, such as salt marsh, when planning and funding habitat work. Carbon sequestration occurs at a very high level in salt marsh soils, and somewhat less in mudflats and in upland vegetation. This should be part of the equation when considering habitat goals and optimizing mitigation strategy (refer to Appendix D:Sea Level Rise, Climate Change, and Carbon Sequestration Assumptions). II.Optimize opportunities to implement the Port and City Climate Action Plans. III.Require that public access is sited, designed, and managed to avoid potential for significant adverse impacts from sea level rise and shoreline flooding, or is des- ignated to withstand intermittent flooding. IV.Improve resilience of existing habitats by protecting, restoring, and enhancing marine, intertidal, salt marsh, and upland transition elements that promote functions of native biodiversity and productivity, and other ecosystem services, including assimilative capacity for water runoff and carbon sequestration whenever possible. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 559 A.As project opportunities arise, restore habitat quality elements that improve each area's ecosystem function and capacity to adapt to sea level rise. Enhance habitat size and complexity to support the natural life cycle functions of native flora and bay-estuarine fish and wildlife. Attributes to be targeted are warm, shallow, quiet water with adequate tidal exchange; clean water and sediment; broad and connected intertidal shorelines with gentle slopes; eelgrass; emer- gent vegetation; a range of estuarine salinity conditions; fine sediments; sec- ondary microchannels, and upland refugia during tidal surges. Topographic and vegetation complexity foster productivity and biodiversity. For example, certain estuarine fish can shelter in secondary channels, invertebrate bur- rows, or attach eggs to macroalgae or emergent vegetation. B.In partnership with other jurisdictions, look to provide habitat connectivity for fish and wildlife movement and for migration during the stress of climate change adaptation, such as for species uniquely dependent on access to eel- grass, estuaries, marshes, stream mouths, and soft (not rocky) shores. Con- nectivity includes some brackish water, and upstream watershed elements. V.Create Transitional Gradients. A.When site preparation is done in the Sweetwater and Otay Districts, re-con- tour the slope to prepare for sea level rise in the Buffer Areas. B.Re-contour the slope of the shore along Sweetwater and Otay Districts, where practicable, to allow for high tide transitional habitat for improved wildlife value as sea level rise occurs. C.Transitional native habitats may include cordgrass, estuary seablite (Suaeda esteroa), maritime succulent scrub/boxthorn, coastal sage scrub, beach and beach wrack, moist grassland, grassland/ephemeral wetland complex, or inland dunes. D.Consider providing appropriate vegetation structure to support fauna that are conservation planning species. I.Promote soft infrastructure. A.Soften and Connect Shorelines. Provide soft-sediment and connected shorelines wherever possible and avoid the use of armoring that is not natu- ral to the bay, has relatively low habitat value for bay-estuarine dependent species, and can harbor invasive species. B.Evaluate the use of bio-engineered materials as an alternative to riprap in the Harbor District. C.Review designs for integrating soft shoreline protection into hard shoreline protection structures, whenever feasible. Where armoring is demonstrably needed, integrate hard and soft stream channel or wave/tidal energy solu- tions, such as living banks or living levees. D.Evaluate subtidal levees as a locally meaningful management strategy. E.The Port/City will seek grant funding to promote the use of soft infrastruc- ture. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 560 I.Where they are necessary or beneficial, design artificial structures in the inter- tidal and subtidal zone for improved habitat value for native organisms and other ecosystem services. Use construction designs that provide habitat func- tion and contribute to conservation, including adapting to climate change. A.Design principles may include surface roughening, sinuosity, particle or feature size, tidal exposure, hardness, etc. II.Maintain natural physical processes (such as tidal circulation), and, when feasi- ble, implement engineering practices that promote restoration of these processes. A.Evaluate restoration of the South Bay Power Plant channels and determine the best manner to address the long connector levee that divides the water there. I.Naturalize and invigorate Telegraph Creek and J Street Channel through pro- cesses such as sediment supply and episodic flood, consistent with functions as stormwater conveyance, which can benefit the estuarine ecosystem. II.Consider creating a sediment management plan for restoring sediment func- tions for estuarine habitats. A.Excess dredge material from within the project area shall be tested for beach compatibility and placed on local beaches if suitable (CCDP 25.1). B.A process for beneficial re-use of dredge material as a source for benefiting marine habitat restoration and enhancement of marine life could include, but would not be limited to the following: 1.Identify areas where natural sediment delivery could be enhanced or improved for habitat benefit. 2.Identify areas that may require active placement of sediment to increase resiliency to sea level rise. 3.Determine appropriate timing of sediment placement, using location- appropriate methods and monitoring. III.Evaluate sediment placement options for sea level rise adaptation. As sea level rise continues over time, the water depth in the area undergoing sea level rise will increase. The reduction in sediment supply to San Diego Bay that has occurred historically and is expected to continue in the future will make it difficult for ground elevations to increase via sedimentation. Sediment could be added to the CVBMP WHAs if sediment augmentation is the strategy that all managers and resources agencies agree to counter the inundation effects of sea level rise. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 561 A.Identify suitable sediment sources that could be used in the future to increase ground elevations in areas that are being inundated by sea level rise. For example, coastal salt marsh habitat would require the identification of marsh muds or terrestrial sediment conducive for production of marsh mud (e.g., clays and silts). In addition, the sediment would have to be free of contamination that might harm the ecological receptors that would use the habitat. Potential sources of suitable sediment would include sediment dredged from within, along, and adjacent to San Diego Bay as well as sedi- ment from the watersheds that empty into San Diego Bay. B.Two possible methods to introduce sediment to the system include: 1) Reduce, eliminate, or apply hydromodifications in the streams and creeks that empty into San Diego Bay, especially those closest to the locations most vulnerable to habitat transition associated with sea level rise. This method could provide a more natural approach to addressing the sea level rise impact; however, the volume, timing, and placement of sediment available utilizing this method might not match the needs of the particular locations. 2) Use equipment to place sediment directly in those areas in need of sedi- ment. There must be an even transition gradient maintained between eel- grass beds and mudflat/estuarine plain, hence sediment placement will have to be implemented to mimic natural process through bioengineering and research. This will enhance both vertical and horizontal marsh migra- tion as sea level rises maintaining ecological stability. I.Use conservation planning species groups (see Section2.2:Mitigation Compliance and Improving Habitat Quality in the CVBMP Footprint and WHAs), to consider specific habitat objectives and priorities for mitigation, restoration, and enhance- ment. II.Integrate hard and soft solutions. Where feasible, the integrity of all systems from the eelgrass bed, mudflat, tidal creek, marsh plain and transition zone should be maintained by incremental sediment deposition in conjunction with using hab- itat as a buffer for sea level rise. III.For streams, consider controlling the velocity of water coming into the system by using living systems that can accommodate flooding in the corridor, in coop- eration with hydrologic engineers. IV.Marine Habitat Restoration at the Power Plant. The District will include an analysis of the appropriate level and method for wetland and marine life habitat restoration of the intake/discharge channels associated with the South Bay Power Plant in the environmental review document for the demolition of the South Bay Power Plant that includes below grade or in water structures (Settle- ment Agreement 4.4.2; CCDP 14.2). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 562 I.The following are (preliminary) indicators of successful habitat restoration (see also Section 7 and Appendix C: Setting). Indicators should be adapted based on research and best science. A.Acres of habitat restored to level of quality above pre-existing functional quality, based on CRAM, Hydrogeomorphic Assessment Method, or other method. For example, enhanced complex creek networks in intertidal areas, because this maximizes the interface between marsh and water. B.Recovery of tidal flats, for which loss has been even greater than that for tidal marsh in southern California and San Diego Bay (Macdonald et al. 1990; Port and U.S. Navy 2013) (see Appendix C: Setting). C.Presence and abundance of diverse functional groups of wetland-depen- dent fish, wildlife, and plants. D.Presence and abundance of functional groups of upland transition-depen- dent wildlife and plants. E.Fine-textured, clean sediment source identified for restoration work. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 563 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 564 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 565 Protecting water quality in the CVBMP area will minimize harm to wetlands and marine waters and sustain human and wildlife health. The CVBMP project is a com- ponent of the Sweetwater River and Otay River watersheds (refer to Map1-6), which drain into San Diego Bay (Project Clean Water 2013; San Diego Coastkeeper 2013). The Chula Vista Bayfront area strategies for protecting water and sediment quality are an important element of watershed management. In this context, they are guided by localized challenges as well as larger watershed management objectives, such as the San Diego Bay Water Quality Improvement Plan (WQIP). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 566 The approach employed here emphasizes compliance with regulations, reducing or preventing potential impacts through the use of best management practices (BMPs), monitoring, coordination and enforcement to protect and restore water and sediment quality as a component of effective watershed management. Prevention of impacts is the preferred approach to maintain the health of wetland and marine habitats. As part of this, a range of BMPs are recommended, particularly to manage stormwater runoff effectively. When prevention is not possible, minimization and treatment are second lines of defense. A number of structural and non-structural BMPs included in this plan span the range of prevention, minimization and treatment approaches that are applicable to both construction and post-construction phases: Structural BMPs are a subset of BMPs which detains, retains, filters, removes, or prevents the release of pollutants to surface water (MS4 Permit 2013). Non-structural BMPs are activities, programs and other non-physical mea- sures that contribute to the reduction of pollutants from diffuse sources to the drainage systemŽ (ORWMP 2006). Decentralized and site-based applications of these strategies helps to manage both quantity and quality of runoff. Managing stormwater appropriately can provide benefits by reducing pollution, restoring natural hydrologic function, providing habitat and contributing to a healthier environment. As a component of the proposed watershed approach, identifying and addressing existing and emerging threats will be important to sustaining thriving aquatic habi- tats. Moreover, monitoring that contributes to adaptive management and is consis- tent with regional approaches helps to derive greater interpretive power, which supports compliance obligations. In addition, to help address sea level rise impacts, the Port/City will utilize as appropriate the California Coastal Commissions Sea Level Rise Guidance document. This Chapter is organized as follows: 3.2Watershed Approach Objective 3.2-1Compliance Objective 3.2-2Prevention Objective 3.2-3Marina and boating impacts Objective 3.2-4Deposition of air pollutants Objective 3.2-5Watershed-level coordination Objective 3.2-6BMP monitoring Objective 3.2-7Enforcement 3.3Innovative and Best Practice Site Design and Management Objective 3.3-1Site design and BMPs for Stormwater and Erosion, and Sedi- mentation Control Objective 3.3-2Stormwater treatment controls 3.4Existing and Emerging Threats Objective 3.4-1Addressing contaminants Objective 3.4-2Aquatic invasive species ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 567 Goal regulations. For new development: I.Comply with the RWQCB Order No. R9-2007-0001, National Pollutant Dis- charge Elimination System (NPDES) Permit No. CAS0108758, Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port Dis- trict (Municipal Permit) as adopted, amended, and/or modified or replaced by the RWQCB with a new Municipal Permit. The Municipal Permit prohibits any activities that could degrade stormwater quality (CCDP 13.2(a)). A.The most current permits include: RWQCB Order No. R9-2013-0001 and NPDES Permit No. CAS0109266 (June 2013) II.Comply with the District Jurisdictional Urban Runoff Management Program (JURMP) Document and the District Standard Urban Stormwater Mitigation Plan, which provides BMP requirements for new development and redevelopment (CCDP 13.2(b)). A.General operations and housekeeping, non-stormwater management, waste handling and removal, and employee training are among the BMPs designated by the BMP Design Manual to address potential pollutants associated with major municipal events. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 568 III.Comply with all relevant mitigation measures in the MMRP for the CVBMP project, including guidance stipulating actions and approvals required prior to issuance of permits for grading, dredge or fill (MMRP 4.5-2, 4.5-3, 4.5-4). IV.Adhere to all applicable Clean Water Act and Porter-Cologne requirements. V.Implement the Ports WQIP (2015). Prevention. I.Educate residents, visitors and recreational users about ways to reduce water-qual- ity pollution. The District shall encourage and support public outreach and educa- tion regarding the water quality impacts of development (CCDP 9 and 13.2). A.Include messaging about water quality and pest control (relative to trash management) in appropriate locations. Facilitate recycling. B.Facilitate collection of pet waste by pet owners by providing adequate waste collection and disposal stations, with messaging to educate about the problem. C.Stencil storm drains with images or short phrases to discourage nearby dumping of trash or other waste that could reach the Bay through the storm drain system. Encourage reporting of illegal dumping of any substance (liq- uids, trash, etc.). Emphasize the County Household Toxics Program for dis- posal of household toxics (ORWMP 2006). D.Enforce parking restrictions for street sweeping (ORWMP 2006). E.Per the RWQCB Order No. R9-2013-0001, if individual residential vehicle washing occurs, wash water discharge should be directed to landscaped areas or other pervious surfaces, and other practices encouraged to prevent associated pollutants from entering the storm drain system. In addition, such discharges must be controlled through statute, ordinance, permit, con- tract, order, or similar means (RWQCB Order No. R9-2013-0001, E.2.a.(4)(b)). F.Encourage residents, businesses and maintenance personnel to sweep side- walks and to comply with existing regulations for washing impervious surfaces. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 569 ersÔ and City policies and regulations, II.Train landscape maintenance staff to use integrated pest management to mini- mize the introduction of pesticides, fertilizers, or other harmful materials used in landscape practices into coastal waters. A.Promote water conservation practices to prevent overwatering and runoff from areas with maintained landscapes. B.Keep lawn clippings and other landscaping waste out of gutters and streets within the CVBMP footprint (ORWMP 2006; refer to Section4.7:Trash Management). C.Green waste compost station to be considered for future adaptive management. D.The use of insecticides, herbicides, rodenticides or any toxic chemical sub- stance that drains into WHAs or which has the potential to significantly degrade ESHAs shall be prohibited within and adjacent to ESHAs, except where necessary to protect or enhance the habitat itself, such as eradication of invasive plant species, or habitat restoration. Application of such chemical sub- stances shall not take place during the winter season or when rain is predicted within a week of application (Settlement Agreement 4.6.3; CCDP 13.5). (See Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space). E.Integrated Pest Management (IPM) must be used in all outdoor, public, buffer, habitat, and park areas (Settlement Agreement 4.6.3; CCDP 13.6). 1.The Ports IPM Program is based on regular staff training; selected use of California-friendly plant species; proper irrigation scheduling; appropriately scheduled fertilizer applications; minimal use of pesti- cides and herbicides; proper storage and disposal of pesticides, herbi- cides, and fertilizer; elimination of toxicity Category I and pesticides containing a carcinogen; elimination of toxicity Category II pesticides; identification of pests that are considered potential public health prob- lems an the least toxic method of eliminating or controlling them; and monitoring of pest population levels to determine treatment proce- dures. The Ports management of pesticides, herbicides and fertilizers also includes: use of drought-tolerant native plants; use of licensed Pest Control Advisor; and use of smart irrigation systems. See also Section5.6:Landscape Maintenance. 2.Per RWQCB Order No. R9-2013-0001, BMPs must be implemented to reduce pollutants in stormwater discharges and effectively prohibit non-storm water discharges associated with the application, storage, and disposal of pesticides, herbicides and fertilizers from both com- mercial areas and residential facilities, including educational activities, permits, certifications and other measures for applicators and distribu- tors (E.5.b.(1)(d) and E.5.b.(2)(d)). The public education program component for the above is discussed in E.7.a.(1) through (3) of RWQCB Order No. R9-2013-0001. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 570 III.Seek to coordinate among jurisdictions and education partners for effective and unified outreach and messaging to target audiences. I.Educate marina users on practices that prevent pollution. II.Promote and facilitate the use of BMPs to prevent water quality degradation. A.An on-site pump out facility shall be required with the development of any new marinas (CCDP 13.3). B.Boating in the project area will be managed in a manner that protects water quality and that ensures persons or employees maintaining boats in slips or using slips on a transient basis are made aware of water quality provisions (CCDP 10.6). 1.Approval of projects within CVBMP marinas shall include appropriate requirements from the District JURMP that includes appropriate BMPs for controlling adverse impacts to water quality related to the boating facilities, including those BMPs for activities occurring over water (CCDP 10.6(a)). 2.Approval of projects within the CVBMP marinas shall include a require- ment for boating facilities to identify procedures for inspection of boater activities and sanctions for boaters that may be adversely impacting water quality (CCDP 10.6(b)). 3.Marinas in the CVBMP project area shall provide evidence of ongoing efforts to protect water quality, such as a current certification by the Clean Marinas program (cleanmarina.org), stormwater BMP Plan, or other equivalent documentation of clean marina practices (http://www.cleanmarina.org/cleanmanual.shtml) (CCDP 10.6(c)). 4.San Diego Bay is a federally designated No Discharge Zone. The District shall ensure that District-leased facilities are adequately informing their boater tenants of their responsibilities regarding the discharge of sewage and are providing information to boaters on ways to anonymously report violators (CCDP 10.6(d)). a.Consider the use of dye tablets in boat waste holding tanks. If a boat illegally discharges any of its holding tanks, the dye is immediately visible in the surrounding water. 5.The District shall adopt an addendum to leasing agreements for boating facilities that specifies actions that should be taken to protect water qual- ity. This addendum should reflect applicable water quality laws and reg- ulations pertaining to San Diego Bay (CCDP 10.6(e)). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 571 C.Comply with the Ports In-Water Hull Cleaning regulations (Port 2013b). D.Encourage boaters to convert copper hull paints to alternative hull paints. A study conducted by the Port concluded that alternative hull paints are envi- ronmentally friendly, work well and can save money over the long term as they last longer than copper hull paints. The Port provides recommenda- tions for a number of alternative hull paints, based on this research and boat type and use (Port 2013a). I.A maximum of three fireworks events can be held, outside of California least tern nesting season (March 15 through August 31) except 4th of July, which may be allowed if in full regulatory compliance and if nesting colonies are monitored during the event with any impacts reported to the Wildlife Advisory Committee, so they can be addressed. All shows must comply with all applica- ble water quality and species protection regulations. All shows must be consis- tent with policies, goals, and objectives in the NRMP (Settlement Agreement 4.9.2; MMRP 4.8-6). II.Encourage visitors to the CVBMP area to walk, bike, carpool or use public transportation to reach the area. See Section5.0:Maximum Ecosystem Ser- vices in the Built Environment and Open Space. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 572 Enforcement. Goal quality. All new development shall be designed and managed to minimize the introduction of pollutants into coastal waters to the maximum extent practicable and minimize increases in peak runoff rate and volume to avoid detrimental water quality impacts caused by excessive erosion or sedimentation (CCDP 13.2(c), 13.2(d)). I.Provide protection and setbacks to wetland and aquatic habitats designated as ESHAs as stipulated in CCDP 5. See Section2.0:Sustainable and Improved Native Habitats and Communities, and Section4.0:A Wildlife Friendly Urban-Wildland Interface. II.Channelizations or other substantial alterations of streams shall be prohibited except for: 1) necessary water supply projects where no feasible alternative exists; 2) flood protection for existing development, where there is no other feasible alternative; and 3) the improvement of fish and wildlife habitat. Any channelization or stream alteration permitted for one of these three purposes shall minimize impacts to coastal resources, including the depletion of groundwater, and shall include maximum feasible measures to mitigate unavoidable impacts. Bioengineering alternatives shall be preferred for flood protection over hardŽ solutions such as concrete or riprap channels (CCDP 14.6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 573 ÑStream bed alteration to bay and ultimately the ocean.Ò - III.Include site design best management and Low Impact Development (LID) practices, where feasible, in all developments (CCDP 13.2(e)) to minimize risks from run-off to marine, estuarine and marsh habitats. A.Retain stormwater on-site as much as possible, and encourage infiltration. B.Incorporate design features for harvesting rainwater and stormwater to help meet irrigation needs to the extent feasible and cost-effective. See also Association Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space. IV.Minimize impervious surfaces in new development, especially directly con- nected impervious areas. Where feasible, increase the area of pervious surfaces in redevelopment (CCDP 13.2(g)). V.Minimize the land disturbance activities of construction (e.g., clearing, grad- ing, and cut-and-fill), especially in erosive areas (including steep slopes, unsta- ble areas, and erosive soils), to avoid detrimental water quality impacts caused by increased erosion or sedimentation (CCDP 13.2(i)). VI.Minimize erosion, sedimentation, and polluted runoff from construction- related activities of development, to the maximum extent practicable (CCDP 13.2(h)). Incorporate soil stabilization BMPs on disturbed areas as soon as fea- sible (CCDP 13.2(i)). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 574 VII.Prior to issuance of a grading, excavation, dredge/fill, or building permit for any parcel, the applicant shall submit a Spill Prevention/Contingency Plan for approval by the Port or City as appropriate. Among other elements, the plan shall ensure that hazardous or potentially hazardous materials used or gener- ated during the construction and operation of any project as part of the Pro- posed Project shall be handled, stored, used, and disposed of in accordance with NPDES permitting requirements and applicable federal, state, and local policies (MMRP 4.5-3). VIII.Prior to the commencement of in-water construction for all phases of devel- opment, the Port or Port tenants shall adhere to regulatory requirements, including the use of BMPs, which shall include use of silt curtains during all sediment suspension activities (MMRP 4.5-5). A.Prior to issuance of a grading permit for marina redevelopment, the devel- oper shall submit a work plan for approval by the RWQCB and Port/City that requires the implementation of BMPs, including the use of silt curtains, during in-water construction, to minimize sediment disturbances and con- fine potentially contaminated sediment if contaminated sediment exists. If a silt curtain is necessary, it shall be anchored along the ocean floor with weights and anchored to the top with a floating chain of buoys. The curtain shall wrap around the area of disturbance to prevent turbidity from traveling outside the immediate project area. Once the impacted region resettles, the curtain(s) shall be removed. If the sediment would be suitable for ocean disposal, no silt curtain shall be required. However, if contaminants are actually present, the applicant would be required to pro- vide to the RWQCB and Port/City an evaluation showing that the sediment would be suitable for ocean disposal (MMRP 4.5-4). IX.Where possible, minimize increased flow rates and durations likely to cause increased erosion of channel beds and banks, sediment pollutant generation, or other impacts to beneficial uses and stream habitat, due to increased erosive force. X.Implement the requirements of Hydromodification Management Plan (County of San Diego 2011) developed pursuant to the Municipal Permit, as required (CCDP a 13.2(f)). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 575 ÑWhat happens in the watershed A.Where applicable, implement hydromodification mitigation measures so that post-project runoff flow rates and durations do not exceed pre-project flow rates and durations, where such increases would result in an increased potential for erosion or significant impacts to beneficial uses, per the RWQCB Order No. R9-2013-0001 (refer to Section 3.2: Watershed Approach). Such mitigation can provide: demonstration of no post-project increase in peak flow rates as compared to pre-project conditions; installa- tion of practices, such as bioretention facilities, to control runoff flows and durations from new impervious areas; flow duration control basins; and in- stream rehabilitation controls to demonstrate that projected increases in runoff peaks or durations would not accelerate erosion. See also Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space. I.All new development shall design, construct and maintain any required treat- ment control BMPs (or suites of BMPs) so that they treat, infiltrate, or filter the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, 1-hour storm event (with an appropriate safety factor of 2 or greater) for flow-based BMPs (CCDP 13.2(k)). A.Ensure the long-term viability of built and management strategies for stormwater treatment. As part of this, the Port/City will utilize as appropri- ate the California Coastal Commissions Sea Level Rise Guidance docu- ment. II.Where necessary and feasible, select treatment BMPs to collect runoff from sur- rounding impervious surfaces to allow for sediment settling and to reduce the neg- ative impacts of bacteria, metals, pesticides/fertilizers, floating debris and trash. Treat urban runoff at priority locations, including former power plant lands and J Street. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 576 III.New runoff treatment infrastructure can be located and designed to facilitate routine maintenance with minimal disturbance to native flora and fauna. A.Provisions for access for non-destructive maintenance and removal of litter and excess sediment will be integrated into these facilities (Settlement Agreement 4.6.1; CCDP 13.1). B.In areas that provide for the natural treatment of runoff, a plant palette of bulrush, mulefat, willow, and the like are permissible (Settlement Agree- ment 4.6.1; CCDP 13.1). Refer to Appendix F:Comprehensive Plant List for recommendations on grass and grass-like aquatic emergent vegetation suitable for such purposes. C.Vegetation-based storm water treatment facilities, such as natural berms, swales, and detention areas are appropriate uses for Buffer Areas so long as they are designed using native plant species and serve dual functions as habitat areas (Settlement Agreement 4.6.1). D.Long-term, ongoing maintenance responsibility and mechanisms will be required for all post-construction BMPs and flow control facilities. If not properly designed or maintained, hydromodification flow control devices may create a habitat for vectors, such as mosquitoes or rodents (County of San Diego 2011). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 577 IV.Fine trash filters are required for all storm drain pipes that discharge toward WHAs (Settlement Agreement 4.6.4; CCDP 13.7; MMRP 4.8-6). A.Storm water and non-point source urban runoff into WHAs must be moni- tored and managed so as to prevent unwanted ecotype conversion or weed invasion. A plan to address the occurrence of any erosion or type conversion will be developed and implemented, if necessary. Monitoring will include an assessment of stream bed scouring and habitat degradation, sediment accu- mulation, shoreline erosion and stream bed widening, loss of aquatic spe- cies, and decreased base flow (Settlement Agreement 4.6.2; CCDP 13.4). V.Water quality features required to support new development shall not be con- structed in wetland buffers (CCDP 3.1). monitoring. VI.Provide opportunities for on-site education on stormwater treatment to emphasize the CVBMP project footprint as a place of stewardship (See Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space and Section6.0:Education to Inspire and Promote the Human Experience of Nature). Goal I.As part of the IPM, review new herbicide products before use. II.Stormwater basins may be used to minimize pathways of migration or spread. III.Parcels contaminated with hazardous materials will be remediated to levels adequate to protect human health and the environment (Settlement Agree- ment 8; CCDP 16.1). remediation. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 578 IV.As part of watershed partnerships, work with upstream partners to prevent con- taminants from reaching the CVBMP footprint. I.Educate boaters with regard to invasive species introductions whenever possi- ble. See Chapter 6 Education. II.Provide early detection with rapid response within the CVBMP area. A.Coordinate with the CDFW and other partners to provide a means for early detection of invasive species similar to that used for detecting the invasive algae Caulerpa. B.Coordinate with the CDFWs Draft Statewide Rapid Response Plan for con- trolling the spread of invasive species (Appendix A of California Depart- ment of Fish and Game 2008). C.Encourage the formation of volunteer efforts to identify and respond to (including the removal of) new infestations of invasive species at their first appearance. III.Prior to commencement of any in-water development that involves distur- bance of the subtidal water bottom, surveys will be done of the project area and a buffer area to determine the presence of the invasive alga Caulerpa taxifolia. The survey protocol shall be prepared in consultation with the RWQCB, the CDFW, and the National Marine Fisheries Service (CCDP 25.3). IV.Provide support for sustainable, long term resistance to invasion through inte- grated planning and restoring of natural habitat resilience to non-native organ- isms whenever possible. Design structures for natural habitat resilience to invasion by minimizing hardened structures that provide substrate for species that are not native to the bay. Determine the propensity of hardened structures to harbor invasive species and measures to prevent or control. V.Provide support for programs and resources through alliances and partnerships with others to achieve early and efficient detection. Align with water quality education and outreach. Ensure the work undertaken is consistent with strate- gies in the CDFW Aquatic Invasive Species Plan (2008). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 579 Avoiding and minimizing disturbance to native wildlife in the CVBMP project footprint and WHAs cuts across the entire spectrum of activities from construction and design of the development to its management and use. All areas within the CVBMP footprint contribute to sustaining and protecting wildlife from new and increased uses, ranging from the built environment to the designated WHAs. To achieve this, innovative measures are proposed in built environment design, park design and maintenance, and public use management. Physical protective measures (e.g., buffers and fencing) are complemented by clear management direc- tives and reinforced through comprehensive public education and enforcement in a wide variety of formats. The goal is to accommodate the transformation of the CVBMP project footprint the increased and responsible use the new developments will attract, while preserving and sustaining the unique wildlife communities and habitats of south San Diego Bay. This Chapter is organized as follows: 4.2 Use of Buffers to Protect Sensitive Habitat Objective 4.2-1 Buffers and fencing ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 580 4.3 Low Impact Uses Objective 4.3-1 Low impact recreation Objective 4.3-2 Reduce impacts from marine recreation 4.4 Construction and Maintenance Impacts Objective 4.4-1 Minimize maintenance needs through design Objective 4.4-2 Permitting, conservation measures, and monitoring 4.5 Management of Operational and Construction Noise Objective 4.5-1 Fireworks shows Objective 4.5-2 Operation and maintenance noise Objective 4.5-3 Construction noise 4.6 Management of Predators, Pests, and Pets Objective 4.6-1 Management by design, education, and control measures Objective 4.6-2 Adaptive predator and pest management Objective 4.6-3 Managing impacts from pets 4.7 Trash Management Objective 4.7-1 Meeting trash management needs Objective 4.7-2 Discouraging pests and predators 4.8 Design of the Built Environment Objective 4.8-1 External lighting Objective 4.8-2 Avoiding bird strikes and disorientation Objective 4.8-3 Bird strikes monitoring and education Goal measures. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 581 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 582 The CVBMP area contains Buffer Areas along the shoreline within the Sweetwater and Otay Districts as well as buffers around sensitive resources within the project footprint. The purpose of the shoreline Buffer Areas (no touch,Ž limited use,Ž and transitional useŽ) is to preserve and protect the adjacent Sweetwater Marsh Wildlife Refuge and the J Street Marsh and wildlife reserve from planned development and to provide a gradual transition from undeveloped native landscape to developed areas (refer to Map2-1). The purpose of the buffers around sensitive resources found within the project footprint is to protect them from both development and use impacts of the CVBMP area. Addi- tional details for the design and permitted uses of each type of buffer are provided below as well as in Section2.0:Sustainable and Improved Native Habitats and Communities. I.All buffers shall be established and maintained by the Port/City (MMRP 4.8-6). II.All boating, human, and pet intrusion must be kept away from F&G Street channel mouth and marsh (Settlement Agreement 4.11.1; CCDP 10.1). III.New development shall be sited and designed to avoid impacts to ESHAs. ESHAs shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Develop- ment in areas adjacent to ESHA, parks, and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas (CCDP 5.10). ESHAs are defined in CCDP 5.9. IV.Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and pro- vide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect (CCDP 5.14). A.All buffers around (non-wetland) ESHA shall be a minimum of 100 feet in width, or a lesser width may be approved by the District if findings are made that a lesser buffer would adequately protect the resource. However, in no case can the buffer size be reduced to less than 50 feet (CCDP 5.15). B.Habitat buffers shall include a 100-foot-wide buffer from the seasonal pond (SP-2) within the Sweetwater District, a 400-foot wide combined buffer in the Sweetwater District, and a minimum 100-foot buffer in the Otay District (Settlement Agreement 4.4.3; CCDP 5.8, 14.3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 583 C.No-Touch Buffer Areas will be defined as described in MMRP Exhibit 2 (Set- tlement Agreement 4.1.3; CCDP 5.1; MMRP 4.8-7). This includes the first 200 feet of buffer areas adjacent to sensitive habitats, or full width in the case of reduced buffer areas. They will not contain any trails or overlooks (MMRP 4.8- 6). Refer to Map2-1. D.On Parcel S-4, fencing of the 100-foot buffer on the north side of the parcel is required prior to any physical alterations of the site. Also, at the time the project specific development is proposed on parcels S-4 and S-1, shading impacts, appropriate setbacks, step backs, and/or height reductions, will be analyzed as part of the necessary subsequent environmental review for those projects (Settlement Agreement 4.4.4; CCDP 14.4). V.Active recreation and construction of any road (whether paved or not) are pro- hibited in the No-Touch Buffer Areas, Transition Buffer Areas,Ž and Limited Use Buffer AreasŽ as defined in MMRP Exhibit 2, with the exception of existing or necessary points required for maintenance (Settlement Agreement 4.1.4; CCDP 5.2; MMRP 4.8-7). A.In addition, roads should be sited as far from Buffer Areas as possible. Refer to Section2.0:Sustainable and Improved Native Habitats and Communities for additional strategies for managing habitat values and sea level rise adaptation benefits of Buffer Areas. VI.Measures including, but not limited to, signage, placement of boardwalks, and limited fencing shall be implemented as necessary to protect ESHA (CCDP 5.16). VII.Permanent fencing: prior to approval of landscape plans, a conceptual site plan or fencing plan shall be submitted to the Port or City, as appropriate, for review and approval to ensure areas designated as sensitive habitat are not impacted. Fencing shall be provided within the buffer area only, and not in sen- sitive habitat areas (MMRP 4.8-6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 584 A.In Buffer Areas, fencing provided should be hidden, as much as possible or feasible, by vegetation or contouring (see Figure4-2). Consider layers of fencing, where feasible and most effective. VIII.Fencing should be sufficient to protect the No-Touch Buffer Areas from impacts of the CVBMP project. This includes, but is not limited to fencing to protect the Sweetwater Marsh and Sweetwater parcel tidal flats, the J Street Marsh next to the San Diego Bay NWR, and the north side of parcel H-3 (Set- tlement Agreement 4.1.5; CCDP 5.3; MMRP 4.8-7). IX.No-Touch Buffer Areas will contain fencing designed specifically to limit the movement of domesticated, feral, and nuisance predators (e.g., dogs, cats, skunks, opossums, and other small terrestrial animals \[collectively, Preda- torsŽ\]) and humans between developed park and No-Touch Buffer Areas and WHAs (Settlement Agreement 4.1.3; CCDP 5.1; MMRP 4.8-7). A.The fence will be a minimum 6-foot high, black vinyl chain link fence or other equally effective barrier designed to take into consideration public views of the Bay and the need to protect natural resources (built to specifications described in EIR) (Settlement Agreement 4.1.3; CCDP 5.1; MMRP 4.8-7). B.Fence design may include appropriate locked access points for mainte- nance and other necessary functions. Installation of the fence will include land contouring to minimize visual impacts of the fence (Settlement Agreement 4.1.3; CCDP 5.1; MMRP 4.8-7). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 585 C.The installation of such fencing in Sweetwater and Harbor Districts must be completed prior to the issuance of Certificates of Occupancy for devel- opment projects on either Parcel H-3 or H-23 (or the first buildings con- structed in Phase I) and in conjunction with development or road improvements in the Sweetwater District (Settlement Agreement 4.1.3; CCDP 5.1; MMRP 4.8-6 and 4.8-7). D.Fencing should not promote raptor or other predator perching and should comply with such strategies in Section4.6:Management of Predators, Pests, and Pets. X.Temporary fencing: Prior to issuance of any clearing and grubbing or grading permits, temporary orange fencing shall be installed around sensitive biologi- cal resources on the project site that will not be impacted by the Proposed Proj- ect. Silt fencing shall also be installed along the edge of the San Diego Bay NWR during grading within the western portion of the ecological buffer. In addition, the applicant must retain a qualified biologist to monitor the installation and ongoing maintenance of this temporary fencing adjacent to all sensitive habi- tats. This fencing shall be shown on both grading and landscape plans, and installation and maintenance of the fencing shall be verified by the Port's or City's Mitigation Monitor, as appropriate (MMRP 4.8-6). XI.Additional controls and strategies restricting movement of humans and preda- tors into sensitive areas beyond the boundaries of the designated buffer areas may be developed (Settlement Agreement 4.1.6; CCDP 5.4). See strategies identified in Section 4.6: Management of Predators, Pests, and Pets. A.Enforcement personnel should be trained in the importance of preventing human and pet encroachment in these areas. B.Consider planting and cultivating native plants in the Buffer Areas that can contribute to reducing human and predator or pest intrusion into them and other sensitive wildlife habitats. C.Appropriate signage will be installed adjacent to sensitive habitats and buffer areas to discourage public access and provide contact information for the Har- bor Police to report trespassing within the sensitive areas (MMRP 4.8-6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 586 XII.Recreational Vehicle Parks within the CVBMP footprint are required to install fencing or other barriers sufficient to prevent passage of predators, \[pets\], and humans into sensitive adjacent habitat (Settlement Agreement 4.1.7; CCDP 5.5; MMRP 4.8-7). A.Identify and require, if needed, additional management strategies to protect wildlife values in the Sweetwater NWR and J Street Marsh (in Otay Dis- trict), adjacent to the Recreational Vehicle parks. XIII.Protection of ESHA and public access shall take priority over other develop- ment standards and where there is any conflict between general development standards and ESHA and/or public access protection, the standards that are most protective of ESHA and public access shall have precedence (CCDP 5.18). XIV.For required development standards that are not related to ESHA protection (street setbacks, height limits, etc.), modifications shall be permitted where necessary to avoid or minimize impacts to ESHA (CCDP 5.17). Also refer to the detailed depiction of regulated uses of the Buffer Areas in the Sweetwater District (Figure4-1). Goal habitats. I.Park designer will consider designating and/or creating areas in the CVBMP footprint, appropriate for passive recreation and visitor interaction with nature, so that potential negative impacts to wildlife from these activities are contained and minimized. A.Consider designing and managing specific areas within Signature Park to bring nature to the peopleŽ by allowing hands-on play and interaction with habitats (Appendix B:Ecosystem-Based Management and Ecosys- tem Services and Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 587 B.Fishing and other resource uses, where permitted within the CVBMP foot- print, should remain low impact and regulated by appropriate agencies (e.g., CDFW). C.New access-ways and trails located within or adjacent to ESHA shall be sited to minimize impacts to ESHA to the maximum extent feasible. Public access- ways and trails are considered resource-dependent uses (CCDP 5.16). II.No hunting is permitted. III.Collection of native plant materials is only allowed where expressly permitted; specific descriptions and instructions on plant collections will be detailed and, where applicable, educational signage will be present. IV.Design walkways, paths and overlooks near the WHAs outside of the No- Touch Buffer Areas in accordance with the Settlement Agreement 4.2; CCDP 11.1, and MMRP 4.8-7. (See also Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space). A.Alignment, design, and general construction plans of walkways and over- looks will be developed to minimize potential impacts to WHAs (Settle- ment Agreement 4.2.1, CCDP 11.1(a)). B.Path routes will be sited with appropriate setbacks from WHAs (Settlement Agreement 4.2.2, CCDP 11.1(b)). C.Paths running parallel to shore or marsh areas that could cause or contrib- ute to bird flushing will be minimized throughout the CVBMP project (Settlement Agreement 4.2.3, CCDP 11.1(c)). D.Design walkways and overlooks to minimize and eliminate, where possible, perching opportunities for raptors and shelter for skunks, opossums or other predators (see also Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space) (Settlement Agreement 4.2.4, CCDP 11.1(d)) E.Walkways and overlooks that approach sensitive areas will be blinded, raised, or otherwise screened so that birds are not flushed or frightened. In general, walkway and overlook designs will minimize visual impacts on the WHAs of people on the walkways (Settlement Agreement 4.2.5, CCDP 11.1(e)) above. I.NRMP management objectives for WHAs promote the protection of nesting, foraging, and rafting wildlife from disturbance (Settlement Agreement 3.2.3, CCDP 1.3(d), and MMRP 4.8-7). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 588 II.As feasible, take necessary action to protect biological use and values of F&G Street marsh, J Street marsh, and other marine areas identified as important for resting and migrating birds from frequent disturbance to avoid reducing birds' ability to recover and successfully return to nesting and breeding grounds. III.Water areas will be managed with enforceable boating restrictions (Settlement Agreement 4.11.2; CCDP 10.2; MMRP 4.8-6). A.No boating is allowed in the vicinity of J Street Marsh or east of the naviga- tion channel in Sweetwater District during fall and spring migration and during the winter season when flocks of birds are present (Settlement Agreement 4.11.3; CCDP 10.2; MMRP 4.8-6). B.No boating is allowed in the F&G Street channel mouth and marsh (Settle- ment Agreement 4.11.1; CCDP 10.1; MMRP 4.8-6). 1 C.All rentals of personal water craft (PWC) are prohibited in the Chula Vista Bayfront (Settlement Agreement 4.11.4; CCDP 10.3; MMRP 4.8-6). D.Use of PWCs is prohibited in WHAs, subject to applicable law (Settlement Agreement 4.11.5; CCDP 10.4; MMRP 4.8-6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 589 E.A five mile per hour speed limit will be enforced in areas other than the navigation channels (Settlement Agreement 4.11.6; CCDP 10.5; MMRP 4.8-6). Signage indicating the speed limit should be placed in appropriate areas. Consider installing no wakeŽ buoys in strategic areas. F.Special exceptions to these restrictions may be made for bona fide research, law enforcement, or emergency activities (Settlement Agreement 4.11.7; MMRP 4.8-6). G.The District will exercise diligent and good faith efforts to enter into a coop- erative agreement with the Resource Agencies and Coast Guard to ensure monitoring and enforcement of no-boating zones and speed limit restric- tions to prevent wildlife disturbances (Settlement Agreement 4.11.2). IV.Appropriate visual screening along shorelines in the Sweetwater and Otay Dis- tricts should be provided to minimize or avoid disruption to native wildlife. Screening to be integrated with design of Buffer Areas, including contouring anticipated for sea level rise adaptation and the placement of fencing to restrict access to sensitive WHAs. Such screening must comply with CCDP policies that regulate the preservation of harbor views and aesthetics. (See also Section4.2:Use of Buffers to Protect Sensitive Habitats). V.To protect native wildlife and habitats, protective measures for vulnerable mud- flats and marine areas (or portions of them during critical seasons) shall be estab- lished to reduce visitor intrusion into those areas. These measures include, but are 1 not limited to: A.Place buoys or other signage in the water to signal the edge of sensitive mudflats and waterfront channels as a no access area and to demarcate them from navigation channels. B.Develop a plan to avoid and minimize avian disturbance in waters where recreational watercraft are allowed. This could take the form of improving escape cover, managing many levels of use, or managing routes taken. C.Provide education to visitors to reduce bird flushing, during key seasons. Include relevant educational materials on flushing as part of kayak, fishing, and other water-based recreation rentals. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 590 Goal I.Designate specific areas of Signature Park and Otay District park according to intended intensity of public use. All areas should be self-sustaining, according to anticipated public use, and require as little maintenance as possible to achieve both public use and habitat goals. Areas zoned for more intense use would likely require more maintenance than those zoned for infrequent or less impactful use. See also Appendix B:Ecosystem-Based Management and Ecosystem Ser- vices and Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space. II.It is recommended that new runoff treatment infrastructure and drainage channels should be located and designed to replicate, to the extent feasible, natural pre-devel- opment flows, and to facilitate routine maintenance with minimal disturbance to native flora and fauna (as stipulated in RWQCB Order No. R9-2013-0001). A.Provisions for access for non-destructive maintenance and removal of lit- ter and excess sediment will be integrated into these facilities (Settlement Agreement 4.6.1; CCDP 13.1). See also Section3.0:Minimizing Harm to Neighboring Wetlands and Marine Waters. B.All activities in drainages should be evaluated for conformance with Fed- eral and State wetland permitting regulations. If required by law, federal (CWA, Section 404) and/or state (Fish and Game Code Section 1600 et seq.) permits should be obtained. III.Establish protocols for routine and emergency maintenance activities that retain habitat value and avoid the breeding season (as feasible), so that while human life, health, and safety are given precedence, sensitive resources are also protected, as in stormwater basins or treatment areas. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 591 I.Pursuant to permitting requirements of the Resource Agencies, preconstruc- tion meetings will take place with all personnel involved with the project, to include training about the sensitive resources in the area (MMRP 4.8-6). II.Clean equipment in temporary staging areas, or other designated areas in accor- dance with BMPs, prior to entering and departing the project corridor to mini- mize the spread and establishment of non-native invasive plant species. III.To the extent feasible, schedule construction activities in areas with suitable nesting habitat for migratory birds so that they begin outside of the avian breed- ing season (January 15 through August 31). This will allow any necessary habi- tat removal prior to nesting and encourage birds to selectively nest away from the construction disturbances. IV.Prior to construction in any areas with suitable nesting habitat or locations for (a) raptors (such as trees, utility poles, or other suitable structures), (b) burrow- ing owl, or (c) migratory birds, and, if grading or construction occurs during the breeding season for nesting raptors (January 15 through July 31), burrowing owl (January 15 through July 31), or migratory birds (January 15 through August 31), the project developer(s) shall retain a qualified, Port- or City- approved biologist, as appropriate (MMRP 4.8-1, 4.8-2, 4.8-3). A.The biologist will conduct a pre-construction survey for active nests or burrows. It must be conducted no more than ten calendar days prior to the start of construction, the results of which must be submitted to the Port or City, as appropriate, for review and approval (MMRP 4.8-1, 4.8-2, 4.8-3). B.If an active raptor or migratory bird nest is present, an appropriate setback distance will be determined in consultation with the applicant, Port or City, USFWS, and CDFW. The construction set back shall be implemented until the young are completely independent of the nest or the nest is relocated with the approval of the USFWS and CDFW (MMRP 4.8-1, 4.8-3). C.If an active burrowing owl burrow is detected during the breeding season of January 15 to July 31, construction setbacks of 300 feet from occupied burrows shall be implemented until the young are completely independent of the nest. If an active burrow is found outside of the breeding season, or after an active nest is determined to no longer be active by a qualified biol- ogist, the burrowing owl would be passively relocated according to the guidelines provided by the CDFW (1995) and in coordination with the CDFW (MMRP 4.8-2). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 592 V.Prior to construction or grading in any areas of suitable nesting or foraging habi- tat for light-footed clapper rail, and, regardless of the time of year, the project developer(s) shall retain a qualified biologist who shall be approved by the Port or City, as appropriate, and shall be present during removal of southern coastal salt marsh vegetation within the inlet to the F & G Street Marsh to ensure that there are no direct impacts to foraging light-footed clapper rails. If a light-footed clap- per rail is encountered, construction will be temporarily halted until the bird leaves the area of construction. The project developer(s) shall consult with the USFWS prior to impacting any areas of suitable nesting or foraging habitat for light-footed clapper rail so as not to prevent any unauthorized take of the light- footed clapper rail. Any take must be authorized by USFWS (MMRP 4.8-4). VI.A biomonitor shall be present on site during initial grubbing and clearing of vegetation to ensure than perimeter construction fencing is being maintained. The biomonitor shall also perform periodic inspections of the construction site during all major grading to ensure that impacts to sensitive plants and wildlife are minimized. Depending on the sensitivity of the resources, the City and/or Port shall define the frequency of field inspections. The biomonitor shall send a monthly monitoring letter report to the City and/or Port detailing observations made during field inspections. The biomonitor shall also notify the City and/or Port immediately if clearing is done outside of the permitted project footprint (MMRP 4.8-1, 4.8-2, 4.8-3, 4.8-4). Goal I.Per the Settlement Agreement and the MMRP of the EIR: A.A maximum of three fireworks events can be held (Settlement Agreement 4.9.2; MMRP 4.8-6). B.All shows are to be held outside of California least tern nesting season, except 4th of July fireworks show which is permitted only if it is in full reg- ulatory compliance and is accompanied by monitoring of nesting colonies during the event. Any impacts to the nesting colonies during the event would be reported to the WAG so they can be addressed (Settlement Agreement 4.9.2; MMRP 4.8-6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 593 C.All shows must comply with all applicable water quality and species protec- tion regulations and be consistent with all other goals and objectives con- tained in this NRMP (Settlement Agreement 4.9.2; MMRP 4.8-6). II.Fireworks shows should be appropriately located and timed to avoid as much disturbance to wildlife as possible. Adaptive management for placement and timing, based on monitoring results, is recommended. III.Fireworks shows are encouraged to be low-noise producing and display alti- tudes adjusted pursuant to the best available science to minimize disruption to bird species. Duration of shows should remain as short as feasible to limit the duration of potential noise impacts. Whirling, sonic booms, and similar types of fireworks are discouraged. I.Use Best Practice Designs as required to manage noise levels. The objective should be to generate the sound up instead of out and may include the following: A.Consider using temporary wall structures for large/staged events. B.Consider using temporary design structures or other innovative manage- ment techniques to protect against extreme and impulse noise that could create impacts beyond ambient noise levels. C.To manage noise levels in the Recreational Vehicle Parks, consider requir- ing the use of electrical plug-in stations, instead of generators, and imple- ment quiet hours. D.Provide sufficient space between recreational vehicle slips and campsites, where feasible, as well as native vegetation throughout the area, to dissipate and absorb noise. II.Noise levels from the following uses shall not exceed 60 dB(A) Leq. at the boundaries of the F&G Street Marsh and the J Street Marsh during the typical breeding season of January 15 to August 31 (MMRP 4.8-6): A.Loading and unloading areas; B.Rooftop heating, ventilation, and air conditioning facilities; C.Other noise-generating operational equipment (MMRP 4.8-6). When fea- sible, use non-gasoline driven equipment that produce noise levels below 60 dBA Leq., particularly near buffers and sensitive wildlife areas. III.Noise levels from use of operational and maintenance equipment adjacent to sensitive habitat areas should also be minimized, to the extent practical, during the migratory bird overwintering season. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 594 IV.General outdoor use areas (excepting the areas described above) shall not be exposed to noise levels exceeding 65 dBA Community Noise Equivalent Level. Project developers are required to submit site plans to the Director of Planning and Building of the City to demonstrate compliance. Prior to the issuance of building permits, noise barriers shall be installed to reduce sound levels below this level (MMRP 4.7-2, 4.7-6). A.While the use of glass or plexiglas as a sound barrier is permitted (per MMRP 4.7-2 and MMRP 4.7-6), use of these materials should be avoided, to the extent feasible, to reduce potential bird strikes and disorientation. No clear glass or plexiglas should be used; if glass or plexiglas is used, measures out- lined in Section4.8:Design of the Built Environment describing glass treat- ments should be required to minimize bird disorientation and mortality. V.Prior to the approval of Design Review for the Pacifica project, the applicant shall submit a design plan for the project demonstrating to the satisfaction of the City's Director of Planning and Building that the noise level from operation of mechan- ical equipment will not exceed 50 dB(A) Leq. at any property line. Noise control measures may include, but are not limited to, the selection of quiet equipment, equipment setbacks, silencers, and/or acoustical louvers. Such measures must be designed and installed so as to achieve a cumulative sound level from mechanical equipment that does not exceed 40 dB(A) at 50 feet from the building façades adjacent to Marina Parkway, Street C, and J Street or 54 dB(A) at 50 feet from the building façades facing Street A (MMRP 4.7-4). VI.Use of amplified sound equipment will be prohibited in Otay and Sweetwater District Parks (Settlement Agreement 6.7.1; CCDP 19.1 (g)(i)). VII.Amplified sound from the Harbor District should be effectively buffered or directed away from sensitive wildlife areas. I.When possible, schedule construction activities in areas with suitable nesting habitat for migratory birds so that they begin outside of the avian breeding sea- son (January 15 through August 31). This will allow any necessary habitat removal prior to nesting and encourage birds to selectively nest away from the construction disturbances. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 595 II.Construction activity noise levels adjacent to sensitive wildlife areas must not exceed 60 dB(A) Leq., or ambient noise levels if higher than 60 dB(A) during the general avian breeding season (MMRP 4.7-1, 4.7-4, 4.8-6). III.If construction does occur during the breeding season or adjacent to sensitive WHAs, the project developer(s) shall prepare and submit to the Port/City for review and approval an acoustical analysis and nesting bird survey to demon- strate that the 60 dB(A) Leq. noise level is maintained at the location of any active nest within the marsh. The analysis shall occur prior to the issuance of a building permit (or in the case of the Pacifica Project, prior to the approval of Design Review) (MMRP 4.7-1, 4.7-4, 4.7-9, 4.8-6). IV.If the noise threshold is anticipated to be exceeded at a nest location per the acoustical analysis, the project developer shall construct noise barriers or implement other noise control measures to ensure that construction noise lev- els do not exceed the threshold (MMRP 4.7-1, 4.7-4, 4.7-9). Specific noise reducing measures for F&G Street Marsh include: A.The developer of Parcel H-3 shall install and place a 20-foot-high tempo- rary noise barrier or wall along the northeast project property line and returns along the east and west property lines. This mitigation would be necessary for construction activity occurring within 800 feet of the habitat during the extended breeding season. The barrier must be of solid construc- tion, with no gaps or cracks through or below the wall, and must have a minimum density of 3.5 pounds per square foot (refer to Figure 4.7-11 of the CVBMP EIR). The barrier must block line-of-sight between the source and receiver and be long enough to prevent flanking around the ends. Prior to the start of construction, upon selection of a contractor and once specific equipment models and locations, phasing, and operational duration, etc. are known, a detailed analysis shall be conducted by the project developer and approved by the Port and/or City to determine proper placement of the temporary noise barrier (MMRP 4.7-1, 4.7-5, 4.8-6). B.The developer shall install a 3-foot-high noise barrier along the east right- of-way of E Street for the extent of the habitat (refer to Figure 4.7-12 of the CVBMP EIR). The barrier must be of solid construction, with no gaps or cracks through or below the wall, and have a minimum density of 3.5 pounds per square foot. The barrier must block line-of-sight between the source and receiver and be long enough to prevent flanking around the ends (MMRP 4.7-7). V.If noise attenuation measures, modifications to construction activities, or other methods are unable to reduce the noise level below 60 dB(A), either the developer(s) must immediately consult with the USFWS to develop a noise attenuation plan or construction in the affected areas must cease until the end of the breeding season (MMRP 4.7-1, 4.7-9, 4.8-6). VI.Construction biomonitors could monitor noise levels at construction sites to ensure compliance with noise regulations, as well as monitor any adverse response of wildlife to peak noises. VII.To avoid significant construction-related noise impacts, the following addi- tional measures shall be followed (MMRP 4.7-8): ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 596 A.Construction activity shall be prohibited Monday through Friday from 10:00 P.M. to 7:00 A.M., and Saturday and Sunday from 10:00 P.M. to 8:00 A.M., pur- suant to the Chula Vista Municipal Code Section 17.24.050 (Paragraph J). B.All stationary noise generating equipment, such as pumps and generators, shall be located as far as possible from noise sensitive receptors, as practicable. Where practicable, noise-generating equipment shall be shielded from noise sensitive receptors by attenuating barriers or structures. Stationary noise sources located less than 200 feet from sensitive receptors shall be equipped with noise reducing engine housings. Water tanks, equipment storage, staging, and warm-up areas shall be located as far from noise sensitive receptors as possible. C.All construction equipment powered by gasoline or diesel engines shall have sound control devices at least as effective as those originally provided by the manufacturer; no equipment shall be permitted to have an unmuffled exhaust. D.Any impact tools used during demolition of existing infrastructure shall be shrouded or shielded, and mobile noise generating equipment and machin- ery shall be shut off when not in use. E.Construction vehicles accessing the site shall be required to use the shortest possible route to and from Interstate 5, provided the route does not expose additional receptors to noise. F.Construction equipment shall be selected as those capable of performing the necessary tasks with the lowest sound level and the lowest acoustic height possible to perform the required construction operation. G.Construction equipment shall be operated and maintained to minimize noise generation. Equipment shall be kept in good repair and fitted with manufacturer recommendedŽ mufflers. Goal . I.Reduce the attractiveness of urban interface areas to generalist and disturbance- tolerant pest species that displace native fauna through predation, competition, or other means. II.Design and implementation of physical exclusion, targeting unwanted preda- tors, should be as passive as possible. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 597 III.Assure that all aspects of NRMP implementation do not foster a predator man- agement problem. IV.In landscape design and maintenance plans, minimize, to the extent possible, perches that provide potential line of sight to sensitive WHAs for predatory rap- tors, while staying consistent with a natural sense of place. A.Vegetation growth in Buffer Areas and other relevant areas of the CVBMP should be restricted, as feasible, to prevent line of sight perches to the salt marsh/tidal habitats and shoreline. 1.For example, no trees will be planted in the No-Touch Buffer Areas or directly adjacent to a NWR, J Street Marsh, or SP-2 areas where there is no Buffer Area (Settlement Agreement 4.7.4; CCDP 6.1(d); MMRP 4.8- 6). However, trees are specifically permitted in the Harbor District per CCDP 23.1 and 23.12. B.All buildings, signage, walkways, overlooks, light standards, roofs, balconies, ledges, and other structures that could provide line of sight views of WHAs will be designed in a manner to discourage their use as raptor perches or nests (Settlement Agreement 4.3.4; CCDP 12.1(d)). The following design criteria will be identified in the CVBMP master landscape plan and incorpo- rated into all building/structure and landscape plans with line of sight views to sensitive WHAs (MMRP 4.5-1, 4.8-7, 4.8-6): 1.Light posts shall have anti-perching spike strips along any portions that would be accessible to raptors (MMRP 4.5-1, 4.8-7, 4.8-6). 2.The top edge of buildings shall be rounded with sufficient radius to reduce the amount of suitable perching building edges (MMRP 4.5-1, 4.8-7, 4.8-6). 3.If building tops are hard corners, spike strips shall be used to discourage raptors from perching and building nests (MMRP 4.5-1, 4.8-7, 4.8-6). 4.Decorative eaves, ledges, or other protrusions shall be designed to dis- courage perching by raptors (MMRP 4.5-1, 4.8-7, 4.8-6). 5.To the extent practicable, buildings on Parcels S-1, S-4, and S-2 will be ori- ented to reduce raptor perches within the line of sight to adjacent sensitive habitats (MMRP 4.5-1, 4.8-7, 4.8-6). 6.All predator exclusion devices will be checked and cleaned, repaired, or replaced as needed following site inspections. MMRP. V.Predator and pest attraction and trash management shall be addressed for all areas of the CVBMP project by identifying clear management measures and restrictions. Examples include design of trash containers, including those in park areas and commercial dumpsters, to be covered and self-closing at all times, design of con- tainment systems to prevent access by sea gulls, rats, crows, pigeons, skunks, opos- sums, raccoons, and similar animals and adequate and frequent servicing of trash receptacles (Settlement Agreement 4.3.3; CCDP 12.1(c); MMRP 4.5-1, 4.8-7). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 598 MMRP. A.The Port is to prepare a Predator, Pest, and Trash Management and Imple- mentation Plan with clear management measures and restrictions, prior to the opening of the first park or project. Refer to measures presented in Section4.7:Trash Management. VI.Potentially partner with agencies and organizations to prevent the establish- ment of feral animal colonies through management and monitoring. Remove feral animals that establish in the area. A.The parks will include enforcement signage that prohibits tenants, employ- ees, residents, or visitors from feeding or encouraging feral cat colonies and prevents feral cat drop-off or abandonment of pets or unwanted ani- mals (Settlement Agreement 6.6; CCDP 19.1 (f)). B.Integrate other programs and materials as appropriate to educate the public about feral cat and dog prevention and management to promote synergy of efforts. For example, use American Bird Conservancy materials or National Audubon Society materials to provide education on the potential impact to native species. C.Coordinate with other jurisdictions, as appropriate, to address adjacent cat colonies that affect native wildlife in the CVBMP footprint. I.Year-round, funded predator management will be implemented for the life of the Chula Vista Bayfront project with clearly delineated roles and responsibilities for the District, City, and Resource Agencies. The primary objective of such provisions will be to adequately protect terns, rails, plovers, shorebirds, over-wintering spe- cies, and other species of high management priority as determined by the Resource Agencies (Settlement Agreement 4.3.1; CCDP 12.1(a); MMRP 4.5-1, 4.8-7). A.Continue current predator and pest management activities in concert with those required or recommended below. Currently, control actions are taken to protect the California least tern nesting colony located within Port jurisdiction and as necessary to respond to observed pest or predator problems within other areas of Port jurisdiction (E. Maher, pers. com. 2013). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 599 B.Identify problem areas and effective prevention and control strategies, partic- ularly for pigeons, rats, opossums, skunks, mice, and cats, among other pests. Provisions for predator management should build on existing predator man- agement reports to establish a baseline for the level of effort and location. C.Measures installed to discourage perching and nesting of predators in areas with line of sight views to sensitive WHAs should be inspected as feasible to assess their effectiveness and to maintain them in good working condition. If some measures prove ineffective even when in good working condition, alternatives should be considered and implemented. D.Regular foot patrols and tracking techniques will be utilized to find and remove domestic or feral animals (Settlement Agreement 4.3.2; CCDP 12.1(b); MMRP, 4.8-7). E.Review design options to include strategic sites within the CVBMP foot- print where predator management staff can perform their work effectively in a manner that does not interface with the general public. Predator man- agement should be as humane as possible. F.Enforce no feeding of wildlife and feral animals (CCDP 19.1(f)). 1.Educate visitors on this policy. Interactive educational programs should consider incorporating information on the importance of not feeding the wildlife. II.Prior to the issuance of a CCDP, the project developer shall prepare a raptor nest management plan to be implemented once the project is built (MMRP 4.8- 6). A biologist retained by the project developer and approved by the Port and/or City shall be responsible for: A.Monitoring the buildings and associated landscapes to determine whether raptor nests have been established on Port or City lands within 500 feet of the Preserves. If a nest is discovered, the nest would be removed in consul- tation with USFWS, CDFW, and the Port/City, outside of the raptor breed- ing season of January 15 to July 31 (MMRP 4.8-6). B.Monitoring raptor non-native prey populations such as rats, mice, and pigeons, as feasible. In the event that pest populations should increase as a result of raptor deterrence, a biologist in consultation with USFWS, CDFW, and the Port/City should develop a control plan for the pest populations that will not harm desired wildlife species. III.If rodenticides are required for pest control as part of IPM, they should be used in a manner that contains the target animal after ingestion so that they cannot be preyed on by other animals and result in secondary poisoning. This will help avoid harm to higher trophic levels through bioaccumulation, including raptors. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 600 I.Pets will be kept away from F&G Street channel mouth and marsh (Settlement Agreement 4.11.1; CCDP 10.1; MMRP 4.8-6) II.In all areas of the CVBMP project, especially on the foot path adjacent to the marsh on the Sweetwater District property, mandatory leash laws shall be enforced. Appropriate signage shall be posted indicating human and domestic animal access is prohibited within the designated Preserve areas (MMRP 4.8- 6). Enforcement to be the responsibility of the Port and City. A.Dogs will be leashed at all times except in any designated and controlled off- leash areas (Settlement Agreement 4.1.8; CCDP 5.6; MMRP 4.8-7). Leash-free areas are prohibited near Sweetwater and Otay District buffers (Settlement Agreement 6.6; CCDP 19.1(f)). B.Consider developing a residential dog park in the Harbor District (north of J 1 Street), on land outside of Port jurisdiction. A potential location could include the area of residential development in the Harbor District, on land owned by the City of Chula Vista or within the Pacifica project area. C.Dogs shall not be allowed on any trails in Buffer Areas unless under the owners control and held on a leash, due to potential for disturbance to native species. D.Docents should help orient and instruct visitors with pets regarding pet poli- cies, areas where pets are not permitted, and any designated leash-free areas. E.Educational signage should be provided to communicate the reasoning for leash-required and leash-free areas. F.Strict enforcement of leash laws and disposal of pet waste in accordance with existing regulations will be pursued. III.Dog waste baggie stations and trash receptacles should be placed strategically throughout the CVBMP project footprint, particularly along the promenade and in the parks. Baggie stations should be refilled frequently. IV.All resident cats will be kept indoors at all times (Settlement Agreement 4.1.9; CCDP5.7; MMRP 4.8-7). V.Encourage pet owners living within the CVBMP to microchip their pets; such identification helps to reunite lost pets with their owners. VI.Residential developments are required to provide education to owners and/or renters regarding the rules and restrictions regarding the keeping of pets (Set- tlement Agreement 4.1.9; CCDP 5.7; MMRP 4.8-7). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 601 Goal I.Easily accessible trash cans and recycling containers are provided in public areas and are adequate to handle the volume of trash or recycled materials received (MMRP 4.6-6, 6.8-3, 4.8-6). In particular, containers will be placed along all walking and bike paths and shop walkways. Trash shall be emptied daily or more often if required during high use periods (MMRP 4.8-6), as is currently standard operating procedure for public spaces under Port jurisdic- tion (E. Maher, per. com. 2013; CCDP 1.4). II.Buildings and stores shall have large dumpsters in a courtyard or carport that is bermed and enclosed. This ensures that, if stray trash falls to the ground during collection, it does not blow into the Bay or marshes (MMRP 4.8-6). III.Interior and exterior storage areas are provided for recyclables and green waste (MMRP 4.6-6, 6.8-3). IV.Identify green waste composting station(s) to facilitate re-use of materials on site and to reduce trash sent to landfills (see also Section3.2:Watershed Approach and Section5.0:Maximum Ecosystem Services in the Built Environ- ment and Open Space). V.Establish and maintain monofilament fishing line collection areas at the pier. VI.In addition to trash can design guidelines provided in this section, use trash can designs that are spill resistant, discourage vandalism, are resistant to gulls and other nuisance animals, and have low maintenance and energy require- ments (one possible option is a solar-powered, compacting trash can design). VII.Litter will be prevented from being wind-blown off-site to the satisfaction of the Port/City as appropriate pursuant to their water quality technical reports (MMRP 4.5-1). A.Implement measures to collect trash, including monofilament fishing line, at in-water and shoreline areas. VIII.Construction and demolition waste is reused and recycled (including but not limited to soil, vegetation, concrete, lumber, metal, and cardboard) (MMRP 4.6-6, 6.8-3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 602 IX.Public education and other publicity campaigns are implemented on a regular basis to raise awareness about reducing waste and available recycling services (MMRP 4.6-6, 6.8-3). A.Encourage vendors to reduce the amount of packaging associated with prod- ucts or consumable items that they sell (e.g., plastic bags and Styrofoam con- tainers). Use of non-recyclable packaging should be strongly discouraged. X.Trash resulting from events will be collected and disposed of properly. XI.Illegal dumping and littering shall be prohibited within the Preserve areas (MMRP 4.8-6). XII.The project applicant shall include trash control measures as a condition of approval for Tenant Design Plan for projects within the Port's jurisdiction and as a condition of the approval of a Final Map for projects within the City's juris- diction (MMRP 4.5-1). Suitable measures are those provided in this NRMP. I.Trash management measures in the recommended Port Predator, Pest, and Trash Management and Implementation Plan (refer to Section4.6:Management of Predators, Pests, and Pets) should include, but are not limited to: A.Design of trash containers and other containment systems, including those in parks and other outdoor use areas and commercial dumpsters, to be ani- mal-proof to discourage scavenger animals from foraging in them (such as sea gulls, rats, crows, pigeons, skunks, opossums, raccoons, and similar ani- mals); this includes containers that are covered and self-closing at all times (Settlement Agreement 4.3.3; CCDP 12.1(c); MMRP 4.5-1, 4.8-6); B.Adequate and frequent servicing of trash receptacles at least as often as is necessary to prevent any overflow trash occurring (Settlement Agreement 4.3.3, 4.4.6.3; CCDP 12.1(c)). Per current standard operating procedure for public spaces under Port jurisdiction, trash is emptied daily (E. Maher, pers. com. 2013; CCDP 1.4); C.Specifications for increases in trash pickup for special events (CCDP 1.4); 1.Currently, the permit application for large events in parks within Port jurisdiction specify that the applicant must have a waste removal plan and use BMPs such as covered trash dumpsters and prompt trash removal. Fines can be assessed if additional clean-up is required after the event; D.Specifications for the frequency of emptying dog waste stations and restocking bags. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 603 E.Identifying departments and personnel etc. required for trash and pest control. Currently, control actions are taken to protect the California least tern nesting colony located within Port jurisdiction and as necessary to respond to observed pest or predator problems within other areas of Port jurisdiction (E. Maher, pers. com. 2013). F.Measures for food vendors to help manage the trash resulting from cus- tomer purchases. This could include signs encouraging customers to use trash receptacles and vendor staff clearing up trash in their service area and vicinity several times a day. II.No unattended food vending is allowed in Sweetwater and Otay District parks (Settlement Agreement 6.5; CCDP 19.1(e)). Goal I.Light impacts to WHAs will be minimized to the maximum extent feasible. A.Beacon and exterior flood lights are prohibited where they would impact a WHA and use of this lighting will be minimized throughout the project (Settlement Agreement 4.8.2; CCDP 7.2; MMRP 4.8-6). B.All roadways shall be designed, and where necessary edges bermed, to minimize penetration of automobile lights in the WHAs, subject to appli- cable City and District roadway design standards (Settlement Agreement 4.8.1; CCDP 7.1; MMRP 4.8-6). C.Ambient light impacts to the Sweetwater or J Street Marshes will be mini- mized to the maximum extent feasible (Settlement Agreement 4.8.3; CCDP 7.4; MMRP 4.8-6). D.Artificial lighting of marine areas, which may trigger altered life cycle func- tions of marine life, should be avoided. E.The height of lighting structures should be minimized in both the built envi- ronment and in Sweetwater and Otay District parks to the extent practicable. F.Where feasible, low light-emitting diode (LED) lights that are directed downward shall be used. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 604 G.Laser light shows are prohibited (Settlement Agreement 4.8.6; CCDP 7.6; MMRP 4.8-6). 1.If laser light shows are demonstrated to pose fewer impacts to sensitive wildlife than fireworks shows, reconsidering the possibility of conduct- ing them within the CVBMP footprint as an alternative to fireworks shows may require revisiting CCC approvals since the prohibition is specified in the Controlling Documents. H.Construction lighting is controlled to minimize WHAs impacts (Settle- ment Agreement 4.8.7; CCDP 7.7; MMRP 4.8-6). I.The Recreational Vehicle Parks and campground shall install and direct vis- itors to use downward focused lighting to prevent lighting impacts to sensi- tive WHAs. This practice is in line with lighting already in place at the Chula Vista Marina. II.Prior to issuance of a building permit (or the construction of parks/park ame- nities), each applicant within the Port's or City's jurisdiction shall prepare a lighting design plan including specifications for outdoor lighting locations and other intensely lighted areas, including a photometric analysis, to be reviewed by the Port or City, as appropriate. Specifications shall identify the lighting intensity needs and design light fixtures to direct light toward intended uses. Each plan shall illustrate the location of the proposed lighting standards and type of shielding measures and shall incorporate specific design features including, but not limited to the following, as appropriate to the specific loca- tions (MMRP 4.8-6, 4.9-6, 4.4-2): A.All exterior lighting (including in parking lots) shall be directed away from adjacent properties as well as the habitat buffers, Preserve Areas, habitats, or open water, wherever feasible and consistent with public safety (MMRP 4.8-6, 4.9-6). B.Where necessary, lighting of all developed areas adjacent to the habitat buf- fers, Preserve Areas, habitats, or open water shall provide adequate shield- ing with non-invasive plant materials (preferably native), berming, and/or other methods to protect the habitat buffers, Preserve Areas, habitats, or open water and sensitive species from night lighting (MMRP 4.8-6, 4.9-6). C.The light structures themselves shall have shielding (and incorporate anti- raptor perching criteria); but the placement of the light structures shall also provide shielding from wildlife habitats and shall be placed in such a way as to minimize the amount of light reaching adjacent habitat buffers, Preserve Areas, habitats, or open water. This includes street lights, pedestrian and bicycle path lighting, and any recreational lighting (MMRP 4.8-6, 4.9-6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 605 D.All exterior lighting immediately adjacent to habitat buffers, Preserve Areas, habitats, or open water shall be low-pressure sodium lighting or other approved equivalent and be low to the ground (CCDP 7.8; MMRP 4.8-6, 4.9-6). III.All street and walkway lighting will be shielded to minimize sky glow (Settle- ment Agreement 4.8.2; CCDP 7.3; MMRP 4.8-6). This includes lighting on building exteriors. IV.All event lighting shall be directed downward and shielded, unless directed downward or shielded to minimize light spill beyond the area for which illumi- nation is required (MMRP 4.4-2). V.In Sweetwater and Otay District parks, lighting will be limited to that which is necessary for security purposes (Settlement Agreement 4.8.4; CCDP 7.8; MMRP 4.8-6). A.Security lighting will be strictly limited to that required by applicable law enforcement requirements and all lighting proposed for the parks and the shoreline promenade will be placed only where needed for human safety (Settlement Agreement 4.8.4; CCDP 7.8; MMRP 4.8-6). B.Lights will be placed on low-standing bollards, shielded, and flat-bottomed, so the illumination is directed downward onto the walkway and does not scat- ter (Settlement Agreement 4.8.4; CCDP 7.8; MMRP 4.8-6). Where appropri- ate, lighting of pathways should be located in the path with low light. C.Lighting that emits only a low-range yellow light will be used to minimize eco- logical disruption (Settlement Agreement 4.8.4; CCDP 7.8; MMRP 4.8-6). D.No lighting for active sports facilities is permitted, particularly on the rec- reation fields near J Street Marsh or Sweetwater Marsh (Settlement Agree- ment 4.8.4; CCDP 7.8; MMRP 4.8-6). This also includes open areas near J Street Marsh and Sweetwater Marsh. E.The parks will open and close in accordance with District Park regulations (Settlement Agreement 4.8.5; CCDP 7.5; MMRP 4.8-6). I.Prior to issuance of any building permits, building plans shall be reviewed by a qualified biologist retained by the developer and approved by the District, to verify that the proposed building has incorporated specific design features to avoid or to reduce the potential for bird strikes, including additional measures provided under the subheadings below (CCDP 4.1; MMRP 4.8-23). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 606 II.Place power lines and electrical infrastructure underground to the extent pos- sible to achieve a goal of no bird strikes with electrical infrastructure. This will also reduce raptor perching and nesting platforms. III.Consider employing a building design and management checklist, similar to the one used by the City of San Francisco (2011), shown below. Lighting provided in and around buildings will be minimized to discourage bird attraction or disorientation (CCDP 4.1.1; MMRP 4.8-23). This includes the mea- sures specified above as well as the following: IV.No solid red or pulsating red lights shall be installed on or near the building unless required by the Federal Aviation Administration (CCDP 4.1.1(a); MMRP 4.8-23). V.Where lighting must be used for safety reasons (Federal Aviation Administra- tion 2000 Advisory Circular), minimum intensity, maximum off-phased (three seconds between flashes) white strobes shall be used (CCDP 4.1.1(b); MMRP 4.8-23 and 4.4-2). VI.No solid spot lights or intense bright lights shall be used during bird migration periods in the spring (from March to May) and fall (from August to October). All event lighting shall be directed downward and shielded, unless such directed and shielded minimized light spills beyond the area for which illumi- nation is required (CCDP 4.1.1(c); MMRP 4.8-23, 4.4-2). VII.Exterior lighting shall be limited to that which is necessary and appropriate to ensure general public safety and way finding, including signage for building identification and way finding (CCDP 4.1.1(d); MMRP 4.8-23, 4.4-2). VIII.Exterior lighting shall be directed downward and shielded to prevent upward lighting and to minimize light spill beyond the area for which illumination is required (CCDP 4.1.1(e); MMRP 4.8-23, 4.4-2). IX.Office space, residential units, and hotel rooms shall be equipped with motion sensors, timers, or other lighting control systems to ensure that lighting is extin- guished when the space is unoccupied (CCDP 4.1.1(f); MMRP 4.8-23, 4.4-2). X.Recommend daytime cleaning of offices to minimize light usage outside of business hours. XI.Office space, residential units, and hotel rooms shall be equipped with blinds, drapes, or other window coverings that may be closed to minimize the effects of interior night lighting (CCDP 4.1.1(g); MMRP 4.8-23, 4.4-2). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 607 Best practices for glass and other reflective surfaces should be used to reduce bird collisions and disorientation (see also City of San Francisco Bird-Safe Building Checklist \[2011\]). XII.Use of reflective glass or reflective coatings on any glass surface is prohibited (Settlement Agreement 4.5; CCDP 4.1.2(a); MMRP 4.8-23, 4.4-2). XIII.Buildings shall incorporate measures to the satisfaction of the District or the City to indicate to birds that the glass surface is solid by creating visual markers and muting reflection (CCDP 4.1.2(b); MMRP 4.8-23). A.Focus treatment on the first four stories or up to tree height in the sur- rounding area (City of Toronto 2007; City of Calgary 2011). The City of Portland suggests up to 40 feet (2012). XIV.Project design standards will encourage window stenciling and angling (Set- tlement Agreement 4.5.3; CCDP 4.1.2(c); MMRP 4.8-23). A.High priority should be placed on angling windows to reflect the ground, not the sky. B.Investigate the use of streamers in front of or near high-risk windows to determine if they could be an effective design element. XV.Additional measures may include, but are not limited to the following (CCDP 4.1.2(d); MMRP 4.8-23): A.Glass surfaces which are non-reflective (CCDP 4.1.2(d)(i)). B.Glass surfaces which are tilted at a downward angle (CCDP 4.1.2(d)(ii)). 1.A minimum 20 degree angle is recommended; a 40 degree angle is pre- ferred (City of Toronto 2007; City of Calgary 2011). C.Glass surfaces which use fritted or patterned glass (CCDP 4.1.2(d)(iii)). 1.Patterns applied on the outside of the glass are preferred (City of Portland 2012). D.Glass surfaces which use vertical or horizontal mullions or other fenestra- tion patterns (CCDP 4.1.2(d)(iv)). 1.City of Toronto Green Development Standard (2007) and City of Calgary (2011) recommend 10…28 centimeters maximum separation when using grills, screens, louvers, or mullions. City of Portland (2012) suggests spac- ing of 4 inch vertical x 2 inch horizontal maximum. E.Glass surfaces which are fitted with screening, decorative grills, or louvers (CCDP 4.1.2(d)(v)). F.Glass surfaces which use awnings, overhangs, bris sole, or other exterior sun-shading devices (CCDP 4.1.2(d)(vi)). G.Glass surfaces which use external films or coatings perceivable by birds (CCDP 4.1.2(d)(vii)). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 608 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 609 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 610 1.Example products include CollidEscape and ABCBirdTape. H.Artwork, drapery, banners, and wall coverings that counter the reflection of glass surfaces or block see throughŽ pathways (CCDP 4.1.2(d)(viii)). Buildings to be articulated within the CVBMP built environment such that they minimize potential for bird strikes. XVI.Structure design will include secondary and tertiary setbacks and, to the max- imum extent possible, stepped back building design, protruding balconies, recessed windows, and mullioned glazing systems, shall be incorporated to the extent feasible. Balconies and other elements will step back from the water's edge (Settlement Agreement 4.5; CCDP 4.1.3(a); MMRP 4.8-23). XVII.The tallest buildings on Parcel H-3 will be located generally on the southern portion of the parcel with building heights decreasing towards the north and west. The foregoing will not be interpreted to preclude incorporating second- ary and tertiary setbacks along public streets (Settlement Agreement 4.5.5; CCDP 23.14; MMRP 4.8-23). Hotel structures shall be no more than a maxi- mum height of 240 feet and the conference facility height is limited to a maxi- mum of 120 feet (CCDP 23.14). XVIII.Parcels containing surface parking, such as those depicted for the Sweetwa- ter District, will be designed with parking lots located nearer to the WHAs. Site plans on parcels adjacent to WHAs will maximize distance between structures and such areas (Settlement Agreement 4.5.2; CCDP 4.1.3(d); MMRP 4.8-23). XIX.Buildings shall be sited and designed to minimize glass and windows facing WHAs to the maximum extent possible. Design for towers on Parcel H-3 should avoid east-west monolith massing and should include architectural articulation (Settlement Agreement 4.5.1; CCDP 4.1.3(c) and 23.14; MMRP 4.8-23). XX.Design features that increase the potential for bird strikes, such as walkways constructed of clear glass and see throughŽ pathways through lobbies, rooms and corridors, shall be avoided except for minor features intended to enhance view opportunities at grade level and only when oriented away from large open expanses (CCDP 4.1.3(b); MMRP 4.8-23). Landscape plants used in the built environment (both within and outside of buildings) should be placed in a way as to minimize bird disorientation caused by reflection. XXI.Exterior trees and other landscape plants shall be located \[away from win- dows\] and glass surfaces shall incorporate measures so that landscape plants are not reflected on building surfaces (CCDP 4.1.4(a); MMRP 4.8-23). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 611 XXII.In small exterior courtyards and recessed areas, the building's edge shall be clearly defined with opaque materials and non-reflective glass (CCDP 4.1.4(b); MMRP 4.8-23). XXIII.Interior plants shall be located a minimum of 10 feet away from glass sur- faces to avoid or reduce the potential for attracting birds (CCDP 4.1.4(c); MMRP 4.8-23). I.For Phase I projects, the project applicant shall retain a qualified biologist to design a protocol and schedule, in consultation with the USFWS and subject to the approval of the District or City, as appropriate depending on jurisdiction, to monitor bird strikes which may occur during the first 12 months after the completion of construction. Within 60 days after completion of the monitoring period, the qualified biologist shall submit a written report to the District or the City, which shall state the biologist's findings and recommendations regarding any bird strikes that occurred. Based on the findings of those reports, the District or the City, as appropriate depending on jurisdiction, in coordina- tion with the USFWS, will evaluate whether further action is required, which may include further monitoring or redesign of structures for future phases (CCDP 4.1.6; MMRP 4.8-23). Reports will be shared with the WAG. II.Continue to monitor bird strikes throughout the life of the development. Develop measures to address persistent problem areas in accordance with this NRMP (Settlement Agreement 4.5.4; CCDP 4.2; MMRP 4.8-23) A.Nighttime lighting in tower buildings will be addressed and evaluated through adaptive management such that impacts on birds are avoided and minimized (Settlement Agreement 4.5.4; CCDP 4.2; MMRP 4.8-23). Light- ing will be screened to the maximum extent possible (see detail above). B.Minimization of impacts of buildings on birds and the WHAs will con- tinue to be a priority in the selection of window coverings, glass color, other exterior materials, and design of exterior lighting and lighting of signs (Settlement Agreement 4.5.4; CCDP 4.2; MMRP 4.8-23). C.Seek to coordinate bird strike monitoring efforts with partners and volun- teer organizations. Share monitoring results as appropriate (e.g., USFWS, CDFW, CCC, City of Chula Vista, Port, and the public upon request). III.Public education regarding the potential for and danger of bird strikes in the built environment should target tenants, residents, and visitors to the CVBMP area. Education programs and materials should be updated as needed, based on bird strike monitoring results. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 612 A.The owner or operator of each building shall implement an ongoing procedure to the satisfaction of the District or the City to encourage tenants, residents, and guests to close their blinds, drapes, or other window coverings to reduce or avoid the potential for bird strikes (CCDP 4.1.5(a); MMRP 4.8-23). B.The owner or operator of each building shall enroll in the Fatal Light Awareness Program's Bird-Friendly Building ProgramŽ and shall imple- ment ongoing tenant, resident, and guest education strategies, to the satis- faction of the District or the City, to reduce or avoid the potential for bird strikes, such as elevator and lobby signage and educational displays, e-mail alerts and other bulletins during spring and fall migratory seasons, and other activities designed to enlist cooperation in reducing bird collisions with the building (CCDP 4.1.5(b); MMRP 4.8-23). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 613 ÑEcosystem services are taken for oceans.Ò -Mike McCoy, Southwest ecosystems and the worldÔs Built environments often have a net negative impact on ecosystem services (i.e., they use more than they produce),. The purpose of this chapter is to focus attention on strategies that provide a net benefit to the environment. Maximizing ecosystem services in the built environment begins with principles of sustainable design of buildings and landscapes. Net-positive impacts to ecosystem services can be reached using green space between buildings through ecological grounds design and maintenance, stormwater retention, wildlife friendly gardens and parks, and edible gardens. Typically, development of built environments con- sumes natural resources such as forest products, agricultural land, water and air to provide for the consumption needs of inhabitants. Development and maintenance policies for municipal infrastructure, purchasing, and service delivery can have a negative impact on ecosystem services, but this need not be the case. By taking less and providing more, the balance sheet of ecosystem services consumed and pro- duced within the built environment and open space approaches neutral to positive impact as compared to the current environment. A compelling case can be made that implementation of reasonable and sustainable design, construction, and management guidelines for the built environment, prior to the initiation of the CVBMP development, can provide ecosystem services. Appropriate landscape design serves to reduce the ecological footprint of the CVBMP development as well as provide for the production of ecosystem services. Association This chapter provides goals, objectives, and strategies to achieve that end, while complying with agency requirements. Maximizing ecosystem services and natural resource protection in the CVBMP area is an overarching strategy for achieving sustainability. Effective management of the water cycle within the built environment and open space can significantly reduce the consumption of ecosystem services, while contributing to ecological and human well-being. Integration of open space with the built environment supports all residents, employees, guests and the general public and draws people to the Chula Vista Bayfront. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 614 Alternative modes of transportation reduce greenhouse gas (GHG) emissions and contribute to ecosystem services. Appropriate planning, design, and maintenance of built environment and open space landscapes maximize the production of ecosystem services. The two featured parks in Sweetwater and Otay Districts are the natural jewels of the CVBMP footprint. Parks and Buffer Areas are integral to adaptation to sea level rise. Open space, including parks and Limited Use Buffer Areas, provides for a unique sense of place. This chapter is organized in five sections: 5.2The Built Environment Objective 5.2-1Balanced ecosystem services Objective 5.2-2Efficient water use Objective 5.2-3Energy efficiency and renewable energy Objective 5.2-4Transportation 5.3Open Space Objective 5.3-1Engaging visitors in open space Objective 5.3-2Pedestrian and bicycle pathways Objective 5.3-3Viewpoints and view-sheds 5.4Landscape Design Objective 5.4-1Compliance Objective 5.4-2Wetland creation Objective 5.4-3Visual appeal Objective 5.4-4Native and local plants Objective 5.4-5Promoting pollinators Objective 5.4-6Special interest gardens 5.5Park Design and Management Objective 5.5-1Sea level rise and climate change planning Objective 5.5-2Park plant palettes Objective 5.5-3Positive interaction with nature and minimizing impacts 5.6Landscape Maintenance Objective 5.6-1Performance standards and integrated pest management Objective 5.6-2Irrigation Objective 5.6-3Invasive species management Objective 5.6-4Fertilizer use Planning, Goal ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 615 1 I.Optimize ecosystem services in the built environment by designing for LID, conservation of natural resources and ecosystem benefits (Port of San Diego Climate Action Plan 2013). II.Reduce the impacts of urban heat islands, such as parking lots, with the use of cool paving, cool roofs, shade trees and other technologies. III.Incorporate technologies that enhance water quality and improve stormwater management where appropriate and effective. These include permeable pave- ment, rooftop gardens, rain gardens and similar LID technologies. IV.Consistent with all provisions of the PMP, place new structures a sufficient distance landward or incorporate other sea level rise adaptation strategies to eliminate or minimize, to the maximum extent feasible, hazards associated with anticipated sea level rise over the expected economic life of the structure (CCDP 3.2). I.Create water-efficient landscapes (MMRP 4.6-6, 6.8-3). A.Install state-of-the-art water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls and subsurface irrigation deliv- ery systems (MMRP 4.6-6, 6.8-3). B.Use reclaimed water for landscape irrigation in new developments and on public property where appropriate. Install the infrastructure to deliver and use reclaimed water (MMRP 4.6-6, 6.8-3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 616 C.Incorporate a network of rainwater harvesting structures such as rain bar- rels or cisterns to collect rooftop rainwater, to maximize its reuse for main- tained landscapes. II.Design buildings to be water efficient (MMRP 4.6-6, 6.8-3). A.Install water-efficient fixtures and appliances (MMRP 4.6-6, 6.8-3). B.Use gray water from on-site buildings for irrigation use. (Gray water is untreated household wastewater from bathtubs, showers, bathroom wash basins, and water from clothes washing machines. Gray water can also be treated on-site to remove undesirable contents such as soaps and detergents.) For example, install dual plumbing in all new development allowing gray water to be used for landscape irrigation (MMRP 4.6-6, 6.8-3). 1.When gray water is used for irrigation, the soil in the area being irrigated will be periodically monitored. III.Regulate watering methods (e.g., prohibit systems that apply water to non-veg- etated surfaces) and strictly control runoff (MMRP 4.6-6, 6.8-3). IV.Regulate the use of water for cleaning outdoor surfaces and vehicles (MMRP 4.6-6, 6.8-3). See also Section3.0:Minimizing Harm to Neighboring Wetlands and Marine Waters. V.Implement LID development practices that maintain the existing hydrologic character of the site to manage stormwater and protect the environment. (Retaining stormwater runoff on-site can significantly reduce the need for energy-intensive imported water at the site) (MMRP 4.6-6, 6.8-3). See also Section3.0:Minimizing Harm to Neighboring Wetlands and Marine Waters. VI.During the development planning phase, devise a comprehensive water conser- vation strategy. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate. A comprehensive strategy may also provide for a stance of readiness to adopt water recycling technologies as these become approved by local water authorities (MMRP 4.6-6, 6.8-3). VII.Take advantage of all opportunities to educate residents, employees and the public about water conservation and available programs and incentives (MMRP 4.6-6, 6.8-3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 617 ÑEnergy efficiency combined with electrical energy production.Ò - I.Prior to the issuance of certificates of occupancy or building permits, the project applicant shall demonstrate that the Proposed Project complies with the above for Title 24 of the California Energy Efficient Standards for Residential and Nonresi- dential Buildings. These requirements, along with the following measures, shall be incorporated into the final project design to the satisfaction of the Port and the Director of Planning and Building for the City (MMRP 4.16-1 through 4.16-6): A.Use of low NOx emission water heaters; B.Installation of energy-efficient and automated air conditioners when air conditioners are provided; C.Energy-efficient parking area lights; D.Exterior windows shall be double paned. II.Energy efficiency and renewable energy strategies may include, but are not lim- ited to: A.Design buildings to be energy efficient. Site buildings to take advantage of shade, prevailing winds, landscaping, and sun screens to reduce energy use (MMRP 4.6-6, 6.8-3). B.Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings (MMRP 4.6-6, 6.8-3). C.Install light colored coolŽ roofs, cool pavements, and strategically placed shade trees (MMRP 4.6-6, 6.8-3; see also 5.1, first objective II). D.Provide information on energy management services for large energy Association users (MMRP 4.6-6, 6.8-3). E.Install energy-efficient heating and cooling systems, appliances and equip- ment, and control systems (MMRP 4.6-6, 6.8-3). F.Install LEDs for traffic, street, and other outdoor lighting (MMRP 4.6-6, 6.8-3). G.Limit the hours of operation for outdoor lighting (MMRP 4.6-6, 6.8-3). H.Use solar heating, automatic covers, and efficient pumps and motors for pools and spas (MMRP 4.6-6, 6.8-3). I.Provide education on energy efficiency (MMRP 4.6-6, 6.8-3). J.Install solar and wind power systems, solar and tankless hot water heaters, and energy-efficient heating ventilation and air conditioning. Educate consumers about existing incentives (MMRP 4.6-6, 6.8-3). K.Install solar panels on carports and over parking areas (MMRP 4.6-6, 6.8-3). L.Use combined heat and power in appropriate applications (MMRP 4.6-6, 6.8-3). M.Recover by-product methane to generate electricity (MMRP 4.6-6, 6.8-3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 618 Credits towards energy reduction requirements: III.Participation in a City of Chula Vista sponsored energy efficiency program provided that the resulting energy reduction may be calculated and verified. The methodology for calculating the amount of the credit toward the mini- mum of a fifty (50) percent energy reduction requirement under the Title 24 Path and the LEED Path is described in Exhibit 3 (Settlement Agreement 15.2.2.3; CCDP 15.1(f); see Appendix G:Energy Efficiency Requirements). IV.Participation in one of SDG&E's Voluntary Demand Reduction (DR) utility rates will be awarded a waiver for three (3) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement (Settlement Agreement 15.2.2.5; CCDP 15.1(h)). V.Participation in one of SDG&E's Mandatory DR utility rates will be awarded a waiver for five (5) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement (Settle- ment Agreement 15.2.2.6; CCDP 15.1(i)). VI.Incorporation of natural ventilation into design such that at least 75% of the condition area is naturally ventilated according to the guidelines set forth in Exhibit 3 (see Appendix G:Energy Efficiency Requirements), and if this bene- fit was not included in the energy efficiency calculations, the project will be awarded either: a waiver for five (5) percent credit against the Baseline to deter- mine compliance with the minimum of a fifty (50) percent energy reduction requirement; or, a waiver for ten (10) percent credit will be awarded if the nat- ural ventilation system is coupled with an energy or cooling system that does not draw from the grid if and when natural ventilation is not used. This may be prorated if less than seventy-five (75) percent of the conditioned area is natu- rally ventilated (Settlement Agreement 15.2.2.7; CCDP 15.1(j)). VII.Each Development will develop, implement, and for the life of the each Devel- opment, maintain a measurement and verification plan (M&V PlanŽ) (Settle- ment Agreement 15.2.2.4; CCDP 15.1(g)). A.Such participation has been shown to increase the persistence of energy efficiency (EEŽ) and also to provide a way of recognizing and encouraging the ongoing conservation efforts of occupants and facility managers and will be awarded a waiver for five (5) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement (Settlement Agreement 15.2.2.4; CCDP 15.1(g)). B.The District will include in all leases the requirement to perform an energy audit every three (3) years for the convention centers and hotel Develop- ments over 300 rooms and five (5) years for all other Developments to ensure that all energy systems are performing as planned or corrective action will be taken if failing to meet EE commitments (Settlement Agree- ment 15.2.2.4; CCDP 15.1(g)). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 619 VIII.Within one year following the CCC approval of a PMP amendment substantially consistent with the CVBMP, the District will in good faith consider adoption of an ordinance in a public hearing process that, if approved by the Board of Port Com- missioners, will require the following: (Settlement Agreement 15.2.5; CCDP 15.2) A.Within six (6) months following adoption of the ordinance and every three (3) years thereafter, the District will conduct an energy efficiency and renewable energy analysis that will (Settlement Agreement 15.2.5.1; CCDP 15.2(a)): 1.Assess the feasibility and cost-effectiveness of programs and options to reduce demand on the electric grid from all lands under Districts juris- diction; and, (Settlement Agreement 15.2.5.1(1); CCDP 15.2(a)(i)) 2.Include, but not be limited to, an assessment of the potential for reduc- tion in energy use on all land under Districts jurisdiction through increases in energy efficiency, demand response, clean renewable and distributed energy generation and other methods and technologies. (Settlement Agreement 15.2.5.1(2); CCDP 15.2(a)(ii)) B.Upon the completion of each analysis, the District will consider good faith implementation of cost-effective programs and options as part of its com- mitment to GHG reductions and global climate change prevention activi- ties consistent with Assembly Bill 32. (Settlement Agreement 15.2.5.2; CCDP 15.2(b)) C.The results of each analysis will be published on the Districts website and received by the Districts Board of Port Commissioners in a public forum (Settlement Agreement 15.2.5.3; CCDP 15.2(c)). Transportation. I.Design and encourage the use of alternate transportation by including the H Street transit center close to the rail line, bike and pedestrian pathways, water taxis, and a private employee parking shuttle (CCDP 24.1). A.Allow for spaces for car-share program vehicles within or adjacent to the CVBMP footprint for resident, visitor and worker use to encourage reduc- tion in the number of vehicles used in the area. II.Include connections to the planned Bayshore Bikeway and provide an addi- tional local bikeway loop that will be safer and more scenic as it is located closer to the water (CCDP 24.2). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 620 A.Plan and implement a bike-share or bike rental program within the CVBMP footprint. III.The District and City shall explore the operating and funding potential for a shuttle service that would link various destinations within the western por- tions of Chula Vista, including the CVBMP area. Implementation of the Chula Vista Bayfront Shuttle is anticipated to include participation by commercial development within the CVBMP area (CCDP 24.3). IV.The Chula Vista Bayfront shuttle will service the CVBMP area with a key focus on connecting general users to and from: downtown areas east of Interstate 5, the resort conference center, the residential project, park areas, and existing trolley stops. The shuttle system shall be designed with the following design considerations: (CCDP 24.4). A.Ensure that it has fewer stops than a conventional bus and is located as close as possible to the major traffic generators (CCDP 24.4(a)). B.Plan the general route of the transit shuttle to travel along Third Avenue between F Street and H Street, along F Street between Woodlawn Avenue and Third Avenue, along Woodlawn Avenue between E Street and F Street, along E Street, Marina Parkway, Street C, and Street A within the Bayfront development area, and along H Street between the Bayfront and Third Avenue (CCDP 24.4(b)). C.Plan the route to operate as a two-way loop with stops in both directions (CCDP 24.4(c)). D.Plan for shuttles to initially run every 15 minutes (CCDP 24.4(d)). E.Consider a private shuttle system to transport employees between the H-18 parking structure and the H-3 parcel in the Harbor District (CCDP 24.4(e)). F.Evaluate the use of an electric or reduced-emissions shuttle. V.Shuttle service shall be phased concurrent with development. At a minimum, service shall be provided upon the issuance of Certificate of Occupancy for either the H-3 resort conference center hotel or the 500th residential unit. Additional stops shall be provided at the Signature Park, the Recreational Vehi- cle Park, the H-18 parking structure, and the Park in Otay District, as these uses are developed (CCDP 24.5). VI.In the Harbor District, typical parking requirement standards for high inten- sity uses may be reduced if it can be demonstrated that the use will be ade- quately served by alternative transit (CCDP 24.6). VII.In order to reduce transportation-related air quality impacts, the following items should be encouraged at the project-level planning phase (CCDP 24.7; MMRP 4.6-6, 6.8-3): A.Limit idling time for commercial, non-refrigerated vehicles, including delivery and construction vehicles. Refrigerated delivery trucks may remain idling while at loading docks (CCDP 24.7(a); MMRP 4.6-6, 6.8-3). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 621 B.Use low or zero-emission vehicles, including construction vehicles (CCDP 24.7(b); MMRP 4.6-6, 6.8-3). C.Promote ride sharing programs; e.g., by designating a certain percentage of park- ing spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides (CCDP 24.7(c); MMRP 4.6-6, 6.8-3). D.Provide the necessary facilities and infrastructure to encourage the use of low or zero-emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling stations) (CCDP 24.7(d); MMRP 4.6-6, 6.8-3). E.Provide public transit incentives, such as free or low-cost monthly transit passes (CCDP 24.7(e); MMRP 4.6-6, 6.8-3). F.For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking (CCDP 24.7(f); MMRP 4.6-6, 6.8-3). G.Institute a telecommuter work program. Provide information, training, and incentives to encourage participation. Provide incentives for equip- ment purchases to allow high quality teleconferences (CCDP 24.7(g); MMRP 4.6-6, 6.8-3). H.Provide information on all options for individuals and businesses to reduce transportation-related emissions. Provide education and information about public transportation (CCDP 24.7(h); MMRP 4.6-6, 6.8-3). Goal I.Open spaces integrated into hotels must include activating uses such as restau- rants, outdoor sitting and dining areas and retail shops, which would be open to the public as well as hotel patrons (CCDP 20.5). II.Public access and other path-finding signage should be placed at strategic locations throughout the hotel complexes and to guide guests and visitors to and from public use areas, shops and restaurants, restrooms and other facilities (CCDP 20.6). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 622 III.To help integrate all publicly accessible areas and provide convenience and low cost services for the general public, the ground floor of the hotel developments and associated outdoor areas should contain a variety of pedestrian-oriented amenities, which may include reasonably priced restaurants, newspaper stands, outdoor cafes with sit down and walk up service, informational kiosks, ATM's, public art, or gift shops easily accessible to the public (CCDP 20.7). IV.The design of the Resort Conference Center development must provide a strong public interface with the adjacent Signature Park by including publicly accessible areas with convenience and low cost services for the general public. Other public amenities that may be provided at various locations around the hotel site include public wireless connectivity, drinking fountains, bike racks, horticultural inter- pretive labels on landscape elements, educational and historic plaques/displays, and dog drinking fountains. These elements represent public recreational oppor- tunities and will encourage access to and around the site (CCDP 20.8). I.Provide a continuous open space system, fully accessible to the public, which would seamlessly connect the Sweetwater, Harbor, and Otay Districts through components such as a continuous shoreline promenade and a continuous bicycle path linking the parks and ultimately creating greenbelt linkages (CCDP 20.2). II.Shoreline promenades shall be a minimum of 25 feet in width \[in the Harbor District\] allowing both pedestrians and bicyclists and shall be constructed directly along the water front where feasible and maintained free of private encroachment around the Bayfront. Pathways and walking trails not proposed along the shoreline shall be a minimum width of 12 feet (CCDP 20.1). A.Design of pedestrian paths in the Sweetwater and Otay Districts, including the shoreline promenade, will be sensitive to the paths adjacency to sensi- tive resources at the F&G Street Marsh, the Sweetwater Marsh NWR, and the J Street Marsh. The pedestrian trail serving as the promenade along the western side of the Sweetwater District and Otay District will be approxi- mately 12-feet wide (CVBMP Public Access Program Section 3 (p. 5), San Diego Unified Port District and City of Chula Vista, 2012). Continue coop- erative evaluation of narrower paths for meandering trails and spur paths. B.Collaborative efforts will be made to work with the Coastal Commission and the Port/City to evaluate reducing minimum path widths. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 623 CCDev.Policy24.2 CCDev.Policy20.2 Theprojectshallinclude Provideacontinuousopenspacesystem,fully SP-5 SP-1 connectionstotheplanned accessibletothepublic,whichwould BayshoreBikewayandprovidean seamlesslyconnecttheSweetwater,Harbor, additionallocalbikewayloopthat andOtayDistrictsthroughcomponentssuch S-4 willbesaferandmorescenicasit asacontinuousshorelinepromenadeor islocatedclosertothewater. "Baywalk"andacontinuousbicyclepath SP-4 linkingtheparksandultimatelycreating S-1 greenbeltlinkages. CCDev.Policy19.1(c), 20.1,20.3,and20.4 . . Sweetwater District . . unpavedtrailconstructedof CCDev.Policy5.2 naturalmaterial SP-7 Prohibitactiverecreation,constructionofanyroad S-3 . SP-6 S-2 . . (whetherpavedornot),withinNoTouchBuffer . . . . Areasand"TransitionBufferAreas",withthe . . SP-2 PublicAccessProgram . . . exceptionofexistingornecessaryaccesspointsfor . ClassIbikepath(Caltrans . S-5 . requiredmaintenance . . standards:paved, . HW-7 separatedfromstreet,at H-1A(S) least 8'wide)is proposed H-1A(N) alongthewesternedgeofE CCDev.Policy20.3 HP-1(N) StreetintheSweetwater HW-6 Create,aspartoftheE andHarborDistricts. HP-11 StreetExtension,a H-1 BicycleaccessalongtheE pedestrianpathway/bridge Streetbridgewouldbe toprovideasaferoutefor providedwithina 16-foot- pedestrianstowalkandto widemultipurposetrail HP-3A/ transitionfromthe thatwillbesharedwith HP-1 HP-3B H-3 SweetwaterDistricttothe pedestrians.Bicycleaccess HarborParkShoreline alongtheportionoftheE HP-28 Promenadeandparkinthe Streetextensionadjacentto HarborDistrict. theexistingboatyardsite willbeprovidedwithina 10- H-8 H-9 foot-widebuffer.The Harbor District BayfrontLoopwillre-join H-23 HP-12A HW-5 HW-4 H-18 HW-3 theBayshoreBikewayat H-12 BayBoulevardsouthofL Street. STREET C HP-13A HW-4 HP-5 HP-23A H-13 HP-14 HP-12B HW-1 HP-13B HP-15 H-14 H-15 H-21 H-17 HP-3 MARINA PARKWAY MARINA WAY HP-9 HP-7 HP-8 CCDev.Policy20.1 HP-6 Promenade OP-2A O-1 O-3A CCDev.Policy20.1 No-Touch Buffer O-3B . Pathwaysandwalkingtrails . . -min 200 ft width Sweetwater District . . Otay District notproposedalongthe -min 100 ft width S-4 Parcel shorelineshallbea OP-1B minimumwidthof12feet. -min 100 ft width Otay District OP-1A CCDev.Policy19.1(c), Limited Use Buffer OP-3 20.4 -min 100 ft width SegregatePedestrianand biketrailswherefeasible. Transitional Use Buffer Leaveunpavedthe O-4 meanderingtrailwithinthe -min 100 ft width SweetwaterParkand adjacenttoBufferAreas. Promenade North Exhibit 2 …Buffer Areas (Defined by §4.1.3 and 4.1.4 of the Chula Vista Bayfront Master Plan Settlement Agreement; the agreement prevails over any conflict with this exhibit) ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 624 III.Create a meandering pedestrian trail constructed of natural material that is easily maintained and interwoven throughout the Signature Park. Create, as part of the E Street Extension, a pedestrian pathway/bridge to provide a safe route for pedestrians to walk and to transition from the Sweetwater District to the Harbor Park Shoreline Promenade and park in the Harbor District (CCDP 20.3). A meandering public trail will be provided along the entire length of the Bayfront. The meandering trail within the Sweetwater Park and adjacent to Buffer Areas will not be paved (Settlement Agreement 6.3; CCDP 19.1(c), 20.4). Minimize the impacts of trails in the buffers consistent with quality of human experience and habitat protection. IV.Pedestrian and bike trails will be segregated where feasible (Settlement Agree- ment 6.3; CCDP 19.1(c), 20.4). A.Locate bike trails outside of the Sweetwater and Otay District Buffer Areas. A separate bikeway for commuting or fast cyclists is recommended to avoid use conflicts or dangerous situations with lower intensity and lower speed users, such as families with strollers, etc. V.Walkways, paths and overlooks near the WHAs outside of the No-Touch Buffer Areas will be designed in accordance with the Settlement Agreement 4.2, CCDP 11.1, and MMRP 4.8-7. A.Alignment, design, and general construction plans of walkways and over- looks will be developed to minimize potential impacts to WHAs (Settle- ment Agreement 4.2.1; CCDP 11.1(a)). B.Path routes will be sited with appropriate setbacks from WHAs (Settlement Agreement 4.2.2; CCDP 11.1(b)). C.Paths running parallel to shore or marsh areas that could cause or contrib- ute to bird flushing will be minimized throughout the CVBMP footprint (Settlement Agreement 4.2.3; CCDP 11.1(c)). D.Design walkways and overlooks to minimize and eliminate, where possi- ble, perching opportunities for raptors and shelter for skunks, opossums or other predators (see also Section4.0:A Wildlife Friendly Urban-Wildland Interface) (Settlement Agreement 4.2.4; CCDP 11.1(d)). E.Walkways and overlooks that approach sensitive areas will be blinded, raised, or otherwise screened so that birds are not flushed or frightened. In general, walkway and overlook designs will minimize visual impacts on the WHAs of people on the walkways (Settlement Agreement 4.2.5; CCDP 11.1(e)). Figure5-1 through Figure5-6 provide conceptual design options for pedestrian and bike paths, and maintenance crossings. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 625 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 626 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 627 I.Development that may affect an existing or potential public view shall be designed and sited in a manner so as to preserve or enhance designated view opportunities. Street trees and vegetation shall be chosen and sited so as not to block views upon maturity (CCDP 23.1). A.Buildings and structures shall be sited to provide unobstructed view corri- dors from the nearest view corridor road. These criteria may be modified when necessary to mitigate other overriding environmental considerations such as protection of habitat or wildlife corridors (CCDP 23.3). B.The impacts of proposed development on existing public views of scenic resources shall be assessed by the District or City prior to approval of pro- posed development or redevelopment (CCDP 23.2). II.Existing views to the water from the following view corridor roads shall be protected and enhanced: E Street, F Street, Bay Boulevard between E and F Streets, Marina Parkway, and G and L Streets (in the City of Chula Vista); as shall the new views of the Bay created from the H Street corridor. These protected views shall be denoted by the vistaŽ icons on the Precise Plan for Planning District 7 (CCDP 23.5). A.Building setbacks and coordinated signage shall be provided along Marina Parkway (CCDP 23.6). B.View corridors to the Bay shall be established on Marina Parkway between H and J Streets approximately every 500 feet as denoted by the vistaŽ icon on the Precise Plan for Planning District 7 (CCDP 23.8). C.Landscape design and installation along Marina Parkway shall frame and enhance this scenic corridor, as well as on E Street and Bay Boulevard, adjacent to the project site (CCDP 23.9). D.In order to protect views and as a condition for issuance of the CCDP, build- ings fronting on H Street shall be designed to step away from the street. Building design plans shall protect open views down the H Street Corridor by ensuring that an approximate 100-foot right-of-way width (curb-curb, building setbacks, and pedestrian plaza/walkway zone) remains clear of buildings, structures, or major landscape features. Visual elements above 6 feet in height shall be prohibited in this zone if features would reduce visibil- ity by more than ten percent. In order to reduce the potential for buildings to encroach upon view corridors, and to address the scale and massing impact, buildings shall step back at appropriate intervals or be angled to open a broader view corridor at the ground plane to the extent feasible. All plans shall be subject to review and approval by the District. All development pro- posals shall conform to Port design guidelines and standards to the satisfac- tion of the District (CCDP 23.12; MMRP 4.4-1). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 628 E.Bayfront Gateway Objective/Policies: Certain points of access to the Bay- front will, by use, become major entrances to the different parts of the CVBMP footprint. A significant portion of the visitors and users visual impressions are influenced by conditions at these locations. Hence, special consideration should be given to roadway design, including signage and lighting, landscaping, the protection of public views towards the Bay, and the siting and design of adjoining structures. Concurrent with the preparation of Phase I infrastructure design plans for E and H Streets, a Gateway plan shall be prepared for E and H Streets. Prior to issuance of certificates of occupancy for any projects within the Districts jurisdiction in Phase I, the E and H Street Gateway plan shall be approved by the District and Citys Directors of Planning and Building. The E and H Street Gateway plan shall be coordi- nated with the Gateway plan for J Street. All Gateway plans must conform with the setback policies and height limits in the PMP (CCDP 23.10). III.Prior to approval of development in the Otay District, views of the Bayfront from Bay Boulevard shall be identified and preserved (CCDP 23.7). IV.Signs shall be designed and located to minimize impacts to visual resources. Signs approved as part of commercial development shall be incorporated into the design of the project and shall be subject to height and width limitations that ensure that signs are visually compatible with surrounding areas and protect sce- nic views. Permitted monument signs shall not exceed eight feet in height. Free- standing pole or roof signs are prohibited. Permanent advertising signs and ban- ners shall be prohibited in public beaches and beach parks (CCDP 26.1). V.Prior to issuance of coastal development permits (CDPs) for projects within the Dis- tricts jurisdiction, the project developer shall ensure that design plans for any large scale projects (greater than two stories in height) shall incorporate standard design techniques such as articulated facades, distributed building massing, horizontal banding, stepping back of buildings, and varied color schemes to separate the build- ing base from its upper elevation and color changes such that vertical elements are interrupted and smaller scale massing implemented. These plans shall be imple- mented for large project components to diminish imposing building edges, monoto- nous facades and straight-edge building rooflines and profiles, and to avoid the appearance or effect of walling offŽ the Bayfront (CCDP 23.13; MMRP 4.4-1). VI.Public views of the Bay and access along the waterfront shall be provided via a proposed Promenade. The pedestrian path will also connect to the Signature Park and the pathway system within the Sweetwater District, ultimately linking the two districts and enabling viewers to experience visual contact at close range with the Bay and marshlandsŽ (CCDP 23.4). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 629 Goal Compliance. I.Prior to final approval of Phase 1 infrastructure design plans, the Port and City shall collectively develop a master landscape plan for the project's public com- ponents and improvements. The plan shall provide sufficient detail to ensure conformance to streetscape design guidelines and that future developers/ten- ants, as applicable, provide screening of parking areas. The streetscape land- scape shall be designed to enhance the visitor experience for both pedestrians and those in vehicles. Specifically, detailed landscape plans shall be developed to enhance marina Parkway, a designated scenic roadway and shall provide, where appropriate, screening of existing industrial uses and parking areas until such time as these facilities are redeveloped. Street landscape design shall be coordinated with a qualified biologist or landscape architect to ensure that pro- posed trees and other landscape elements are appropriate for the given loca- tion. For instance, vegetation planted adjacent to open water/shoreline areas must not provide raptor perches. Landscape plantings shall be drought tolerant or low-water use, and invasive plant species shall be prohibited (MMRP 4.4-1). II.Prior to approval of a tentative map or site development plan for future resi- dential development, the project developer shall submit a landscape design plan for on-site landscape improvements that is in conformance to design guidelines and standards established by the City of Chula Vista. The plan shall be implemented as a condition of project approval (MMRP 4.4-1). III.The concept approval for the Signature Park will include a refined plan to address the linkage between the parks over the F&G Street channel. The design will ensure that the linkage between the two parks is easily accessed, obvious, and allows visitors to flow naturally and safely between the two parts of the park. A separate pedestrian bridge will be evaluated and, if necessary, a supple- mental environmental review will be performed to address any necessary issues prior to the concept approval being forwarded to the Board of Port Com- missioners (Settlement Agreement 7; CCDP 18.1). IV.Invasive plant species (as listed in the Cal-IPC Inventory list or Cal-IPC Inventory database or updates) will not be used within the CVBMP footprint. Any such inva- sive plant species that establishes itself within the CVBMP footprint will be imme- diately removed to the maximum extent feasible and in a manner adequate to prevent further distribution into WHAs. A condition of approval for CDPs will require applicants to remove any such invasive plant species that become estab- lished within the CVBMP footprint (Settlement Agreement 4.7.1; CCDP 6.1(a)). V.Note that much of the land designated for Buffer Areas or parks, especially in the Otay District, are highly invaded with noxious, non-native plant species, and may require a multi-year program of eradication prior to restoration or improvement. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 630 VI.Restoration and planting of the Buffer Areas will be accomplished as part of the 1 site preparation of each District. VII.Coordinate invasives removal and planting events to assist in restoration. VIII. Only designated native plants will be used in the No-Touch Buffer Areas, hab- itat restoration areas, or in the Limited and Transitional zones of parcel SP-1 adjacent to the WHAs (Settlement Agreement 4.7.2; CCDP 6.1(b)). Refer to SectionF.9:Trees. IX.Non-native plants will be prohibited adjacent to WHAs and will be strongly discouraged and minimized elsewhere where they may provide breeding for undesired scavengers (Settlement Agreement 4.7.3; CCDP 6.1(c)). X.No trees will be planted in the No-Touch Buffer Areas or directly adjacent to a NWR, J Street Marsh, or SP-2 areas where there is no buffer (Settlement Agree- ment 4.7.4; CCDP 6.1(d)). See also Section4.0:A Wildlife Friendly Urban- Wildland Interface. XI.The landscape designs and standards shall include a coordinated street furni- ture palette include waste containers and benches, to be implemented through- out the CVBMP footprint at appropriate locations (CCDP 23.11). I.Incorporate seasonal wetlands into the master landscape plan for functional retention of stormwater and as an attractive landscape feature. II.Where seasonal wetlands are implemented, develop a management plan that seeks to maintain a healthy aquatic environment, a diversity of native plant species, and does no harm to fauna. III.Include features that will allow removal of sediments and litter to improve water quality or support native wildlife. See also Section3.0:Minimizing Harm to Neighboring Wetlands and Marine Waters. I.Consider plantings that bloom for the majority of the year in prime locations (for example, high traffic areas). II.Other locations may include important native plants of concern (e.g., those with a 2 ), even if they are not beautiful year round. CNPS Rare Plant Rank of 1B ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 631 I.Where possible, drought-tolerant landscaped areas will emulate the habitat structure and specific components of coastal sage scrub, coastal strand, mari- time chaparral, and maritime succulent scrub. II.Develop plant palettes for specific areas within the CVBMP footprint that can meet the visual, interactive or wildlife needs, using local natives. Appendix F:Comprehensive Plant List, provides an extensive list of suitable plant species. III.Turf Grass Use. Grass selection will be based on proposed uses and functions of the grass. Mowed turf grass is native or other drought tolerant type, and pro- vides functional gathering spaces. Meadow turf (mow-free) composed of native species may also be used, where appropriate. A.Native species that withstand mowing are cool season grasses. Native bent grass (Agrostis pallens) is the first choice for California native lawn areas in low-impact areas. It is extremely drought tolerant, withstands low mowing, and provides and effective weed barrier. With occasional summer irriga- tion, it maintains a deep green color. B.The high-traffic areas may use dwarf bermudagrass, such as Tifway. C.Bioswales may include San Diego salt grass, seashore paspalum (non- native, non-invasive), and other native grasses. IV.Incorporate meadow grasses, grass-like plants and wildflowers, where appro- priate and feasible. Appendix F:Comprehensive Plant List provides suggestions I.Use pollinator plants in areas where the public can safely observe pollinator activity. Most native pollinators are harmless to people. Many of the plants in Appendix F:Comprehensive Plant List are suitable. All of the annual and peren- nial species (SectionF.1:Annuals and SectionF.2:Perennials) are suitable. Notable among the shrubs (SectionF.7:Shrubs) are the genera Arctostraphylos (manzanita), Bahiopsis (San Diego sunflower), Berberis (barberry), Ceanothus (California lilac), Eriogonum (buckwheat), Fremontodendron (flannel bush), Lupinus (lupine), Malacothmnus (chaparral mallow), Prosopis (mesquite), Prunus (evergreen cherry), Salvia (sage, highly recommended), and Trichostema (wooley blue-curls). I.Special interest gardens within the landscape master plan emphasize discovery, observation, and interpretation. A garden room concept (gardens that are semi- enclosed with vegetation or low profile structures) may be appropriate to create a quiet environment for contemplation. Interpreted interactions between fauna and flora in mini-gardens or garden rooms should be encouraged. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 632 II.Edible gardens within the residential area are encouraged for individual and community use. III.Encourage residents interested in growing their own food to utilize programs such as San Diegos Master Gardeners. IV.Interpret edible gardens as a sustainable alternative to food transported long distances. V.Explore the feasibility of establishing a farmer's market to bring locally pro- duced food to the bayfront. VI.Incorporate bird-nesting boxes, where feasible, to encourage native insect-eat- ing species in the edible gardens (and throughout the CVBMP footprint). Goal I.Use current sea level rise maps to determine areas of possible habitat migration to guide park design. Adaptive management of sea level rise may require periodic adjustments of habitat migration projections. II.Within areas affected by sea level rise, plan to maintain a buffer vegetation plant pal- ette that includes a suite of species from salt marsh to upland transition (see SectionF.9:Trees). Keep in mind the minimum requirement of a 100-foot buffer from salt marsh habitat (refer to Section2.2:Mitigation Compliance and Improving Habitat Quality in the CVBMP Footprint and WHAs, and to CCDP 2.6 and 3.1). III.Locate permanent paved pathways and promenades outside of zones impacted by sea level rise (50-year projections) IV.Consider shade structures and vegetation to accommodate people during inten- sifying heat waves (that are designed to discourage predator perching). V.Consider the placement of structures such as a cooling center building within the CVBMP footprint to be constructed as prolonged extreme hot weather events become more common (current projections indicate that cooling centers may be warranted within the next 40 years). I.Use contract-grown nursery plants from a reliable nursery experienced with the propagation and production of local California native plants. II.Design park perimeters as transition zones into habitat, while allowing for hab- itat migration due to sea level rise. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 633 III.Consider a small botanical display garden of plant species of special interest and/or status. IV.Use plant palettes in Appendix F:Comprehensive Plant List, which are consis- tent with directives to use native plants. V.Emphasize plants that provide support value for a variety of wildlife species, especially those that will be interesting and educational to park visitors. Goal I.The parks contain minimal permanent structures to facilitate such interaction; they will be limited to single-story heights and primarily function to provide restrooms, picnic tables, shade structures and overlooks (Settlement Agree- ment 6.1; CCDP 19.1(a)). II.The parks do not include athletic field amenities (Settlement Agreement 6.4; CCDP 19.1(d)). III.No unattended food vending is allowed (Settlement Agreement 6.5; CCDP 19.1(e)). IV.The use of amplified sound equipment is prohibited (Settlement Agreement 6.7.1; CCDP 19.1(g)(i)). Refer also to Section4.0:A Wildlife Friendly Urban- Wildland Interface. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 634 V.Reservations for group events and activities are prohibited (Settlement Agree- ment 6.7.2; CCDP 19.1(g)(ii)). VI.The parks are constructed using low water-use ground cover alternatives where possible (Settlement Agreement 6.2; CCDP 19.1(b)). VII.The parks provide passive interaction, including passive recreation, with nature that emphasizes the open space aspect of the parks and which involves a low level of development, including picnic areas and trails (Settlement Agree- ment 6.1; CCDP 19.1(a)). VIII.Consider planning and managing parks for human appeal that provide places where children can play and adults can exercise and relax. A.Where feasible, design specific areas for more intensive use. Provide for more intensive management of these areas. B.Seek approval of natural resource agencies to allow a new category of edu- cational and interactive habitatsŽ to be able to be created and maintained within Signature Park to encourage direct experience and interaction with habitats and wildlife without impacting existing sensitive habitats. C.Specifically design areas for children to play in a natural setting (see Figure5- 8). IX.Maximize the visitor-nature experience whenever possible. A.Where feasible, design to bring wetlands and upland transition habitat into Signature Park to increase their interface with the public.This strategy would also support goals for adaptive management and creation of transitional habitat per Settlement Agreement 3.2.1.3 and CCDP 1.3(a), 1.3(b), 3.3. B.Consider providing for themed plant rooms within the perimeter of parks that offer visitors a close-up and touchable connection with native plants and views of wildlife. C.Provide well-trained docents to interact with visitors. See also Section6.0:Education to Inspire and Promote the Human Experience of Nature. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 635 Goal I.IPM must be used in all outdoor, public, buffer, habitat, and park areas (Settle- ment Agreement 4.6.3; CCDP 13.6). A.Use the Port and City IPM policy that is easily understood and imple- mented by all practitioners of landscape care and maintenance. Offer gar- deners training in IPM principles and practices. See also Section3.2:Watershed Approach. B.Design a best practices guide for a variety of landscape maintenance requirements. For City of Chula Vista property, the requirements should be in accordance with the City of Chula Vista standards for landscape mainte- nance for public spaces. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 636 C.In the garden areas, include information and displays demonstrating the environmental and health benefits of benign pest control measures such as IPM. II.The Port/City will develop maintenance guidelines for incorporation into land- scape maintenance contracts. I.Consider using subterranean irrigation for turf and meadow plantings. II.For shrub plantings, consider the use of efficient area delivery systems (e.g., MP Rotator Shrub Heads). Avoid drip irrigation on drought tolerant plants because such technology hydrates concentrated areas leaving the interspaces completely dry. III.Regularly maintain all irrigation systems, avoiding runoff, wetting of unvegetated areas, and making delivery adjustments according to season. See also Section5.2:The Built Environment. I.Pesticides are applied by licensed individuals and firms. II.Pesticide use is reported as required by law. Copies of pesticide use reports are maintained by the appropriate land managers. III.Use best practices for prevention and control of weeds that include mulching with local organic materials, such as wood chips. For the most drought tolerant plants, such as native succulents, mulch with mineral material such as clean pea gravel or ¼-inch rock. I.Fertilizers are Organic Materials Review Institute (OMRI)-approved. These are organic fertilizers that are naturally slow release, avoiding the nutrient-pulse that often results from soluble chemical fertilizers. Soluble nutrients, especially nitrogen, often dissolve in water and are carried away from plant roots as out- flow, becoming a serious form of water pollution. II.Fertilizer use occurs with proper horticultural evaluation of nutrient need, and is minimized. In practice this means recognizing and feeding plants when they need to be fed, rather than according to a calendar schedule. III.Composting is recommended on-site to the degree feasible. Addition of com- posted organic matter into the sandy soils of the CVBMP would improve soil health, promote soil-building, conserve moisture and increase nutrient-holding capacity (see also Section4.0:A Wildlife Friendly Urban-Wildland Interface). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 637 The educational portion of this plan aims to inspire natural resources stewardship across various groups, create a cultural and ecological sense of place within the CVBMP foot- print, and present a model of sustainability and connectivity to the larger social and eco- logical landscape. This includes: I.Education and stewardship that will reach diverse audiences and provide a range of experiences designed to inspire a commitment to conservation. A.Attract and engage a range of visitors. B.Instill a reverence for ecological diversity and natural resources of the area, and inspire its stewardship. C.Promote educational programs for employees so they can be ambassadors for the area. D.Encourage park and trail use, while minimizing environmental harm. II.Education that communicates cultural and ecological sense of place, including cultural, ecological, and conservation history. A.Native tribal use of natural resources. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 638 B.Landscape evolution, pre-settlement to present. C.How preservation of the area was achieved and what attracts people to the site. III.Education that exhibits both local and global connections to create a model of sustainable living and ecosystem connectivity. A.How the Chula Vista bayfront system fits within larger systems. B.Climate change and sea level rise education. C.The CVBMP project area as a model for sustainability. D.Role in animal migration and protection of resources. E.Presence in the U.S.-Mexico border region. There are opportunities to shape CVBMP promotion and educational strategies to target a wide spectrum of audiences, including: Families, seniors, children Schools: administrators, teachers, parents, students Residents, surrounding and underserved communities Tourists, convention center visitors Persons under the Americans with Disabilities Act of 1990 Community and other Non-profit organizations Commercial enterprises: hotels, service companies, environmental and sus- tainability organizations and groups Staff: hotel, residence building, office, maintenance employees Birders, photographers, fishers, boaters, scientists Elected officials, local politicians, government directors and other personnel, and government staff Media Multi-lingual communities Goal ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 639 require the residential developerÔs homeowners association to include in its CC&Rs An environmental education program will be developed and implemented and will include the following (Settlement Agreement 4.10, 4.10.1 and 4.10.2; CCDP 9.1): The program must continue for the duration of the Chula Vista Bayfront project and must target both residential and commercial uses as well as park visitors. The program's primary objective will be to educate Bayfront users, residents, visitors, tenants and employees about the natural condition of the Bay, the eco- logical importance of the Chula Vista Bayfront area and the public's role in the restoration and protection of wildlife resources of the bay. I.Emphasize and encourage sustainable integration with natural resources to attract fishermen, boaters, birders, scientists, and environmental organiza- tions and groups from surrounding areas. II.Attract tourists by collaborating with tourist organizations and bureaus to pro- vide awareness to this commonly overlooked area of San Diego. Commercial enterprises (e.g., hotels and service companies) and the convention center can provide outreach materials such as videos and brochures. III.Invite elected officials and government directors from other jurisdictions (e.g., engineering, development, and planning directors) to the area to inspire and support local projects. IV.Create connections and collaborations both within the community and regionally. The environmental education program will include educational signage, regular seminars and interpretive walks on the natural history and resources of the area, and regular stewardship events for volunteers (i.e., shoreline and beach cleanups, exotic plant removal, etc.) (Settlement Agreement 4.10.3; CCDP 9.2). V.Consider diverse learning styles, various levels of interaction, from passive to active. Conduct varied activities to cater to special interests and allow flexibil- ity for short day and multi-day experiences (Knudson et al. 2003). Use signage that is multi-lingual and appeals to all ages. A.Areas within the CVBMP footprint shall comply with the Americans with Disabilities Act (1990). VI.Consider learning strategies that provide for physical, emotional, and intellectual involvement, such as interactive signs and sculptures, community events, and interpretive walks (Regnier et al. 1992). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 640 ÑOne of the goals of education is to Chula Vista Bayfront.Ò -Sandy ÑownershipÒ and stewardship if ÑThe community will benefit attitudes and behaviors.Ò -Mike VII.Consider conveying and providing for opportunities to express natural resources values through the best storytelling and art, both at outdoor and indoor venues. Offer arts and creative writing programs as opportunities to interpret and respond to nature. VIII.Ensure adequate orientation information is provided within the built envi- ronment (e.g., hotels and convention center) within the CVBMP site (e.g., maps, pamphlets, signage, Quick Response \[QR\] codes). IX.Provide outreach to nearby schools and accommodate field trips and curricular program needs. Have information available for administrators, teachers, stu- dents, and parents. Support and complement ongoing programs at the Living Coast Discovery Center, targeting schools. X.Hold stewardship events and seminars when possible, allowing local groups to share experiences and learn from others. Distribute, create, or provide access to guidebooks with environmental themes such as living sustainably, and how to plant a pollinator garden. Invite volunteers to conduct trash clean-up and hold restoration events. XI. Collaborate with volunteer programs to provide opportunities for classroom presentations, docent training and scheduling, habitat augmentation, weed removal, sign creation, and wildlife monitoring. Consistent with other efforts towards citizen science,Ž engage the bayfront community in the active mainte- nance and preservation of the adjacent natural resources. The environmental education program will include adequate annual funding for personnel or contractor/consultant and overhead to ensure implementation of the following functions and activities in collaboration with the Living Coast Discovery Center or USFWS (Settlement Agreement 4.10.4 through 4.10.9; CCDP 9.3; MMRP 4.8-7): Coordination of volunteer programs and events; Coordination of interpretive and educational programs; Coordination of tenant, resident and visitor educational programs; Docent education; and Enhancements and restoration events. MMRP. XII.Souvenirs related to location-specific themes of the area could be sold as mem- ory enhancementsŽ (e.g., identified rocks, seeds, artifact replicas) (Knudson et al 2003). XIII.Where feasible, measure success of the outreach program through surveys and media (e.g., number of Quick Response \[QR\] codes on signs and brochures that were accessed). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 641 XIV.Consider creating a bilingual computer or phone application for educational quizzes and games. Consider inviting schools to participate in application and game development, such as through a contest. XV.Consider placement of QR codes on interpretive signs for additional learning, in limited numbers so as not to take away from the nature experience. XVI.Consider creating an active website, updated with animal sightings, upcoming events, and maps. I.Consider providing incentives for employees to involve family and friends. II.Make surveys available after the programs for feedback on how to improve them. I.By helping residents and visitors to learn, understand, and support what is occur- ring in their area, educational programs and resources foster a personal connec- tion to create a culture of stewardship. II.Coordinate with the USFWS to communicate the conservation message of the NWR, adjacent to the CVBMP footprint, by informing visitors of the refuges public tours and resources. III.Coordinate activities with hotels and the on-site conference center that includes establishing displays and making materials available (brochures, maps, con- cierge, etc. and incorporate use of produced Bayfront video) to educate guests about the Chula Vista Bayfront and wildlife areas. IV.Incorporate learning opportunities within the CVBMP area to help local com- munities understand and connect to what they have in their own backyard,Ž such as regional bird and fish migratory pathways, the bays fish nursery, and other life cycle functions of local habitats. V.Consider the use of an Adopt-a-Ž program (e.g., for the Ridgways rail, formerly known as the clapper rail) and other opportunities for community support. Consider using volunteers and students to conduct monitoring surveys, resto- ration, or trash removal. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 642 VI.Communicate to visitors the ecosystem services that are provided by the open space and protected habitat (See also Section5.0:Maximum Ecosystem Ser- vices in the Built Environment and Open Space). VII.Post a visible community bird, wildlife, and butterfly list to show what has been observed. Have a place where people can post what they have seen lately, such as an interpretive center, on a bulletin board, or online. Highlight existing migra- tion routes and consider creating animal way stations (e.g., for butterflies). VIII.Post a visible community board for fishermen that includes date, species, length, weight, and location of daily catch and method (bait, lure, fly, etc.). Cre- ate an application that allows reporting to the appropriate wildlife agency. I.Consider establishing trail themes (e.g., ethnobotany, ecology, ecosystem ser- vices) to encourage use. II.Ensure the coexistence between nature and the built environment by encourag- ing a balance between conservation and appropriate development, when neces- sary. Maintain the tranquility needed for environmental and ecosystem preservation alongside a carefully planned development that considers long- term sustainability of the area. III.Allow shorefront access for wildlife viewing only when it can be done with minimal impact to the environment. IV.Visitors should be allowed to get close to nature without impacting it through means such as bird blinds and transition areas. The experience may be supple- mented with touchable habitatŽ areas, interpretive sculptures, interactive dis- plays, and textured signs that encourage touching and interaction (See also Section4.0:A Wildlife Friendly Urban-Wildland Interface). A.Consider use of eco or cultural murals, such as the Surfing Madonna in Encinitas or the murals created by Wyland. V.Bring wetlands and upland transition habitat into Signature Park as part of a demonstration or eco-park to increase their interface with the public, if feasible. Maximize the visitor-nature experience, ecological functions/wildlife benefit, and use educational opportunities (See also Section5.0:Maximum Ecosystem Services in the Built Environment and Open Space). VI.Use design rather than signage or enforcement personnel to ensure compli- ance with rules, and promote involvement of young people in stewardship of the area when feasible. Discourage illicit activity through wildlife-friendly lighting and enforcement of closing hours. VII.Provide outreach to boaters and fishermen to aid in understanding their role in water quality and habitat protection. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 643 Goal I.Collaborate with the Kumeyaay Nation tribal representatives to provide educa- tional resources, such as cultural demonstrations. II.Consider re-creating a hands-on interactive setting that would depict the Kumeyaay use of natural resources. III.Describe what has brought people to the Chula Vista area historically and cur- rently. IV.Share with residents, visitors, and employees the personal stories and experi- ences that have inspired the areas hard-fought preservation. A.Provide information on the historical transformation of the area, and inspire a sense of pride when communicating the effort that went into the creation and conservation of the area. V.Provide context to show how the Chula Vista Bayfront system fits within larger systems, including southern California and on an international scale (i.e., Pacific Flyway). A.Seek opportunities to integrate programs with other nearby areas, reserve networks and multiple regional programs, and ecotourism. B.Foster connections with surrounding visitor's centers and bureaus. Connections. Goal I.Educational resources can depict the interconnectedness of the area. A.Consider social and economic connections with the U.S.-Mexico border region. B.Review ecological connections, such as bird migration pathways and the local network of wetlands. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 644 ÑWe must reincorporate ecological integrity.Ò -Mike II.Educational programs shall promote opportunities to learn about how the CVBMP footprint, adjacent areas and regional habitats will change due to cli- mate change and sea level rise issues. A.Highlight transition zones in the CVBMP footprint and adjacent WHAs that are designed to accommodate sea level rise. B.Communicate that we are part of an interdependent natural system and that our future and the future of other species depends on our actions. C.Provide education on how sustainable practices and lifestyle changes can help reduce our carbon footprint. Examples could include things to do at home, products to buy or avoid, as well as area-specific actions, such as tak- ing the local bus or using the bike paths. III.Reach out to journalistic media and tourism outlets to share the Chula Vista story, encompassing the collaborative work and model of CVBMP's plan to cre- ate long-term, sustainable lifestyles in the area. A.Encourage them to highlight information made available by the Port and City public relations teams regarding the natural values and activities at the Bayfront. IV.Consider creating an interpretive video or story of the CVBMP planning pro- cess, including how a collaborative effort brought together diverse interests to plan and develop the Bayfront in a manner where the Harbor, Otay, and Sweet- water Districts coexist for long-term sustainability of local and regional wildlife. A.Develop signage that describes the sustainable design of the site. B.Wherever possible, encourage action from the local community through public involvement, programs, and activities. Reach stakeholder groups (fishermen, conservation and environmental organizations) and policy makers to expand the concept of transboundary connections. C.Emphasize how good planning principles can help achieve multiple per- ceived competing goals. Provide a model of sustainability, conservation, and development for others to follow. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 645 This Chapter reflects this NRMPs Vision and Goals. Investment in natural resources conservation requires a balance between short- term protection needs and achieving long-term ecosystem resilience. This should be done against a backdrop of ecological threats and vulnerabilities that are changing as a result of local and global change. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 646 Organizational constraints and limited budgets require that a great deal of creativity and legwork be employed to implement this NRMP, which is beyond the authority of any one institution or jurisdiction, and will be subject to future discretionary deci- sions that will naturally take into account budgetary and other considerations. For core requirements of the CCDP, MMRP, and Settlement Agreement, funding sources are designated. Recommendations contained in the NRMP may require a long-term financial strategy possibly including a blend of public and private sources, such as operations budgets, grants, private mitigation offset funds, and even volunteerism. A collaborative approach has been the hallmark of the CVBMP planning pro- cess. It is the intent of this NRMP to continue the visionary and collaborative approach to protect natural resources. Partnership in conservation of natural resources, crossing administrative boundaries, particularly with regard to the WHAs, may be necessary to achieve the goals and objectives of the NRMP. Funding for NRMP Implementation will come from revenues generated by CVBMP development (direct or indirect funds) (Settlement Agreement 3.4 and 4.1.1). NRMP implementation approaches will need to undertake short-term compliance and protection responsibilities. The long-term planning horizon includes budget- ary considerations; challenges for sustainable human living; changing climate and its potential impact on water regime, heat, and crucial coastal resources; and layers of uncertainty about future habitat and species relationships. It is not an overstate- ment to say that implementing this NRMP will take more creativity, flexibility, and legwork than coming up with its management approach. On the other hand, the precious and irreplaceable natural resources in and around the CV Bayfront merit the effort and continued commitment required. Monitoring is a basic component of adaptive ecosystem-based management that is question-driven: it sets up the feedback to decision-makers and the public on whether progress towards the plans Vision, Goals and Objectives is achieved. Con- ceptually, the benefit of monitoring is without doubt. However, it is important that the monitoring effort be efficient and continually adapted to provide information that is timely, adequate in depth, extent, and quality to guide decisions, but not cost more than is needed. Monitoring will facilitate adaptive management, help achieve beneficial change, and focus investment. It asks both the big question--Are we making a difference for the natural resources we value?Ž--and accountability ques- tions for sponsors of the work--Did we do what we said we would?Ž It should have many facets that are not necessarily data-driven, such as the use of comparative case studies that educate and inspire improvement. Because the CVBMP vicinity is extraordinarily connected in all dimensions with wide-ranging species as well as resident species, the monitoring effort needs to con- sider the results of other programs, such as the Regional Harbor Monitoring Plan, in ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 647 order to assist in interpreting what is going on locally. Through standardization of methods with regional programs, a small local effort will increase its power to inter- pret trends and also contribute to its cost-efficiency. This will assist to separate local from regional status and trends. Such a program does not have to be costly, and can be assisted and complemented by educational institutions, as well as citizens, local high schools, and other programs. Existing programs are already affording a better understanding of the dynamics of the bay, estuarine/marine system and is a back- drop for understanding the CVBMP footprint and WHAs. The Monitoring Indicators in this NRMP are intended to supply information on either best practices and their implementation (see Table7-3 at the end of this sec- tion), or the health/integrity of the resources that are the focus of NRMP goals (see Table7-4 at the end of this section). In addition to the best practice and health/integrity monitoring, conservation plan- ning species (or species groups) are to be used for considering conditions such as the habitat value of the sea level rise buffer as waters migrate landward, habitat enhancement, or other opportunities as they arise (examples are in Section 2). Con- servation planning species are not intended to be separately monitored in them- selves, but they represent and are a proxy for some of the Chula Vista bayfronts core natural resource values (Section 1.3, Appendix C.2.1). The conditions they require and their presence would reflect the historic range of fish and wildlife uses of south San Diego Bay. They include fish and wildlife that benefit from the adjacency of estuarine intertidal, subtidal, and adjacent habitats both landward and bayward for different life cycle needs. Conservation planning species and groups are non-regu- latory since the state- and federally-listed species already have legal protection. 0000 I.Periodic review of the NRMP will address monitoring the efficacy of water quality improvement projects (if applicable) and management actions (part of Settlement Agreement 3.3; CCDP 1.5). II.Every 6 months. The WAG will meet as needed, but at a minimum of every six (6) months for the first ten (10) years and annually thereafter (Settlement Agreement 10.4). The WAG will review the NRMP to: (i) determine the effec- tiveness of the NRMP in achieving the Management Objectives; (ii) identify any changes or adjustments to the NRMP required to better achieve the Man- agement Objectives; (iii) identify any changes or adjustments to the NRMP required to respond to changes in the man-made and natural environments that are affecting or, with the passage of time may affect, the effectiveness of the NRMP in achieving the Management Objectives; and (iv) review priorities rel- ative to available funding. At its meetings, the WAG may also consider and make recommendations regarding (x) implementation of the NRMP as needed, (y) Adaptive Management Review, and (z) NRMP Amendments. (Set- tlement Agreement 10.4, 10.5 & CCDP 17.2) ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 648 III.CREATION, PERIODIC REVIEW AND AMENDMENT OF THE NRMP. The NRMP will be a natural resources adaptive management and monitoring plan, ini- tially prepared in consultation with the WAG, defined in Section 10.1, and reviewed and amended in further consultation with the WAG one year following adoption of the NRMP, and annually thereafter, for the first five years after adop- tion, after which it will be reviewed and amended as necessary every other year for the next six (6) years, then once every five (5) years thereafter, each in accordance with Section 10.5. If the Resort Conference Center (RCC) is not pursued in the first five (5) years after certification of the Final EIR, this schedule will be amended to ensure that the NRMP is evaluated every year for five years after the development of the RCC. The periodic review of the NRMP, described in the preceding sen- tences, is hereinafter called Periodic Review.Ž A material revision of the NRMP is hereinafter called an NRMP Amendment.Ž Nothing in the foregoing schedule requirements will be interpreted to preclude a speedy response or revision to the NRMP if necessary to abate an emergency condition or to accommodate relevant new information consistent with the Management Objectives. Any permanent changes to the NRMP will be subject to Section 10.5. Preparing of the NRMP will begin within six months of the filing of the Notice of Determination for the Final EIR by District and will be completed prior to the earlier of: (a) Development Com- mencement; (b) issuance of a Certificate of Occupancy for the Pacifica project; or (c) three years. Periodic Review will address, among other things, monitoring of impacts of development as it occurs and monitoring the efficacy of water quality improvement projects (if applicable) and management and restoration actions needed for resource protection, resource threats, management (i.e., sea level rise, trash, window bird strikes, lighting impacts, bird flushing, water quality, fireworks, human-wildlife interface, education and interpretation programs, public access, involvement and use plan, management of the human-wildlife interface, wildlife issues related to facilities, trails, roads, overlooks, planning, and watershed coordi- nation) and other issues affecting achievement of Management Objectives and related to Adaptive Management Review (Settlement Agreement 3.3 & CCDP 1.5). IV.Other than with respect to matters specifically addressed in this Agreement, the Final EIR, and as components of the Proposed Project approval, Coalition member organizations shall have the right to fully participate in environmental review and project-approval processes for components of the Bayfront devel- opment that require project-level review subsequent to Final EIR certification and Proposed Project approval (Settlement Agreement 17.4). V.The WAG will meet as needed, but at a minimum of every six (6) months for the first ten (10) years and annually thereafter (Settlement Agreement 10.4). A.For monitoring the NRMP as a whole and at the project level, the guidelines that follow may be implemented. See Map7-1, Map7-2, Map7-3, Map7-4, Table7-1, and Table7-2 for a summary of baseline acreages of previously mapped habitats. Map7-1 includes an overlay of upland transition areas and acreages that were not mapped as such but are estimated based on tidal elevations (LIDAR elevations from SanGIS, 2005). -Establish a point of reference or baseline consistent with this NRMP. Baseline means the present status of the indicator plus whatever its threats/pressures are. The baseline includes the following: structure ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 649 and acreage of marine and terrestrial communities, and socioeconomic attributes that are part of the ecosystem services approach (includes public trust and access). -Protocols for establishing baseline conditions should use standardized methods that are accepted by regulatory agencies and are consistent through time. -Quantitative methods should be established for wetlands, including salt marsh, riparian, or streams (CRAM). -Quantitative methods should be established for characterizing and mapping terrestrial vegetation (Vegetation Classification Manual for Western San Diego County \[San Diego Association of Governments 2011\], which builds upon the Manual of California Vegetation, 2nd edition \[Sawyer et al. 2009\]). -Baselines for highly disturbed terrestrial sites should follow the same vegetation rapid assessment method as used for terrestrial vegetation surveys and mapping, identifying all invasive plants present and their quantitative characteristics. -Establish quantitative milestones and benchmarks where appropriate (see the Objective for Long-term Conservation in Section2.2:Mitigation Compliance and Improving Habitat Quality in the CVBMP Footprint and WHAs on page2-11, CCDP 1.4, and Settlement Agreement 4.4.6.5). -Use data from existing ongoing efforts of the Port and Navy for moni- toring birds, aquatic sea life and aquatic vegetation and others. -Ongoing monitoring efforts should use the same protocols as used to establish baseline conditions to provide for scientifically defensible analysis of trends over time. VI.Monitor the effectiveness of NRMP practices in achieving healthy populations of estuarine- and eelgrass-dependent marine life, and adapt as needed. A.Integrate a quality control process to ensure that monitoring results are accurate and interpreted for the management questions they are designed to answer, and understandable for decision-makers. VII.Periodic review will address, among other things (Settlement Agreement 3.3; CCDP 1.5): A.Monitoring of impacts of development as it occurs; B.Monitoring the efficacy of water quality improvement projects (if applicable); C.Management (i.e., sea-level rise, water quality, fireworks, education and interpretation programs, public access, involvement, and use plan, and watershed coordination). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 650 VIII.A key component of the NRMP is that it utilizes an adaptive approach to manage- ment of resources. As such, the long-term monitoring that guides management actions must be targeted to identify impacts, if any, that are a result of the develop- ment and must also be adaptive in structure. Therefore, the long-term monitoring program should be focused on identifying and monitoring metrics associated with linkages between the development and the adjacent natural resources within buf- fers, restored habitat, and WHAs. Adaptive management would then utilize moni- toring results to promote beneficial linkages and to minimize or eliminate negative linkages. Therefore, a monitoring plan shall be developed that focuses on encroachment of invasive species; human activity in buffers and WHAs; nuisance animals; and the effectiveness of human use of the bayfront, trash collection, build- ing construction, landscaping, and stormwater treatment facilities. A.Sixty (60) days following the signing of an option to lease or similar docu- ment for development in the Sweetwater (including Signature Park) or Otay Districts or the development on H-3, H-23, H-13, or H-14, which- ever is first, the Port/City will contract with a qualified contractor or use other comparable resources to develop a draft monitoring plan (including baseline conditions for the entire bayfront), identify data gaps, and imple- mentation schedule based on the information in Table7-3 and monitor- ing of the status of the natural resources and natural resource indicators included in Table7-4. The plan will be adopted (including a monitoring framework for the entire bayfront) and will be implemented at the onset of site alteration of the project triggering the development of the plan. I.Review existing monitoring and research studies conducted throughout San Diego Bay to evaluate the health of marine and terrestrial life, such as water quality trends, periodic fish and avian surveys, and listed species monitoring, including for the green sea turtle and success of the California least tern. II.Define NRMP research priorities via a collaborative process of defining manage- ment questions for researchers to take on, if needed. Interpret regional studies, or species studies on entire migratory paths, for application locally. A.What of the CVBMP practices are most cost-effective for benefiting conser- vation planning species? B.Consider supporting research on cost-effective green infrastructure for local benefit. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 651 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 652 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 653 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 654 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 655 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 656 I.Consider using conservation planning species to inform NRMP success for beyond-compliance work provided funding is available. These species are endemic or dependent on the south bay and can add an important level of detail to a program of successful implementation of work such as habitat enhance- ment. They help relate physical, chemical, and structural features to specific, local life history needs of fish or wildlife. The role of particular habitats or envi- ronmental factors may go undetected if at least some species are not examined rather than habitats alone. Conservation planning species are also meant to pro- vide a practical monitoring and management focus, under the assumption that ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 657 managing for certain, carefully selected species of concern will take care of many others with overlapping habitat, food web, and other ecological needs. See Section2.0:Sustainable and Improved Native Habitats and Communities for identification of conservation planning species. II.As habitat complexity is often related to the success of species, monitor variety within habitats as part of a baseline description of resources, when feasible such as through use of CRAM and other methods as applied by USACE. Wetland size, complexity, and connectivity is related to value for wildlife. Methods are established for qualitative ranking assessments for estuarine communities. The presence of vegetation, macro and micro algae, mudflat benthic assemblage zones, tidal creeks and microchannels, invertebrate burrows used by gobies, nearshore shallow water, uninterrupted tidal change, saline pools and access to brackish and freshwater habitats in Telegraph Creek, nearshore and open water, and the benthic environment are all assessment criteria. It is a goal that habitat values are maintained in quality at or above their baseline, over time, in the CVBMP footprint and WHAs. Using indicators, or proxies for healthy natural resource systems, is an effective way to provide insight into the status of those desired conditions. A suite of indicators is presented below, according to the management goal for which each indicator provides insight, along with conser- vation planning species for that habitat (which are not to be monitored in and of themselves, but represent a healthy functioning condition for the habitat of interest). Information on a number of these indicators and conservation plan- ning species is already available through ongoing monitoring, established pro- grams, or through partners (see Table7-3 and Table7-4). For some, grant money may be available to fund initiatives for measurement or monitoring. The indicators presented here can be cost-effectively measured or monitored, par- ticularly if done through a multi-party approach. The information below describes ways to evaluate, when possible, the success of NRMP implementa- tion in achieving habitat quality goals. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 658 659 0 ¦¤ Caulerpa Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 660 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 661 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 1 Subtidal. Status and trend of total nursery fish populations as a group as inter- preted in the current program of baywide surveys funded by the Port and U.S. Navy (numbers are most recent surveys by Vantuna Research Group \[2012\], representing the baywide catch and the catch in south bay, respectively): Cali- fornia halibut (79 and 12), yellow-fin croaker (19 and 12), barred sand bass (41 and 15), bonefish, shortfin corvina (0), deepbody anchovy (17 and 14), slough anchovy (1566 and 750), arrow goby (2438 and 500), California killifish (8 and 5), bay blenny (3 and 0), cheekspot goby (16 and 6), and shadow goby (9 and 8), as well as NOAA trust resources , such as spotted sand bass (332 and 89), yel- lowfin croaker (19 and 12), and California scorpionfish (8 and 0). -Production of fish for avian foraging: certain schooling fishes form an import- ant forage base for rare seabirds; the most abundant in the south bay are slough anchovy, topsmelt, and shiner surfperch. -Maintenance of acreage of shallow subtidal eelgrass. -Presence of green sea turtles. -Presence of migratory waterfowl (black brant, lesser scaup). Intertidal Mudflat. -The mudflats are sufficiently broad or gently-sloped to maintain or improve tidal exposure to accommodate the various feeding strategies of conservation planning fish and shorebirds. Scores that rate the quality of estuarine habitats using the CRAM method are improved. -Intertidal mudflats in the south bay are a major component of the food web for shorebirds because of the availability of small fish and invertebrates for birds to feed on between the tides. Preservation and restoration of mudflats are essen- tial to shorebird populations. The metric for a success indicator is maintaining and building upon the area of exposed mudflats as a food source for birds. -The following endemic fishes continue to be present: gobies (arrow, shadow), deepbody anchovy, and slough anchovy. -The following conservation planning invertebrates, which are indicators of healthy ecosystem function, continue to be abundant: ghost shrimp/California horned snail burrows, crab burrows, pollinator and predatory insects. Salt Marsh. Where feasible, salt marsh is maintained in quality in its current condi- tion or above the pre-CVBMP development functional condition, as evaluated by the CRAM or similar aquatic assessment method. -Presence of conservation planning species: curlews and wandering skipper. Upland Transition. Distribution and diversity of upland transition species is maintained, where feasible, at or above pre-CVBMP development levels within the CVBMP footprint and WHAs. -Presence of upland transition flora includes estuary suaeda, woolly seablite, California boxthorn, Palmer's frankenia (these planning species currently occur at similar elevations around San Diego Bay). -Presence of upland transition conservation planning fauna: large-billed savan- nah sparrow, black-tailed jackrabbit, San Diego horned lizard, burrowing owl, native butterflies, bees, moths, and other pollinators (beetles, birds, bats). -Invasive species abundance decreases. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 662 Recovery of salt marsh connections to intertidal mudflat, and connection of marsh fragments. Habitat connections are available for fish: striped mullet (stream mouths), Cal- ifornia halibut. Presence of host/food plants for migratory pollinators. Presence of migratory stepping stoneŽ shorebirds (short-billed dowitcher, western sandpiper, red-necked phalarope, long-billed curlew, red knot). Enhanced connections from bay habitats to brackish marsh and stream habitat to benefit a broad range of species. Avian habitat connections exist to upland areas for sandpipers, dunlin, and godwit. Algal cover by dominant type (visual estimate) decreases. Acres restored at or above pre-existing functional quality, based on CRAM, hydrogeomorphic assessment, or other scientific method. For WHAs and surrounding areas, consider the recovery of habitat in the order of most lost: 1) tidal flats, for which loss has been greater than that for tidal marsh in southern California and San Diego Bay (Macdonald et al. 1990; Port and U.S. Navy 2013); 2) salt marsh; 3) eelgrass. Losses of wetland/upland tran- sition habitats from pre-development conditions are extremely high, though the exact area is not known. Presence and abundance of conservation planning species of wildlife, and plants. Presence of functional groups of upland transition-dependent wildlife and plants. The CVBMP footprint and WHAs (see Map1-1, Map1-2, and others in Section1.0:Introduction) contain the full variety of physical attributes that sup- port the unique biodiversity and productivity of this location. These attributes include warm, shallow, quiet water with adequate tidal exchange; clean water and sediment; broad and connected intertidal shorelines with gentle slopes; eel- grass; emergent vegetation; secondary microchannels; a range of estuarine salin- ity conditions; fine sediments; and upland refugia during tidal surges. Connectivity between fragments of mudflat, marsh, upland transition, and riparian habitats are improved, as are conditions for conservation planning species that benefit from this connectivity. Connectivity includes some brackish water and riparian habitat. Topographic and vegetation complexity in habitats is maintained or improved for conservation planning species. Artificial habitats in the intertidal zone of areas in the vicinity of the CVBMP foot- print are designed with consideration to provide maximum ecosystem services including discouraging invasive species. Pervious surfaces and structures significantly reduce stormwater runoff to bay. Trash retrofits effective including those for trash generated within the Bayfront and those that intercept trash in tributaries that flow through the Bayfront. Regulatory compliance for constituents defined by the RWQCB and the San Diego Basin Plan is improving. Upstream partnerships are meeting and working cooperatively to benefit the Bayfront habitats. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 663 Monitoring data can be integrated with baywide and regional programs. The Chula Vista Bayfront provides public access that attracts visitors from out- side the region as well as local residents to use the marine related recreational facilities and public areas. It also provides a peaceful sanctuary for those view- ing native wildlife. Design of the CVBMP and a sense of ownership by the local community and visitors leads to compliance with guidelines pertaining to pets, trash, lighting, noise, habitat boundaries, etc. Trash receptacle success is evident by the absence of trash improperly disposed of, both within the footprint and WHAs and by absence of pest species (e.g. corvids, possums, rats) in the vicinity of human use areas (e.g., Signature Park). Raptor or other predator impacts on native species are not above natural levels in the habitat areas. Mammal predators within WHAs are not above natural levels, or levels ecolog- ically sustainable for avian productivity in the NWR. Pets and feral animals do not get into habitat areas. Native pollinators are present, including long-distance migratory species. The bayfront and Chula Vista's urban core are increasingly connected with neighborhoods to the east as shown through visits via public transit, pedestri- ans, bicycles. Cooling zones, provided by shade-producing vegetation and cooling struc- tures, accommodate people during intensifying heat waves. People of all abilities and social groups are recreating, learning, thriving as they experience natural resources. Signature Park engages and inspires the public about coastal and bay-estuarine natural resources. Volunteer and other public engagement is occurring. People want to volunteer as docents, monitors, weed pullers, trash collectors. Children are connecting with nature. Nature conservation groups are visiting. Awareness and attitude surveys of employees, residents, business owners show positive understanding of sustainable living with natural resources. Organized visits occur by those interested in urban sustainability. Organized ecotours take place. Quiet, peaceful communion with nature and family is commonplace. Interpretive signage and brochures significantly add to the visitors knowledge and appreciation of the natural resources of the Bayfront. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 664 There are demonstration sites for education about stormwater capture and urban runoff quality (Settlement Agreement 4.6), and other techniques that mimic watershed processes for clean water. Other demonstration sites could show examples of sustainable design within the CVBMP footprint, such as minimizing the ecological footprint of water consumption, carbon, and habitat adjacency (such as appropriate lighting and management of bird strikes). Seamless management across jurisdictions. Management is consistent with tidelands trust requirements and restrictions. Management approach provides a clear process for adapting to climate change as future development plans come forward. The NRMP serves as a model plan for other coastal management efforts in Cali- fornia and the United States. A sustainable and prioritized comprehensive funding program is identified, developed, and maintained. Funds are efficiently used to achieve project goals. An adaptive management and monitoring strategy provides for best available sci- ence and real-world capacity to continuously implement the best strategies. Enhancement opportunities are aligned to optimize benefits to people and native fish and wildlife communities as measured by ecosystem services. Partnerships allow cost-efficient implementation of longer-term goals and objectives: -Restoration projects are improved through financial partnerships, such as through grants or market-based opportunities. -Environmental organizations whose own objectives can be achieved by partic- ipating in the implementation of the NRMP. Grant funding is attracted to area. Awareness of the key findings of supporting research projects by decision-mak- ers and the public. Mitigation projects are effective at contributing to NRMP goals and objectives. Some implementation roles are identified in the CCDP, the MMRP, and the CVBMP Settlement Agreement. Direct quotes from NRMP controlling documents are pre- sented in blue boxes below. Advisory recommendations of this NRMP on how to accomplish some of the NRMPs articulated goals are not in blue boxes. Please see the Appendix C:Setting for tables on the CVBMP parcels, regulatory drivers, and a map of jurisdictional waters and wetlands as described at the time of the CVBMP EIR. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 665 Funding for the implementation of the NRMP will be provided by the District, City and RDA. To meet these obligations, the District, City and RDA will commit reve- nues or otherwise provide funding to a JPA formed pursuant to the California Marks-Roos Act, Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code. District, City, and RDA will ensure the JPA is specif- ically charged to treat the financial requirements of this agreement as priority expenditures that must be assured as project-related revenues are identified and impacts initiated. The District, City and RDA expressly acknowledge the funding commitments contemplated herein will include, but not be limited to funding for personnel and overhead or contractor(s)/consultant(s) to implement and ensure the following functions and activities (Settlement Agreement 3.4): On-site management and enforcement for parks and Wildlife Habitat Areas as necessary to enforce restrictions on human and Predator access regarding Wildlife Habitat Areas (Settlement Agreement 3.4.1); Enforcement of mitigation measures including, but not limited to, trash col- lection, noise restrictions, removal of invasive plants, habitat restoration, and park use restrictions (Settlement Agreement 3.4.2); Coordination, development, implementation and evaluation of effectiveness of education and mitigation programs, including implementation of the NRMP (Settlement Agreement 3.4.3); Evaluation of effectiveness of bird strike mitigation and design measures (Set- tlement Agreement 3.4.4); Water quality protections (Settlement Agreement 3.4.5); and Coordination of injured animal rehabilitation activities (Settlement Agreement 3.4.6). Ensure the Port, City and RDA are not required to expend funds for NRMP imple- mentation until project-level revenues are identified in accordance with Section 3.4 \[of the Settlement Agreement\] and impacts initiated (Settlement Agreement 4.1.1) The NRMP Implementation Table summarizes the strategies presented in the NRMP and some implementation roles. Among other descriptive information for each strategy, the Implementation Table also identifies the event that triggers the strategy, the current status of implementation and the entity responsible for fund- ing. This table will be used to guide and track NRMP implementation. Some roles and responsibilities are defined through mitigation requirements. The following tables in Sections 7.4 through 7.4.1.3 are developed from the MMRP of the CVBMP EIR. They show the mitigation acreage and responsible party as it was assigned, by land cover or wetland type. However, the footprint of the CVBMP area has changed since publication of the EIR because the switchyard has been removed from the footprint.Therefore, as portions of the CVBMP project are designed and undergo further environmental review, impacts will be calculated and addressed. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 666 I.RESERVATION OF DISCRETION. The contents of this Agreement notwith- standing, District and City reserve their discretion to approve or disapprove all actions which require by law the exercise of discretion and which District and City cannot lawfully be committed to by contract. Such reservation of discre- tion will apply to all contemplated legislative and quasi-judicial actions include, without limitation, approval of land use entitlements, CEQA compli- ance, the exercise of eminent domain, code enforcement and the making of findings and determinations required by law (Settlement Agreement 22). II.THE DISTRICT'S AND CITY'S UNDERTAKINGS. The undertakings of the District and City set forth in Settlement Agreement Sections 3 through 10 and 13 through 16 of this Agreement provide additional mitigation measures that will be incorporated into the Final EIR and the MMRP, and will be imple- mented by the District and City and may be enforced by the Coalition or any member organization as mitigation measures. The Parties further agree that the Coalition or any member organization have standing to enforce mitigation measures pursuant to Code of Civil Procedure section 1085 and Public Resources Code section 21081.6(b) (Settlement Agreement 21). III.Notwithstanding the preceding provisions of this Section 17, in the event the Proposed Project is approved, the Coalition reserves the right to object to any material failure to implement the Proposed Project in compliance with this Agreement, the MMRP and all applicable laws, regulations or permit require- ments (Settlement Agreement 17.7). Table7-5, Table7-6, and Table7-7 summarize mitigation estimates and ratios in the CVBMP EIR, which is the controlling document for these mitigation ratios. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 667 The expected impacts of the development to be mitigated are identified in Table7-8 and Table7-9, as described in the CVBMP EIR. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 668 The mitigation requirements for the development on City lands are identified in Table7-10 and Table7-11. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 669 I.Funding for the implementation of the NRMP and for the enforcement and implementation measures shall be provided by the District and City. To meet these obligations, the District and City will commit revenues, or otherwise pro- vide funding to the JPA, formed pursuant to the California Marks-Roos Act, Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of the California Gov- ernment Code. District and City will ensure the JPA is specifically charged to treat the financial requirements described this policy as priority expenditures that must be assured as project-related revenues are identified and impacts ini- tiated. The District and City expressly acknowledge the funding commitments contemplated herein will include, but not be limited to, funding for personnel and overhead or contractor(s)/consultant(s) to implement and ensure the fol- lowing functions and activities (Settlement Agreement 3.4; CCDP 22.1): A.On-site management and enforcement for parks and WHAs as necessary to enforce restrictions on human and predator access (Settlement Agree- ment 3.4.1; CCDP 22.1(a)); B.Enforcement of mitigation measures including, but not limited to, trash col- lection, noise restrictions, removal of invasive plants, habitat restoration, and park use restrictions (Settlement Agreement 3.4.2; CCDP 22.1(b)); C.Coordination, development, implementation and evaluation of effectiveness of education and mitigation programs, including implementation of NRMP (Settlement Agreement 3.4.3; CCDP 22.1(c)); D.Evaluation of effectiveness of bird strike mitigation and design measures (Settlement Agreement 3.4.4; CCDP 22.1(d)); E.Water quality protections (Settlement Agreement 3.4.5; CCDP 22.1(e)); and F.Coordination of injured animal rehabilitation activities (Settlement Agreement 3.4.6; CCDP 22.1(f)). II.The Port/City shall assign personnel resources to implement the NRMP, at a minimum equivalent to one full time (average 40 hours per week) employee whose duties will include, among others, Program coordination and manage- ment, designated to track and coordinate implementation of the NRMP. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 670 III.The Ranger/Docent responsibilities proposed for CVBMP education, out- reach will be initiated as project-related revenues are identified in accordance with Section 3.4 of the Settlement Agreement. IV.Predator management, including management of natural and domestic pred- ator control and trash management to avoid attracting predators, will be implemented as is currently done by the Port with a qualified entity and/or agency. V.The Port/City will dedicate staff resources as needed to apply for and secure grant funding for NRMP and restoration projects to meet the obligations in the Controlling Documents and to support qualifying projects I.Conduct studies as necessary to establish sensitive habitat values to support res- toration and mitigation planning. II.The WAG will advise the JPA on expenditure of the Community Benefits Fund consistent with this Plan subject to applicable law (Settlement Agreement 10.6; CCDP 17.3). Written recommendations from the WAG will be forwarded to the District and City for consideration on key decisions as the build-out of the Chula Vista Bayfront project occurs (Settlement Agreement 10.7; CCDP 17.3). III.PACIFICA INITIAL SALE UNIT CONTRIBUTION. Pacifica Initial Sale Unit Contribution Funds shall be directed to the JPA and placed into a Community Benefits Fund that will be non-wasting, with interest revenues committed to the specific broad categories of: Natural Resources; Affordable Housing; Sus- tainability/Livability; and Community Impacts and Culture. The Community Benefits Fund revenues shall be spent within the Project Area and Western Chula Vista as further described in Section 10.6, subject to applicable law (Set- tlement Agreement 3.5). A.The Chula Vista Bayfront Foundation has been established at the San Diego Foundation for the receipt and management of the Pacifica re-sale commit- ments outlined in an associated document. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 671 The General Principles outlined in Chapter1.0 of this NRMP all pertain to the strate- gic implementation of this NRMP. For example, ecosystem-based management and the use of ecosystem services both provide a framework to evaluate the pros and cons of management from a planning perspective rather than a regulatory driver. They are tools for making more transparent the risks and consequences of choices made. The use of ecosystem services as a framework may resonate with funding agencies since it is emerging federal policy. But no one tool will suffice. Many of the climate change adaptation strategies are contained here because the scale of that problem crosses all scales, jurisdictions, and natural resources concerns of this NRMP. The WAG will continue to play a key role in advising the District and City in the implementation of this NRMP. As stated in the CCDP, the WAG will advise on cooperative management agreements, Adaptive Management Review and any related wildlife management and restoration plans or prioritizations. The WAG will engage in partnering, education, and volunteerism to support the development of the Chula Vista Bayfront in a manner that effectively protects and enhances the fish, wildlife, and habitats of the area and educates and engages the public (Settle- ment Agreement 10.1; CCDP 1.1, 17.1). The WAG will: (i) determine the effectiveness of the NRMP in achieving the Man- agement Objectives; (ii) identify any changes or adjustments to the NRMP required to better achieve the Management Objectives; (iii) identify any changes or adjustments to the NRMP required to respond to changes in the man-made and natural environments that are affecting or, with the passage of time may affect, the effectiveness of the NRMP in achieving the Management Objectives; and (iv) review priorities relative to available funding. At its periodic meetings, the WAG may also consider and make recommendations regarding (a) implementation of the NRMP as needed, (b) Adaptive Management Review and (c) NRMP Amend- ments (Settlement Agreement 10.5; CCDP 17.2). I. IDENTIFICATION OF GRANTS. Coalition will use reasonable best efforts to identify, and at each member organization's sole discretion to support, grants and other funding options to assist the District and City meet their obligations under this Agreement (Settlement Agreement 19). Goal ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 672 I.Stay informed of sea level rise projections, risks, and anticipated impacts and management strategies. A.Participate in annual events with scientists and stakeholders (including other jurisdictions) to understand, incorporate and disseminate informa- tion regarding sea level rise and its impacts in the south bay. II.Optimize the use of mitigation opportunities to adapt to sea level rise. Use mit- igation (outside of the MMRP and Appendix 4.8-8 of the EIR) and grant fund- ing opportunities as pathways to climate change resilience (see Settlement Agreement Section 5). III.Ensure coordination with the District and City Climate Mitigation and Adap- tation Plans (CCDP 3.2). A.Sea Level Rise Best Science and Coordination with Climate Mitigation and Adaptation Plans. Development shall consider the potential changes in functionality of WHA due to rising sea levels and coordinate management with the District and City Climate Mitigation and Adaptation Plans. Siting and design of new shoreline development shall take into account predicted future changes in sea level. In particular, an acceleration of the historic rate of sea level rise shall be considered and based upon up-to-date scientific papers and studies, agency guidance (such as the 2010 Sea Level Guidance from the California Ocean Protection Council), and reports by national and international groups such as the National Research Council and the Inter- governmental Panel on Climate Change (CCDP 3.2). B.Seek to cooperate with other relevant jurisdictions (regional/watershed scale) on a coordinated approach to manage for sea level rise, based on updated information and guidance from information-sharing events, as well as efforts and results already achieved by others. IV.Consider taking early actions to forestall sea level rise impacts if helpful, such as early soil removal and reconnecting the on-site seasonal marsh to F&G street marsh, consistent with Settlement Agreement 4.4.5 and CCDP 14.5. V.Review and revise sea level rise management strategies for the Chula Vista Bay- front as new information develops to interpret change in habitat quantity or quality of the WHAs and their connections. VI.Consider sediment placement options for sea level rise adaptation through a grant or other funding, to include a feasibility study that includes a cost-effec- tiveness assessment. As sea level rise continues over time, the water depth in the area undergoing sea level rise will increase. The reduction in sediment supply to San Diego Bay that has occurred historically, and is expected to continue in the future, will make it difficult for ground elevations to increase via sedimentation. Sediment could be added to the CVBMP area to counter the inundation effects of sea level rise. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 673 VII.Consider means to accelerate design and implementation of softer shorelines for accommodating sea level rise, starting with the CVBMP Buffer Areas. I.It is recommended that practices to reduce and/or sequester emission of carbon dioxide and other climate change gases be maximized in the CVBMP area through education, outreach, and demonstration projects. II.Consider carbon sequestration value of habitats such as eelgrass and salt marsh when planning and funding habitat work (refer to Appendix D:Sea Level Rise, Cli- mate Change, and Carbon Sequestration Assumptions). Carbon sequestration occurs at a relatively high level in salt marsh soils, and somewhat less in mudflats and in upland vegetation. This should be part of the equation when optimizing mit- igation strategy as it is a potential source of funding for salt marsh improvement (refer to Appendix E:Potential Concepts for Beyond ComplianceŽ Conservation). A.Seek grant funding for a financial feasibility analysis for incorporating car- bon offsets as a part of mitigation strategy that benefits habitat goals. I.Consider seeking cost-benefit and trade-off analyses that are ecosystem-service based, and based on the south bays core values (refer to Section1.3:The Bay- front Environs Core Natural Resource Values) and NRMP indicators, so that the short and long-term implications of choices are clear and the benefit of nat- ural resources are fully accounted for. Consider the trade-offs between resto- ration work that is constrained as to habitat type, scale and location, but may not capture the most benefit from a particular location. II.Consider a unified conceptual plan for habitat within and adjacent to the CVBMP footprint in order to seek grant funding and to integrate mitigation opportunities. III.If appropriate, routinely analyze the trade-off between soft and hard infrastruc- ture, or of hybrid infrastructure solutions. Trade-offs include any predisposi- tion to attract or harbor invasive species. IV.Improve the capacity to meet habitat and sea level rise adaptation purposes of this NRMP through coordinated grant funding, opportunities for market-based solu- tions such as for carbon offsets, and capacity building for decision-makers and managers. Some of the capacity to meet the NRMP vision may necessarily be regional in approach. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 674 south bayÔs core values and most EnvironÔs Core Natural Resource A.Implementation of some NRMP recommendations might benefit from a bay- wide or regional approach. For example, restoring as much of the missing tidal flats, marsh, and upland transition habitats as possible, would benefit from a broader management framework, financial feasibility plan, and grant funding, as consistent with landowner mission, policy, and plans (see Appendix E:Potential Concepts for Beyond ComplianceŽ Conservation). B.Seek a grant for capacity building for decision-makers, managers, and stake- holders as appropriate. The funds would help establish a framework of continu- ing education and networking with peer organizations.The intent is to improve decisions and the ability to interpret the goals of this NRMP as issues arise. 1.Consider participating in peer learning networks to support collabora- tive planning. A model could be the National Forest Foundation. Increase the capacity for a unified message and for advising decision- makers based on the core ecosystem values of south bay and indicators (Section1.3:The Bayfront Environs Core Natural Resource Values), and threats to vulnerable natural resources. 2.If resources allow, compile case studies of successful outcomes locally and from other locations for collaborative landscape restoration. These can be more powerful for collaborative learning and beneficial change than a formal monitoring program. 3.Maintain continuity of the knowledge infrastructureŽ through person- nel and membership transitions, to strengthen stakeholder capacity and ability to benefit the CVBMP project area. I.The NRMP will promote, at a minimum, the maintenance and improvement of water quality where possible and coordination with other entities charged with watershed protection activities (CCDP 1.3). II.Work with partners to correct problems with retrofitting, repair, and maintenance of existing stormwater and flood infrastructure; examples of such challenges include temporary species impacts or activities that encourage invasive species. III.Where and when possible, recover the natural sediment condition of the CVBMP habitats, which was a combined function of the contributing water- sheds and tidal regime, and which sustained wetland and marine habitats with fine sediment and other. IV.Pursue improvements to prevent litter and pollutants from entering the storm- water collection system. In situations where this is not achieved, provide mea- sures to remove them prior to discharge into the bayfront habitat areas. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 675 Ensure the Port, City and RDA are not required to expend funds for NRMP imple- mentation until project-level revenues are identified in accordance with Section 3.4 \[of the Settlement Agreement\] and impacts initiated (Settlement Agreement 4.1.1). Funding for the mandatory strategies described in blue boxes and core strategies with green lines is included in financial planning for project implementation. Depending on the type of strategy, these will be funded as a part of construction project costs, operation and maintenance costs, or other identified funding includ- ing grants. The NRMP Implementation Table generally identifies the Project Propo- nent, which may be the Port, City, or a developer, as having Funding Responsibility for design and construction oriented strategies. Operation and maintenance strate- gies are generally the responsibility of the Port, City or JPA. For the adaptive or future aspects of the project, the following five evaluation crite- ria align with this NRMPs guiding principles (Section1.4:The NRMPs Core Guid- ing Principles), and could be used to evaluate proposals or emergent financing opportunities, whether work is required by the NRMPs controlling documents or is recommended to meet NRMP goals and objectives. Which NRMP objectives are achieved by the proposed work? Is the proposed work required by the Settlement Agreement, CCDP, or MMRP? Identify which indicators and conservation planning species benefit from the proposed work (see Figure E-2). (These species are to help consider design crite- ria such as tidal range, sediment, size, or slope of habitat area.) What primary (P) and secondary (S) ecosystem services are provided? Check off in Table7-12 if, for example: -Water quality threat addressed; -Flood protection benefit delivered; -Species abundance threat reduced; -Species habitat improved; -Increased recreational opportunity; -Increased land value for property adjacent to new natural areas; -Improved proximity of nature to recreators; -Proximity to trails, roads, boat ramps; -Resident or visitor usage rates and people are within walkable, drivable distances of the resource. Additional Ranking Criteria as appropriate: -Builds resilience against a known vulnerability identified in the NRMP (cli- mate change, invasion, feral predators). -Reduces a threat through habitat improvement in quantity or quality (such as risk to conservation planning species by providing escape cover from predators). -Reduces user conflict. -Addresses multiple, cumulative impacts - e.g. environmental, subsistence fish- eries, commercial fisheries, biodiversity, etc. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 676 -Protects a restoration investment or a future restoration opportunity. -Ecosystem-based. Gets to the underpinnings of ecosystem values (physical attributes that foster habitat quality). -Increases ecosystem services: nature-people interface, carbon stocks. -Restores missingŽ habitat elements from historical mudflat, salt marsh, and/or upland transition. -Ecosystem trade-offs are analyzed transparently. -Project may be replicated, scaled up, or may catalyze other beneficial work. -Strengthens other bay-related planning processes. -Improves probability of successful implementation of CVBMP goals and objec- tives by making them more operational (provides a valuable management step). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 677 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 678 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 679 Ecosystem-based management has become institutionalized in resource agencies as a core approach to addressing the challenges of protecting and managing ecosystem functions for the benefits they provide. Human activities on land and in the ocean are changing coastal and marine ecosys- tems and threatening their ability to provide important benefits to society, such as healthy and abundant seafood, clean beaches, and protection from storms and flooding. Ecosystem-based management is a management approach to address these challenges. It considers the whole ecosystem, including humans and the envi- ronment, rather than managing one issue or resource in isolation. Key aspects of Ecosystem-based management include (NOAA 2013): Integration of ecological, social, and economic goals and recognition of humans as key components of the ecosystem. Consideration of ecological„not just political„boundaries. Accounting for the complexity of natural processes and social systems and using an adaptive management approach in the face of resulting uncertainties. Engaging multiple stakeholders in a collaborative process to define problems and find solutions. Incorporating an understanding of ecosystem processes and how ecosystems respond to environmental perturbations. A concern for the ecological integrity of coastal-marine systems and the sus- tainability of both human and ecological systems. The following is derived from the Ecological Society of Americas (ESA) position on ecosystem management as best science. The ESA describes ecosystem management as driven by explicit goals, executed by policies, protocols, and practices, and made adaptable by monitoring and research based on our best understanding of the eco- logical interactions and processes necessary to sustain ecosystem composition, structure, and function. It includes the following elements: 1.Sustainability. Ecosystem management does not focus primarily on delivera- blesŽ but rather regards intergenerational sustainability as a precondition. 2.Goals. Ecosystem management establishes measurable goals that specify future processes and outcomes necessary for sustainability. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 680 3.Sound ecological models and understanding. Ecosystem management relies on research performed at all levels of ecological organization. 4.Complexity and connectedness. Ecosystem management recognizes that biologi- cal diversity and structural complexity strengthen ecosystems against distur- bance and supply the genetic resources necessary to adapt to long-term change. 5.The dynamic character of ecosystems. Recognizing that change and evolution are inherent in ecosystem sustainability, Ecosystem management avoids attempts to freezeŽ ecosystems in a particular state or configuration. 6.Context and scale. Ecosystem processes operate over a wide range of spatial and temporal scales, and their behavior at any given location is greatly affected by surrounding systems. Thus, there is no single appropriate scale or time- frame for management. 7.Humans as ecosystem components. Ecosystem management values the active role of humans in achieving sustainable management goals. 8.Adaptability and accountability. Ecosystem management acknowledges that current knowledge and paradigms of ecosystem function are provisional, incomplete, and subject to change. Management approaches must be viewed as hypotheses to be tested by research and monitoring programs. Ecosystem function depends on its structure, diversity and integrity. Ecosystem man- agement seeks to maintain biological diversity as a critical component in strengthen- ing ecosystems against disturbance. This challenge is compounded by the fact that diversity itself is a dynamic property of ecosystems. Thus, management of biological diversity requires a broad perspective and recognition that the complexity and func- tion of any particular location is influenced heavily by the surrounding system. Spatial and temporal scale are critical. Ecosystem function includes inputs, outputs, cycling of materials and energy, and the interactions of organisms. In order to mon- itor and manipulate these processes, scientists define ecosystem boundaries opera- tionally. But boundaries defined for the study or management of one process are often inappropriate for the study of others; thus, ecosystem management requires a broad view. The mismatch between the scales at which humans make resource man- agement decisions and at which ecosystems operate presents the most significant challenge to ecosystem management. Uncertainty, surprise and limits to knowledge. Ecosystem management acknowledges that, given sufficient time and space, unlikely events are certain to occur. Adaptive management addresses this uncertainty by combining democratic principles, scien- tific analysis, education and institutional learning to increase our understanding of ecosystem processes and the consequences of management interventions, and to improve the quality of data upon which decisions must be made. Humans as Ecosystem Components. Ecosystem management is as concerned with managing human activities as with managing lands and waters. There is little doubt that the resources upon which humans depend are delivered from ecosystems in finite quantity. Even more daunting is the fact that the delivery capacity of these resources is not distributed uniformly across the globe or in patterns that necessar- ily correlate with human demand. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 681 Defining Sustainable Goals and Objectives. Ecosystem management recognizes that to meet resource demands sustainably we must value our ecosystems for more than economically important goods and services. Sustainable strategies for the provision of ecosystem goods and services cannot take as their starting points statements of need or want such as mandated timber supply, water demand, or arbitrarily set har- vests of shrimp or fish. Rather, sustainability must be the primary objective, and lev- els of commodity and amenity provision must be adjusted to meet that goal. Reconciling Spatial Scales. Implementation of Ecosystem management would be greatly simplified if management jurisdictions were spatially congruent with the behavior of ecosystem processes. Given the variation in spatial domain among pro- cesses, one perfect fit for all processes is virtually impossible; rather, ecosystem man- agement must seek consensus among the various stakeholders within each ecosystem. Reconciling Temporal Scales. Whereas management agencies are often forced to make decisions on a fiscal year basis, Ecosystem management must deal with times- cales that transcend human lifetimes. Thus, while recognizing the need to make short-term decisions, and while acknowledging that unlikely events do happen, ecosystem management requires long-term planning and commitment. Making the System Adaptable and Accountable. Successful ecosystem management requires institutions that are adaptable to changes in ecosystem characteristics and in our knowledge base. But to view management as experimental is not to advocate capricious implementation of untried or avant-garde actions. It is rather to acknowl- edge the limits of our understanding of even conventional management procedures to the complex array of ecosystem components necessary for sustained functioning. Ecosystem management is not a rejection of an anthropocentric for a totally biocentric world view. Rather it is management that acknowledges the importance of human needs while at the same time confronting the reality that the capacity of our world to meet those needs in perpetuity has limits and depends on the functioning of ecosystems. An ecosystem services approach begins with human dependency on nature. Ecosys- tem services are the direct and indirect contributions of ecosystems to human well- being. The approach considers the economic significance of biodiversity loss and ecosystem degradation in terms of negative effects on human well-being. A tiered approach: value, be it intrinsic, social or contemplative Recognizes the economic value of a service in order to respond (example: Demonstrates the natural sewage treatment of a wetland) function value by rewarding and supporting good conservation (e.g., payment Captures for ecosystem services). Economic valuations communicate the value of ecosystems and biodiversity and their largely unpriced flows of public goods and services. Evaluating and integrating good stewardship is good economic practice. Natural solutions, when available, are more cost-effective than technical solutions. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 682 The conceptual framework for organizing ecosystem services places them in four categories: provisioning, ecosystem-regulating, supporting, and cultural services. These categories and examples are consistent with the broad international literature on ecosystem services (for instance, see Haines-Young and Potschin 2011). are the goods or products obtained from ecosystems: food, Provisioning services fiber, raw material, fresh water, medicinal resources, genetic resources. are the benefits obtained from an ecosystem's con- Ecosystem regulating services trol of natural processes: local climate and air quality regulation, carbon sequestra- tion and storage, moderation of extreme weather events, water purification and wastewater treatment, erosion prevention and maintenance of soil fertility, pollina- tion, pest regulation through biological control. : habitats for species, maintenance of genetic diver- Habitat or supporting services sity, primary productivity (photosynthesis), soil formation, nutrient cycling, water cycling. are the non-material benefits people obtain from ecosystem ser- Cultural services vices: recreation and mental and physical health, tourism, aesthetic appreciation and inspiration for culture, art and design, ethical values, spiritual experience and sense of place. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 683 This Appendix describes the setting of the CVBMP footprint. The proposed devel- opment and use by parcel is presented first followed by a description of important natural resources and ecosystem functions and connections. Historic habitat loss and land use of San Diego Bay is detailed last. For a detailed description of natural resources within the CVBMP footprint, see the CVBMP Final EIR (2010). TableC-1 presents the proposed uses and specifications for each of the parcels within the CVBMP footprint as shown in Map1-2. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 684 TableC-2 presents the parcels within the CVBMP and the vegetation commu- nity/land cover type for each. Due to changes in the project design, development of parcels may have changed since the CVBMP EIR (2010) was finalized. *Navigational Channel ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 685 *Navigational Channel ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 686 *Navigational Channel ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 687 *Navigational Channel Detailed habitat and species descriptions, locations, and extents are provided in the CVBMP Final EIR (2010) and other studies and reports maintained by the Port (some of which are subsequent to EIR publication). South San Diego Bay provides habitat values unique to the bay and Southern Cali- fornia Bight. These values are described below. Eelgrass beds provide a significant nursery for over 25 fish species that utilize San Diego Bay. Habitats of south San Diego Bay supports fish species, including important fishery species, during the larval and juvenile life stage, such as California halibut, white sea bass, northern anchovy, and spotted and barred sand bass. South San Diego Bay provides protection from predators for fish eggs and larvae in eelgrass, salt marsh, and open currents. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 688 South San Diego Bay habitats support populations of forage fish (e.g., slough anchovy, topsmelt, and shiner perch) of the California least tern and many other birds and fishes. Intertidal mudflats are important foraging habitat for fish during high tide and shorebirds at low tide. South San Diego Bay is the only ecoregion in the Bay where green sea turtles are known to forage. Largest expanse of protected waters in southern California for migratory birds on the Pacific Flyway. South San Diego Bay is a Western Hemisphere Shorebird Reserve Network Site, with more than 20,000 shorebirds per year. 1 Globally important numbers of seabirds, such as gull-billed terns and Caspian terns, nest in south bay. Twelve species of fish indigenous to bays and estuaries of the Southern California Bight utilize the south bay. NOAA Essential Fish Habitat of Particular Concern includes estuary and eelgrass habitats in south bay. The south bay is the northern range for many fish species commonly encountered further south in eastern subtropical and tropical Pacific and not normally distrib- uted in the Southern California Bight, including the California halfbeak, bonefish, California needlefish, shortfin corvine, Pacific seahorse, California butterfly ray, banded guitarfish, red goatfish, Pacific sierra, green jack, midline thread herring, and scalloped hammerhead. San Diego Bay serves as important habitat for a resident population of up to 60 juvenile and adult ESA-listed green sea turtles (Eguchi et al. 2010). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 689 Uplands transitions have unique plant assemblages. -Characteristic species include: California boxthorn, variegated dudleya, salt- grass, sea-blite, alkali heath, and sea lavender. -Special status plant species include salt marsh bird's beak, coastal dune milk vetch, Brand's phacelia, southwestern spiny rush, estuary suaeda, woolly seablite, San Diego County viguiera, San Diego barrel cactus, variegated dud- leya, Nuttall's lotus, Palmer's frankenia, and red sand-verbena. Special status wildlife species include: San Diego black-tailed jackrabbit, west- ern burrowing owl, and loggerhead shrike. The silvery legless lizard is a special status reptile. Certain birds forage in wave wrack lines, such as the large-billed savannah spar- row, Belding's savannah sparrow, and flycatchers. Uplands provide nesting sites for colonial seabirds, rare shorebirds, and burrow- ing owls. Coastal upland invertebrates are the primary prey for many species of wildlife and are important as pollinators, including: funnel web weavers, wolf spiders, trap- door spiders, endemic nocturnal sand spiders, globose dune beetle, sandy beach tiger beetle, mudflat tiger beetle, and wandering skipper. Uplands help buffer rises in sea level and may provide for habitat migration. The USACE, the CDFW, and the CCC all have jurisdiction of wetlands in the project footprint. MapC-1 details the jurisdiction of each agency. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 690 FigureC-1 depicts common fish species found in south San Diego Bay and high- lights the species that are characteristic only in the southern ecoregion of San Diego Bay due to habitat conditions. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 691 0 ¦¤ 692 Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 693 South San Diego Bay can be split into three distinct foraging habitats: upland transi- tional, intertidal, and subtidal. Bird species that utilize south San Diego Bay exploit different foraging habitats depending on the adaptations and specializations of each species, demonstrated in FigureC-2. Upland habitat is frequently used for roosting and foraging sites by bird species that normally occupy intertidal and subtidal habitats when those areas are inundated. As a transitional habitat, it maintains connectivity between habitats throughout the bay. San Diego Bays broad, gentle slopes provides a range of water depths in intertidal habitats to accommodate a wide assemblage of bird species, including shorebirds, marsh birds, and dabbling ducks. Shorebird species are particularly well-adapted with varying bill lengths, leg lengths, and foraging strategies to exploit the changing topography within the bay. In addition, the unique vegetation found in salt marsh habitat provides cover for the federally- and state-listed light-footed clapper rail. Subtidal areas are utilized by diving birds such as pelicans, cormorants, and diving ducks that search for prey from the water surface or from the air. Salt marsh habitat shelters rare resident, specialist birds such as the light-footed clapper rail; produces abundant fish and wildlife; and sequesters carbon at a much higher level than other habitats (see also SectionD.3:Carbon Sequestration Benefits & Potential in Wetlands). The following are physical conditions favor species reproduction, growth, and diversity of aquatic and marine species. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 694 Mosaic of habitats supports the maximum species and densities of birds. Connectivity for fish. Buffer from urban uses (watershed functions, clean fresh water and sediment sources). Slow tidal retreat, range of tidal depths to maximize foraging time for different foraging strategies. Hydroperiod. Water quality. Warm, nutrient-rich, shallow waters, which enable the presence of larval and juvenile fish in large numbers. Broad, intertidal shorelines with gentle slopes. Environmental gradients and transitions of salinity, non-vegetated, vegetated Shelter from waves; areas of quiet water. Higher salinities provide for organisms indigenous to estuaries. Brackish water provide for certain species such as avian dabblers. Sediment size (fine, particularly) that support benthos. Substrate complexity and structural patch richness. Topographic complexity on micro scale to trap water, allow anchoring, to hold on. Upland refugia for birds during high tide and tidal surges. Microchannels in mudflats and marshes. Plankton. Vegetation - algae, eelgrass, salt marsh. Vertical biotic layers. Horizontal interspersion of vegetation. Invasion, aggressive or over-abundant species. Benthic invertebrate abundance. TableC-4 estimates habitat losses within San Diego Bay from 1859 to 1995 by com- paring a 1859 geodetic chart and 1995 aerial photo, as updated in 2007. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 695 Chula Vista is located within the historical territory of the Kumeyaay peoples. At the time of Spanish contact, the Kumeyaay were nomadic and inhabited portions of present-day San Diego County, Imperial County, and Baja California, Mexico. They lived in autonomous bands that typically occupied a main village and several smaller inhabitations, moving seasonally based on food sources (Loumala 1978; City of Chula Vista 2012c). The Kumeyaay peoples practiced a fairly typical hunting-and-gathering routine com- mon among California Native Americans. Kumeyaay peoples living along the coast gathered clams, abalone, scallops, sea stars, octopuses, and other marine species from lagoons and tidepools, and gathered grunion during runs (Baksh n.d.). Tule reeds were used to make boats, or balsas, for offshore fishing (Hoffman and Gamble 2006). Hooks made from abalone shells and yucca fiber lines were used for fishing, as were agave or yucca fiber nets and spears made with cactus thorns (Baksh n.d.). While the Kumeyaay peoples hunted large game (e.g., deer, mountain sheep, and antelope), they relied primarily on small game (e.g., rabbits, ground squirrels, woodrats, and other small animals) and birds (e.g., pigeons, doves, larks, robins, quail, and other birds) (Baksh n.d.). Bow and arrows were used for hunting game animals, and birds and traps, clubs, throwing sticks, and yucca fiber nets were used to capture small game ani- mals (Baksh n.d.). While hunting game provided the Kumeyaay peoples with import- ant sources of protein and fat, the bulk of their diet came from plant foods, such as edible seeds, nuts, beans, fruits, and other plant foods (Baksh n.d.). Acorns were a sta- ple of the Kumeyaay peoples diet, and agave, pine nuts, chia, wild cherry, yucca buds and seeds, manzanita berries, elderberries, and mesquite beans were other plant foods consumed (Loumala 1978; Baksh n.d.; Hoffman and Gamble 2006). In 1769, Spanish colonization of Alta California began with the arrival of Father Cre- spi and Father Junipero Serra (City of Chula Vista 2005). The creation of the mission system impacted the Kumeyaay culture, especially their socio-political structure (Loumala 1978). In 1795, Chula Vista became part of the Spanish land grant, Rancho del Rey (The King's RanchŽ), that served as grazing lands for large herds of cattle and horses (Chula Vista Historical Society 1991; City of Chula Vista 2012a, 2012c). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 696 Following Mexican independence from Spain in 1821, there were fundamental changes in California. Missions were secularized or abandoned, and large land grants (ranchosŽ) were given to citizens. In 1831, Rancho del Rey became the Rancho de la Nacion (National RanchŽ), which encompassed the area now known as Chula Vista, National City, Bonita, Sunnyside, and the Sweetwater Valley (City of Chula Vista 2012b). Rancho de la Nacion was also used as grazing land for cattle and horses until 1845, when the land was granted to John Forster (City of Chula Vista 2012b). At the end of the Mexican-American War in 1848, California became part of the United States' territory. In 1850, California became a state and under American law land grants such as Forster's were allowed to continue as private property. Forster eventually sold the land to a French developer, who in turn sold it to the Kimball brothers in 1868. This would be the beginning of Chula Vista, as the Kimball broth- ers wanted to turn the land into productive American cities and farms (City of Chula Vista 2012b, 2012c). In the 1880s the American settlement boom began in the area, and by 1889 there were ten houses under construction and the City of Chula Vista was created (City of Chula Vista 2012b). The subtropical climate and long growing season of the San Diego region meant that certain crops performed exceptionally well. In 1888, the Sweetwater Dam was com- pleted and brought water to Chula Vista residents and farms (City of Chula Vista 2012c). Citrus trees were found to be extremely successful, and for a while Chula Vista was the largest lemon-growing center in the world. Aside from lemons, main crops were celery, tomatoes, strawberries, lettuce, cucumbers, and marigolds. In the 1920s, Mexican and Japanese immigrants provided the majority of agricultural labor (City of Chula Vista 2012c). The Great Depression affected the area, but agri- culture provided Chula Vista with a considerable income (City of Chula Vista 2012a). In 1931, lemon orchards produced approximately $1 million in revenue, and celery brought in almost $600,000 (City of Chula Vista 2012a). Salt works is also a part of the historic land use of the Chula Vista bay region. In 1870, La Punta Salt Works was established in the southeast corner of the San Diego Bay, but the facility closed in 1901 (ORWMP 2006). The Western Salt Company was established in 1902 about a quarter mile northeast of La Punta Salt Works location (ORWMP 2006). In 1911, more land was purchased in the south end of the Bay to expand the facility and by 1916 the facility stretched across the entire end of the South Bay (ORWMP 2006). This expansion eliminated historic salt marsh and mudflat habitat with the creation of diked evaporation ponds (ORWMP 2006). A flood in 1916 damaged the facility, but it was reconstructed by 1918 (ORWMP 2006). In 1922, the facility switched ownership to the H.G. Fenton Company, and in 1999 approximately 964 acres of the salt works was incorporated into the South Bay Unit of San Diego Bay NWR (ORWMP 2006). Wartime production also played a significant role in the history of Chula Vista. In 1916, the Hercules Powder Company built a kelp processing plant on Gunpowder Point (Living Coast Discovery Center 2013). Acetone and potash were extracted from kelp and were used to make cordite, an explosive used by the British in World War I (Living Coast Discovery Center 2013; City of Chula Vista 2005). During the war, Hercules produced 20,838,000 kilos of cordite for the British (City of Chula Vista 2012a). The large-scale production of cordite meant that Hercules had three kelp harvesters working almost continuously and 1,500 employees working day and night (City of Chula Vista 2005). Remnants of the Hercules buildings on Gunpow- der Point are still present and can be seen from nature center trails (Living Coast Discovery Center 2013). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 697 In 1941, the Rohr Aircraft Corporation relocated to Chula Vista prior to the attack on Pearl Harbor and United States involvement in World War II. Rohr employed 9,000 workers at the height of wartime production, causing a demand for housing that led to the conversion of orchard and agriculture lands into homes (City of Chula Vista 2012a). The population of Chula Vista tripled from 1940 to 1950, growing from 5,000 residents to over 16,000 residents (City of Chula Vista 2012a). The rapid pop- ulation growth and development during and after World War II, not only in Chula Vista but the greater San Diego area, greatly stressed San Diego Bay (ORWMP 2006). The Bay was seen as a disposal site for bilge water, garbage, and sewage even before World War II; but the rapid growth during the war overwhelmed the few San Diego sewage plants (ORWMP 2006). Contamination of the Bay steadily increased, and in 1955 a quarantine was placed in the central Bay area by the California Department of Public Health as the contamination in the Bay from sewage waste was considered a hazard to public health (ORWMP 2006). After the San Diego metropolitan Sewerage System became operational in 1963 and all domestic discharges and discharges from the Naval Amphibious Base were connected in 1964, sewage dumping in the Bay ceased and San Diego Bay showed rapid recovery (ORWMP 2006). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 698 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 699 The following subsections represent the current thinking on climate change and sea level rise for San Diego Bay as adopted by the San Diego Bay Sea Level Rise Adapta- tion Strategy (International Council for Local Environmental Initiatives \[ICLEI\] 2012). This strategy was funded by the San Diego Foundation, and included the fol- lowing governmental groups: the City of Chula Vista, the City of Coronado, the City of Imperial Beach, the City of National City, the City of San Diego, the Port, and the San Diego County Regional Airport Authority. The U.S. Navy, Federal Emergency Management Agency, and San Diego Gas & Electric also contributed as stakehold- ers and technical advisors. Other governmental and non-governmental conserva- tion groups such as the Tijuana River National Estuarine Research Reserve, were involved in developing the adaptation strategy. The key scientific points that under- pinned this planning effort are adumbrated below. Thermal expansion of the oceans Melting of land based ice glaciers Global rise has been about 1.8 centimeters every ten years since 1960 (United Nations Intergovernmental Panel on Climate Change 2007). At San Diego Bay, the documented sea level rise has been 2.06 millimeters per year over the period spanning 1906 to 2006 (NOAA website). The State of California (2010) uses of projections: By year 2050: between 26 and 43 centimeters By year 2100: between 78 to 176 centimeters Aside from these, the Port/City will utilize as appropriate the California Coastal Commissions Sea Level Rise Policy Guidance (2015). That document cites sea level rise scenarios presented in TableD-1. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 700 Current elevations within the Chula Vista Bayfront Master Plan project footprint are presented in MapD-1, MapD-2, and MapD-3. ICLEI (2012) present four scenarios for sea level rise in San Diego Bay. These were developed by Rick Gersberg at San Diego State University. 2050 Daily Conditions - Mean high tide in 2050 with 0.5 meters of sea level rise 2050 Extreme Event - 100 year extreme high water event in 2050, with 0.5 meters of sea level rise, including such factors as El Niño, storm surge, and unusually high tides 2100 Daily Conditions - Mean high tide in 2100 with 1.5 meters of sea level rise 2100 Extreme Event - 100-year extreme high water event in 2100, with 1.5 meters of sea level rise, including such factors as El Niño, storm surge, and unusually high tides These are all so-called 'bathtub models' which suffer for not accounting for the fol- lowing factors: Undetected topographic features; Erosion during storm events; Existing shoreline protection infrastructure such as sea walls or revetments; Future changes to land use and land form. Placeholders for maps of sea level rise within San Diego Bay are provided below. They are currently being created with the most up to date information and reviewed by the Port. Once approved, they should be included here. The Port/City will utilize as appropriate the California Coastal Commissions Sea Level Rise Policy Guidance (2015). The following describes the various impacts that can result from sea level rise. - normally dry land being covered by water for a limited period of Flooding time due to storm events. - land that was once dry becomes permanently wet. Inundation - wearing away of the earth's surface - episodic and chronic. Erosion - the physical migration of saltwater into freshwater aqui- Saltwater Intrusion fers. The region's potable water supply is considered less vulnerable to salt water intrusion than to rising water tables. - the top of the freshwater aquifer rises. A rising water table Water Table Rise would pose many risks to infrastructure, including stormwater facilities, sewer mains, potable water distribution, electricity and natural gas distribution, and transportation facilities. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 701 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 702 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 703 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 704 The primary impacts identified by ICLEI (2012) sea level rise strategy for the bay include inundation and erosion. Intertidal ecosystems are particularly susceptible to inundation, these include marshes, tidal flats, tidal creeks, and the rocky inter- tidal zone. Examples of these include the Sweetwater Marsh, J Street Marsh, and tidal flats. These areas support multiple threatened and endangered species and are key locations on migratory bird routes. These areas present a high vulnerability inundation because of their extensive exposure, high sensitivity, and low capacity to adjust or adapt to an elevated tidal regime. Sea level rise, coupled with potentially larger storm events could result in greater ero- sion liabilities, leading to degraded water quality in some erosion-receiving areas causing more sediment and higher turbidity. The impact of erosion depends on the amount of along-shore transport caused by water flow, the frequency and intensity of storms, the amount of re-supply available, and the management practices and plan- ning decisions made within the watershed. Upland ecosystems of undeveloped dry lands around the Bay which are important habitat for ground-nesting birds, present a high vulnerability to erosion. Subtidal ecosystems, such as eelgrass beds, provide shelter from waves and from marine predators and are less vulnerable to erosion. This brief report reviews current literature pertinent to the projected extremes in temperature and precipitation over the next 70 years in the interior coastal zone of San Diego County. The earliest impact of global climate change will be a pronounced rise in extreme summertime temperature along with a more modest rise in wintertime temperature. Projected warming across the county ranges from 1.5 degrees Fahrenheit (°F) to 4.5 °F. The interior warming rises considerably more than coastal. Rise in temperature will be most notable during extreme heat waves, which will expand temporally from June-September to April-December. Heat waves are projected to increase in fre- quency, duration and magnitude. Under a consensus model, heat wave events will increase three-fold. Under the A2 emissions scenario and GFDL model (no signifi- cant control of GHG emissions accompanied by moderate warming), the peak tem- perature in the coastal zone of San Diego County, which in includes San Diego Bay, will increase 2-4 °F by 2050 (Messner et al. 2011). The same model also predicts that the coastal zone should expect 200-300 days per year over 65 °F (Messner et al. 2011). The frequency of extreme temperatures currently estimated to occur every 100 years (100 year heat events) is projected to increase by at least 10-fold in many regions of California under moderate emissions scenarios. Under higher emissions scenarios, those extreme temperatures are projected to occur close to annually in most regions. Observations confirm that changes in extremes (from data over the past 20 years) are not always proportional to changes in the mean. Adaptation to extreme events can be more challenging than adaptation to gradual changes in the mean. With both day and night time trends in warmest days and nights increasing, it would be expected that fire weather frequency would also increase. Highest annual three-day average maxi- mum temperature (100 year return level) for San Diego County increases from 105 °F for the period 1950-2000 to 110 °F to 117 °F for the period 2051-2100. The highest three day average minimum (night time) temperature, 100 year return level, from 1950-1999 was 70…72 °F; the projected highest three day average minimum tempera- ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 705 ture, 100 year return, for 2051-2100 is 77 °F to 87 °F. Coherent changes in tempera- ture suggest significant differences in the severity of hot spells (both in length and intensity) and decreases in frost days and, more generally, cold spells. A significant difference in the magnitude of changes in temperature extremes is found when com- paring the two emissions scenarios, A2 and B1, suggesting mitigation in GHG emis- sions would limit the severity of these changes (Mastreandrea et al. 2011). The Center for Conservation Biology (CCB) at University of California, Riverside found through modeling that suitable environmental conditions for coastal sage scrub were predicted to decrease between 10% and 100%, with the greatest reductions at higher temperatures and extremes in drought. Decline of chaparral was less pro- nounced since higher percentages of suitable habitat remain at the elevated tempera- tures with current or reduced precipitation. Their modeling also predicted that 34% more CCS acreage will burn in 2041-2050 than in 1996-2005. Climate envelopes for species will shift 10-50 times faster than occurred at the end of the last ice age. The CCB also modeled predicted habitat for the Quino checkerspot butterfly and the Cal- ifornia gnatcatcher in association with plant species. Potential habitats for each were reduced by 69…100% relative to the climate change model only (Preston et al. 2008) Climate Wizard data indicate that both mean maximum temperature in August (p < 0.0001) and mean minimum temperature in January (p = 0.00628) have already begun to increase over the last 100 years by 0.015 degrees Celsius (°C)/year and 0.014°C/year respectively. Precipitation projections are less certain, but the region will maintain an overall Med- iterranean climate through the 21st century. The future will most likely continue to have a high degree of year-to-year variability, and the variability may deepen. The region will remain highly vulnerable to severe droughts. There is projected to be an increased likelihood of an extended perfect drought scenario, which would affect southern California, the Sacramento River basin, and the Colorado River basin at the same time for as much as 30…50 years vs. <5 years from the previous 100 year record. Mean soil moisture conditions are expected to drop below the 1989 drought threshold with an increasing frequency and greater severity (Messner et al. 2011). Overall, however, trends in precipitation intensity are inconclusive for San Diego County, though the consensus modeling (Climate Wizard) projects an overall slight drop in annual precipitation. Consensus modeling does indicate, however, an increase of up to 50% in precipitation for the June-August season, especially in the second half of the century. The following sections present brief summary points related to carbon sequestration in wetlands, and the potential for creating carbon off-sets. sequester GHGs from the atmosphere; store carbon reservoirs in the soil; provide adaptation to sea-level rise; increase flood protection; provide wildlife habitat; improve water quality. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 706 Source: E. Pidgeon. 2009. ÑCarbon Sequestration by Coastal Marine Habitats: Important Missing Sinks.Ò In D. Wetlands act both as a reservoir for carbon, ultimately sequestered from the atmo- sphere, and producers of methane (CH) and nitrous oxide (NO) through biogeo- 42 chemical processes. TableD-2 presents examples of potential relative carbon storage potentials for various wetland habitat categories. TableD-3 illustrates the potential for carbon stores various habitats. IUCN. Wetland Creation, Wetland Restoration, and Wetland Enhancement (Sediment placement to attain a vegetated surface ele- vation; Sediment placement to maintain a vegetated marsh; Sediment place- ment to convert a shallow tidal basin to a vegetated tidal marsh.) There are still many uncertainties related to developing an offsets methodology for this project type including: 1.An absence of good datasets on wetlands practices and trends. See TableD-4. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 707 2.Lack of established accounting guidance and emission factors/sequestration rates for relevant tidal wetlands classifications. 3.Wetlands are somewhat unique for offsets projects because federal and state agencies have a large role in their regulation and management, and actually own much of the land that could be used for tidal wetlands projects. It must therefore be determined how to establish a methodology that determines what is beyond business-as-usualŽ activities of the public sector, in addition to that of the private sector. 4.Permanence - will the project last and how long? 5.Leakage - will activities to sequester carbon on the project site indirectly lead to increases in carbon release off-site? Does the project lend itself to a performance standard-based approach? Can the project demonstrate that carbon sequestered will be additional; i.e., would not have occurred without carbon financing? Can GHG emissions budgets be quantified for existing land uses and for the project? Is the reduction potential significant? Can the project boundary and GHG fluxes across that boundary be clearly defined? Can ownership be unambiguously determined? Can leakage be assessed; i.e., will secondary carbon losses occur external to the project boundary because of the project? Can risk to carbon storage permanence be assessed and mitigated. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 708 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 709 The primary purposes of this Appendix are to: Promote beyond regulatory complianceŽ improvement in habitat quantity or quality, benefiting resiliency of natural estuarine resources consistent with the Ports business growth mission, when regulation is not the primary driver. Promote innovation and leveraging of effective public-private financial strategies for common purposes, and to implement practical work that furthers the NRMPs indicators of success. Pilot approaches may be employed within the CVBMP planning area that have the potential to benefit the larger San Diego Bay region. The pilot approaches would fol- low this NRMPs guiding principles (Section1.4:The NRMPs Core Guiding Princi- ples) for: CCDP compliance; Ecosystem-Based Management and ecosystem services; Trans-boundary integrated planning; Nature-based benefits accessible to all; Best sci- ence and accountability; Non-regulatory conservation planning; and Collaboration. The underlying rationale behind the recommendations in this section are: Even if all the best practices to reduce threats to wildlife in the CVBMP con- trolling documents are fully implemented, this benefit could be overwhelmed by sea level rise and other future changes beyond local control. Reducing risk to wildlife should be balanced with investing in resilience for vulnerable natural resources by improving habitat quality and quantity. All innovations and disciplines are needed to sustain the CVBMP areas core val- ues (Section1.3:The Bayfront Environs Core Natural Resource Values), and pooling of resources towards a common vision. The legal framework for proj- ect-by-project requirements and project-linked financing tools maybe insuffi- cient tools to keep up with the need to implement conservation work in an era of budget constraint. An approach to pursue conservation using pilot projects recognizes that there are knowledge gaps that cannot be filled in advance of needed work. Also, the CVBMP footprint is small and not always the most appropriate scale to problem- solve or to address a desired change cost-effectively and sustainably. The measures of success identified in this NRMP (see Section7.0:Moving Forward: Implemen- tation of the NRMP, Monitoring for Adaptive Management, Addressing SLR, and Future Funding) require many scales of action (e.g. site-specific to regional). In the sections below are: five project concepts for potential grant or other funding (Sections E.1…E.5), four potential planning process improvements (Sections E.6… E.9), and a summary of research opportunities (Section E.10). Criteria that could be used to evaluate successful conservation are presented in the last section (Section E.11) of this Appendix. The background and purpose of each is presented, followed ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 710 by the desired outcomes or objectives. Some project phasing or other considerations are presented in some cases. These project concepts are illustrative rather than exhaustive in scope. The examples are intended to lead to the practical implementa- tion of work for the future of the CVBMP area and vicinity, potentially through Requests for Proposal, grant opportunities, other funding sources, or combinations. It is recommended that the work proposed in the following sections be undertaken programmatically and potentially under an umbrella agreement with the resource and regulatory agencies (see the pilot project described below in Section E.9), because habitat goals and sea level rise adaptation would benefit from a holistic approach to planning and compliance, and because otherwise the work would be burdened by the time frame required by regulatory compliance processes. Whether funding is through mitigation opportunity, through opportunities for beneficial re-use of dredged sediment, grant programs, or other sources, a certain sequence of work should take place, both to improve decision-making and to com- ply with laws such as the California Coastal Act and California Environmental Quality Act (CEQA). This recommendation is also true regardless of whether the work takes place as individual projects, in phases over time. The six-step outline below would be typical for a grant-funded project. Feasibility Study -Purpose: Identify fatal flaws and develop range of conceptual alternatives. -Objectives: Define existing conditions. Establish opportunities and constraints. Formulate alternatives. Analyze alternatives. Evaluate alternatives. -Time frame: Typically six months to two years. -Funding: Usually government or non-governmental organizations (NGO). Preliminary Design -Purpose: Develop preliminary designs for the alternatives suitable to start environmental review. -Objectives: Refine major project components (e.g. habitat architecture, earthwork, structures). Define project component scale and scope (e.g. earthwork volume, area of disturbance). Develop construction methods and maintenance needs (e.g. equipment type and number). Prepare construction cost estimates. Conduct technical studies necessary to support environmental review. -Time frame: Typically one to two years. -Funding: Usually government or NGOs but can be private (e.g. Poseidon). Environmental Review -Purpose: Obtain CEQA compliance, identify environmental impacts, select alternatives and mitigation, and consider proposed project. -Potential Requirements for an EIR: ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 711 Issue Notice of Intent (NOI)/Notice of Preparation (NOP). Conduct scoping. Prepare administrative draft EIR or other document as applicable. Prepare draft EIR or other document as applicable. Release draft EIR for public comment period. Prepare responses to public comments. Prepare final EIR or other document as applicable. Select proposed project or an alternative. Obtain Notice of Decision (NOD) or equivalent depending on applicable CEQA document. -Time frame: Typically one to one and one-half years. -Funding: Usually government or NGOs but can be private (e.g. Poseidon). Final Design and Permitting -Purpose: Prepare construction documents and obtain permits/approvals for proposed project. -Objectives: Prepare construction plans for key milestones (e.g. 30%, 60%, 100%). Prepare construction specification for key milestones (e.g. 30%, 60%, 100%). Prepare construction cost estimates for key milestones (e.g. 30%, 60%, 100%). Prepare and submit permit applications (e.g. CDP). Respond to questions/comments on permit applications. Obtain final permits/approvals. -Time frame: Typically six months to two years. -Funding: Usually government, but can be private . Construction -Purpose: Hire construction contractor and construct project. -Objectives: Develop contractor bidder list. Prepare construction bid documents. Release construction contractor bid solicitation. Review construction contractor bids. Select construction contractor. Construct project. Implement the restoration plan with as much community participation as possible. -Time frame: Typically one to two years. -Funding: Usually government, but can be private . Monitoring -Purpose: Determine project success and lessons learned. -Objectives: Develop monitoring plan. Establish a benchmark reference condition or site to make more site-specific success criteria for NRMP indicators and conservation planning species. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 712 Perform fieldwork in accordance with monitoring plan. Analyze field (e.g. species richness) and laboratory (e.g. grain size) data, as relevant. Prepare monitoring reports (e.g. quarterly, annual, final). Prepare compliance reports, as needed (e.g. mitigation). -Time frame: Typically four years (mitigation) to ongoing (restoration). -Funding: Usually government or NGOs, but can be private (e.g. Poseidon). Tell the story about why the work was done and show how the provision of ecosys- tem services improves for people, fish, and wildlife. The mouths of streams that empty into San Diego Bay in their native condition form the primary ecological link between fresh water and the marine system, and between aquatic and upland terrestrial systems. Thus, the use of native vegetation to stabilize banks and shorelines at the stream mouth is generally beneficial. In their natural state, these systems filter or treat non-point source pollutants, and provide wildlife habitat. Leaf litter and other stream detritus form the energy base of a food web, and provide habitat and food for a variety of fish and wildlife. This NRMP seeks to improve natural functions at the mouths of the J Street Channel and Telegraph Creek, their portions within the CVBMP footprint and beyond. The brackish marsh, salt-tolerant uplands, freshwater marsh, and willow groves could be re-established as compatible and permissible with designated functions for storm- water conveyance (see Section 5.3 of the Settlement Agreement and Section3.0:Minimizing Harm to Neighboring Wetlands and Marine Waters). The District will exercise diligent and good faith efforts to enter into the following cooperative agreement with the USFWS or other appropriate agency or organiza- tion (Settlement Agreement 4.4.1; CCDP 14.1): An agreement for long-term pro- tection and management of the J Street Marsh and addressing additional protective measures such as educational signage, long-term maintenance, and monitoring and enforcement by District personnel and enforcement of resource regulations by the District and other Resource Agencies, and placement of enforcement signage. Subject to the cooperation of the applicable Resource Agency, such cooperative agreement will be executed prior to the commencement of development within the Otay District (Settlement Agreement 4.4.1.2; CCDP 14.1(b)). The broad objective of this project is to restore the natural functions at the mouths of Telegraph Creek and at J Street Marsh. These functions include: habitat for fish and wildlife including an abundant macro-invertebrate prey base; water and sedi- ment quality management; aesthetic values and recreation. Specific habitat objec- tives include nesting, migratory rest, fish nursery support, and hiding cover for native fauna. Vegetation may include freshwater and brackish marsh suitable for a stormwater conveyance context (such as low-stature bendable species); shrubby willow riparian; saline-tolerant upland transition, and salt marsh. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 713 The objective of improving watershed connections should address species typically found at the mouths of these streams such as striped mullet, dabbling ducks, and others dependent on brackish water and intermittent flood. The striped mullet is currently common in the lower Otay River and Sweetwater Channel. The project should help accommodate impacts from sea level rise in the area of J Street Marsh, and improve the capacity of the area to handle it (see also Project E.3 below). The NRMP recommends that the existing wetlands should be enhanced through the provision of mitigation opportunities for the loss of wetlands elsewhere and poten- tially creating a bank from the mitigation for future impacts. However, the work could also take place through grants. Removal of the rock revetment wall between these wetlands and the J Street Marsh would provide a better wetland/upland tran- sition, for example. The NRMP promotes the elimination of the bridge over J Street Channel and the road it leads to, so that the wetlands there can be expanded and connected with the shoreline and the J Street Channel to enhance habitat value and to provide mitigation opportunity. In Phase IV of the CVBMP implementation, the road crossing associated with the creek and circulation are to be re-planned (this may require an amendment to the CCDP). The area would be replanted with native vegetation suitable for the riparian-estuarine interface. A key consideration in the first phase of this project is the stormwater conveyance and flood safety function provided at and near the outlet of these streams. Tech- niques that provide necessary safety and compliance while able to accommodate additional ecological and water quality benefits need to be identified and assessed for feasibility. Biotechnical methods may be considered. A hydrologic and hydraulic study to maximize environmental benefit while providing stormwater conveyance and flood safety may be needed. A matrix of benefits-versus-impacts should be con- structed. Each alternative should provide equal safety against flooding, but may vary based on overall project costs, constructability, and environmental benefits. Baseline wetland studies would be needed to prepare for any mitigation credit opportunities. The local (MSCP) planning context should be considered for Endan- gered Species Act compliance and consultation under Section 7. Design for this work should consider natural soil and plant processes to attenuate pollutants commonly found in polluted runoff from upstream urban areas such as sediment (turbidity), nutrients, oil and grease, and metals. (Refer to MM 6C - Vege- tated Treatment Systems for more information on relevant management practices. See the State Water Resources Control Board (SWRCB) flood control channel mea- 1 ) sures/website. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 714 Global sea level rise is expected to be an accelerating process resulting in high tides and low tides increasing at faster rates than mean sea level. A time-sensitive opportu- nity exists within the CVBMP footprint to potentially plan a comprehensive approach for facilitating managed retreat or habitat migration of the marine to upland transition habitats. As sea level rise progresses, the habitats of concern that will be affected include eelgrass meadows, mud flats, salt marsh (lower and upper) transition zones and upland. The following is from NRMP controlling documents of the CVBMP. Buffers within the PMP area have been designed to accommodate potential areas of future sea level rise inundation and are identified on Exhibit 2. The Chula Vista Bay- front plan also provides for an adequate amount of habitat migration within the iden- tified buffer areas based on a projected sea level rise (CCDP 3.1). All buffers shall be established and maintained by the Port/City. Within the western 200-foot width of Parcel SP-1, a portion of the buffer areas would be re-contoured and restored to provide habitat consistent with the native vegetation communities in the adjacent open space preserve areas and to provide mitigation opportunities for project impacts. Appendix 4.8-8 provides more specific detail of the mitigation opportunities available within the buffer area included within the Proposed Proj- ect. Table 4.8-5 provides a breakdown of the available maximum mitigation acreage that is available within the buffer. Figure 4.8-23 depicts the conceptual mitigation opportunities within the Sweetwater District. Figures 4.8-24 and 4.8-25 display the cross section of the buffer zones in the Sweetwater District indicated on the con- ceptual illustration. Figure 4.8-26 depicts the conceptual mitigation opportunities within the Otay District. The proposed restoration includes creating and restoring coastal salt marsh and creating riparian scrub vegetation communities. In addition, the coastal brackish marsh, disturbed riparian habitat, and wetland would be enhanced. (EIR and MMRP (page 37)) For the Buffer Areas of the CVBMP footprint (No-Touch, Limited Use, and Transi- tional Use Buffer Areas), two phases are considered together to minimize the net loss of habitat due to sea level rise. The first phase considers incorporation of a strategy that prepares for habitat migra- tion above the existing salt marsh within the Buffer Areas. This specific strategy would incorporate the grading of terraces at regular vertical intervals and of varying shapes to allow for some complexity in the horizontal distribution of terrace eleva- tions. A specific design would provide the specifications of vertical interval and total areas for each terrace. Vertical interval would be associated with the projected sea level rise goals so as to provide for multiple terraces distributed through the Buf- fer Areas and designed in such a way that the horizontal topography allows for shap- ing to promote complexity and maximization of vertical edges. The project design may identify four mean sea level rise conditions consistent with the state (Coastal and Ocean Resources Working Group for the Climate Action Team \[CO-CAT\]) guidance: (i) Existing, (ii) 2030, (iii) 2050, and (iv) 2100. The design would deter- mine the desired number of terraces based on these results and the target habitats ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 715 and species to support (see TableE-1). It is recommended that the project design shape the terraces to comply with the total acres required using a free form approach and allowing for habitat complexity (see FigureE-1). The project engineer should work with the project biologist to prepare the design to achieve a biologically driven habitat design instead of an engineering driven design. Costs for the design, financing, and implementation phases may be part of a Request for Proposal. A financial strategy would be part of the Request for Proposal. A combination of mitigation opportunity and grant funding is anticipated, with Port investment in baseline studies and administrative oversight to set up the miti- gation framework. The second phase incorporates a strategy that would unfold over time as habitat migration is under way. As the salt marsh is transformed to lower elevation habitats, these areas may be restored appropriately to convert them into high-quality mudflats, and, in the lowest zones with permanent inundation, eelgrass meadows. The potential to improve the intertidal connection between J Street Marsh, the salt ponds, and the intake/discharge channels is a key opportunity to secure benefit to essential habitats and species of south San Diego Bay, as well as sea level rise resil- ience and hazard reduction, among other ecosystem services. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 716 Improve the intertidal connection of J Street Marsh, Telegraph Creek, and the salt ponds by building up the subtidal-intertidal elevation and lessening the slope gradient bay- ward of the J Street Marsh. Besides improving habitat, potentially provide a habitat-based, softŽ infrastructure buffer for sea level rise by expanding the intertidal area in a continuum bayward of the existing shore. The created habitats could then migrate up to the existing shore- line under future sea level rise versus retreat inland from the existing shoreline. Provide ecosystem services for people, fish, and wildlife to the maximum extent fea- sible by considering all means to sustainably deliver such services, including biodi- versity, filtration, carbon sequestration, recreation, and tourism. All of these are impaired due to the habitat fragmentation that has occurred over time. Seek triple bottom line outcomes: ecological, economic, and social (community well-being). Consistent with the NRMP, this work should provide for conservation planning spe- cies. Essential habitat conditions to support conservation planning species should improve or expand, especially surface elevations relative to tides, to estimate how many hours a day and times a year tidal flooding will occur. Depending on the selected species, other core ecological variables to design for are vegetation composi- tion, abundance, height and density; soil salinity; and tidal inundation. The project, if implemented, would follow a path similar to that outlined in the introduction to this Appendix (pages E-2 to E-4). Any design should identify the conservation planning species intended to use the area, and a reference site where these species are currently active. The design would include defined sediment size, depth of sediment, tidal elevation, tidal inundation times, tidal flushing, level of channel sinuosity, secondary channel networks in the intertidal zone, habitat com- plexity for trapping sediment and creating pools, and ratio of organic to inorganic components of the sediment. The sediment depth should be sufficient to provide for infaunal organisms to retreat into deeper sediments or burrows so that not all are vulnerable to foraging shorebirds and fish. The problem of a deficiency of fine sediment may complicate the achievement of desired results for habitats that require fine sediment. However, sandy sediment can build up elevations and provide a core or base with fine sediment over the top to provide for appropriate benthic infauna or vegetation. Alternatively, sediment trap- ping mechanisms may need to be considered; or sediment could be deposited near shore and allowed to accrete naturally with or without a trapping mechanism. As long as sediment supply is sufficient, the mudflat and marsh can build up (accrete) vertically and horizontally (bayward). Another alternative to consider is to build a small mini levee/berm and vegetate it, then back fill behind it at the same rate as sea level rise. The elevation of the berm should allow overtopping by high tides with the water receding back to the bay. The project design should accommodate and respond to market conditions and the flat or declining budgets of traditional funding sources. As far as possible it should take advantage of strategic alliances for cost efficiencies. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 717 The tidal connection between San Diego Bay and the F & G Street Marsh could be sub- stantially improved as a wildlife corridor so a wider range of wildlife will readily use this area. This work will benefit from the removal of Lagoon Drive/E Street, which is planned as part of the E Street extension improvement project by the City of Chula Vista. According to the CCDP and the CVBMP Settlement Agreement: As a future and separate project, the District will investigate, in consultation with the USFWS, the feasibility of restoring an ecologically meaningful tidal connection between the F & G Street Marsh and the upland marsh on parcel SP-2, consistent with USFWS restoration concepts for the area. At a minimum the investigation will assess the biological value of tidal influence, the presence of hazardous materials, necessary physical improvements to achieve desired results, permit requirements, and funding opportunities for establishing the tidal connection. This investigation will be completed prior to the initiation of any physical alteration of SP-2, F Street, and/or the F & G Street Marsh. In addition, once emergency access to the CVBMP project area has been adequately established, such that F Street is no longer needed for public right-of-way, the District and City will abandon/vacate the F Street right- of-way for vehicular use, but may reserve it for pedestrian and bicycle use if ecolog- ically appropriate (Settlement Agreement 4.4.5, CCDP 14.5). The CCDP also states that a pedestrian bridge is proposed to create a linkage over a tidal inlet associated with the F & G Street Marsh: Tidal habitats should be treated as ESHAs and the bridge crossing must be designed to enhance the habitat values present and reduce erosion. This bridge span must be extended and the existing incised channel slope should be cut back, reducing the slope and then creating additional salt marsh habitat on the created floodplain. Site-specific studies to assess the extent and quality of natural resources at the site will be required at the time development is proposed (CCDP 5.12). By removing Lagoon Drive and reconnecting tidal access to the F & G Street Marsh, connectivity for wildlife would be enhanced between the CVBMP project footprint and the adjacent WHAs. It is desired that a habitat corridor/connection via redesign for the E Street cross-over, allow for movement of species between the CVBMP foot- print and the NWR. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 718 As a future and separate project, the District will investigate, in consultation with the USFWS, the feasibility of restoring an ecologically meaningful tidal connection between the F & G Street Marsh and the upland marsh on parcel SP- 2, consistent with USFWS restoration concepts for the area. The investigation will assess the biological value of tidal influence, the presence of hazardous materials, necessary physical improvements to achieve desired results, permit requirements, and funding opportunities for establishing the tidal connection. This investigation will be completed prior to the initiation of any physical alter- ation of SP-2, F Street, and/or the F & G Street Marsh. In addition, once emer- gency access to the CVBMP project area has been adequately established, such that F Street is no longer needed for public right-of-way, the District and City will abandon/vacate the F Street right-of-way for vehicular use, but may reserve it for pedestrian and bicycle use if ecologically appropriate (Settlement Agree- ment 4.4.5 and CCDP 14.5). Consistent with the NRMP, consider means to enhance ecosystem services, including biodiversity, filtration, carbon sequestration, recreation, and tourism, all of which are impaired due to the habitat fragmentation that has occurred over time. Any intertidal structures should be designed with conservation planning species in mind in terms of elevation, slope, grade, salinity, etc., by establishing a benchmark reference site to emulate that is currently used by the species. The warming climate is a concern of this NRMP because the effects of sea level rise and heat stress could overwhelm all the other measures adopted for natural resources pro- tection in the CVBMP project footprint and WHAs. While climate change mitigation requires a response at a global scale (with our local contribution), adaptation can effec- tively occur at local scales. This project should support decisions to implement cost-effective work for adapting to sea level rise and effectively protect the CVBMP project footprint and WHAs. This is in addition to the sea level rise Buffer Areas as a baseline measure established in the CCDP, and the minimum elevation requirements for development in the City of Chula Vista planning area. This project would serve as a pilot or model for similar adaptation elsewhere in San Diego Bay and the region (such as the Port's Climate Action Plan 2013c). The outcome desired for this project is an Adaptation Plan based on a risk and vul- nerability assessment for sea level rise on the CVBMP footprint and potentially the WHAs. It would protect the whole continuum of shoreline communities dependent on San Diego Bay conditions beginning with eelgrass in the subtidal shore and pro- gressing to saline-tolerant upland transition plant communities of the highest tidal shore. Upland transition can include high marsh elements inundated once or twice per year, such as California boxthorn and saltbush species, perennial grass-pickle- weed community, salt panne or sand flat inclusions, or brackish/freshwater marsh/riparian elements such as rushes, bulrush, arrowweed, or salt marsh flea- bane. Conservation planning species are: ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 719 Intertidal endemic fishes such as those in the goby family, and those young-of- year fishes dependent on eelgrass as a nursery such as California halibut. These benefit from warm, sheltered water, a detrital or planktonic-based food chain, and a continuum of tidal access between eelgrass, mudflat, and salt marsh channel. The mudflat has gradual elevation change and pocket shelter such as rocks, vegetation, algae, or other complexity such as ghost shrimp burrows. Migratory shorebirds that depend on abundant mud-dwelling infaunal organ- isms and a broad mudflat that provides sufficient foraging time for birds with a range of foraging behavior (beak lengths and styles) to get adequate nutrition at low tide. They also require high tide roosting and shelter in the upland transition. The project should identify critical problems of scale and the capacity to implement the adaptation practices. Any obstacles to implementation should be identified, such as sources of fine sediment, conflict with jurisdictional mandates, need for permitting or impact analysis, timing, cost, or other impediment. A successfully implemented Adaptation Plan would demonstrate ecological sus- tainability, financial sustainability, equitable use of public funds, and consistency with the missions of stakeholder jurisdictions such as public access, navigation access, and recreation values. The phases or steps for this work may include those identified in NOAA's Coastal Service Center process for coastal decision-making (http://www.csc.noaa.gov/digi- talcoast/training/list). A Vulnerability Study specific to the CVBMP footprint should be nested in scale to others already accomplished in San Diego Bay and the region. The Study may incorporate a Risk Assessment that addresses which areas and ecosystem services are most vulnerable, and which impacts are likely to cause the greatest losses. Establish the baseline risk to ecosystem services by assessing exposed infrastruc- ture (to include natural resources as infrastructure and source of ecosystem ser- vices). This may directly support the review of cost and benefit. Consider developing alternatives (see below) appropriate for the local low- energy shoreline. The final array of alternatives and decisions could involve stakeholder input due to: unique local conditions and knowledge, history, com- munity interests, the desired vision of the Chula Vista and neighboring commu- nity, and administrative and legal aspects. Analyze alternatives and mixes of alternatives for cost-benefit. This analysis should be conducted under four mean sea level conditions: (i) Existing, (ii) 2030, (iii) 2050, and (iv) 2100, to be consistent with the state (CO-CAT) guidance. The alternatives should consider placement and alignment of any structures both within and outside the CVBMP footprint. Obstacles to implementation should be clearly stated in each case. Evaluate adaptive capacity as part of alternatives review (regulatory and planning approaches such as development restrictions, hazard mitigation, shoreline management, post-disaster recovery and emergency plans; fiscal capacity; shoreline structures, evacuation routes and redundant water/wastewater/power systems). Develop the Adaptation Plan. The Adaptation Plan may include: -Goals, Objectives, Action Measures, Strategies for developed lands, strategies for undeveloped land. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 720 -Implementation goals that are unambiguous, quantifiable, and time-bounded. Implementation should include a phasing plan to spread out the cost over time. It should include public policy recommendations. -Designs and formulation of standards by an engineer or geoscientist while using a performance-based approach to recommendations that focuses on outcomes. This is to avoid pitfalls of poor execution, and overly conservative design. -Cost estimate. -Funding options. -CEQA review. -CCC review, if necessary Monitor Effectiveness. Is the community less vulnerable? Are natural resources more resilient? Share and build on results. Include strategies for stakeholder and public outreach, education, and capacity building. Integrate upstream areas into planning for possible stream flooding. This could include loss reduction through raising roads; floodplain storage by creating dry basins for holding storm water; retrofitting by removing impervious surfaces, reinforcing, bracing and anchoring structures, flood-proofing structures. Watershed-based open space preservation and conservation can be designed to store floodwaters. Building codes include flood-proofing. Adapt existing usable infrastructure for the new evolving waterfront. Prohibit coastal hardening (verify that we can plan for a low energy shoreline). Offer incentives for removal of existing structures. Prevent development. Redevelopment restrictions, compact community design, government purchase of development rights. Loss reduction through acquisition, demolition, and relocation. Managed Retreat: moving development out of the tidal flood zone in a planned and controlled manner using techniques such as rolling easement, zoning, aban- donment, relocation, avoidance; this can be based on certain benchmarks of sea level rise. Implement rolling easements or similar policies that allow for shoreline retreat. In highly developed areas there are extensive impediments, high plan- ning costs, and issues of property loss, 'takings', incentives for coastal develop- ment, tourism, and tax base impacts. Discourage development. Establish a tax based on property value and proximity to coast or need for shoreline hardening or beach nourishment (used in The Nether- lands, Sandbridge, Virginia). Create an alongshore buffer/easement for ecosystem retreat, management, and adaptation via: property purchase, purchase of develop- ment rights, setbacks/deed restrictions, development disincentives, sale incentives. Insurance incentives/disincentives; clarification of coverage - cost of insurance, based on flood risk, can create a disincentive for building in high risk areas. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 721 Loss distribution through insurance. Insurance is typically guided by an historical understanding of the frequency and severity of risk factors. As climate change pres- ents a shift away from known weather patterns and extreme events, insurance com- panies, and the insured, will be required to re-evaluate risk under a new set of untested assumptions about the frequency and severity of extreme events. Allow only short-term, inundation-friendly uses. Strategic Retreat is the gradual abandonment of dwellings in high risk areas and new development in low risk areas. Allow only structures that are non-perma- nent, relocation-friendly, elevated/raised, modular, floating, or decomposing. Drinking water and wastewater facilities - public infrastructure vulnerability reduction. Stormwater management through detention and permeable surfacing (not sea water flood). Accommodation through emergency flood response plan; early warning alert system/surveillance with siren or telephone warning system. Embankment, sea wall, revetment, bulkhead (to protect low areas from flooding). Design structures to withstand extreme storm events. Artificial nourishment with mud or sand. A vertical levee that eventually becomes submerged as water migrates in. Wetland augmentation vertically, horizontally. Salt marshes and other habitats absorb and disperse energy from waves. When designed to encourage the size and connectivity of native aquatic and terrestrial habitats, this benefits many other ecosystem services, including public access. Conduct a risk and vulnerability assessment for the CVBMP footprint and sur- rounding areas to sea level rise impacts from the open coast. This could lead to con- sideration for establishing a berm in shallow waters offshore of the Silver Strand, or building up the Silver Strand as a berm to protect flooding of the south bay. Living Shoreline Restoration. Consider establishing stabilizing vegetation on a berm in shallow waters offshore of the natural or hardened shoreline. Create breaks or gaps in the berm and adjust their height to allow tidal flow. It may fill naturally behind the berm or may be filled with materials to achieve elevations suitable for planting. The structure would fall between the mean high tide and mean low tide. At high tide the waves should wash over the structure bringing in fresh nutrients and organics and dropping sediments. At low tide, water would run out of the marsh to allow for flushing. Gaps in the structure would allow ingress and egress of marine resources. Slope grading would vary depending on the distance from the high water mark to the structure. Invasive species management and other processes for preserving native species under anticipated conditions of climate change. The ecosystem has little to no ability to adapt or recover. There is inland inun- dation and salt water intrusion. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 722 Shoreline structures that employ as many natural habitat elements as appropriate for site conditions while serving the purpose of the artificial structure are sometimes called living or soft shorelines. They conserve, as feasible, natural sand or mud edges, sheltered pockets, or vegetated elements. They are suited for areas of low to moderate wave energy. Living shorelines create habitat and vegetated buffers that can improve water quality and reduce the effects of upland runoff. Artificial struc- tures in the intertidal zone have potential to provide improved habitat value through design of surfaces available for colonization by algae or invertebrate organisms, or for sheltering fish or for roosting birds. Where they are necessary or beneficial, artificial structures in the intertidal and subtidal zone should improve habitat value for native organisms and other ecosys- tem services. During the CEQA process for structures interfacing bay waters, consider applying design, engineering, and construction practices for conservation planning species selected depending on the site for the structure. Define the physical conditions for the conservation planning species such as appropriate tidal circulation, light, substrate, or sediment replenishment. Maintain or restore conditions for the species and, where possible, deterrence of non-native species. Potentially establish needs for the conservation planning species at the site where the structure is to be placed, in as physical terms as possible for the life history stage of the species at that site. Potentially apply construction design principles such as surface roughening, sinuosity, particle or feature size or grade, tidal exposure, hardness, etc. Struc- tures should not result in dead zonesŽ for aquatic species that cannot exit with the tide. Tidal flushing and connectivity to the areas landward of an intertidal structure should be considered through appropriate opening locations and sizes governed by conservation planning species likely to utilize the structure or tides specific to each site. If water quality improvement is one of the objectives, runoff from the adjacent watershed should be directed into or through the wetland as opposed to a sim- ple excavated basin with a limited watershed. Site-specific engineering may be required to ensure that the intertidal zone and supporting structures provide functional ecological benefits. Design Criteria could include placement and orientation to maximize fine sediment retention; dynamic shore condition; ecological function; ecological process. Appropriate shoreline applications will act as part of the natural system, not against it. Potentially analyze alternatives: hard, soft stabilization with fill, hybrid, place- ment, alignment, impacts to native flora/fauna. Soft approaches: riparian vege- tation management, upland transition vegetation management, sand or finer sediment nourishment, dune restoration (sand replenishment eventually will ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 723 be needed), tidal marsh enhancement, tidal marsh creation, bank grading, fiber logs. Hybrid approaches: marsh toe revetment; marsh sill; marsh with groins, offshore breakwater system. Placing sediment off the shoreline to let it natu- rally wash in. Design in fringe wetlands that improve water quality. Potentially develop financial incentives for the use of soft shorelines or improved habitat value of artificial substrates. A management plan might be created to protect and restore the role of fine sediment in the bay. Natural fine sediment supply and dynamics has both marine and fresh- water influences. Sources of fine sediment may be identified for possible restoration work or as part of a broad program that allows for ecosystem markets and mitigation markets to play a role in recovering fine sediment supply through nourishment and retention (such as by trapping if necessary) in south San Diego Bay. A study funded through a grant may be conducted on the feasibility, cost-benefit, and priority for promoting fine sediment beyond the current baseline. The results could determine if fine sediment criteria should be considered in project and resto- ration design, and analysis of alternatives. Restoration Planning based on an ecological need (proactive) vs. opportunistically by project requirement (reactive) may be best to optimize conservation effort. Case studies are available throughout the United States where regulatory agencies, private interests, and planners have achieved improved outcomes for both mitigation need and ecosys- tem benefit. An example in the San Diego region are the multiple-species programs tied to project permitting under the states Natural Communities Conservation Planning program, but there are many others. Creative wetland mitigation banking or in-lieu fee arrangements for both wetlands and species offsets are other examples. The NRMP contains a broad portfolio of possible conservation and restoration actions for a small space with intense concentration of ecosystem values, influenced by regional and global environmental and economic drivers, and in an era of flat or declining budgets. None of these are expected to change in the near term. Projects affecting natural resources in and potentially surrounding the CVBMP area should contribute the most possible to NRMP resilience goals and offset the consequences of these drivers, using incentives, regulatory, and/or financial tools to benefit joint private and public interests. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 724 The desired outcome is a planning overlay that provides: Faster, less expensive, and more effective at benefiting habitat quantity and quality than traditional project-by-project work. Higher quality habitat by considering a landscape context and understanding the biophysical habitat elements that support conservation planning species, and evaluating future threats to those conditions. Fewer delays in infrastructure development and improvements. A blended regulatory and financial strategy that aligns with achieving NRMP goals and objectives for the well-being and resilience of people, fish, and wildlife. CEQA efficiencies such as by use of categorical exclusions and pilot projects (which would still require CEQA review) to build more complex problems from, or by focusing on a more cohesive strategy on a landscape level that results in cost efficiency. Demonstrate one of two overarching strategies to maximizing flexibility to spend money to benefit habitat recovery and conservation species: Planning efficiencies that help accomplish more with the funds that are available, which is mostly spent on environmental compliance responsibilities, especially project-level documentation and various kinds of monitoring; and Partnerships, alliances and collaboratives that will pay off while bringing in new investment from partners or from beneficiaries of ecosystem services. Seek grants to support a market analysis and feasibility study for one of the project ideas in this Appendix, through its project design plans and planning documents. Evaluate financial opportunities to set up restoration, mitigation banking, and ecosystem service markets and what scale is necessary to be effec- tive for aquatic resources. The market should define the scale needed. Evaluate the local appropriateness of the many examples in California and the U.S. of attempts to achieve the above outcomes using programmatic agree- ments. Evaluate whether the scale of the habitat work is worth extra adminis- trative overhead expense by looking at case studies elsewhere. See for example: National Cooperative Highway Research Program (2011). Other examples include: (1)Joint Aquatic Resources Permit Application for San Francisco Bay and State of Washington; (2) Minnesota state wetlands policy; (3) Natural Cap- ital Project (Stanford, University of Minnesota, The Nature Conservancy, and World Wildlife Fund, producing one of first applications that places a monetary value on ecosystem services - InVEST \[Nelson et al. 2009\]); (4) Willamette Basin Partnership in Oregon. Funded through an NRCS Innovation Grant meant to help create markets for ecosystem services. Mitigation activity and planning are driven by a markets approach, which tends to demand both trans- parent criteria for measuring environmental improvements and damages and an assessment of benefits associated with alternative mitigation outcomes. (5) Regional Advance Mitigation Planning (RAMP) in California to meet needs for infrastructure and flood protection while advancing regional and statewide conservation goals. Launched in 2008 by a coalition of infrastructure and natu- ral resource agencies, nongovernmental organizations, and academic research- ers, RAMP is an effort to develop a more comprehensive approach to mitigating biological resource impacts caused by state infrastructure projects, such as roads and levees. It allows for natural resources to be protected or ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 725 restored as compensatory mitigation before infrastructure projects are con- structed, often years in advance. Mitigating in advance allows for more efficient project approvals, more certainty to cost estimates, and takes advantage of con- servation opportunities before important land is lost to conversion. There is a RAMP Statewide Framework for implementing regionally. Set up for broad environmental offsets, not single species, or wetlands alone. A baseline description of ecosystem services is needed to support this, followed by a needs assessment at a landscape or watershed level (such as impairment correction, fine sediment, carbon sequestration, more mudflat, more upland transition, more access to fresh/salt water interface). A trade-off analysis should be conducted among natural resources of concern for a particular loca- tion where work is proposed. Rate sites for their potential to provide specific ecosystem services and support specific conservation planning species. A natural resource economist should integrate social-economic values into the formula for site valuation and priori- ties. Consider the offset site's economic benefits to people; for example, sites that are restored and provide access and visibility to people have a higher value. Continue the culture of collaboration and partnership established by the WAG. With the interplay of natural resources, their use, and the variety of benefits they provide as extraordinarily concentrated as they are in San Diego Bay, mitigation opportunities are precious, as are development opportunities. A project-by-project approach could have unintended consequences that forego future choices of greater benefit to NRMP goals and sea level rise adaptation. Therefore, this NRMP recom- mends that the planning and regulatory process be realigned in a programmatic framework to facilitate conservation work in the areas affecting the health of the CVBMP area. As illustrated by this NRMPs Guiding Principles in Section 1.4, and Implementation Principles in Section 7.3, the first purpose of the programmatic framework is to identify how the core natural resource values (see Section1.3:The Bayfront Environs Core Natural Resource Values) of the CVBMP area, and poten- tially its connected areas, could be enhanced, regardless of the requirements of the source of funding or regulation. The second purpose would be to facilitate the most progress to achieving NRMP goals through as many means as possible, whether it be grants, mitigation, beneficial re-use of sediment, or other. Achieving habitat goals would benefit from a market analysis of mitigation oppor- tunities, to determine how effective mitigation banking or other mechanisms would be in meeting the Ports needs, and at what scale such a mechanism, or combination with other means, would need to function to be financially viable. Opportunities for conservation work are very constrained, and conservation goals may be at risk from sea level rise and other threats. The financial viability of relying on mitigation as a source of funds for NRMP beyond-compliance goals identified in the CVBMP con- trolling documents may not be practical. In addition, such an analysis would inform planners about whether the NRMP rec- ommendations of this Appendix would benefit from a programmatic approach to determining what mix of grant funding and private sector investment could work. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 726 A San Diego Bay-wide pilot project is suggested to identify and overcome regulatory hurdles that can stand in the way of implementing projects to adapt to sea level rise while providing habitat enhancement opportunities. Placement of dredge material, for example, can be pre-planned for vulnerable locations onshore, providing climate change resilience and habitat benefit. This pilot project may include an effort to work with the resource and regulatory agencies to develop policies and procedures to facil- itate such beneficial reuse projects and a conceptual model for implementing such work. Under current regulation, it is difficult to get a permit to place fill in wetlands even though such an activity may be useful and necessary in the future to offset sea level rise. Consequently, it would be useful to have the regulations modified prior to the time dredge and fill projects are needed in the future, so that important sediment sources are not lost to bay natural resource benefit and sea level rise adaptation. This NRMP seeks to foster partnerships with research institutions to conduct work that makes a difference on the outcomes and indicators of success for the CVBMP area. All of the research opportunities below may require partnerships to leverage funds and technical support. Examples are: Investigate the dynamics of fine sediment in south bay as it relates to retention of conservation values and future resilience to sea level rise. Investigate and differ- entiate between clays/silts and sandy sediment processes in the bay. Investigate best methods to evaluate ecosystem services provided by the status quo, to compare to benefit achieved in the future. Compare existing ecosystem 2 valuation tools such as InVEST (Natural Capital Project) and SolVES (Social 3 Values for Ecosystem Services). Evaluate the effectiveness of the climate change adaptation measures in the CVBMP project footprint and vicinity, and benefits or trade-offs for people. Also assess cost-benefit in at least three time frames. Adaptation measures examples could include planting native vegetation, planting urban trees, water conserva- tion, reduced shoreline erosion, or sediment nourishment. Refine the list of conservation planning species so that providing for them has more of a physical basis, and biologists can provide direction for incorporating into project scopes and habitat design. Improve understanding of the biophysi- cal parameters that support each species. Refine the measures of community well-being. Evaluate social benefits of sus- tainable community living adjacent to wildlife habitat. Refine the economic measures of success, for efficient use of scarce funds which makes a difference on accomplishing long-term NRMP goals. The following five evaluation criteria align with this NRMPs guiding principles (Section1.4:The NRMPs Core Guiding Principles), and could be used to evaluate proposals or financing opportunities. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 727 Which NRMP objectives are achieved by the proposed work? Is the proposed work required by the Settlement Agreement, CCDP, or MMRP? Identify which indicators and conservation planning species benefit from the proposed work (see TableE-1 and FigureE-2). (These species are to help con- sider design criteria such as tidal range, sediment, size, or slope of habitat area.) What primary (P) and secondary (S) ecosystem services are provided? Check off in TableE-1 if, for example: -Water quality threat addressed; -Flood protection benefit delivered; -Species abundance threat reduced; -Species habitat improved; -Increased recreational opportunity; -Increased land value for property adjacent to new natural areas; -Improved proximity of nature to recreators; -Proximity to trails, roads, boat ramps; -Resident or visitor usage rates and people are within walkable, drivable distances of the resource. Additional Ranking Criteria as appropriate: -Builds resilience against a known vulnerability identified in the NRMP (cli- mate change, invasion, feral predators). -Reduces a threat through habitat improvement in quantity or quality (such as risk to conservation planning species by provision of escape cover from predators). -Reduces user conflict. -Addresses multiple, cumulative impacts - e.g. environmental, subsistence fish- eries, commercial fisheries, biodiversity, etc. -Protects a restoration investment or a future restoration opportunity. -Ecosystem-based. Gets to the underpinnings of ecosystem values (physical attributes that foster habitat quality). -Increases ecosystem services: nature-people interface, carbon stocks. -Restores missingŽ habitat elements from historical mudflat, salt marsh, and/or upland transition. -Ecosystem trade-offs are analyzed transparently. -Project may be replicated, scaled up, or may catalyze other beneficial work. -Strengthens other bay-related planning processes. -Improves probability of successful implementation of CVBMP goals and objec- tives by making them more operational (provides a valuable management step). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 728 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 729 riendl Fy U r b e fa i n l dI ln i t e W r f a c e t n e € Reduced need for enforcement, o r i by design v n E € Reduced need for raptor and other t l i predator management u B € Effective trash management e S h t € Windows that are bird-friendly t r a n € Low impact lighting t i e € Low carbon footprint g i € Grant funding € Low water footprint c € Terrestrial invasive species € Partnerships control € Findings support m € Refuges from heat waves m decision-making adaptation e t e € Aesthetic experience of s € Volunteering and other public n y t natures beauty s a engagement o t i c o E € Mitigation effectiveness n € Monitoring investment is efficiently integrated with regional efforts, benefits timely conservation € Nature experience for all decisions € Volunteerism and public engagement is manifest € Children are connecting with wild nature € Aesthetic experience, sense of place € Conservation focus species e r € Visits by organizations u promoted, all habitat categories t interested in sustainable urban a € Improved retention of fine sediment R N living e € Physical habitat quality (benefits indicator f s € Ecotourism visitors i species) l i e € Total visitor days are € Habitat connectivity for intertidal fish, migratory benefiting economy birds improved i € No storm water/pollutants r e € Areas designated as buffer maintain acreage runoff today p i x t after strong surge and sea level rise a E € Effective trash retrofits t n a € Recovery and retention of habitat € Upstream partnerships meeting a n d m € Monitoring data integrated area, function u C H with regional programs o € Improved use by intertidal fish m € No increase in aquatic invasions due migratory birds m u to development, detection/control is n i t effective € Exemplary treatment wetlands s e r u o s e R c M i t i a n u i m q i A z i n o t g mH r a ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 730 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 731 The following plant lists are intended as guidance for landscape planning. As a com- prehensive guide, specifications for each plant species are listed, as well as prefer- ences for sun exposure and irrigation needs. These lists are developed specifically for coastal San Diego Urban/Wildland interface for specific ecosystem services, such as supporting native pollinator species, habitat, stormwater runoff filtration, and the human experience of nature. Each species listed is known to be in cultiva- tion and should be available from local and state-wide sources. Seeds of many her- baceous species (containing no above-ground woody parts) are available from S&S Seeds, or by contract from local seed collecting companies. Several species included are listed by the USFWS as threatened or endangered, and seed collection permits must be obtained from USFWS. Taxonomy is consistent with the Jepson Manual, 2nd Edition (Baldwin et al. 2012). Recommendations made here are plants native to California from locations within the state with a similar dry Mediterranean climate with an average rainfall of approximately 15 inches per year. Many of the recommended species are those that occur within the coastal environment of southwestern San Diego County. There is increasing availability of plant material in nurseries propagated from local genetic stock. For new plantings at the Chula Vista Bayfront, this would be the top choice when available. There are at least two reasons for this as a practice consistent with the goal of sustainable landscapes. Both reasons emerge from the principle that plants, like all organisms, often form local populations with distinct gene pools. From the perspective of sustainable horticulture, obtaining plants from within the local genetic population will assure forms of the species that are most adapted to the locale. From the perspective of conservation, the introduction of conspecific plants (same species) from outside the local gene pool may unwittingly introduce genetic material not contained within the local gene pool. The effects of this dynamic are subtle and long-term, but could contribute to a homogenization of local gene pools and the loss of genetic diversity. One note to observe when using these lists is the ambiguous separation of perenni- als and shrubs. Used here is a broad understanding of a perennial plant that would include all herbaceous perennials and plants referred to as suffrutescent. These are plants that are found mostly within Mediterranean climates that may develop a scaf- fold of branches above ground that are woody at the base but always herbaceous within the current seasons growth. These are sometimes referred to as subshrubs, but are considered perennial in the broad sense in this treatment. Another is the distinction between trees and shrubs. Used here is a naturalistic approach that considers the life history of the species in question. Many of the larger shrubs can eventually become tree-like, especially with pruning. However, even in nature, these large growing shrubs have multiple trunks from the base of the plant with crowns typi- cally much more dense than trees. With regard to this list, shrubs rarely exceed 20 feet in height. Most tree species listed are considerably taller when mature. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 732 quadrivulnera densiflorus ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 733 734 0 ¦¤ . Packet !¦¤­£  attenuata* ΑΏΐΕȃΏΕȃΐΓ 735 0 ¦¤ crassifolia . Packet !¦¤­£  pubescens ΑΏΐΕȃΏΕȃΐΓ 736 0 ¦¤ Packet !¦¤­£  californicacalifornica ΑΏΐΕȃΏΕȃΐΓ tion. Those with an ÑLÒ under irrigation should not receive any ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 737 tion. Those with an ÑLÒ under irrigation should not receive any ocellatum paludosus ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 738 Elymus condensatus Ó occidentalis longispicatus ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 739 740 0 ¦¤ horizontalis sonomensis repens playphylla S Packet S !¦¤­£  ArctostaphylosArctostaphylosArctostaphylos ΑΏΐΕȃΏΕȃΐΓ Iris 741 0 ¦¤ Packet ' crassifolia !¦¤­£  ' ΑΏΐΕȃΏΕȃΐΓ '' 742 0 ¦¤ Packet !¦¤­£  consanguinea ΑΏΐΕȃΏΕȃΐΓ ' 743 0 ¦¤ diversifolia Packet Comarostaaphylis diversifolia !¦¤­£  occidentalis Ceanothus betuloides sorediatus blancheae ΑΏΐΕȃΏΕȃΐΓ 744 0 ¦¤ fasiculatum Packet FremontodendronFremontodendron !¦¤­£  fasiculatum tomentella Eriogonum ΑΏΐΕȃΏΕȃΐΓ 745 0 ¦¤ ilicifolia gracillimum glandulosa Packet sanguineum ilicifolia!¦¤­£  aureum involucratus glutinosum torreyana Prosopis ΑΏΐΕȃΏΕȃΐΓ Prunus RibesRibes 746 0 ¦¤ leucophylla caerulea S Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ SalviaSalviaSalvia subspicata Bioswales within the transitional buffer areas serve the important ecological func- tion of regulating water quality from stormwater runoff. The following table pro- vides a guideline for species suitable for functional bioswales that fit ecologically within buffer areas. Refer to lists in this appendix, as indicated, for species details. Zone 1 is the bottom of the bioswales; Zone 2 are the sides of the bioswales; Zone 3 is the top of the bioswales. Species are arranged by zone. All species listed are native to coastal southwestern San Diego County. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 747 Restoration of the Salt Marsh to Upland continuum demands an understanding of the placement of plants with respect to the mean lower low water (MLLW) measured as an elevation in feet. Plants listed at the lowest elevation endure salt water and inundation on a regular basis. Plants listed at the highest elevation are species that might receive salt water during the highest tidal events, perhaps once a year (FigureF-1). Upland species are members of the coastal sage scrub and maritime succulent scrub plant associations. Plant species listed here are local native species that are annuals, perennials and shrubs. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 748 Eriogonumfasiculatumfasiculatum oculatum ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 749 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 750 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 751 This appendix contains a copy of Exhibit 3 to the MMRP focusing on Energy Effi- ciency requirements for the CVBMP. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 752 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 753 754 0 ¦¤ April 9 with atonly reviewer lighting of needed, used, energy andleast and the in 1 Construction, coordinated LEED a efficiencies Page during possible. 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Sub should electricity.overall corrective and the Measurement Plan of New and length M&V for for uses, in Development process Savings meters the the energy chosen, for M&V a implement Energy a going sub include of E Packet / have is magnitude Example 3_MMRP on Determining !¦¤­£  Path shall shall be and shall LEED ongoing. plan Tenants Develop Exhibit Name: meter, ΑΏΐΕȃΏΕȃΐΓ the M&V The for If 761 0 ¦¤ 9 of 8 Page towards Awarded the by waiver requested Reduction % 5 a when awarded % use electricity be will 5% it Controlled: or then reduce Automatic, use, automatically electricity Utility Tariffs customer's semi or Response Automatic: manually the 3% EXHIBIT 3 Controlled: reduce to Semi Demand option automatically Customer or Manual the has F: Worksheet customer can utility reduction. thethe whichwhich SAMPLE energy inin overall tarifftariff Tariff ResponseResponse the towards DemandDemand waiver SDG&ESDG&E % Development 3 a anan awarded reduction. chooseschooses Meter(s) be Packet developmentdevelopment energy will Example !¦¤­£  it then overall Name: ΑΏΐΕȃΏΕȃΐΓ utility, thethe the IfIf 762 0 ¦¤ 9 of 9 Page III Volume Applications 3 EXHIBIT www.chps.net/dev/Drupal/node/31 EXHIBIT 3 in / IPMVP used www.energy.ca.gov/title24/ References / world.org Services www.usgbc.org www.ilbi.org & for www.evo Products Links Energy Determining ) TM program (LEED Design (CHPS) Design efficiency for Standards Manual Schools 2003. Options Environmental energy Practices April Performance Efficiency and Construction, sponsored Concepts Best and Challenge Energy Links High II Energy III, Volume Packet Vista / for Building 3_MMRP Volume New !¦¤­£  Building in Collaborative Chula Leadership 2006 in IPMVP, Savings 24 Exhibit of ΑΏΐΕȃΏΕȃΐΓ Living CHPS Title City 763 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ Baksh, M. n.d. The Kumeyaay. Available online at: www.kumeyaay.info/kumeyaay_way. Accessed April 25, 2013. Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken (Eds.). 2012. The Jepson Manual: Vascular Plant of California, Thoroughly Revised and Expanded. 2nd Edition. University of California Press. Beck, L. and T. Cable. 2002. Interpretation for the 21st Century: Fifteen Guiding Principles for Inter- preting Nature and Culture. Sagamore Publishing. Champaign, I.L. California Coastal Commission. 2015. California Coastal Commission Sea Level Rise Policy Guid- ance: Interpretive Guidelines for Addressing Sea Level Rise in Local Coastal Programs and Coastal Development Permits. Online at: http://www.coastal.ca.gov/climate/slrguidance.html. Last accessed 25 April 2016. California Department of Fish and Game. 2008. California Aquatic Invasive Species Management Plan. January 2008. Online at: http://www.dfg.ca.gov/invasives/plan/ California Invasive Plant Council (Cal-IPC). 2006. California Invasive Plant Inventory. Cal-IPC Publi- cation 2006-02. California Invasive Plant Council: Berkeley, CA. California Regional Water Quality Control Board, San Diego Region (SDRWQCB). 2011. Water Qual- ity Control Plan for the San Diego Basin. September 8, 1994 with amendments effective on or before April 4, 2011. California Regional Water Quality Control Board, San Diego Region (SDRWQCB). 2013. San Diego Region - Clean Water Act Section 305(b) Surface Water Quality Assessment and Section 303(d) List of Water Quality Limited Segments. Website: http://www.water- boards.ca.gov/rwqcb9/water_issues/programs/303d_list/index.shtml Chula Vista Historical Society. 1991. The Chula Vista Historical Society Presents Family, Friends, and Homes. San Diego, California: Tecolote Publications. City of Calgary, Canada. 2011. Bird-Friendly Urban Design Guidelines: Integrating Natural Systems with Human Activities. City of Calgary Land Use Planning & Policy. March 2011. City of Chula Vista. 2005. Chapter 3: Chula Vista in Perspective.Ž In the City of Chula Vista General Plan. Prepared through the City of Chula Vista Planning and Building Department. Available online at: http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Build- ing/General_Plan/documents.asp. Accessed April 3, 2013. City of Chula Vista. 2012a. About Chula Vista: Brief History of Chula Vista. Available online at: http://www.chulavistaca.gov/About/history.asp. Accessed April 26, 2013. City of Chula Vista. 2012b. Nature Center: History of Gunpowder Point. Available online at: http://www.chulavistaca.gov/City_Services/Community_Services/Nature_Center/About/his- tory.asp. Accessed April 26, 2013. City of Chula Vista. 2012c. Public Library: History of Chula Vista. Available online at: http://www.chu- lavistaca.gov/City_Services/Community_Services/Library/LocalHistoryMuseum/HistoryOfCh- ulaVista.asp. Accessed April 26, 2013. City of Portland, Oregon. 2012. Resource Guide for Bird-friendly Building Design. First Edition, July 2012. City of San Francisco, California. 2011. Standards for Bird-Safe Buildings. San Francisco Planning Department. June 2011. City of Toronto, Canada. 2007. Bird-Friendly Development Guidelines. City of Toronto Green Devel- opment Standard. March 2007. Coffman, L. 2000. Low-Impact Development Design Strategies, An Integrated Design Approach. EPA 841-B-00-003. Prince George's County, Maryland. Department of Environmental Resources, Programs and Planning Division. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 764 County of San Diego. 2011. Final Hydromodification Management Plan. Prepared by Brown and Caldwell. March 2011. Available online at: http://www.sdcounty.ca.gov/dpw/watersheds/susmp/susmp.html Eguchi, T., J.A. Seminoff, R.A. LeRoux, P.H. Dutton, D.L. Dutton. 2010. Abundance and survival rates of green turtles in an urban environment: coexistence of humans and an endangered species. Marine Biology 157: 1869-1877. Haines-Young, R., and M. Potschin. 2011. Common International Classification of Ecosystem Services (CICES): 2011 Update. Prepared for the European Environmental Agency. Contract No: No. EEA/BSS/07/007, November 2011. Available online at: http://unstats.un.org/unsd/envaccount- ing/seeaLES/egm/Issue8a.pdf. Hoffman, G.M., and L.H. Gamble. 2006. A Teacher's Guide to Historical and Contemporary Kumey- aay Culture. San Diego, California: San Diego State University, Institute for Regional Studies of the Californias. http://www.icleiusa.org/climate_and_energy/Climate_Adaptation_Guidance/san-diego-bay- sea-level-rise-adaptation-strategy-1. http://www.icleiusa.org/climate_and_energy/Climate_Adaptation_Guidance/san-diego-bay- sea-level-rise-adaptation-strategy-1. Knudson, D., T. Cable, and L. Beck. 2003. Interpretation of Cultural and Natural Resources. Second edition. Venture Publishing, Inc., State College, PA. Living Coast Discovery Center, San Diego Bay at Chula Vista. 2013. Our Timeline. Available online at: http://www.thelivingcoast.org/about-us/our-timeline/. Accessed April 26, 2013. Loumala, K.L. 1978. Tipai-Ipai.Ž In California, edited by R.F. Heizer, pp. 592-609. Handbook of North American Indians, vol. 8, W.C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. Macdonald, K.B., R.F. Ford, E.B. Copper, P. Unitt, and J.P.Haltiner. 1990. South San Diego Bay Enhance- ment Plan, vol. 1, Bay History, Physical Environment and Marine Ecological Characterization, vol. 2, Resources Atlas: Birds of San Diego Bay, vol. 3, Enhancement Plan, vol. 4, Data Summaries. Pub- lished by San Diego Unified Port District, San Diego, CA. and California State Coastal Conservancy. Maher, E. 2013. Personal communication. Assistant Director, Environmental Services, Unified Port of San Diego. Mastrandrea, M.D., C. Tebaldi, C.W. Snyder, S.H. Schneider. 2011. Current and future impacts of extreme events in California. Climate Change 109 (Suppl 1):S43-S70. Messner, S., S. Miranda, E. Young, N. Hedge. 2011. Climate change-related Impacts in the San Diego region by 2050. Clim Change 109 (Suppl 1), doi: 10.1007/s10584-011-0316-1. National Research Council (NRC). 2012. Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future. Report by the Committee on Sea Level Rise in California, Oregon, and Washington. National Academies Press, Washington, DC. 250 pp. Online: http://www.nap.edu/catalog/13389/sea-level-rise-for-the-coasts-of-california-oregon-and- washington. Nelson, E., G. Mendoza, J. Regetz, S. Polasky, H. Tallis, D.R. Cameron, K.M.A. Chan, G.C. Daily. J. Goldstein, P.M. Kareiva, E. Lonsdorf, R. Naidoo, T.H. Ricketts, and M.R. Shaw. 2009. Modeling multiple ecosystem services, biodiversity conservation, commodity production, and tradeoffs at landscape scales.Ž Front Ecol Environ, 7(1): 4-11. O'Boyle, R., and G. Jamieson. 2006. Observations on the implementation of ecosystem-based manage- ment: experience on Canada's east and west coasts. Fisheries Research 79(2006)1-12. Otay River Watershed Management Plan (ORWMP) Joint Exercise of Powers Agreement Public Agen- cies. 2006. Otay River Watershed Management Plan. Prepared by Aspen Environmental Group for the ORWMP Joint Exercise of Powers Agreement Public Agencies: City of Chula Vista, City of Imperial Beach, City of San Diego, County of San Diego, San Diego Unified Port District. Con- tract No. 46618. May 2006. Port of San Diego. 2008, 2013, 2016. Topographical evaluations of Sweetwater, Harbor, and Otay Dis- tricts via various flyovers. Performed by Rick Engineering under contract with the Port of San Diego. Maps provided by the Port of San Diego for this Plan. Port of San Diego. 2013a. Alternative Hull Paint Testing and Research. Website: http://www.portof- sandiego.org/environment/alternative-hull-paints.html. Accessed 06 May 2013. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 765 Port of San Diego. 2013b. In-Water Hull Cleaning Policy Development and Legislation. Website: http://www.portofsandiego.org/environment/copper-reduction-program/policy-development- and-legislation.html. Accessed 06 May 2013. Port of San Diego. 2013c. Climate Action Plan. Website: http://www.portofsandiego.org/environ- ment/3414-port-of-san-diego-adopts-climate-action-plan.html. Accessed 30 September 2014. Port of San Diego and City of Chula Vista. 2012. Chula Vista Bayfront Master Plan Public Access Pro- gram. August 2012. Website: http://www.portofsandiego.org/chula-vista-bayfront-master- plan/environmental-impact-report/doc_download/5001-cvbmp-public-access-program-certi- fied-aug-9-2012.html. Accessed 30 September 2014. Port of San Diego and U.S. Department of the Navy. 2013. San Diego Bay Integrated Natural Resources Management Plan. November 2013. Prepared by Tierra data, Inc. Preston, K.L., J.T. Rotenberry, R.A. Redak, and M.F. Allen. 2008. Habitat shifts of endangered species under altered climate conditions: importance if biotic interactions. Global Change Biology 14: 2501-2515. Project Clean Water. 2013. San Diegos Watersheds. Website: http://www.projectcleanwa- ter.org/html/watersheds.html. Accessed 07 May 2013. Rosak, T. 2001. The Voice of the Earth: An Exploration of Ecopsychology. Second edition. Phanes Press, Grand Rapids, MI. San Diego Association of Governments. 2011. Vegetation Classification Manual for Western San Diego County. 1st Edition. Prepared by: AECOM, California Department of Fish and Game Vegetation Classification and Mapping Program, and Conservation Biology Institute (F. Sproul, T. Keeler- Wolf, P. Gordon-Reedy, A. Klein, and K. Harper). February 2011. San Diego Coastkeeper. 2013. San Diego Watersheds. Website: http://www.sdcoastkeeper.org/san- diego-watersheds.html. Accessed 07 May 2013. San Diego Unified Port District (SDUPD). 2008. Jurisdictional Urban Runoff Management Program Document. March 2008. Sawyer, J.O, T. Keeler-Wolf. and J.M. Evens. 2009. A Manual of California Vegetation. 2nd Edition. Cal- ifornia Native Plant Society. State of California. 2010. Sea Level Rise Task Force of the Coastal and Ocean Working Group of the California Climate Action Team (CO-CAT), Sea Level Rise Interim Guidance Document. Octo- ber 2010. State Water Resources Control Board (SWRCB). 2013. Bay Protection and Toxic Cleanup Program, Sediment Quality Objectives. Online: http://www.swrcb.ca.gov/water_issues/pro- grams/bptcp/sediment.shtml. Last Accessed November 2013. Sullivan, G. and G.B. Noe. 2001. Coastal Wetland Plant Species of Southern California U.S. Fish and Wildlife Service (USFWS). 2006. San Diego Bay National Wildlife Refuge, Sweetwater Marsh and South San Diego Bay Units: Final Comprehensive Conservation Plan and Environ- mental Impact Statement. Online: http://www.fws.gov/refuge/San_Diego_- Bay/what_we_do/planning.html. Last accessed 22 April 2016. U.S. Fish and Wildlife Service (USFWS). 2009. Final Environmental Assessment, South San Diego Bay Coastal Wetland Restoration and Enhancement Project (San Diego County, California). Cooper- ating Agencies: National Oceanic and Atmospheric Administration, National Marine Fisheries Service. October 20. Online: http://www.fws.gov/sandiegorefuges/new/FinalEAcomplete.pdf. Last accessed 22 April 2016. Vantuna Research Group (VRG). 2012. Fisheries Inventory and Utilization of San Diego Bay, San Diego, California for Surveys Conducted In April And July 2012. By J.P. Williams and D.J. Pon- della, Moore Laboratory of Zoology, Occidental College. William McDonough and Partners. 2014. Design Approach. http://mcdonoughpartners.com/design- approach/. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 766 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 767 This appendix contains copies of the following NRMP controlling documents: the MMRP as described in the CVBMP Final EIR (May 2010); the CVBMP Settlement Agreement (May 2010); and the CVBMP CCDP (July 2012). ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 768 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 769 MITIGATION MONITORING AND REPORTING PROGRAM for the CHULA VISTA BAYFRONT MASTER PLAN UPD #83356-EIR-658 SCH #2005081077 Prepared for: SAN DIEGO UNIFIED PORT DISTRICT 3165 Pacific Highway San Diego, California 92101 Prepared by: 605 Third Street Encinitas, California 92024 MAY 2010 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 770 Printed on 30% post-consumer recycled material. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 771 CVBMPP HULA ISTA AYFRONT ASTER LAN ROJECT MMRP ITIGATION ONITORING AND EPORTING ROGRAM 1.0 INTRODUCTION This Mitigation Monitoring and Reporting Program ("MMRP") was prepared for the San Diego Unified Port District ("Port") for the Chula Vista Bayfront Master Plan ("Proposed Project") pursuant to Public Resources Code section 21081.6, which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. The MMRP will serve the purpose of verifying completion of the mitigation measures for the Proposed Project. Project Overview The Proposed Project (Sweetwater Park Plan) comprises the following components: Amendments to the Port Master Plan (PMP); the City of Chula Vista General Plan; and the City's Local Coastal Program (LCP), which includes the Land Use Plan and Bayfront Specific Plan; and Multiple Species Conservation Program (MSCP) Chula Vista Subarea Plan A land exchange between the Port and Pacifica Redevelopment of the Sweetwater, Harbor, and Otay Districts with a variety of uses: park, open space, ecological buffers, cultural, recreational, residential, hotel and conference space, mixed-use office/commercial recreation, and retail. Redevelopment is expected to include a resort and conference center and proposed water uses such as a reconfigured marina basin and boat slips, a new commercial harbor, and realignment of the existing navigation channel. Redevelopment of the roadway system and infrastructure serving the Proposed Project area both on site and off site Demolition and/or relocation of existing uses to allow for the above redevelopment to occur subject to lease agreements. Prominent characteristics of the Proposed Project include the establishment of three districts (Sweetwater, Harbor, and Otay), development of an RCC and other hotels, a signature park and other park and open space areas, a large ecological buffer, up to 1,500 residential units, mixed- use office/commercial recreation, retail, cultural uses, and reconfiguration of the existing Chula Vista Harbor. Several actions, including undergrounding of existing transmission lines, remediation of the L-Ditch and the former Goodrich South Campus land area, and demolition/relocation of the SDG&E switchyard (subject to the California Energy Commission (CEC) and California Public Utilities Commission (CPUC) actions), are being and/or would be separately addressed by the regulatory agencies responsible for their review and approval. May 2010 - 1 - MMRP ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 772 CVBMPP HULA ISTA AYFRONT ASTER LAN ROJECT MMRP ITIGATION ONITORING AND EPORTING ROGRAM The project site (also referred to as the planning area) encompasses approximately 556 acres that includes 497 acres of land area and 59 acres of water area. This planning area has been divided into three districts—the Sweetwater District, the Harbor District, and the Otay District. The Sweetwater District (approximately 130 acres) proposes the lowest intensity development of the three districts and focuses on lower scale, environmentally sensitive and environmentally themed uses, including a large ecological buffer, a signature park, bike path, pedestrian trails, other open space areas, uses such as office/retail, hotel, parking for the Chula Vista Nature Center, and roadway and infrastructure improvements. The Harbor District is most directly accessible to downtown Chula Vista and would be redeveloped to provide a significant link from the City to the Bayfront. It is composed of approximately 223 acres of land and approximately 59 acres of water. The Harbor District proposes the highest intensity development of the Proposed Project and encourages an active, vibrant mix of uses: hotels and conference space; bike path; park and other open space areas; a continuous waterfront promenade; residential uses; mixed-use retail, office, and cultural space; piers; and new roadways and infrastructure. Also proposed is a reconfigurationof the existing harbor to create a new commercial harbor, and realignment of the navigation channel. The Otay District is composed of approximately 144 acres, and proposes medium intensity development that consists of industrial business park use (relocation of the existing switchyard), low cost visitor-serving recreational uses (such as a recreational vehicle park and a new South Park), other open space areas, an ecological buffer, stormwater retention basins, bike path, pedestrian trails, and new roadways and infrastructure. The plan proposes to extend Chula Vista's traditional grid of streets to ensure pedestrian, vehicle, bicycle, transit, and water links. The Proposed Project also proposes a continuous open space system, fully accessible to the public, which would seamlessly connect the Sweetwater, Harbor, and Otay Districts through components such as a continuous shoreline promenade or baywalk and a continuous bicycle path linking the parks and ultimately creating greenbelt linkages. Significant park and other open space areas in each of the three districts are proposed along with a defined signature park and the creation of an active commercial harbor with public space at the water's edge. The plan would also enhance existing physical and visual corridors while adding new ones. Approximately 258 acres, or 46%, of the project site is proposed to be developed with hotel, retail, office, and other uses, including public street systems. Approximately 238 acres, or 43%, of the Project site is proposed to be open space, either in the form of natural habitat or public passive or active use parks. The remaining 59 acres, or 11%, of the Project site is proposed to be water area for the marina basins and new commercial harbor. The illustrative map for the Proposed Project is shown in Figure 3-8b of the Final EIR. Proposed development is planned to occur in four phases over an approximate 24-year period May 2010 - 2 - MMRP ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 773 CVBMPP HULA ISTA AYFRONT ASTER LAN ROJECT MMRP ITIGATION ONITORING AND EPORTING ROGRAM (approximately five years for Phases I and II; approximately five years for Phase III; and approximately 14 years for Phase IV). Phases I and II will consist of high-quality development and public improvements concentrated in the Sweetwater and Harbor Districts that will be the catalyst for surrounding public and private development in the Proposed Project. This phasing schedule, however, represents a best-case scenario and will be contingent upon and subject to many factors, such as availability and timing of public financing and construction of public improvements; terms of existing long-term leases; actual market demand for, and private financing of, proposed development; lease negotiations; approvals for, and demolition and/or relocation of, existing uses; approvals for new uses; and other approvals. The Port and City will enter into an agreement for the purpose of financing and development of the Proposed Project. Phase I components, consisting of development on Parcels H-13, H-14, HP-5, and H-17, are analyzed in this report at a project-specific level and are identified in Table 3-4 of the Final EIR. All other proposed Phase I components are analyzed at a programmatic level and are identified inTable 3-5 in the Final EIR. Phases II, III, and IV components are also analyzed at a programmatic level and are identified in Table 3-6 of the Final EIR. The nature and extent of additional environmental review, which may be required for Phases I, II, III, and IV projects analyzed at a programmatic level, will be determined pursuant to State CEQA Guidelines Section 15168. Implementation of the Proposed Project will require discretionary approvals by State and local agencies as shown in Table 3-1 of the Final EIR. Discretionary approvals include but are not limited to amendments to the PMP (adopted in 1981 and last amended in 2004), the Chula Vista LCP (which includes the LUP and Specific Plan), the City of Chula Vista General Plan, and the City of Chula Vista's MSCP, coastal development permits, a land exchange, and tentative maps. The Final Environmental Impact Report (Final EIR) The Final Environmental Impact Report (Final EIR) evaluated the Proposed Project's potential to adversely affect a wide range of resources and impact categories, including land/water use compatibility; traffic and circulation; parking; aesthetics/visual quality; hydrology/water quality; air quality; noise; terrestrial biological resources; marine biological resources; cultural resources; paleontological resources; hazards and hazardous materials/public safety; public services; public utilities; seismic/geologic hazards; and energy. The Final EIR recommends feasible mitigation measures to avoid or substantially reduce these significant impacts. Pursuant to Public Resources Code Section 21011.6, the mitigation measures are included in this MMRP. In response to public and agency comments on the Revised DEIR, the Port and the City engaged in extensive public outreach with many interested persons, organizations and agencies in a good faith attempt to address their concerns. As a result of these efforts, the Port and the City agreed May 2010 - 3 - MMRP ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 774 CVBMPP HULA ISTA AYFRONT ASTER LAN ROJECT MMRP ITIGATION ONITORING AND EPORTING ROGRAM to implement a number of project design features and mitigation measures above and beyond those which are required to avoid or reduce the Proposed Project’s significant impacts below a level of significance. Although these additional project design features and mitigation measures are not required by CEQA or any other applicable law or regulation, the Port and the City agreed to include them in this MMRP to facilitate their implementation and monitoring. 2.0 MITIGATION MONITORING AND REPORTING PROGRAM Program Procedural Guidelines Prior to the commencement of a development activity subject to a project design feature or mitigation measure contained in this MMRP, the parties responsible for implementing, monitoring and reporting the project design feature or mitigation measure shall meet to establish their respective responsibility and authority for each of the project design features or mitigation measures applicable to the proposed activity. The Port and/or the City shall provide the participants with a complete list of all project design features and mitigation measures in this MMRP which apply to the proposed activity. The participants shall review and confirm the performance, monitoring and reporting responsibilities for each applicable design feature and mitigation measure. Actions in Case of Noncompliance There are generally three separate categories of noncompliance associated with the project design features and mitigation measures contained in this MMRP: Noncompliance that requires an immediate halt to a specific task or piece of equipment; Noncompliance that warrants an immediate corrective action but does not result in work or task delay; and Noncompliance that does not warrant immediate corrective action and results in no work or task delay. There are a number of options the Port and/or the City may use to enforce this MMRP should noncompliance continue. These options include, but are not limited to, "stop work" orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. Decisions regarding actions in case of noncompliance are the responsibility of the Port and/or the City. May 2010 - 4 - MMRP ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 775 776 0 ¦¤ MMRP Verification Date of Port Completion Date of Commission Monitoring Consultation Agency California with the Coastal Port in Mitigation Timing Î Prior to Tenants Î Prior to Grubbing Permit First Clearing or Responsible Party and First Grading Port or Port Port or Port Tenants Permit guidelines for this plan will be developed in consultation with the regulatory agencies. The jurisdictional areas, the Port or Port tenants, as appropriate, shall consult with the CCC to wed under the California Coastal Act. If the or Port tenants, as appropriate, shall prepare a whether drainages mapped as a potential CCC wetland fall under CCC jurisdiction. If this additional mitigation would be required. If CCC CCC wetlands on Parcels HP-13B and HP-7. The survival, and percent of native/non-native ll confer with the CCC in order to determine plan shall address monitoring requirements and shall specify when annual reports are to remediation will occur within 3 months or the start of the growing season. The Port shall ualitative and quantitative assessments of the habitats, shall detail the target functions and values, and shall address the approach to ess criteria are met to the satisfaction of restoring those functions and values. Typically, the restoration plan shall detail the site e each area is successful. The restoration the final development design must mitigate avoid and minimize impacts to sensitive impact is not allowed, then a design shall be developed that avoids impacts to CCC site conditions shall be included. If the mitigation standards have not been met in a gation site. Typical success criteria may MM 4.1-1 Prior to the issuance of the first grading permit for activities that could impact CCC te, will need to mitigate impacts to the areas restoration plan detailing the measures needed to create/restore CCC wetlands to 3.0 MITIGATION MONITORING PROGRAM TABLE particular year, contingency measures shall be identified in the annual report, and jurisdictional wetlands. In the event that the CCC concurs that the impact to CCC implementation procedures, and monitoring and maintenance practices and shall canopy cover. A minimum 5-year maintenance and monitoring period would be ation techniques, planting palettes, - 5 - the Port in consultation with the regulatory agencies, including the CCC. identified as seasonal pond, mapped as a CCC wetland at a 2:1 ratio. Mitigation Measure include percent canopy cover, percent of plant be responsible for ensuring that all of the succ determine whether the proposed impact is allo plan shall summarize the approach taken to The Port or Port tenants, as appropriate, sha implemented following installation, to ensur establish performance criteria for each miti jurisdictional wetlands is allowed, the Port area is not subject to CCC jurisdiction, no selection process and propose site prepar does assert jurisdiction over these areas, be prepared and what they shall entail. Q provide 2:1 mitigation for the impact to MM 4.1-2 The Port or Port tenants, as appropria *Applies to Significant Impact 4.1-1. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 777 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT USFWS, and City of Chula Monitoring Agency CDFG B Vista, ISTA M ITIGATION V HULA Mitigation Timing Project Applicant Grubbing Permit Responsible Party and - Prior to First C Clearing or M guidelines for this plan will be developed in consultation with the regulatory agencies. The jurisdictional areas, the Port or Port tenants, as appropriate, shall consult with the CCC to wed under the California Coastal Act. If the or Port tenants, as appropriate, shall prepare a survival, and percent of native/non-native plan shall address monitoring requirements and shall specify when annual reports are to ies and Vegetation Communities protection remediation will occur within 3 months or the start of the growing season. The Port shall ualitative and quantitative assessments of the shall be required to obtain an HLIT Permit pursuant to Section 17.35 of the Chula Vista habitats, shall detail the target functions and values, and shall address the approach to restoring those functions and values. Typically, the restoration plan shall detail the site ess criteria are met to the satisfaction of MM 4.1-4 Prior to issuance of any permit for clearing, grubbing, or grading, the project applicant e each area is successful. The restoration needed to create/restore CCC wetlands. The avoid and minimize impacts to sensitive impact is not allowed, then a design shall be developed that avoids impacts to CCC site conditions shall be included. If the mitigation standards have not been met in a gation site. Typical success criteria may Prior to the issuance of the first grading permit for projects that could impact CCC jurisdictional wetlands. In the event that the CCC concurs that the impact to CCC implementation procedures, and monitoring and maintenance practices and shall particular year, contingency measures shall be identified in the annual report and canopy cover. A minimum 5-year maintenance and monitoring period would be ation techniques, planting palettes, - 6 - the Port in consultation with the regulatory agencies, including the CCC. Mitigation Measure *Applies to Significant Impacts 4.1-2 and 4.1-3. include percent canopy cover, percent of plant be responsible for ensuring that all of the succ determine whether the proposed impact is allo plan shall summarize the approach taken to Municipal Code for impacts to Covered Spec implemented following installation, to ensur establish performance criteria for each miti jurisdictional wetlands is allowed, the Port selection process and propose site prepar be prepared and what they shall entail. Q under the City's MSCP Subarea Plan. restoration plan detailing the measures *Applies to Significant Impact 4.1-6. impacts at a 2:1 ratio. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 778 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT City Engineer City Engineer Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Building Permit Party and - Prior to First -Prior to First -Prior to First Certificate of Certificate of C Port or Port Port or Port Occupancy Occupancy Applicant M Tenants Tenants ctor with excess ROW used for pedestrian r any development on H-13 or H-14 in Phase I, Frontage improvements for the remaining segments of Marina Parkway J Street and Phase I, Port or Port tenants, as appropriate, shall construct H Street from I-5 to Marina y fronting H-13 and H-14 between Sandpiper tigation is provided in lieu of widening of F on would reduce Significant Impact 4.2-2, Street due to environmental constraints associated with the widening of F Street in the vicinity of G&G Street Marsh. At the completion of the H Street Extension, the Port or This mitigation would reduce Significant Impact 4.2-1 to below a level of significance. MM 4.2-1 Prior to the issuance of any certificates of occupancy for any development on H-3 in MM 4.2-2 Prior to the issuance of any certificates of occupancy for any development on H-3 in Port tenants, as appropriate, shall also restrict access along the segment of Lagoon Collector along Parcel H-3. This would would be constructed as a 2-lane Class III Sandpiper Way will be constructed in conjunction with the development of the Collector, or secure such construction to the satisfaction of the City Engineer. to the satisfaction to the City engineer. Drive/F Street (between Parcel H-3 and the BF Goodrich access on F Street) to Construct H Street west of Marina Parkway as a 2-lane Class III Collector - 7 - 4.2-4, 4.2-6, 4.2-7, and 4.2-11. Construct a traffic signal at H Street and RCC Truck Driveway. provide a connection to Lagoon Drive via Marina Parkway. adjacent parcels to these frontages in subsequent phases. below a level of significance. Mitigation Measure Phase I, the Port or Port tenant, as appropriate, shall: Way and J Street as a 3-lane Class II Colle Parkway as a four-lane Major Street. This miemergency vehicle access only. This mitigati Construct E Street as a 2-lane Class III facilities, or secure such construction Prior to the issuance of building permits fo Rebuild that portion of Marina Parkwa Construct Street A north of J Street *Applies to Significant Impacts 4.2-2, *Applies to Significant Impact 4.2-1. 4.2-4, 4.2-6, 4.2-7, and 4.2-11 to the applicant shall: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 779 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT City Engineer Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Port, Port Tenants, Port, Port Tenants, Responsible Building Permit Party and -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of C or Applicant or Applicant Port or Port Occupancy Occupancy Occupancy Applicant M Tenants e to the satisfaction of the City Engineer. he satisfaction of the City Engineer. The traffic for any development on H-13 or H-14 in Phase I, evard between E Street and F Street from additional roadway capacity would facilitate the ass II Collector, or secure such widening to on to the satisfaction of the City Engineer. affic signal at the intersection of L Street MM 4.2-4 Prior to the issuance of certificates of occupancy for development on H-3 and building ould reduce Significant Impact 4.2-5 to below a MM 4.2-6 Prior to the issuance of certificates of occupancy for development on H-3 or building MM 4.2-3 Prior to the issuance of any certificates of occupancy for any development on H-3 in signal shall be constructed and operate to the satisfaction of the City Engineer. This This mitigation would reduce Significant Impact 4.2-9 and 4.2-15 to below a level of permits on H-13 or H-14 for any development in Phase I, the Port, Port tenants, or Parkway from a two-lane Class III Collector to a three-lane Class II Collector. This Phase I, Port or Port tenants, as appropriate, shall widen H Street west of Marina permits for any development on H-13 or H-14 in Phase I, the Port, Port tenant, or the applicant shall construct a traffic signal at the intersection of J Street and Bay 2-3 to below a level of significance. mitigation would reduce Significant Impact 4.2-8 and 4.2-14 to below a level of - 8 - Mitigation Measure *Applies to Significant Impacts 4.2-8 and 4.2-14. *Applies to Significant Impacts 4.2-9 and 4.2-15. The traffic signal shall be constructed and operat applicant, as appropriate, shall widen Bay Boul and Bay Boulevard, or secure such constructi applicants, as appropriate, shall construct a tr a two-lane Class III Collector to a two-lane Cl mitigation would reduce Significant Impact 4. Boulevard, or secure such construction to t the satisfaction of the City Engineer. The MM 4.2-5 Prior to the issuance of building permits flow of project traffic. This mitigation w *Applies to Significant Impact 4.2-3. *Applies to Significant Impact 4.2-5. level of significance. significance. significance. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 780 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Port or Port Tenant Mitigation Timing Port, Port Tenants, Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Responsible Party and -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of Certificate of C or Applicant or Applicant or Applicant or Applicant Occupancy Occupancy Occupancy Occupancy M be constructed and operate to the satisfaction of Street/RCC Driveway, which would result in widening H Street west of Marina Parkway to MM 4.2-11 Prior to the issuance of certificates of occupancy for development on H-23 in Phase I, the , shall widen H Street between Street A and occupancy for any development on H-3 in Phase I, truct Street A between H Street to Street C southbound ramps and Bay Boulevard, or secure such construction to the satisfaction of shall widen J Street between Street A to I- a three-lane Class II Collector. This mitigation would reduce Significant Impact 4.2-13 to and Street A as a two-lane Class II Collector. Implementation of this mitigation measure as a two-lane Class III Collector, and shall construct Street C between Marina Parkway educe Significant Impact 4.2-10 and 4.2-16 to I-5 Ramps to a five-lane Major Street, or secure such construction to the satisfaction of MM 4.2-12 Prior to the issuance of certificates of occupancy for any development in Phase II, the MM 4.2-13 Prior to the issuance of certificates of occupancy for any development in Phase II, the ity would facilitate the flow of project MM 4.2-7 Prior to the issuance of certificates of occupancy for development on H-3 or building permits on H-13 or H-14 for any development in Phase I, the Port, Port tenants, or applicants, as appropriate, shall construct a traffic signal at the intersection of I-5 the Port or Port tenant, as appropriate, shall construct a westbound lane along H traffic. This mitigation would reduce Significant Impact 4.2-21 to below a level of - 9 - would reduce Significant Impact 4.2-20 to below a level of significance. Mitigation Measure *Applies to Significant Impacts 4.2-10 and 4.2-16. the City Engineer. The additional roadway capac Port, Port tenant, or applicant, as appropriate, Port or Port tenant, as appropriate, shall cons Port, Port tenant, or applicant, as appropriate the City Engineer. The traffic signal shall the City Engineer. This mitigation would r *Applies to Significant Impact 4.2-13. *Applies to Significant Impact 4.2-20. *Applies to Significant Impact 4.2-21. MM 4.2-9 Prior to the issuance of certificates of below a level of significance. below a level of significance significance. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 781 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Responsible Party and -Prior to First -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of Certificate of Certificate of C or Applicant or Applicant or Applicant or Applicant Occupancy Occupancy Occupancy Occupancy M be constructed and operate to the satisfaction of , shall widen Street A between Street C and 5 Ramps to a six-lane Major Street, or secure such construction to the satisfaction of the satisfaction of the City Engineer. The traffic eastbound through lane along J Street at the intersection of J Street and Bay Boulevard, J Street to a four-lane Class I Collector or secure such construction to the satisfaction of , shall construct a traffic signal and add an d facilitate the flow of project traffic. This mitigation would reduce Significant Impact 4.2-22 to below a level of significance. or secure such construction to the satisfaction of the City Engineer. The lanes shall be intersection of H Street and Street A, or secure such construction to the satisfaction of MM 4..2-14 Prior to the issuance of certificates of occupancy for any development in Phase II, the MM 4.2-15 Prior to the issuance of certificates of occupancy for any development in Phase II, the MM 4.2-16 Prior to the issuance of certificates of occupancy for any development in Phase II, the MM 4.2-17 Prior to the issuance of certificates of occupancy for any development in Phase II, the ity would facilitate the flow of project signal and left-turn lanes shall be built to the satisfaction of the City Engineer. This , shall construct a traffic signal at the 2-24 to below a level of significance. exclusive left-turn lane at each approach at the intersection of H Street and RCC constructed to the satisfaction of the City Engineer. This mitigation would reduce traffic. This mitigation would reduce Significant Impact 4.2-23 to below a level of opriate, shall construct a westbound and - 10 - Significant Impact 4.2-25 to below a level of significance. Mitigation Measure City Engineer The additional roadway capacity woul the City Engineer. The additional roadway capac Driveway, or secure such construction to the mitigation would reduce Significant Impact 4. Port, Port tenant, or applicant, as appropriatePort, Port tenant, or applicant, as appropriatePort, Port tenant, or applicant, as appropriate the City Engineer. The traffic signal shall Port, Port tenant, or applicant, as appr *Applies to Significant Impact 4.2-22. *Applies to Significant Impact 4.2-23. *Applies to Significant Impact 4.2-24. *Applies to Significant Impact 4.2-25. significance. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 782 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Responsible Party and -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of C or Applicant or Applicant or Applicant Occupancy Occupancy Occupancy Occupancy M e Significant Impact 4.2-26 to below a level el, and continue south to Bay Boulevard, that would continue south from J Street, connecting to the proposed Street B in the Otay as a 2-lane Class III Collector. This mitigation would reduce Significant Impact 4.2-31 to MM 4.2-18 Prior to the issuance of certificates of occupancy for any development in Phase II of the satisfaction of the City Engineer. This mitigation would reduce Significant Impact 4.2-27 In addition, prior to the issuance of certificates ffic signal at the intersection of J Street he City Engineer. The traffic signal and turning MM 4.2-20 Prior to the issuance of certificates of occupancy for any development in Phase III, the shall construct the segment of Street A MM 4.2-19 Prior to the issuance of certificates of occupancy for any development in Phase II, the of occupancy for any development in Phase III, the Port, Port tenants, as appropriate hat would connect to the proposed Street A, -turn lane along Street A, or secure intersection of J Street and Street A and add an exclusive westbound right-turn lane satisfaction of the City Engineer. This , shall construct a traffic signal at the 2-28 to below a level of significance. and Marina Parkway. The traffic signal shall be constructed and operate to the - 11 - Mitigation Measure along J Street and an exclusive southbound right bridge over the Telegraph Canyon Creek Chann development, the developer shall construct a tra lanes shall operate and be constructed to the Port, Port tenants, or applicant, as appropriate the City Engineer. This mitigation would reduc mitigation would reduce Significant Impact 4. Port, Port tenant, or applicant, as appropriate District, as a two-lane Class III Collector. shall construct the segment of Street B t such construction to the satisfaction of t *Applies to Significant Impact 4.2-26. *Applies to Significant Impact 4.2-31. *Applies to Significant Impact 4.2-27. *Applies to Significant Impact 4.2-28. to below a level of significance. below a level of significance. of significance. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 783 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Port, Port Tenants, Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Responsible Party and -Prior to First -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of Certificate of C or Applicant or Applicant or Applicant or Applicant or Applicant Occupancy Occupancy Occupancy Occupancy M ass III Collector. This mitigation would reduce roadway capacity would facilitate the flow on of J Street and Bay Boulevard, or secure MM 4.2-23 Prior to the issuance of certificates of occupancy for any development in Phase III of the educe Significant Impact 4.2-32 to below a level City Engineer. The turning lane shall be built at the intersection of J Street and I-5 is mitigation would reduce Significant Impact MM 4.2-25 Prior to the issuance of certificates of occupancy for any development in Phase IV, the te, shall construct an exclusive eastbound turning lane shall be built to the satisfaction of the City Engineer. This mitigation would MM 4.2-21 Prior to the issuance of certificates of occupancy for any development in Phase III, the MM 4.2-22 Prior to the issuance of certificates of occupancy for any development in Phase III, the MM 4.2-24 Prior to the issuance of certificates of occupancy for any development in Phase III, the te, shall widen Street A between H Street , shall construct a new F Street segment , shall construct E Street from the RCC NB Ramps, or secure such construction to the satisfaction of the City Engineer. The development, the Port, Port tenants, or applicant, as appropriate, shall construct an between the proposed terminus of the existing F Street and the proposed E Street and Street C to a four-lane Class I Collector, or secure such construction to the - 12 - reduce Significant Impact 4.2-34 to below a level of significance Significant Impact 4.2-38 to below a level of significance Mitigation Measure exclusive westbound right-turn lane along J Street satisfaction of the City Engineer. The additional Port, Port tenants, or applicant, as appropriate right-turn lane along J Street at the intersecti Port, Port tenant, or applicant, as appropriate Driveway to Bay Boulevard as a two-lane Cl Port, Port tenants, or applicant, as appropriaPort, Port tenants, or applicant, as appropria such construction to the satisfaction of the to the satisfaction of the City Engineer. Th of project traffic. This mitigation would r 4.2-33 to below a level of significance. *Applies to Significant Impact 4.2-32. *Applies to Significant Impact 4.2-33. *Applies to Significant Impact 4.2-34. *Applies to Significant Impact 4.2-38. of significance. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 784 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Port, Port Tenant, Port, Port Tenant, Responsible Party and -Prior to First -Prior to First Certificate of Certificate of Certificate of C or Applicant or Applicant Occupancy Occupancy Occupancy M ifies these improvements in a cumulative III collector street, which shall also contain a Class II bike lane on both sides of the street. roadway capacity would facilitate the flow extension, ending at the SP-3 Chula Vista Nature Center parking lot, as a two-lane Class ent of E Street would facilitate the flow of Port, Port tenant, or applicant, as appropriate, shall widen E Street between F Street and mitigation would reduce Significant Impact 4.2-42 Improvements associated with these secondary impacts would be required as a result of te, shall widen H Street between I-5 Ramps ll, of which the Proposed Project would be a MM 4.2-26 Prior to the issuance of certificates of occupancy for any development in Phase IV, the MM 4.2-27 Prior to the issuance of certificates of occupancy for any development in Phase IV, the This mitigation would reduce Significant Impact 4.2-39 to below a level of significance. ons according to the impact. Therefore, the fair share contribution and would not be solely responsible for implementation of necessary secondary impact improvements. reet to F Street. This mitigation would ts would create secondary traffic impacts. t. The additional roadway capacity would site traffic improvements described in this Bay Boulevard to a four-lane Class I Collector, or secure such construction to the 41 to below a level of significance. - 13 - Mitigation Measure *Applies to Significant Impacts 4.2-40 and 4.2-41. component. The Western Chula Vista TDIF ident satisfaction of the City Engineer. The additional of project traffic. Also, the widening of this segm project traffic on Bay Boulevard between E St Proposed Project would be responsible for a Port, Port tenant, or applicant, as appropria reduce Significant Impacts 4.2-40 and 4.2- cumulative and growth-related traffic overa context and attributes fair share contributi mitigation measure for direct traffic impac and Broadway to a 6-lane Gateway Stree to below a level of significance. The off- facilitate the flow of project traffic. This *Applies to Significant Impact 4.2-39. *Applies to Significant Impact 4.2-42. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 785 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA Port M ITIGATION V HULA Mitigation Timing Project Developer Port, Port Tenant, Port, Port Tenant, Port, Port Tenant, Responsible Party and Development -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of C or Applicant or Applicant or Applicant Occupancy Occupancy Occupancy M Coastal Permit l protect open views down the H Street Corridor by ensuring te, shall construct an eastbound through lane , shall construct a dual southbound left-turn rsection of J Street and Bay Boulevard, or , structures, or major landscaping. Visual lane along Street A, or secure such construction to the satisfaction of the City Engineer. on to the satisfaction of the City Engineer. and an exclusive eastbound right-turn lane along E Street at the intersection of E Street that an approximate 100-foot ROW width (curbÎcurb, building setbacks, and pedestrian landscaping. Trees should also be considered to help frame the views and they should te, shall construct an exclusive southbound MM 4.2-28 Prior to the issuance of certificates of occupancy for any development in Phase IV, the MM 4.2-29 Prior to the issuance of certificates of occupancy for any development in Phase IV, the MM 4.2-30 Prior to the issuance of certificates of occupancy for any development in Phase IV, the reduce visibility by more than 10 percent. Placement of trees should take into account tion of the City Engineer. This mitigation tion of the City Engineer. This mitigation masses; however, trees should be spaced in order to ensure "windows" through the buildings fronting on H Street shall be designed to step away from the street. More secure such construction to the satisfaction of the City Engineer. The lane shall be elements above 6 feet in height shall be prohibited in this zone if the feature would As a condition for issuance of Coastal Development Permits, potential view blockage. This mitigation should not be interpreted to not allow tree constructed to the satisfaction of the City Engineer. This mitigation would reduce - 14 - would reduce Significant Impact 4.2-43 to below a level of significance. would reduce Significant Impact 4.2-45 to below a level of significance. Significant Impact 4.2-44 to below a level of significance. Mitigation Measure plaza/walkway zone) remains clear of buildings and Bay Boulevard, or secure such constructi right-turn lane along Bay Boulevard at the inte The lanes shall be constructed to the satisfac Port, Port tenant, or applicant, as appropriate The lane shall be constructed to the satisfac Port, Port tenant, or applicant, as appropriaPort, Port tenant, or applicant, as appropria *Applies to Significant Impact 4.2-43. *Applies to Significant Impact 4.2-44. *Applies to Significant Impact 4.2-45. specifically, design plans shal A. View Protection: Packet Number May 2010 MM 4.4-1 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 786 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with qualified Coordination Monitoring Biologist or Landscape Agency Architect Port in B ISTA Port City M ITIGATION V HULA Mitigation Timing Approval of Phase Project Developer Project Developer Review Approval -Prior to Design Responsible Party and -Prior to Final Development -Prior to First Port and City C M I Design Coastal Permit These plans shall be implemented for the large project components to diminish imposing ributed building massing, horizontal banding, projects (greater than two stories in height) shall incorporate standard design techniques ies in height) shall incorporate standard design such as articulated facades, distributed building massing, horizontal banding, and varied stepping back of buildings, and varied color schemes to separate the building base from within the Port's jurisdiction, the project developer shall ensure that design plans for any smaller scale massing implemented. These plans shall be implemented for large project color schemes to separate the building base from its upper elevation and color changes frastructure design plans, the Port building edges, monotonous facades, and straight-edge building rooflines and profiles. buildings shall step back at appropriate review and approval by the Port. All future buildings to encroach upon view corridors, be done to the satisfaction of the Port. its upper elevation and color changes such that vertical elements are interrupted and and that future developers/tenants, as development proposals shall conform to Port design guidelines and standards to the components to diminish imposing building edges, monotonous facades, and straight- such that vertical elements are interrupted and smaller scale massing implemented. trians and vehicles, underneath the tree landscaping plan for the project's public Prior to issuance of Coastal Development Permits for projects intervals or be angled to open up a broader view corridor at the ground plane to the Prior to design review approval for properties within the City's ure that design plans for any large scale This shall be done to the satisfaction of the City of Chula Vista Planning Director. components and improvements. The plan shall provide sufficient detail to ensure - 15 - Mitigation Measure Prior to final approval of Phase I in ng of parking areas. and to address the scale and massing impact, edge building rooflines and profiles. This shall conformance to streetscape design guidelines techniques such as articulated facades, dist be pruned to increase the views from pedes canopy. In order to reduce the potential for and City shall collectively develop a master extent feasible. All plans shall be subject to jurisdiction, the project developer shall ens large scale projects (greater than two stor applicable, provide screeni satisfaction of the Port. B. Height and Bulk: C. Height and Bulk: D. Landscaping: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 787 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Port and City Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing Project Developer -Prior to TM/SDP Responsible Building Permit Party and -Prior to First C Occupancy Applicant Applicant M Approval -Prior to Concurrent with development of Parcels H-13 and H-14, the applicant ial uses and parking areas until such time Phase I infrastructure design plans residential development, the project developer shall submit a landscaping design plan for all be drought tolerant or low-water use, with the Port's Director of Planning. The Prior to approval of a tentative map or site development plan for future developed to enhance Marina Parkway, a designated scenic roadway and shall provide, given location. For instance, vegetation planted adjacent to open water/shoreline areas J Street Gateway plan shall be coordinated with the Gateway plan for E and H Streets. Planning and Building. The E and H Street Gateway plan shall be coordinated with the City Design Review consideration. Prior to Streetscape landscaping shall be designed to enhance the visitor experience for both Street landscaping design shall be coordinated with a qualified biologist or landscape Vista. The plan shall be implemented as a issuance of any building permits, the J Street Gateway plan shall be approved by the and other landscaping are appropriate for the for E and H Streets, a Gateway plan shall be prepared for E and H Streets. Prior to ally, detailed landscaping plans shall be on-site landscaping improvements that is in conformance to design guidelines and the Port's jurisdiction in Phase I, the E and H Street Gateway plan shall be approved by the Port and City's Directors of - 16 - 4.4-4, 4.4-5, 4.4-7, and 4.4-8. Mitigation Measure Concurrent with the preparation of Director of Planning and Building in coordination must not provide raptor perches. Landscaping sh where appropriate, screening of existing industr and invasive plant species shall be prohibited. issuance of occupancy for any projects within shall submit a Gateway plan for J Street for standards established by the City of Chula pedestrians and those in vehicles. Specific architect to ensure that proposed trees *Applies to Significant Impacts 4.4-3, as these facilities are redeveloped. condition of project approval. Gateway plan for J Street. : : : Gateway Plan Gateway Plan Landscaping G. E. F. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 788 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Review Approval -Prior to Design Responsible Party and C Applicant M All event lighting shall be directed downward and shielded, unless directed downward lighting locations and other intensely lighted areas shall be submitted to the Port and City or other window coverings that may be closed to minimize the effects of interior night Exterior lighting shall be limited to that which is necessary and appropriate to ensure general public safety and navigation, including signage for building identification and shall identify the lighting intensity needs and design light fixtures to direct light toward intended uses. Outdoor and parking lot lighting ard and shielded to prevent upward lighting Office space, residential unit and hotel rooms shall be equipped with blinds, drapes or shielded to minimize light spill beyond the area for which illumination is required. minimum intensity, maximum off-phased (3 second between flashes) white strobes consistent with public safety. Consideration shall be given to the use of low-pressure acent properties, wherever feasible and Reflective glass or the application of reflective coatings shall not be used on any ng design plans with specifications for outdoor sodium lighting or the equivalent. The lighting plan shall illustrate the location of the proposed lighting standards and type of shielding measures. The lighting plan shall reasons (FAA 2000 Advisory Circular), Office space, residential units, and hotel rooms shall be equipped with motion and to minimize light spill beyond the area for which illumination is required. uding, but not limited to, the following: sensors, timers, or other lighting control systems to ensure that lighting is - 17 - Mitigation Measure extinguished when the space in unoccupied. shall be shielded and directed away from adj for review and approval. The specifications Exterior lighting shall be directed downw Where lighting must be used for safety incorporate specific design features incl MM 4.4-2 Prior to design review approval, lighti shall be used. glass surface. orientation. lighting. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 789 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port/City P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Monitoring Agency RWQCB RWQCB B ISTA M ITIGATION V HULA Mitigation Timing Project Developer Project Applicant/ Plan/Condition of Tentative Design Approval of Final Responsible Grading Permit Grading Permit Party and -Prior to First -Prior to First -Condition of Construction groundwater C Approval for Developer discharge Applicant Applicant M -Prior to Map frequent servicing, to prevent litter from being wind blown off-site to the satisfaction of the Parcel, the applicant shall submit a Spill Prevention/Contingency Plan for approval by the trash control measures that include animal- other pollutants exist on site, a pretreatment system shall be installed to pre-treat the water hall be handled, stored, used, and disposed ater for all construction activities, should of in accordance with NPDES permitting requirements and applicable federal, state, ation as required by the Occupational flammables, corrosives, hazardous wastes, poisonous substances, greases and oils, and Ensure that hazardous or potentially hazardous materials (e.g., cement, lubricants, Final Map for projects within the City's the construction and operation of any Prior to the issuance of a grading permit, the applicant shall notify the RWQCB of expense) in accordance with NPDES solvents, fuels, other refined petroleum hydrocarbon products, wash water, raw eloper shall treat and/or dispose of the proof, covered, and self-closing trash containers and trash control enclosures, with MM 4.5-3 Prior to the issuance of a grading, excavation, dredge/fill, or building permit for any can be discharged into the sewer system. Design Plan for projects within the Port's during construction. If contaminated aining a permit from the Industrial - 18 - Port/City as appropriate pursuant to their water quality technical reports. Wastewater Control Program to the satisfaction of the RWQCB. Mitigation Measure Require 40 hours of worker training and educ Prior to the discharge of contaminated groundw sewage) that are used or generated during jurisdiction and a condition of the approval of a jurisdiction, the project applicant shall include contaminated groundwater (at the developer's project as part of the Proposed Project s groundwater is encountered, the project dev permitting requirements, which includes obt Port or City as appropriate. The plan shall: dewatering of contaminated groundwater to the satisfaction of the RWQCB before it Include material safety data sheets MM 4.5-1 As a condition of approval of a Tenant Safety and Health Administration *Applies to Significant Impact 4.5-1. *Applies to Significant Impact 4.5-2. and local policies A. B. Packet Number May 2010 MM 4.5-2 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 790 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT RWQCB and USACE and Monitoring Agency RWQCB Port/City B ISTA M ITIGATION V HULA Mitigation Timing USACE Permit for Responsible Grading Permit Party and -Prior to First -Prior to First C Developer dredge/fill Applicant M other tracking information in an up-to-date ll be required. However, if contaminants are outside the immediate project area. Once the red to provide to the RWQCB and Port/City with weights (i.e., a chain) and anchored work plan to remediate bay sediments in accordance with permitting requirements of the contaminant dredge and/or fill operations in the Bay or determine the amount of bay sediment that requires remediation and develop a specific Prior to issuance of a grading permit for marina redevelopment on HW-1 and HW-4, allowing it to drain, and analyzing the nature and extent of any contamination. Pending Minimize the volume of hazardous or potentially hazardous materials stored at the a silt curtain should be necessary, the silt requires the implementation of BMPs, including the use of silt curtains during in-water the developer shall submit a work plan for approval by the RWQCB and Port/City that bances and confine potentially contaminated Chula Vista Harbor, the applicant shall conduct a focused sediment investigation and submit it to USACE and RWQCB for review and approval. The applicant shall then Demonstrate that all local, state, and federal regulations regarding hazardous to the top with a floating chain of buoys. The curtain shall wrap around the area of RWQCB. The work plan shall include but not be limited to dredging the sediment, impacted region resettles the curtains shall be removed. If the sediment would be the outcome of the analytical results, a decision by RWQCB shall prescribe the an evaluation showing that the sediment would be suitable for ocean disposal. - 19 - th adequate spill materials and emergency response have been or will be complied with. and accessible form or location for review by the Port or City for compatible materials, wirequirements for disposition of any contaminated sediment. Mitigation Measure curtain shall be anchored along the ocean floor Maintain all required records, manifest and Prior to issuance of a permit by USACE for actually present, the applicant would be requi suitable for ocean disposal, no silt curtain sha sediment if contaminated sediment exists. If disturbance to prevent turbidity for traveling construction to minimize sediment distur *Applies to Significant Impact 4.5-3. *Applies to Significant Impact 4.5-4 Provide secured storage areas site at any one time A.B. Packet Number May 2010 MM 4.5-4 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 791 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING RWQCB Port P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Project Developer -Prior to In-Water Program Master Responsible Party and Developments -Conditions of Construction C Approval for Port or Port M Tenants Plan Install energy-efficient heating and cooling systems, appliances and equipment, and Install efficient lighting and lighting control systems. Use daylight as an integral part ory requirements including the use of BMPs, Use solar heating, automatic covers, and efficient pumps and motors for pools and construction for all phases of development, the conditioning. Educate consumers about Design buildings to be energy efficient. Site buildings to take advantage of shade, es to reduce GHG emissions. Specific s of the Chula Vista Bayfront Master Plan Install light colored "cool" roofs, cool pavements, and strategically placed shade Install solar and wind power systems, solar and tankless hot water heaters, and affic, street, and other outdoor lighting. Provide information on energy management services for large energy users. during all sediment suspension activities. - 20 - prevailing winds, landscaping, and sun screens to reduce energy use. Use combined heat and power in appropriate applications. Install solar panels on carports and over parking areas. measures may include, but are not limited to the following: Mitigation Measure Limit the hours of operation for outdoor lighting. energy-efficient heating ventilation and air (Phases I through IV) shall implement measur Provide education on energy efficiency. Install light emitting diodes (LEDs) for tr Port or Port tenants shall adhere to regulat MM 4.6-6 Development of Program-level component MM 4.5-5 Prior to the commencement of in-water which shall include use of silt curtains of lighting systems in buildings. *Applies to Significant Impact 4.5-5 Renewable Energy existing incentives. control systems. Energy Efficiency trees. spas. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 792 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M example, install dual plumbing in all new development allowing gray water to be used location. The strategy may include many of the specific items listed above, plus other Provide education and publicity about reducing waste and available recycling services. strategy appropriate for the project and Provide education about water conservation and available programs and incentives. character of the site to manage stormwater and protect the environment. (Retaining Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated Design buildings to be water efficient. Install water-efficient fixtures and appliances. Implement low-impact development practices that maintain the existing hydrologic Install water-efficient irrigation systems and devices, such as soil moistureÎbased showers, bathroom wash basins, and water from clothes washing machines.) For Reuse and recycle construction and demolition waste (including but not limited to astructure to deliver and use reclaimed gation in new developments and on public Provide interior and exterior storage areas for recyclables and green waste and Use gray water. (Gray water is untreated household wastewater from bathtubs, cally reduce the need for energy-intensive - 21 - Restrict the use of water for cleaning outdoor surfaces and vehicles. innovative measures that are appropriate to the specific project. soil, vegetation, concrete, lumber, metal, and cardboard). adequate recycling containers located in public areas. Recover byproduct methane to generate electricity. Mitigation Measure Devise a comprehensive water conservation property where appropriate. Install the infr Water Conservation and Efficiency Use reclaimed water for landscape irri stormwater runoff on site can drasti Create water-efficient landscapes. surfaces) and control runoff. Solid Waste Measures imported water at the site.) for landscape irrigation. irrigation controls. water. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 793 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M with completion years beyond 2020 are not r developments beyond the 2020 horizon year cycle parking near building entrances to facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or emissions, the level to which they would es for equipment purchases to allow high- trucks may remain idling while at loading designating a certain percentage of parking Institute a telecommuter work program. Provide information, training, and incentives ness as usual. While the measures listed vehicles, and providing a web site or transportation-related emissions. Provide education and information about public free or low-cost monthly transit passes. tructure to encourage the use of low or igerated vehicles, including delivery and cle charging facilities and conveniently promote cyclist safety, security, and convenience. For large employers, provide applications that may be available and necessary to avoid conflict with the goals or reductions, but would demand substantially and the rapid development of better technology, the mechanism and technological designating adequate passenger loading and ained as they may be modified by any applicable standards that are adopted in the future. Furthermore, because of the Provide information on all options for individuals and businesses to reduce - 22 - including construction vehicles. Mitigation Measure For commercial projects, provide adequate bi unloading and waiting areas for ride sharing above would substantially reduce projects GHG construction vehicles. Refrigerated delivery to encourage participation. Provide incentiv The increased efficiency demands associated greater reductions than 20 percent below busi zero-emission vehicles (e.g., electric vehiProvide public transit incentives, such as Provide the necessary facilities and infras Promote ride sharing programs; e.g., by Limit idling time for commercial, non-refr Transportation and Motor Vehicles increased demand for greater reductions fo message board for coordinating rides. achieve these reductions cannot be ascert located alternative fueling stations). Use low or zero-emission vehicles, specified in terms of business as usual covered or indoor bicycle parking. spaces for ride sharing vehicles, quality teleconferences. transportation. docks. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 794 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA City City M ITIGATION V HULA Mitigation Timing Project Developer Review Approval -Prior to Design Responsible Building Permit Building Permit Party and -Prior to First -Prior to First C Developer Applicant M Leq. at any active nest within the marsh. a site plan for the project demonstrating to the satisfaction of the Director of Planning and demonstrate that the 60 dB(A) Leq. noise level is maintained at the location of any active MM 4.7-2 Prior to the approval of Design Review for the Pacifica project, the applicant shall submit 65 dB(A) CNEL. Applicants shall submit project plans demonstrating that outdoor usable at outdoor usable areas on the Pacifica that would Prior to issuance of a building permit, the project developer shall prepare and submit to strategies of AB 32 or related Executive Orders identification of adequate and effective Building of the City that outdoor use areas are not exposed to noise levels in excess of by the City of Chula Vista General Plan. on noise levels do not exceed the threshold. and t noise barriers or implement other noise site. To preserve a view, glass or Plexiglas with a minimum density of 3.5 pounds per truction materials. The barrier locations, nest within the marsh. If the noise threshold is anticipated to be exceeded at the nest t 31. Construction activity adjacent to MM 4.7-1 Construction-related noise shall be limited adjacent to the J Street Marsh during the cal analysis and nesting bird survey to Table 4.7-15 Length (ft) d Lengths For Rooftop Parapet Prior to issuance of building permits, the developer shall install noise barriers - 23 - 224 heights, and lengths for the Pacifica development, as summarized in would achieve these reductions. Height (ft) Mitigation Measure 5 TABLE 4.7-15 these sensitive areas must not exceed 60 dB(A) typical breeding season of January 15 to Augus reduce sound levels to 65 dB(A) CNEL or below residential areas conform to the standards set square foot may be substituted for other cons location, the project developer shall construc the City for review and approval an acousti control measures to ensure that constructi Barrier Locations, Heights, an measures is not feasible at this time. *Applies to Significant Impact 4.6-7. *Applies to Significant Impact 4.7-1. Barrier Location Figure 4.7-10, HD-1B: North Façade Rooftop Parapet illustrated on Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 795 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA City City M ITIGATION V HULA Mitigation Timing Review Approval Review Approval -Prior to Design -Prior to Design Responsible Building Permit Party and -Prior to First C Applicant Applicant Applicant M pment, equipment setbacks, silencers, and/or MM 4.7-4 Prior to the approval of Design Review for the Pacifica project, the applicant shall submit cumulative sound level from mechanical equipment that does not exceed 40 dB(A) at 50 Prior to the approval of Design Review for the Pacific project, the applicant shall prepare not exceed 50 dB(A) Leq. at any property line. Noise control measures may include, but rina Parkway, Street C, and J Street or 54 dB(A) Leq. noise level at the location of any active nest within the J Street Marsh. If the interior noise levels due to exterior sources are 45 dB(A) CNEL or less in any habitable ing that the proposed building plans provide Planning and Building that the noise level from operation of mechanical equipment will be designed and installed so as to achieve a oval an acoustical analysis and nesting bird survey to demonstrate that operation of mechanical equipment will not exceed the 60 a design plan for the project demonstrating to the satisfaction of the City's Director of room. The analysis must also identify Sound Transmission Loss (STL) rates of each element roadways in the Harbor District, the applicant shall perform and submit an MM 4.7-3 Prior to the issuance of building permits for residential units adjacent to circulation - 24 - 243 313 128 188 215 350 264 336 dB(A) at 50 feet from the building façades facing Street A. Mitigation Measure 6 6 5 5 5 5 5 5 *Applies to Significant Impacts 4.7-3 and 4.7-7. feet from the building façades adjacent to Ma are not limited to, the selection of quiet equi acoustical analysis to the City, demonstrat and submit to the City for review and appr acoustical louvers. Such measures must *Applies to Significant Impact 4.7-2. HD-2A: East/South Façades HD-3A: South Façade HD-4A: South Façade HD-2B: North Façade HD-1B: East Façade HD-2B: East Façade HD-3A: East Façade HD-4A: East Façade window. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 796 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Port and/or Port and/or Agency B ISTA City City M ITIGATION V HULA Mitigation Timing Building Permit or Review Approval -Prior to Design -Prior to start of -Prior to start of Responsible Party and -Prior to First Certificate of C construction construction Occupancy Developer Developer Developer Applicant M , the barrier must be of solid construction, with l submit project plans demonstrating that eet of the habitat during the extended breeding City and the Port, that outdoor use areas are not exposed to noise levels in excess of 65 high temporary noise barrier or wall along the northeast project property line and returns Prior to the issuance of building permits or certificates of occupancy, the developer shall MM 4.7-5 To avoid significant impacts to the F&G Street Marsh and reduce the construction noise outdoor usable residential areas conform to the standards set by the City of Chula Vista at the nest location, the project developer project developer and approved by the Port level to 60 dB(A) or below, the developer of Parcel H-3 shall install and place a 20-foot- Plexiglas with a minimum density of 3.5 pounds per square foot may be substituted for project demonstrating to the satisfaction of the Director of Planning and Building of the oject site. To preserve a view, glass or equipment models and locations, phasing, and operational duration, etc. are known, a no gaps or cracks through or below the wall, and must have a minimum density of 3.5 subsequent execution of actions associated pounds per square foot. The barrier must block line-of-sight between the source and MM 4.7-6 Prior to the approval of Design Review, the applicant shall submit a site plan for the ent noise control measures to maintain that would reduce sound levels to 65 dB(A) CNEL or below at Prior to the start of construction, upon selection of a contractor and once specific along the east and west property lines. This mitigation would be necessary for - 25 - and/or City to determine proper placement of the temporary noise barrier. receiver and be long enough to prevent flanking around the ends. Mitigation Measure with project construction phases, applicants shal ground-level noise sensitive receptors on the pr noise threshold is anticipated to be exceeded operational noise levels below the threshold. detailed analysis shall be conducted by the shall construct noise barriers and/or implem Figure 4.7-11 construction activity occurring within 800 f dB(A) CNEL. As part of CEQA review for *Applies to Significant Impact 4.7-4. *Applies to Significant Impact 4.7-5. season. As demonstrated on install noise barriers General Plan. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 797 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing - Prior to start of Responsible Party and C construction construction Developer Developer M -During hose originally provided by the manufacturer; ures. Stationary noise sources located less . wall, and have a minimum density of 3.5 pounds per square foot. The barrier must block or shielded, and mobile noise generating equipment and machinery shall be shut off than 200 feet from sensitive receptors shall be equipped with noise reducing engine ll install a 3-foot-high noise barrier along All construction equipment powered by gasoline or diesel engines shall have sound ed noise impacts, the following measures shall be existing infrastructure shall be shrouded ch as pumps and generators, shall be Figure 4.7-12 . to with no gaps or cracks through or below the ., pursuant to the line-of-sight between the source and receiver and be long enough to prevent flanking housings. Water tanks, equipment storage, staging, and warm-up areas shall be MM 4.7-7 To avoid significant impacts to the F & G Street Marsh and reduce the noise level at itive receptors, as practicable. Where hall be shielded from noise sensitive M shall be required to use the shortest . possible route to and from I-5, provided the route does not expose additional P ited Monday through Friday from 10:00 - 26 - the east right-of-way of E Street for the extent of the habitat, as shown on no equipment shall be permitted to have an unmuffled exhaust. M Chula Vista Municipal Code Section 17.24.050 (Paragraph J). . A . to 8:00 located as far from noise sensitive receptors as possible. Mitigation Measure M . P ., and Saturday and Sunday from 10:00 All stationary noise generating equipment, su Any impact tools used during demolition of habitat to 60 dB(A) or below, the developer sha located as far as possible from noise sens practicable, noise-generating equipment s receptors by attenuating barriers or struct Construction vehicles accessing the site control devices at least as effective as t The barrier must be of solid construction, Construction activity shall be prohib MM 4.7-8 To avoid significant construction-relat *Applies to Significant Impact 4.7-6. *Applies to Significant Impact 4.7-8. other construction materials. receptors to noise. when not in use. around the ends. M . followed: A 7:00 Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 798 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with USFWS Monitoring Consultation Port or City Port and/or and CDFG Agency B ISTA City in M ITIGATION V HULA Mitigation Timing -Prior to start of -Prior to start of Responsible Party and Developer(s) C construction construction Developer M duct a pre-construction survey for active other methods are unable to result in a level of noise below the threshold, construction in If noise barriers, construction activities, or al. If an active nest is found, an appropriate ed during the typical breeding season of January k shall be implemented until the young are noise barriers would be required to reduce necessary tasks with the lowest sound level and the lowest acoustic height possible er construction fencing is being maintained. s (January 15 through July 31), the project must be conducted no more than 10 calendar days prior to the start of construction, the results of which must be submitted to the Port ections of the construction site during all and submit an acoustical analysis to the 15 to August 31 adjacent to the Sweetwater Marsh NWR and F&G Street Marsh. The tion shall retain a qualified, Port- or City- USFWS and CDFG. A bio-monitor shall be present on site during initial grubbing and Leq.; thus construction activity shall not exceed this level, or ambient noise levels if higher than 60 dB(A) during the breeding ures) and, if grading or construction occurs generation. Equipment shall be kept in good repair and fitted with "manufacturer- in any areas with suitable nesting locations for raptors (such as completely independent of the nest or the nest is relocated with the approval of the setback distance will be determined in consultation with the applicant, Port or City, Construction equipment shall be selected as those capable of performing the Construction equipment shall be operated and maintained to minimize noise the breeding season or adjacent to the - 27 - these areas shall be delayed until the end of the breeding season. Mitigation Measure to perform the required construction operation. *Applies to Significant Impacts 4.7-9 and 4.7-10. approved biologist, as appropriate, who shall con the expected noise levels below the threshold. marshes, the project developer shall prepare current accepted noise threshold is 60 dB(A) during the breeding season for nesting raptordeveloper(s) within the Port's or City's jurisdicUSFWS, and CDFG. The construction setbac or City, as appropriate, for review and approv Port and/or City that shall determine whether A bio-monitor shall also perform periodic insp clearing of vegetation to ensure that perimet raptor nests. The pre-construction survey season. If construction does occur within trees, utility poles, or other suitable struct MM 4.7-9 Construction-related noise shall be limit *Applies to Significant Impact 4.7-11. recommended" mufflers. MM 4.8-1 Prior to construction Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 799 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Port or City Port or City with CDFG Agency B ISTA in in M ITIGATION V HULA Mitigation Timing -Prior to start of -Prior to start of Responsible Party and Developer(s) C construction Developer M hall retain a qualified biologist, approved breeding season for the burrowing owl (January nest is determined to no longer be active by a qualified biologist, the burrowing owl would be present on site during initial grubbing and Port immediately if clearing is done outside of Port immediately if clearing is done outside of from occupied burrows shall be implemented until the young are completely independent of the nest. If an active burrow is found outside of the breeding season, or after an active MM 4.8-3 If grading or construction occurs during the breeding season for migratory birds (January the results of which must be submitted to er construction fencing is being maintained. and approval. If an active burrow is detected onstruction survey within all suitable habitat prior to any appropriate, shall retain a qualified biologist, who shall be approved by the Port or City, during the breeding season of January 15 to July 31, construction setbacks of 300 feet ervations made during field inspections. The suitable nesting habitat for burrowing owl and, if ervations made during field inspections. The ections of the construction site during all the Port's or City's jurisdiction, as frequency of field inspections. The bio-monitor shall send a monthly monitoring letter frequency of field inspections. The bio-monitor shall send a monthly monitoring letter be passively relocated according to the guidelines provided by CDFG (1995) and in grading activities. The pre-construction survey must be conducted no more than 10 ensitive plants and wildlife are minimized. ensitive plants and wildlife are minimized. Depending on the sensitivity of the resources, the City and/or Port shall define the Depending on the sensitivity of the resources, the City and/or Port shall define the - 28 - Mitigation Measure 15 through July 31), the project developer(s) within 15 through August 31), the project developer(s) s calendar days prior to the start of construction, coordination with CDFG. A bio-monitor shall A bio-monitor shall also perform periodic insp clearing of vegetation to ensure that perimet bio-monitor shall also notify the City and/or bio-monitor shall also notify the City and/or grading or construction occurs during the report to the City and/or Port detailing obs report to the City and/or Port detailing obs the Port or City, as appropriate, for review major grading to ensure that impacts to s major grading to ensure that impacts to s MM 4.8-2 Prior to construction in any areas with *Applies to Significant Impact 4.8-2. *Applies to Significant Impact 4.8-1. respectively, to conduct a pre-c the permitted project footprint. the permitted project footprint. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 800 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with qualified with USFWS Monitoring Consultation coordination Port or City and CDFG Agency biological monitor B ISTA in M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Party and C construction construction Developer M on survey must be conducted no more than 10 epending on the sensitivity of the resources, light-footed clapper rail, and, regardless of the time of year, the project developer(s) shall shall be present during removal of southern coastal salt marsh vegetation within the inlet retain a qualified biologist who shall be approved by the Port or City, as appropriate, and the results of which must be submitted to ing of vegetation to ensure that perimeter on the sensitivity of the resources, the City and/or Port shall define the frequency of field e plants and wildlife are minimized. Depending the City and/or Port shall define the frequency of field inspections. The bio-monitor shall , to conduct a pre-construction survey for and approval. If active nests are present, the and Wildlife Service prior to impacting any field inspections. The bio-monitor shall monitor shall also perform periodic inspections of the construction site during all major also notify the City and/or Port immediately if clearing is done outside of the permitted area of construction. A bio-monitor shall be completely independent of the nest or relocated with the approval of the USFWS and MM 4.8-4 Prior to construction or grading in any areas of suitable nesting or foraging habitat for ll major grading to ensure that impacts to onthly monitoring letter report to the City send a monthly monitoring letter report to the City and/or Port detailing observations here are no direct impacts to foraging light- the permitted project footprint. The project rail is encountered, construction will be CDFG. A bio-monitor shall be present on site during initial grubbing and clearing of made during field inspections. The bio-monitor shall also notify the City and/or Port determine the appropriate construction vegetation to ensure that perimeter construction fencing is being maintained. A bio- A bio-monitor shall also perform periodic setback distance. Construction setbacks shall be implemented until the young are - 29 - Mitigation Measure and/or Port detailing observations made during present on site during initial grubbing and clear calendar days prior to the start of construction, by the Port/City (depending on the jurisdiction) footed clapper rails. If a light-footed clapper sensitive plants and wildlife are minimized. D developer(s) shall consult with the U.S. Fish inspections of the construction site during a the Port or City, as appropriate, for review nesting migratory birds. The pre-constructiPort will consult with USFWS and CDFG to temporarily halted until the bird leaves the inspections. The bio-monitor shall send a m to the F & G Street Marsh to ensure that t construction fencing is being maintained. immediately if clearing is done outside of grading to ensure that impacts to sensitiv *Applies to Significant Impact 4.8-3. project footprint. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 801 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Port or City Port or City Agency B ISTA M ITIGATION V HULA Mitigation Timing Review Approval -Prior to Design -Prior to start of Responsible Grading Permit Party and - Prior to First Grubbing, or C construction Developer Developer Applicant Clearing, M to the City's MSCP Preserve buffer zones, level is maintained at the location of any active nest within the marsh. If noise attenuation the J Street Marsh during the general avian breeding season of January 15 to August 31. MM 4.8-5 Prior to issuance of any clearing and grubbing or grading permits within the jurisdiction of ster landscape plan and incorporated into all measures or modifications to construction activities are unable to reduce the noise level demonstrate that the 60 dB(A) Leq. noise HLIT permit pursuant to Section 17.35 of the Chula Vista Municipal Code for impacts to Construction-related noise shall be limited adjacent to Wildlife Refuge, F & G Street Marsh, the mudflats west of the Sweetwater District, and on in the affected areas must cease until the Sweetwater Marsh and South San Diego Bay Units of the San Diego Bay National the end of the breeding season. Because potential construction noise levels above 60 's jurisdiction shall be required to obtain a s from those perches, the following design immediately consult with the Service to Subarea Plan. In addition, the MSCP requires additional protective measures for the from construction activities must not have been identified at the F & G Street Marsh, specific noise attenuation areas of suitable nesting or foraging habitat for light-footed clapper rail so as not to exceed 60 dB(A) Leq., or ambient noise levels if higher than 60 dB(A). The project developer(s) shall prepare and submit to the Port/City for review and approval an Covered Species and Vegetation Communities protected under the City's MSCP prevent any unauthorized take of the light-footed clapper rail. Any take must be To reduce the potential for raptors to perch within the of the EIR. - 30 - western burrowing owl, as identified in Mitigation Measure 4.8-2 above. Section 4.7 Mitigation Measure measures have been identified and are addressed in building and landscape plans with a line of site During the avian breeding season, noise levels develop a noise attenuation plan or constructi authorized by U.S. Fish and Wildlife Service. below 60 dB(A), either the developer(s) must acoustical analysis and nesting bird survey to the City, the project applicant within the City criteria shall be identified in the CVBMP ma landscaping and hunt sensitive bird specie *Applies to Significant Impact 4.8-4. *Applies to Significant Impact 4.8-5. A. Construction-related noise. and on-site open space: B. Perching of raptors. eq dB(A) L Packet Number May 2010 MM 4.8-6 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 802 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT USFWS, and Monitoring Consultation Port or City Port or City Agency biological monitor, CDFG B ISTA with in M ITIGATION V HULA Mitigation Timing Responsible Building Permit Party and Development -Prior to First -Prior to First C Developer Developer M Coastal Permit If building tops are hard corners, spike strips shall be used to discourage raptors from within the Port's or City's jurisdiction and associated landscaping to determine whether raptor nests have been established on To the extent practicable, buildings on Parcels S-1 and S-4 will be oriented to reduce Development Permit, the project developer shall prepare a raptor nest management plan Port or City lands within 500 feet of the Preserves. If a nest is discovered, the nest would biologist retained by the project developer , and the Port/City, outside of the raptor shall prepare a lighting design plan, including a photometric analysis, to be reviewed by habitats, or open water, wherever feasible and consistent with public safety. Where from the habitat buffers, Preserve Areas, necessary, lighting of all developed areas adjacent to the habitat buffers, Preserve responsible for monitoring the buildings strips along any portions that would be throughout the project area is minimized Decorative eaves, ledges, or other protrusions shall be designed to discourage The top edge of buildings shall be rounded with sufficient radius to reduce the the Port or City, as appropriate. Each plan shall include the following features, as The following mitigation measure is required during all phases of Prior to the issuance of a Coastal - 31 - upon any of the habitat buffers, Preserve areas, habitats, or open water. ght to adjacent sensitive habitats. Mitigation Measure Prior to issuance of a building permit, each applicant amount of suitable perching building edges. be removed in consultation with USFWS, CDFG and approved by the Port and/or City shall be Light posts shall have anti-perching spike to be implemented once the project is built. A All exterior lighting shall be directed away development to ensure that outdoor lighting breeding season of January 15 to July 31. C. Raptor management and monitoring. raptor perches within the line of si appropriate to the specific locations: perching and building nests. accessible to raptors. perching by raptors. D. Lighting. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 803 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M No sports field lights shall be planned on the recreation fields near the J Street Marsh should be minimized throughout the project. All street and walkway lighting should be procedures will be devised to ensure appropriate long-term education and control. To To the maximum extent feasible, all external lighting will be designed to minimize any Measure 4.8-7, will be minimized, subject to applicable City and Port roadway design lots. Beacon and exterior flood lights are to habitat buffers, Preserve Areas, habitats, Sweetwater and Otay District parks and the shoreline promenade will be placed only habitat buffers, Preserve Areas, habitats, or open water and sensitive species from required by applicable law enforcement requirements. All lighting proposed for the lves shall have shielding (and incorporate um lighting or other approved equivalent. prohibited where they would impact a Wildlife Habitat Area and use of this lighting Areas, habitats, or open water shall provide adequate shielding with non-invasive the maximum extent feasible, ambient light impacts to the Sweetwater or J Street Explicit lighting requirements to minimize impacts to Wildlife Habitat Areas will be impact to Wildlife Habitat Areas, and operations and maintenance conditions and automobile light penetration in the Wildlife Habitat Areas, as defined in Mitigation devised and implemented for all Bayfront uses including commercial, residential, ng, and/or other methods to protect the acent habitat buffers, Preserve Areas, where needed for human safety. Lights will be placed on low-standing bollards, ement of the light structures shall also habitats, or open water. This includes street lights, pedestrian and bicycle path provide shielding from wildlife habitats and shall be placed in such a way as to e necessary edges bermed, to ensure necessary for security purposes. Security lighting will be strictly limited to that shielded, and flat bottomed, so the illumination is directed downward onto the In Sweetwater and Otay District parks, lighting will be limited to that which is - 32 - Mitigation Measure municipal, streets, recreational, and parking minimize the amount of light reaching adj All exterior lighting immediately adjacent or open water shall be low-pressure sodi plant materials (preferably native), bermi anti-raptor perching criteria); but the plac All roadways will be designed, and wher night lighting. The light structure themse lighting, and any recreational lighting. shielded to minimize sky glow. Marshes will be minimized. or the Sweetwater Marsh. standards. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 804 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing Review Approval -Prior to Design Responsible Party and See MM 4.5-2 through 4.5-4 C Applicant M perceived as natural light by wildlife and emits only a low-range yellow light will be minimized eco-disruptions. No night lighting for active sports facilities will be allowed. Sweetwater and Otay District parks will open and close in accordance with Port park A maximum of three (3) fireworks events can be held per year, all outside of construction noise must be controlled to noise impacts to sensitive species within the F & G Street Marsh and J Street Marsh. In and the J Street Marsh during the typical breeding season of January 15 to August 31. compliance and if the nesting colonies are monitored during the event and any impacts so they can be addressed. All shows must of July, which may be allowed if in full regulatory Section , equipment staging areas shall be centered equipment shall not exceed 60 dBA Leq. at the boundaries of the F & G Street Marsh Construction lighting will be controlled to minimize Wildlife Habitat Area impacts. comply with all applicable water quality and species protection regulations. All shows All exterior landscaping plans shall be submitted to the Port or City, as Noise levels from loading and unloading areas; rooftop heating, away from the edges of the project, and construction equipment shall be maintained e that no plants listed on the California shall be implemented in order to reduce potential indirect construction- s; and other noise-generating operational must be consistent with policies, goals, and objectives in the Natural Resource Mitigation Measure 4.8-6, and the measures outlined in - 33 - Management Plan (NRMP), described in Mitigation Measure 4.8-7. Mitigation Measure used since yellow monochromatic light is not walkway and does not scatter. Lighting that regularly and muffled appropriately. In addition, appropriate, for review and approval to ensur reported to the Wildlife Advisory Committee minimize impacts to Wildlife Habitat Areas. order to further reduce construction noise Laser light shows will be prohibited. ventilation, and air conditioning facilitie th Least Tern nesting season except 4 Construction Noise. Operational Noise. regulations. F. Invasives. Fireworks. 4.7, Noise, E. Noise. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 805 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with USFWS Monitoring Consultation Port/City in and CDFG Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M Port/City t the developer's expense) in accordance Invasive Plan Council (Cal-IPC) List of Exotic Pest Plants of Greatest Ecological Concern sive plant species that establishes itself acent to ecological buffers and/or the MSCP Preserve shall include native plants that are compatible with native vegetation Database, Appendix N of the City's MSCP Subarea Plan, or any related updates shall be Implementation of general water quality measures If contaminated groundwater is encountered, the project developer shall treat and/or ansitional zones of Parcel SP-1 adjacent to e where they will provide breeding of within the Proposed Project area will be removed immediately to the maximum extent would reduce impacts associated with the release of toxins, 7 of this Final EIR), the California Invasive Plant Inventory mitigation measures are repeated below and Non-native plants will be prohibited adjacent to Wildlife Habitat Areas and will be feasible and in a manner adequate to prevent further distribution into Wildlife Habitat is significant, and would provide benefits to National Wildlife Refuge, J Street Marsh, or SP-2 areas where there is no Buffer elements that might degrade or harm the No trees will be planted in the No Touch Buffer Areas or directly adjacent to a used in No Touch Buffer Areas, habitat in Section 4.5, - 34 - The following landscape guidelines will apply to the Proposed Project area: located within the ecological buffers and/or MSCP Preserve. outlined in Mitigation Measures 4.5-2 through 4.5-4, identified Mitigation Measure Landscaping plans for development projects adj strongly discouraged and minimized elsewher used in the Proposed Project area. Any such inva dispose of the contaminated groundwater (a restoration areas, or in the limited and tr chemicals, petroleum products, and other Only designated native plants will be natural environment to below a level that wetland habitats. As a reference, these G. Toxic Substances and Drainage. apply to the Port and City: undesired scavengers. Appendix 4.8- Wildlife Habitat Areas. Hydrology/Water Quality, in California ( Area. Areas. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 806 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M he satisfaction of the RWQCB. The project parcel, the applicant shall submit a Spill Prevention/Contingency Plan for approval by Prior to issuance of a permit by USACE for dredge and/or fill operations in the Bay or Chula Vista Harbor, the applicant shall conduct a focused sediment investigation and Proposed Project shall be handled, stored, and other tracking information in an up-to- then determine the amount of bay sediment that requires remediation and develop a submit it to USACE, EPA, and RWQCB for review and approval. The applicant shall and oils, and other pollutants exist on site, a pre-treatment system shall be installed lubricants, solvents, fuels, other refined petroleum hydrocarbon products, wash wastes, poisonous substances, greases to pre-treat the water to the satisfaction of the RWQCB before it can be discharged used, and disposed of in accordance with NPDES permitting requirements and Prior to the issuance of a grading, excavation, dredge/fill, or building permit for any Demonstrate compliance with all local, state, and federal regulations regarding Minimize the volume of hazardous or potentially hazardous materials stored at h includes obtaining a permit from the oundwater for all construction activities, Provide secured storage areas for compatible materials, with adequate spill water, raw sewage) that are used or generated during the construction and of all permit requirements prior to sediments in accordance with permitting Ensure that hazardous or potentially hazardous materials (e.g., cement, Require 40 hours of worker training and education as required by the - 35 - date and accessible form or location for review by the Port or City hazardous materials and emergency response. Mitigation Measure Occupational Safety and Health Administration applicable federal, state, and local policies the Port or City as appropriate. The plan shall: developer(s) shall demonstrate satisfaction Maintain all required records, manifest Industrial Wastewater Control Program to t with NPDES permitting requirements, whicoperation of any project as part of the should flammables, corrosives, hazardous Prior to the discharge of contaminated gr Include material safety data sheets specific work plan to remediate bay issuance of a grading permit. the site at any one time into the sewer system. contaminant ooooooo Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 807 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M include an assessment of stream bed scouring and habitat degradation, sediment Vegetation-based storm water treatment facilities, such as natural berms, swales, shall be removed. If the sediment would be suitable for ocean disposal, no silt curtain HW-1 and HW-4, the developer shall submit a work plan for approval by the RWQCB s are actually present, the applicant would nimize sediment disturbances and confine outside the immediate project area. Once the impacted region resettles, the curtains the natural treatment of runoff, cattails, bulrush, mulefat, willow, and the like are Provisions for access for non-destructive maintenance and removal of litter and unoff into Wildlife Habitat Areas must the Port shall prescribe the appropriate method for disposition of any contaminated excess sediment will be integrated into these facilities. In areas that provide for curtain shall wrap around the area of disturbance to prevent turbidity from traveling allowing it to drain. Pending the outcome of the analytical results, the RWQCB and be required to provide to the RWQCB and Port/City an evaluation showing that the designed using native plant species and serve dual functions as habitat areas. dredging the sediment, analyzing the nature and extent of any contamination, and nated sediment exists. If a silt curtain and detention areas are appropriate uses for Buffer Areas so long as they are ent unwanted ecotype conversion or should be necessary, the silt curtain shall be anchored along the ocean floor with weights (i.e., a chain) and anchored to the top with a floating chain of buoys. The conversion will be developed and implemented, if necessary. Monitoring will and Port/City that requires the implementation of BMPs, including the use of silt The use of persistent pesticides or fertilizers in landscaping that drains into requirements of the RWQCB. The work plan shall include but not be limited to: accumulation, shoreline erosion and stream bed widening, loss of aquatic weed invasion. A plan to address the occurrence of any erosion or type t for marina redevelopment on Parcels - 36 - Mitigation Measure sediment would be suitable for ocean disposal. In addition, the following measures will apply: Storm water and non-point source urban r be monitored and managed so as to prev potentially contaminated sediment if contami shall be required. However, if contaminant curtains during in-water construction to mi species, and decreased base flow. Prior to issuance of a grading permi permissible. sediment. ooo Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 808 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M Wildlife Habitat Areas is prohibited. Integrated Pest Management must be used in provides a breakdown of the available maximum mitigation depicts the conceptual mitigation The first 200 feet of buffer areas adjacent to sensitive habitats, or full width in the case of designed to prevent or minimize District. The proposed restoration includes creating and restoring coastal salt marsh and Fine trash filters (as approved by the agency having jurisdiction over the storm drain) provides more specific detail will be installed adjacent to these sensitive areas that provide contact information for the display the cross be installed within the buffer area to prevent unauthorized access. Fencing in Parcel SP- depicts the conceptual mitigation opportunities within the Otay ent in these areas. In addition, signs 1 will be installed prior to occupancy of the first buildings constructed in Phase I. District creating riparian scrub vegetation communities. In addition, the coastal brackish marsh, areas from humans and domestic animals, a 6-foot-high vinyl-coated chain link fence will reduced buffer areas, will be maintained as a "no touch" buffer and will not contain any access. Within the western 200-foot width of Parcel SP-1, a portion of the buffer areas All buffers shall be established and maintained by the Port/City. Appropriate are required for all storm drain pipes that discharge toward Wildlife Habitat Areas. the following would prevent or minimize the impact to adjacent open space preserve signage will be provided at the boundary and within the buffer area to restrict public open space preserve areas and to provide eas and be trained in the importance of section of the buffer zones in the Sweetwater District indicated on the conceptual of the mitigation opportunities available within the buffer area included within the de habitat consistent with the native - 37 - 4.8-25 and disturbed riparian habitat, and wetland would be enhanced. all outdoor, public, buffer, habitat, and park areas. Figures 4.8-24 Appendix 4.8-8 Mitigation Measure Figure 4.8-23 In addition to site-specific measures preventing human and domestic animal encroachm opportunities within the Sweetwater District. would be re-contoured and restored to provi areas from humans and domestic animals. mitigation opportunities for project impacts. the impact to adjacent open space preserve acreage that is available within the buffer. enforcement personnel will patrol these ar trails or overlooks. Fencing, consisting of vegetation communities in the adjacent Table 4.8-5 Figure 4.8-26 H. Public Access. Proposed Project. illustration. Buffers: o Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 809 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M This would exceed the required mitigation thin this buffer. There is the potential to provide a maximum of 20.71 acres of mitigation credit for impacts to wetland habitats Credits Sweetwater 17.73 17.73 25.00 20.71 22.21 22.21 Total Sweetwater 4.87 5.97 Sweetwater 3.03 1.52 F & G Street Marsh 5.02 5.02 Otay 1.99 1.99 Otay 4.54 4.54 3.40 1.70 Otay 1.99 1.99 1.07 F & G Street Marsh 2.49 2.49 A detailed coastal sage scrub (CSS) and maritime succulent scrub (MSS) restoration City, as appropriate. The City or Port anted shall be prepared by a Port- or City- Impacts to disturbed coastal sage scrub would be mitigated by the restoration of a Credits are based on an assumption that habitat creation and restoration will receive a 1:1 r Proposed Impacts to Vegetation shall develop guidelines for restoration in consultation with USFWS and CDFG. for Chula Vista Bayfront (acres) - 38 - Enhanc 2.14 8.57 4.29 ed 00 Restore 22.21 22.21 5.02 5.02 mitigation credit and enhancement will receive a 0.5:1 mitigation credit. d within the sensitive areas. needed for impacts within the Port's and City's jurisdiction. Created Mitigation Measure 11.40 11.40 Wetland Sweetwater 00 coastal sage scrub/native grassland habitat also wi TABLE 4.8-5 Potential Mitigation Acreage Available fo and 22.21 acres for impacts to upland habitats. approved biologist and approved by the Port or Communities and Land Cover Types District/Area plan that describes the vegetation to be pl Coastal brackish marsh Sweetwater Harbor Police to report trespassing TOTAL WETLAND ACREAGE 1 TOTAL UPLAND ACREAGE TOTAL WETLAND CREDITS 1 TOTAL UPLAND CREDITS CSS/Native Grassland Habitat Coastal salt marsh Coastal salt marsh Restoration Riparian 1 Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 810 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M successful. The restoration plan shall address monitoring requirements and specify when approval to ensure areas designated as sensitive habitat are not impacted. Fencing shall grading within the western portion of the canopy cover, percent of plant survival, and ction process; shall propose site preparation ecological buffer. In addition, the applicant must retain a qualified biologist to monitor the shall entail. Qualitative and quantitative around sensitive biological resources on the from the date the report is submitted. installation and ongoing maintenance of this temporary fencing adjacent to all sensitive for implementing the proposed mitigation Prior to issuance of any clearing and grubbing or grading permits, he Proposed Project. Silt fencing shall also be eria are met and approved by the City or assessments of the site conditions are expected. If the mitigation standards have not wing installation to ensure each area is been met in a particular year, contingency measures shall be identified in the annual Prior to approval of landscape plans, a conceptual site plan or ccess criteria for each mitigation site. installation and maintenance of the fencing shall be verified by the Port's or City's fencing plan shall be submitted to the Port or City, as appropriate, for review and ver. A minimum 5-year maintenance and habitat. This fencing shall be shown on both grading and landscape plans, and techniques, planting palettes, implementation procedures, and monitoring and - 39 - be provided within the buffer area only, and not in sensitive habitat areas. ory agencies, as may be required. Mitigation Measure report and remediation will occur within 3 months installed along the edge of the SDBNWR during annual reports are to be prepared and what they maintenance practices; and shall establish suTypical success criteria may include percent monitoring period would be implemented follo The project developer(s) shall be responsible measures and ensuring that the success crit temporary orange fencing shall be installed The restoration plan shall detail the site sele project site that will not be impacted by t percent of native/non-native canopy coPort, as appropriate, and other regulat Mitigation Monitor, as appropriate. . Strategic Fencing. . Permanent Fencing Temporary Fencing Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 811 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M sures that, if stray trash falls to the ground Water areas must be managed with enforceable boating restrictions. The Port will enter into a cooperative agreement with ensure monitoring and enforcement of channel in the Sweetwater District during the fall and spring migration and during All rentals of jet-skis and other motorized personal watercraft (PWCs), as defined 651(s) will be prohibited in the Proposed A five (5) mile-per-hour speed limit will be enforced in areas other than the No boating will be allowed in vicinity of the J Street Marsh or east of the navigation adjacent to the marsh on the Sweetwater District property, mandatory leash laws shall be Use of PWCs will be prohibited in Wildlife Habitat Areas, subject to applicable law. lids, to discourage scavenger animals from All boating, human and pet intrusion must be kept away from F & G shall be placed along all walking and bike paths, and shop walkways. These trash cans shall have large dumpsters in a courtyard In all areas of the Chula Vista Bayfront, especially on the foot path Throughout the Proposed Project site, easily accessible trash cans and recycling bins ted indicating human and domestic animal no-boating zones and speed limit restrictions to prevent wildlife disturbances. be emptied daily or more often if required construction meetings will take place with all personnel involved with the project, to ohibited within the Preserve areas. Pursuant to permitting requirements of the Resource Agencies, pre- - 40 - during collection, it does not blow into the Bay or marshes. he designated Preserve areas. include training about the sensitive resources in the area. the winter season when flocks of bird are present. Mitigation Measure the Resource Agencies and Coast Guard to in Harbors and Navigations Code Section exercise diligent and good faith efforts to or carport that is bermed and enclosed. This en Illegal dumping and littering shall be pr during high use periods. Buildings and stores shall be "animal-proof" and have self-closing enforced. Appropriate signage shall be pos foraging in the cans. The trash cans shall Street channel mouth and marsh. access is prohibited within t I. Boating Impacts. Domestic Animals. Project area. Training. Trash. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 812 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Party and C construction M Port Nothing in this mitigation measure shall preclude bona fide research, law i. All National Wildlife refuge lands, currently designated and designated in the future, ovide additional measures to reduce further the in the South San Diego Bay and Sweetwater Marsh National Wildlife Refuge Units. e Advisory Group, and education, as follows: Management Plan (ÐNRMPÑ), good faith efforts to enter into a cooperative management purpose of imposing affirmative resource management obligations with respect to A. Natural Resources Management Plan: In recognition of the sensitivity of the natural e with the mitigation measure. The enforcement in protecting those resources, the Port, City and RDA will cause to be NRMP will be designed to achieve the Management Objectives (defined below) for 4.8-6. This additional measure provides for Designations of Wetlands, Estuary, and Habitat Replacement as depicted in the already addressed in and reduced to below a iate agency or organization, restoration ii. All Port designated lands and open water areas in the Conservation Land Use management plan, reviewed and amended as necessary by the Port and City in National Wildlife Refuge lands are included in the definition of Wildlife Habitat Areas for the sole purpose of addressing adjacency impacts and not for the the creation, implementation, funding, and enforcement of a Natural Resources resources and the importance of protection, restoration, management and Section 4.8-7D of this measure. the Wildlife Habitat Areas (defined below). The NRMP will be an adaptive - 41 - iii. Parcels 1g and 2a from the CityÓs Bayfront Specific Plan. the areas within the National Wildlife Refuge lands. Mitigation Measure prepared an NRMP to be prepared in accordanc *Applies to Significant Impacts 4.8-6 and 4.8-7. Draft Precise Plan for Planning District 7. enforcement, or emergency activities. agreement with the USFWS or other appropr compliance with the process described in priorities, the creation of a South Bay Wildlif level of significance by Mitigation Measure a. ÐWildlife Habitat AreasÑ are defined as: MM 4.8-7 Mitigation Measure 4.8-7 is intended to pr indirect impacts to biological resources navigation channels. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 813 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M Agencies of the PortÓs CityÓs and Resource the potential changes in functionality of Wildlife Habitat Areas due to rising sea levels, Project area that would adversely impact Sweetwater and Otay Districts will be adaptively managed to provide additional or degrade water quality in San Diego Bay or watershed areas or impair efforts of implementation until project-related revenues are identified and impacts initiated. b. NRMP Management Objectives for Wildlife Habitat Areas: Taking into consideration all Bayfront habitats serving as avifauna transitional habitat during periods of acreage as well as ecosystem structure, v. Maintenance and improvement of water quality where possible and coordination iii. Designate ÐNo TouchÑ Buffer Areas as that term is defined and described in this achieving Management Objectives as they related to the Buffer Areas and Wildlife 3. Upland natural resources for their inherent ecological values, as well as their c. Implementation of NRMP Management Objectives: NRMP will include a plan for AgenciesÓ respective obligations with respect to the Buffer Areas and Wildlife the NRMP will promote, at a minimum, the following objectives (ÐManagement roles as buffers to more sensitive adjacent wetlands. Upland areas in the i. Ensure the Port, City and RDA are not required to expend funds for NRMP - 42 - i. Long term protection, conservation, monitoring, and enhancement of: iii. Protection of nesting, foraging, and rafting wildlife from disturbance. iv. The Wildlife Habitat Areas are depicted on Exhibit 1 to the MMRP. Habitat Areas (ÐWHAÓsÑ) and the Proposed Project area, which will: v. No Touch Buffer areas as depicted on Exhibit 2 to the MMRP. with other entities charged with watershed protection activities. for breeding, wintering, and migratory rest stop uses. high tide, taking into account future sea level rise. Mitigation Measure 2. Coastal sage and coastal strand vegetation. other entities for protection of the watershed. habitat or protection to create appropriate iv. Avoidance of actions within the Proposed ii. Require coordination with the Resource ObjectivesÑ) for the Wildlife Habitat Areas: ii. Preservation of the biological function of 1. Wetland habitat, with regard to gross function and value. Habitat Areas. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 814 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M that term is defined and described in this Final EIR, with the exception of existing or v. Result in the fencing of No Touch Buffer Areas including, without limitation, fencing locked access points for maintenance and other necessary functions. Installation of the fence will include land contouring install fencing or other barriers sufficient District., with the exception of Parcel S-4 which will retain the existing fencing until Final EIR. Such areas will contain contiguous fencing designed specifically to limit the J Street Marsh next to the San Diego Bay Refuge and the north side of Parcel dogs indoors or on leashes at all times. Residential developments will be required and in conjunction with the development or road improvements in the Sweetwater No Touch Buffer Areas, Limited Use Buffer Areas, and Transition Buffer Areas as h and the Sweetwater parcel tidal flats, ers regarding the rules and restrictions of any road (whether paved or not), within projects on either Parcel H-3 or H-23 ely, ÐPredatorsÑ\]) ix. Impose and enforce restrictions on all residential development to keep cats and viii. Require all dogs to be leashed in all areas of the Proposed Project at all times mum 6-foot high, black vinyl chain link the movement of domesticated, feral, and nuisance predators (e.g. dogs, cats, vi. Include additional controls and strategies restricting movement of humans and and humans between developed park and No Touch Buffer Areas and Wildlife ond the boundaries of the designated Buffer he specifications described in this Final to minimize visual impacts of the fence. The installation of such fencing in the to prevent passage of Predators and humans into sensitive adjacent habitat. Sweetwater and Harbor Districts must be completed prior to the issuance of that parcel is redeveloped and the fencing of the No Touch Buffer installed. - 43 - animals \[collectiv except in any designated and controlled off-leash areas. necessary access points for required maintenance. Mitigation Measure skunks, opossums and other small terrestrial EIR). Fence design may include appropriate Certificates of Occupancy for development to provide education to owners and/or rent necessary to protect the Sweetwater Mars Habitat Areas. The fence will be at a mini vii. Require the Recreational Vehicle Park to iv. Prohibit active recreation, construction fence or other suitable barrier (built to t Predators into sensitive areas bey regarding the keeping of pets. Areas. H-3. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 815 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M ary objective of such provisions will be to adequately d. Walkway and Path Design: Detail conditions and controls applicable to the walkways, flushed or frightened. In general, walkway containment systems to prevent access by sea gulls, rats, crows, pigeons, skunks, v. Walkways and overlooks that approach sensitive areas must be blinded, raised, or i. Year-round Predator management will be implemented for the life of the Proposed ainers, including those in park areas and paths, and overlooks near Wildlife Habitat Areas and outside of the No Touch Buffer eas that will cause or contribute to bird i. Alignment, design, and general construction plans of walkways and overlooks will opossums, raccoons, and similar animals and adequate and frequent servicing of impacts on the Wildlife Habitat Areas of over-wintering species, and other species management for all areas of the Proposed easures and restrictions. Examples of ors and shelter for skunks, opossums or Predator impacts on Wildlife Habitat Areas which will include and comply with the ii. Path routes will be sited with appropriate setbacks from Wildlife Habitat Areas. looks, light standards, roofs, balconies, Project with clearly delineated roles and responsibilities for the Port, City and e. Predator Management: The NRMP will include provisions designed to manage commercial dumpsters, to be covered and self-closing at all times, design of iv. Walkways and overlooks will be designed to minimize and eliminate, where ar foot patrols and utilize tracking of high management priority as determined by the Resource Agencies. - 44 - be developed to minimize potential impacts to Wildlife Habitat Areas. flushing will be minimized throughout the Proposed Project. techniques to find and remove domestic or feral animals. Mitigation Measure iii. Paths running parallel to shore or marsh ar and overlook designs will minimize visual Project by identifying clear management m the foregoing include design of trash cont otherwise screened so that birds are not ii. Predator management will include regul possible, perching opportunities for raptprotect terns, rails, plovers, shorebirds, iii. Address Predator attraction and trash iv. All buildings, signage, walkways, over Areas in accordance with the following: Resources Agencies. The prim people on the walkways. trash receptacles. other Predators. following: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 816 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M storm water, landscape design, light and noise and objectives ad discussed ledges, and other structures that could provide line of sight views of Wildlife Habitat then once every 5 years thereafter. If the RCC is not pursued in the first five (5) years iv. Establishment of design guidelines to address adjacency impacts, such as including but not limited to those which assign responsibility and timing for after certification of the FEIR, this schedule will be amended to ensure that NRMP is NRMP and annually thereafter for the first five (5) years after adoption, after which it consultation with the Wildlife Advisory Group, and reviewed and amended in further evaluated every year for five years after the development of the RCC. The periodic ÐPeriodic Review.Ñ A material revision of the NRMP is hereinafter called an ÐNRMP management programs and daily trash collections with public areas and ourage their use as raptor perches or condition or to accommodate relevant new information or necessary management y other year for the first 6 years, v. Establishment of baseline conditions and management objectives; and AmendmentÑ. However, nothing in this schedule will be interpreted to preclude a monitoring plan initially prepared in g. Creation, Periodic Review, and Amendment of the NRMP: The NRMP will be a practices consistent with the NRMP management objectives. Preparation of the i. All elements which address natural resource protection in the MMRP consultation with the Wildlife Advisory Group one year following adoption of the review of the NRMP described in the preceding sentences is hereinafter called iii. References to existing Port policies and practices, such as Predator speedy response or revision to the NRMP if necessary to abate an emergency implementing mitigation measures consistent with the CityÓs MSCP f. Miscellaneous Additional Requirements of the NRMP: In addition to the - 45 - ii. Pertinent sections of the MSCP Subarea Plan; vi. Habitat enhancement objectives and priorities. standards described above, the NRMP will include: Mitigation Measure increase service during special events. will be reviewed and amended as necessary ever Areas will be designed in a manner to discnatural resource adaptive management and Subarea Plan; below; nests. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 817 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M ION AND AMENDMENT. The NRMP and any material amendments to the NRMP will require submission, review, and approval by the CCC after final adoption by the Port and City. Nonetheless, the participants would benefit if the NRMP is developed though a meaningful stakeholder process providing for the resolution of as many disagreements as possible prior to ion provides a process by which the PLAN CREATION AND AMENDMENT. Where this mitigation measure exclusive mechanism for resolution of any disputes arising hereunder shall be FORMAL NEGOTIATIONS. Any he creation or amendment of the NRMP will in contemplates the creation of the NRMP following the Effective Date or an NRMP disputes concerning the content of the NRMP and such NRMP Amendments. The interface, education and interpretation programs, public access, involvement, and use projects (if applicable)_and management and restoration actions needed for resource completion, approval and amendment in accordance with this mitigation measure. plan, management of the human-wildlife interface, wildlife issues related to facilities, NRMP will begin within six months of the filing of the Notice of Determination for the development as it occurs and monitoring the efficacy of water quality improvement Final EIR by the Port and will be completed prior to the earlier of: (a) Development NRMP Periodic Review will address, among other things, monitoring of impacts of .e., sea-level rise, trash, window bird ii. The Port and City will each provide a written notice of adoption to the Wildlife tershed coordination), and other issues development; or (c) three years. The adaptive management components of the Commencement; (b) issuance of a Certificate of Occupancy for the residential engagement of such consultants as are reasonable and necessary for their i. The Port and City will cause the preparation, consideration negotiation and strikes, lighting impacts, bird flushing, water quality, fireworks, human-wildlife approval of the NRMP including, staff and administrative oversight and - 46 - Coalition can participate in the creation and amendment of the NRMP. the same as those under the California Environmental Quality Act. Advisory Group upon their respective approval of the NRMP. affecting achievement of NRMP Management Objectives. Mitigation Measure PLAN CREATION AND AMENDMENT IN Amendment, this section will provide a non- NRMP submission to the CCC. This sect DISPUTE RESOLUTION FOR PLAN CREATstandard of review and burden of proof for protection, resource threats, management (i dispute that arises with respect to t trails, roads, overlooks planning, and wa 1. i. h. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 818 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M considered purely advisory in nature. Advisory Group members after vote, with each member entitled to one vote. the first instance be the subject of informal negotiations between the parties to the dispute. A dispute will be considered to have arisen when one (1) party (the ÐDisputing PartyÑ) sends the other party a written Notice of Dispute. During the informal negotiations, the Disputing Party will identify in writing and with specificity the issue, standard, or proposed requirement which is the subject of he period for informal negotiations will not FORMAL DISPUTE RESOLUTION, PHASE I. In the event the Parties cannot resolve a dispute by informal a written statement of position on the matter in dispute, including, but not limited to, any facts, data, analysis or opinion supporting that position and any supporting documentation relied upon by the Disputing Party (the ÐPosition StatementÑ). The Position Statement must be e post) within thirty (30) days of the end of informal negotiations, and will be provided to the other parties and to each member of the Wildlife Advisory Group. If informal negotiations are unsuccessful, and the Disputing Party does not invoke formal dispute resolution within thirty (30) days, the position held by the Port, City or Agency (the respective public agency involved in such dispute is hereinafter called ÐManaging AgencyÑ) will be binding on the Disputing Party, subject to submission, review, and approval by The other parties will submit their position statements (ÐOpposition ysis or opinion in support thereof, to Within twenty-one (21) days after transmission of the Opposition Statement(s), the Wildlife Advisory Group will convene, consider and, within render its proposed resolution of the dispute. The Wildlife Advisory GroupÓs decision will not be binding upon the The proposed resolution of the Wildlife Advisory Group will be that comprehensive recommendation supported by a majority of Wildlife negotiations, the Disputing Party may invoke formal dispute resolution the Disputing Party and the Wildlife Advisory Group members within thirty exceed thirty (30) days from the date the Notice of Dispute is received. - 47 - (30) days of transmission of the Position Statement. Mitigation Measure StatementsÑ), including facts, data, anal a reasonable period of time thereafter, transmitted (via electronic mail or verifiabl PLAN CREATION AND AMENDMENT Disputing Party, but rather, will be procedures by providing the other parties the dispute (the ÐNotice of DisputeÑ). T the CCC. a.b. 2. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 819 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M ll be transmitted to all parties by PLAN CREATION AND AMENDMENT FORMAL DISPUTE RESOLUTION, PHASE II. If any party does not accept the advisory decision of the Wildlife Advisory Group, it must invoke the second phase of formal dispute resolution by presenting the dispute to the governing board (ÐGoverning BoardÑ) of the Managing Agency (i.e., Board of Port Commissioners or City Council). This written notice to the other parties within thirty (30) days of receipt of the Wildlife MA Notice will include the Position Statement, Opposition Statement, the Wildlife Advisory Group proposal, and any other information such party desires to include. Any supplement to the the Managing Agency within fourteen (14) information and within sixty (60) days from receipt of the MA Notice will schedule and within ten (10) days of such public hearing, render a decision. The decision of the Governing Board of the Managing Agency will be final and binding on the Managing Agency but will not he members of the Coalition accept the decision of the Governing Board of the Managing Agency, the decision will dictate the manner in which the dispute is resolved in the NRMP or amendment ude such party from publicly opposing or DISPUTE RESOLUTION REGARDING NRMP IMPLEMENTATION AND ENFORCEMENT. Once the CCC approves the NRMP or any NRMP Amendment, NRMP amendment. Once a Notice of Adoption is issued with respect to the NRMP or NRMP Amendment, this section will be the exclusive mechanism for the parties to resolve disputes arising under, or with respect to implementation or enforcement of, the NRMP including when the NRMP is reviewed during an Adaptive Management Review or Periodic Review and such review does not require an NRMP Amendment. This provision will not be used to challenge the adequacy of the NRMP or an NRMP Amendment after the issuance of a Notice of Adoption with respect thereto. The phase of the dispute resolution process is initiated by such party providing days. The Governing Board of the Managing Agency will review the transmitted the Governing Board will issue a Notice of Adoption with respect to the NRMP or any disputes arising hereunder shall be the an appointed Wildlife Advisory Group member via electronic mail. - 48 - supporting the Governing BoardÓs decision before the CCC. The Wildlife Advisory GroupÓs proposal wi Mitigation Measure Advisory Group proposal (ÐMA NoticeÑ). The a public hearing to consider the dispute bind the members of the Coalition. If t to the NRMP. Nothing herein will precl Opposition Statement will be filed with standard of review and burden of proof for 3. i. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 820 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M NS. Any dispute that arises with RESOLUTION, PHASE I. In the , any facts, data, analysis or opinion post) within thirty (30) days of the end ion statements (ÐOpposition StatementsÑ), on in support thereof, to the Disputing Party, the Wildlife Advisory Group members, and the Governing Board within 2. Within forty-five (45) days after transmission of the Opposition Statement(s), the Disputing Party will provide a written notice (ÐMA II NoticeÑ) to the other parties, the Wildlife Advisory Group and the Governing Board. The MA II Notice will include the Position Statement, Opposition Statement, the Wildlife Advisory Group proposal, and any other information the Disputing Party desires to respect to implementation or enforcement of the NRMP will in the first instance be the subject of informal negotiations between the parties to the dispute. A dispute will be considered to have arisen when one Disputing Party sends the other party a written Notice of Dispute. During the informal negotiations, the Disputing Party will send a written Notice of Dispute to the other parties specifying the aspect of the NRMP it believes is not being implemented properly and the way in which the Disputing Party believes the NRMP should be implemented according to its terms event the Parties cannot resolve a dispute by informal negotiations under the preceding section, the Disputing Party may invoke a formal dispute resolution procedure by presenting the dispute to the Governing Board of the Managing Agency by providing the other parties a written statement of position on the matter supporting that position and any supporting documentation relied upon by the Disputing Party (the ÐPosition StatementÑ). The Position Statement must be of informal negotiations, and will be provided to the other parties, to each member of the Wildlife Advisory Group. If informal negotiations are unsuccessful, and the Disputing Party does not invoke formal dispute resolution within thirty (30) days, the Managing AgencyÓs position will be binding on the Disputing Party subject to any (the ÐNotice of DisputeÑ). The period for informal negotiations will not exceed forty- - 49 - five (45) days from the date such Notice of Dispute is received. periodic review and/or approval by the CCC, if required by law. thirty (30) days of transmission of the Position Statement. PLAN ENFORCEMENT INFORMAL NEGOTIATIO Mitigation Measure PLAN ENFORCEMENT FORMAL DISPUTE transmitted (via electronic mail or verifiable including facts, data, analysis, or opini in dispute, including, but not limited to The other parties will submit their posit same as those under CEQA. 1. i.ii. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 821 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M Managing Agency within fourteen (14) days following receipt of the MA II Notice. include. Any supplement to the Opposition Statement will be filed with the The Governing Board will review the transmitted information and within sixty (60) days from receipt of the MA II Notice will schedule a public hearing to consider the dispute and within ten (10) days of such public hearing, render a decision. The decision of the Governing Board will be final and binding on the Managing Agency but will not bind the members of Coalition. If the members of the verning Board of the Managing Agency, the decision will dictate the manner in which the dispute is resolved in the NRMP. If any member of the Coalition disagrees with the decision of the Governing Board, it shall have the right to seek a petition for writ of mandate Resource Agencies of resource regulations, and placement of enforcement ii. An agreement for the long-term protection and management of the J Street agree that lack of funds shall not be a defense to any claim of failure to adequately the sensitive biological habitat running north from the South Bay Boatyard i. An agreement providing for the long-term protection and management of to the Sweetwater River Channel (known as the Sweetwater Tidal Flats) iii. WAIVER OF DEFENSE. To the extent permitted by law, the Port, City and RDA a. The Port will exercise diligent and good faith efforts to enter into the following signage. Subject to the cooperation of the applicable Resource Agency, such cooperative agreement will be executed prior to the Development to PortÓs jurisdiction within the enforcement by Harbor Police, shared jurisdiction and enforcement by PersonnelÑ), shared jurisdiction and enforcement by District Enforcement Personnel and other appropriate District personnel with legal authority to enforce applicable rules and S or other appropriate agency or and addressing educational signage, long-term maintenance, and additional protection measures such as increased monitoring and - 50 - fund implementation and enforcement of the adopted NRMP. from the Superior Court of California, San Diego Division. Mitigation Measure Commencement of any projects subject B. Additional Habitat Management and Protection: Coalition accept the decision of the Go cooperative agreements with the USFWregulations (ÐDistrict Enforcement Sweetwater or Harbor Districts. organization: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 822 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M iii. If either of the cooperative agreements contemplated above are not nal EIR certification, the Port will develop and pursue another mechanism that provides long-term additional The Port will include an analysis of the appropriate level and method for wetland physical alteration of SP-2, F Street, and/or the F & G Street Marsh. In addition, Resource Agencies, and placement of enforcement signage. Subject to the wetland and marine life habitat restoration of the intake/discharge channels tidal connection. This investigation will be completed prior to the initiation of any Marsh and addressing additional protective measures such as educational the investigation will assess the biological value of tidal influence, the presence SP-2 consistent with USFWS restoration concepts for the area. At a minimum, and marine life habitat restoration of the intake/discharge channels associated results, permitting requirements, and funding opportunities for establishing the with the South Bay Power Plant in the environmental review document for the vehicular use, but may reserve it for pedestrian and bicycle use if ecologically ysical improvements to achieve desired As a future and separate project, the Port will investigate, in consultation with The Port will include an analysis of the appropriate level and method for connection between the F & G Street Marsh and the upland marsh on parcel associated with the South Bay Power Plant in the environmental review established such that F Street is no longer needed for public right-of-way for District Enforcement Personnel, shared jurisdiction and enforcement of once emergency access to the Proposed Project area has been adequately agreement will be executed prior to the Development Commencement signage, long-term maintenance, and monitoring and enforcement by cooperation of the applicable Resource Agency, such cooperative ct Enforcement Personnel and other the USFWS, the feasibility of restoring an ecologically meaningful tidal - 51 - protection and natural resource management for these areas. document for the demolition of the South Bay Power Plant. achievable within three (3) years after Fi Mitigation Measure demolition of the South Bay Power Plant. of hazardous materials, necessary ph resource regulations by Distri within the Otay District. appropriate. b. c. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 823 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M R (including Appendix 4.8-8 Mitigation priorities will not be included in the NRMP oject are those mitigation opportunities eptual mitigation opportunities (Figures in the Sweetwater and Otay Districts transition plants in a manner that will stabilize the bank without the need for ent with its function as a storm water South Bay Power Plan in the environmental review document for the demolition Restoration Priorities: The following will supplement the description of the conceptual but rather will be applicable (i) if and only to the extent that Port or City are required to restore degraded habitat in accordance with the terms of the MMRP or (ii) to 4.8-23 and 4.8-26) and the projects located in the South Bay in the PortÓs With the exception of the restoration described in Section (d) below, should be natural and gradually sloped and planted with salt marsh and upland additional riprap areas. Upland slopes should be contoured to provide a very gentle grade so as to maximize tidal elevation of mudflats, salt marsh habitat and upland transition areas. This area should be wide enough to encourage or allow wildlife to move between the Sweetwater Marsh and the F & G Marsh and between the J Street and the South San Diego Bay Unit of the NWR. The shoreline should be improved and restored to facilitate a more effective upland refuge area for species during high tides and to accommodate the impacts from The Telegraph Creek should be improved to be a more natural channel as part of the redevelopment of the Otay District. Efforts to naturalize and revegetate The Port will perform an analysis of the appropriate level and method for environmental restoration of the intake/discharge channels associated with the South Bay Wildlife Advisory Group: A South Bay Wildlife Advisory Group (ÐWildlife Advisory GroupÑ) will be formed to advise the Port and City in the creation of the NRMP, cooperative management agreements, Adaptive Management Review - 52 - establish priorities for PortÓs pursuit of grant funding. Mitigation Measure Adopted Restoration and Enhancement Plan. the creek will be maximized as is consist Restoration priorities for the Proposed Pr in the Final EIR as depicted in the conc shoreline/marsh interface restorations mitigation opportunities in the Final EI Opportunities). The following restoration of the power plant. global sea rise. conveyance. c. a.b.d. C.D. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 824 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M based business; two (2) individuals appointed by Port; and 6 representatives management and restoration plans or Group will also address management issues and options for resolution. The Wildlife Advisory Group will initiate and support funding requests to the Port and City, identify priorities for use of these funds and engage in partnering, education, and volunteerism to support the development of the Proposed Project in a manner that effectively protects and enhances the fish, wildlife, Port and City will provide such administrative and staff support to the Wildlife rm the functions and achieve the goals The Wildlife Advisory Group will be comprised of the following: one (1) ental Health Coalition, San Diego Audubon Society, San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands Interpretative Association, Surfrider Foundation (San Diego Chapter), and Empower San Diego; two (2) Natural Center (one from educational ); up to three (3) representatives from major developers or tenants with projects in the CVBMP (including one from Pacifica Companies, which on completion, may be succeeded by a ion); one (1) representative from the CityÓs Resource Conservation Commission; one (1) from either Harborside or District; Western and Eastern Chula Vista residents selected by the City (one from Northwest one from the from Resources Agencies (two from the USFWS, one from Refuges and one from Endangered Species and one (1) each from California Department of Fish and Game, National Marine Fisheries Service, Regional Water Quality Control The Wildlife Advisory Group will meet as needed, but at a minimum of every six months for the first ten (10) years and annually thereafter. The Wildlife Advisory Group will be formed within six months of the filing of the Notice of the intervals described above to review (1) representative from eco-tourism - 53 - and habitats of the area and educates and engages the public. Mitigation Measure programs and one from programs/operations Southwest and one from east of I-805); one representative of its homeowner associat Mueller elementary school or the School representative from each the Environm The Wildlife Advisory Group will meet at Advisory Group as is necessary to perfo representatives from the Chula Vista Determination for the FEIR by the Port. (defined below) and any related wildlife prioritizations. The Wildlife Advisory described herein. Board and CCC). a.b.d. c. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 825 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M required to better achieve the Management Objectives; (iii) identify any changes the Wildlife Advisory Group may also consider and make recommendations regarding (x) implementation of the NRMP as needed, (y) Adaptive the NRMP to: (i) determine the effectiveness of the NRMP in achieving the Management Objectives; (ii) identify any changes or adjustments to the NRMP or adjustments to the NRMP required to respond to changes in the man-made and natural environments that are affecting or, with the passage of time may affect, the effectiveness of the NRMP in achieving the Management Objectives; lable funding. At its periodic meetings, the joint powers authority (JPA) on the Education: An environmental education program will be developed and implemented The program will continue for the duration of the Proposed Project and will educate Bayfront residents, visitors, tenants and workers about the natural condition of the Bay, the ecological the publicÓs role in the restoration The program will include educational signage, regular seminars and interpretive ces of the area, regular stewardship Adequate annual funding for personnel or contractor/consultant and overhead to ensure implementation of the following functions and activities in collaboration events for volunteers (shoreline and beach cleanups, exotic plant removal, etc.). expenditure of the Community Benefits Fund, subject to the applicable law. Coordination of Tenant, resident and visitor educational programs; target both residential and commercial uses as well as park visitors. - 54 - Coordination of Interpretive and educational programs; Coordination of Volunteer programs and events; Management Review and (z) NRMP Amendments. with the Chula Vista Nature Center or USFWS: and protection of wildlife resources of the Bay. Mitigation Measure importance of the Proposed Project area and The programÓs primary objective will be to walks on the natural history and resour The Wildlife Advisory Group will advise and (iv) review priorities relative to avai Enhancements and restoration. Docent educational; and and will include the following: ii.v. i.iii.iv. e.a.b.d. c. E. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 826 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING rt shall create 1.93 acres of Port or Port Port in P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA Port M ITIGATION V HULA Mitigation Timing Responsible Party and completion of C construction M -Prior to Port 3 and 4 of Chapter 5 of Division 7 of Title rt, City and RDA will ensure the JPA is ultant(s) to implement and ensure the On-site management and enforcement for parks and Wildlife Habitat Areas as necessary to enforce restrictions on human and Predator access regarding Enforcement of mitigation measures including, but not limited to, trash collection, noise restrictions, removal of invasive plants, habitat restoration, and Coordination, development, implementation and evaluation of effectiveness of Personnel and Funding: Funding for the implementation of the NRMP will be provided by the Port, City and RDA. To meet these obligations, the Port, City and ide funding to a JPA formed pursuant to equirements of this Agreement as priority expenditures that must be assured as project-related revenues are identified and impacts initiated. The Port, City and RDA expressly acknowledge the funding commitments contemplated herein will include, but not be limited to, funding for 4.9, Marine The creation of eelgrass habitat shall be habitat to mitigate for the loss of surface water foraging habitat in accordance with the er, the Port shall create 0.96 acre of eelgrass Evaluation of effectiveness of bird strike mitigation and design measures; education and mitigation programs, including implementation of NRMP. Section - 55 - conducted in accordance with Mitigation Measures 4.9-1 and 4.9-2 in Coordination of injured animal rehabilitation activities. Prior to completion of in-harbor work in Phase IV, the Po Mitigation Measure personnel and overhead or contractor(s)/cons RDA will commit revenues or otherwise prov the California Marks-Roos Act, Articles 1, 2, *Applies to Significant Impacts 4.8-6 and 4.8-7. 1 of the California Government Code. Po specifically charged to treat the financial r Southern California Eelgrass Mitigation Policy. Water quality protections; and, MM 4.8-8 Prior to construction of the H Street Pi following functions and activities: *Applies to Significant Impact 4.8-8. Wildlife Habitat Areas; park use restrictions; . Biological Resources b.d.e. a. c. f. A. F. Packet Number May 2010 MM 4.8-9 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 827 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Consultation with wildlife with wildlife Agency agencies agencies Port in B ISTA M ITIGATION V HULA Mitigation Timing -Prior to start of -Prior to start of Responsible Party and C M Tenants grading grading Port review pursuant to State CEQA Guidelines Section 15168 to determine accurate net loss mitigation of impacts shall be re-evaluated by the Port during subsequent environmental tat shall be conducted in accordance with oposed for the remaining project components affecting 1.61 acres of surface water foraging habitat and intertidal mudflats, the - 56 - . Section 4.9, Marine Biological Resources Mitigation Measure eelgrass habitat. The creation of eelgrass habi and mitigation for the loss of foraging habitat. When project-specific designs are pr *Applies to Significant Impact 4.8-9. Mitigation Measure 4.9-2 in B. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 828 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Party and -Prior to First Grubbing, or C Developer Clearing, M each area is successful. The restoration plan regulatory agencies. The plan shall summarize the approach taken to avoid and minimize restoration plan shall be prepared by a qualified biologist, and the plan shall be approved conditions shall be included. If the mitigation standards have not been met in a particular ion of a restoration plan for impacts to survival, and percent of native/non-native prepared and what they shall entail. Qualitative and quantitative assessments of the site mitigation site. Typical success criteria may that impacts riparian habitat or sensitive preparation and approval of a detailed restoration plan within the Port's jurisdiction. The , including clearing and grubbing associated ied in the annual report and remediation will riparian habitat and sensitive vegetation communities in accordance with the mitigation occur within 3 months or start of the growing season. The Port shall be responsible for Prior to the commencement of grading for development in each phase that impacts n. The Port or project developer(s), as in each phase that would affect riparian palettes, implementation procedures, and monitoring and maintenance practices; and approach to restoring those functions and values. Typically, the restoration plan shall t-level assessment of potential impacts impacts to sensitive habitats, detail the target functions and values, and address the propose site preparation techniques, planting vegetation communities, the Port shall coordinate with the wildlife agencies for the -approved biologist to update appropriate specify when annual reports are to be by the Port. The guidelines for this plan will be developed in consultation with the surveys, identify the existing conditions, quantify impacts, and provide adequate unities, the Port or Port tenants, as canopy cover. A minimum 5-year maintenance and monitoring period would be ensuring that all of the success criteria are met to the satisfaction of the Port in - 57 - Mitigation Measure appropriate, shall prepare and initiate implementat Prior to the commencement of Phase I grading shall be made based on a specific project desig include percent canopy cover, percent of plant with program-level phases, an updated projec Prior to initiating any construction activities shall establish performance criteria for each implemented following installation to ensure riparian habitat or sensitive vegetation comm shall address monitoring requirements and year, contingency measures shall be identif habitat or sensitive vegetation communities consultation with the regulatory agencies. . appropriate, shall retain a qualified, Port detail the site selection process; shall Table 4.8-6 requirements presented in A.B. Packet Number MM 4.8-10 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 829 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Consultation with USACE with USACE Agency Port in Port in B ISTA M ITIGATION V HULA Mitigation Timing -Upon Approval of -Prior to start of Responsible Party and Final Design C Port or Port Port or Port M Tenants Tenants grading edits or prepare and initiate implementation an habitats and sensitive vegetation communities and maintenance practices; and shall establish performance criteria for each mitigation The project developer(s) shall prepare and implement a detailed restoration plan to the Typically, the restoration plan shall detail the site selection process; shall propose site satisfaction of the City and the regulatory agencies. As previously addressed above in restoration plan shall be provided to the City for review and approval prior to issuance of requirements and specify when annual reports are to be prepared and what they shall preparation techniques, planting palettes, implementation procedures, and monitoring -approved mitigation bank or land acquisition taken to avoid and minimize impacts to sensitive habitats, detail the target functions an will be developed in ow a level of significance. This updated t or sensitive vegetation communities, the maintenance and monitoring period would be implemented following installation to Prior to issuance of any clearing and grubbing or grading permits within the City's consultation with the regulatory agencies. The plan shall summarize the approach contingency measures shall be identified in the annual report and remediation will site. Typical success criteria may include percent canopy cover, percent of plant and values, and address the approach to restoring those functions and values. ensure each area is successful. The restoration plan shall address monitoring entail. Qualitative and quantitative assessments of the site conditions shall be Verification of mitigation credits or a survival, and percent of native/non-native canopy cover. A minimum 5-year included. If the mitigation standards have not been met in a particular year, - 58 - assessment shall be submitted to the Port for review and approval. the guidelines for this pl occur within 3 months or the start of the growing season. Table 4.8-7. Mitigation Measure *Applies to Significant Impacts 4.8-10 and 4.8-12. any clearing and grubbing or grading permits. project developer(s) shall acquire mitigation cr in accordance with the acreages identified in mitigation measures to reduce impacts to bel shall be provided at an approved location. Mitigation credits shall be secured in a City jurisdiction that would affect riparian habita of a restoration plan for impacts to ripari Mitigation Measures, , Section 4.8.6 A. Packet Number MM 4.8-11 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 830 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Consultation Consultation with USACE with USACE with CDFG Agency Port in City in City in B ISTA M ITIGATION V HULA Mitigation Timing Clearing, Grubbing Responsible Grading Permit Grading Permit Party and Grubbing, and -Prior to First -Prior to First -Prior to First and Grading C Port or Port Developer Developer Clearing, M Tenants Permit Covered Species and Vegetation Communities planting palettes, implementation procedures, and monitoring and maintenance practices; ensitive vegetation communities associated with work in Phases II through IV are finalized. impacts. A minimum of 1:1 mitigation must be created in order to achieve the no-net-loss the following ratios: 1:1 for permanent impacts n. The project developer(s) shall retain a acreages for all USACE impacts within the Port's jurisdiction. Mitigation for impacts from to non-wetland waters of the U.S.; 4:1 for impacts to wetlands; and 1:1 for all temporary h mitigation site. Typical success criteria , shall mitigate for permanent and temporary ons and values. Typically, the restoration plan will be developed in consultation with jurisdictional waters, the Port or Port tenants, as appropriate, shall prepare and initiate rveys, identify the existing conditions, Subarea Plan. This updated assessment shall be submitted to the City for review and provides a breakdown of the required mitigation sensitive vegetation communities, the project shall propose site preparation techniques, the program-level development phases, an updated assessment of potential impacts applicant shall be required to obtain an HLIT permit pursuant to Section 17.35 of the the Bay and Marina components of the Proposed Project will be established through ties for any projects that impact USACE Prior to issuance of any clearing and grubbing or grading permits within the City's Prior to issuance of any clearing and grubbing or grading permits within the City's the regulatory agencies. The plan shall summarize the approach taken to avoid and quantify impacts, and provide adequate mitigation consistent with the City's MSCP implementation of a restoration plan detailing the measures needed to achieve the minimize impacts to sensitive habitats, detail the target functions and values, and - 59 - Mitigation Measure *Applies to Significant Impacts 4.8-13 and 4.8-15. protected under the City's MSCP Subarea Plan. City-approved biologist to update appropriate su shall be made based on a specific project desig and shall establish performance criteria for eac USACE regulations once final designs for this address the approach to restoring those functi necessary mitigation. The guidelines for this Prior to the commencement of grading activi Chula Vista Municipal Code for impacts to impacts to USACE jurisdictional waters at plan shall detail the site selection process; The Port or Port tenants, as appropriate jurisdiction that affect riparian habitat or s jurisdiction that affect riparian habitat or Table 4.8-8 requirement of the CWA. approval. B.C. A. Packet Number MM 4.8-12 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 831 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency CDFG B ISTA M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Party and -Prior to First C Port or Port M Tenants year maintenance and monitoring period would be implemented following installation to Prior to the issuance of the first clearing and grubbing or grading permit for activities each area is successful. The restoration plan target functions and values, and address the approach to restoring those functions and and monitoring and maintenance practices; and shall establish performance criteria for conditions shall be included. If the mitigation standards have not been met in a particular percent of plant survival, and percent of native/non-native canopy cover. A minimum 5- requirements and specify when annual reports are to be prepared and what they shall prepared and what they shall entail. Qualitative and quantitative assessments of the site . The guidelines for this plan will ied in the annual report and remediation will be developed in consultation with the regulatory agencies. The plan shall summarize occur within 3 months or the start of the growing season. The Port shall be responsible may include percent canopy cover, percent of plant survival, and percent of native/non- create/restore impacts to USACE jurisdictional waters within the City's jurisdiction in native canopy cover. A minimum 5-year maintenance and monitoring period would be propose site preparation techniques, planting palettes, implementation procedures, occur within 3 months or the start of the growing season. The project developer(s) contingency measures shall be identified in the annual report and remediation will the approach taken to avoid and minimize impacts to sensitive habitats, detail the that impact USACE jurisdictional waters, the project developer(s) within the City's values. Typically, the restoration plan shall detail the site selection process; shall each mitigation site. Typical success criteria may include percent canopy cover, are met to the satisfaction of the Port in specify when annual reports are to be shall be required to implement the restoration plan subject to the oversight and ensure each area is successful. The restoration plan shall address monitoring entail. Qualitative and quantitative assessments of the site conditions shall be jurisdiction shall prepare a restoration plan detailing the measures needed to included. If the mitigation standards have not been met in a particular year, - 60 - Mitigation Measure Table 4.8-9 implemented following installation to ensure shall address monitoring requirements and year, contingency measures shall be identif accordance with the acreage identified in for ensuring that all of the success criteria consultation with the regulatory agencies. approval of the City. B. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 832 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Commission Agency California Coastal Port in CDFG B ISTA with M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Grading Permit Party and -Prior to First C Port or Port Port or Port M Tenants Tenants grading agencies. The plan shall summarize the approach taken to avoid and minimize impacts to each area is successful. The restoration plan l approval of the restoration plan from the enhancement/mitigation sites, which include the native buffer areas and the F & G Street conditions shall be included. If the mitigation standards have not been met in a particular impact USACE jurisdictional waters, the Port or Port tenants, as appropriate, and project needed to achieve the necessary mitigation. survival, and percent of native/non-native Prior to issuance of the first clearing and grubbing or grading permit, for activities that provides a breakdown of te, shall prepare and initiate implementation hall obtain a Section 404 permit from USACE. prepared and what they shall entail. Qualitative and quantitative assessments of the site ied in the annual report and remediation will Marsh. The guidelines for this plan will be developed in consultation with the regulatory The plan shall outline the timeline and procedures for restoring/enhancing the potential occur within 3 months or the start of the growing season. The Port shall be responsible restoring those functions and values. Typically, the restoration plan shall detail the site sensitive habitats, detail the target functions and values, and address the approach to te, shall mitigate for permanent and temporary permit that may impact CDFG jurisdictional impacts within the Port's jurisdiction. gation site. Typical success criteria may are met to the satisfaction of the Port in implementation procedures, and monitoring and maintenance practices; and shall areas that fall under the jurisdiction of specify when annual reports are to be canopy cover. A minimum 5-year maintenance and monitoring period would be selection process; shall propose site preparation techniques, planting palettes, - 61 - Table 4.8-8 consultation with the regulatory agencies, including CDFG. Mitigation Measure *Applies to Significant Impacts 4.8-16 through 4.8-19. impacts to CDFG jurisdictional areas at a 2:1 ratio. The permit application process would also entai include percent canopy cover, percent of plant the required mitigation acreages for all CDFG implemented following installation to ensure USACE as described above, with regard to areas, the Port or Port tenants, as appropria shall address monitoring requirements and year, contingency measures shall be identif of a restoration plan detailing the measures establish performance criteria for each miti for ensuring that all of the success criteria developer(s) within the City's jurisdiction s Prior to the issuance of the first grading MM 4.8-13 The Port or Port tenants, as appropria USACE. C. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 833 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Commission Agency California Coastal Port in B ISTA with M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Party and C Port or Port M Tenants grading maintenance and monitoring period would be implemented following installation to ensure of the restoration plan as described above, mize impacts to sensitive habitats, detail rt in consultation with the regulatory agencies, Mitigation for permanent direct and indirect (from bridge shading) impacts would be at each area is successful. The restoration plan shall address monitoring requirements and with regard to areas that fall under the jurisdiction of CDFG. Pursuant to Fish and Game l establish performance criteria for each restore CCC wetlands. The guidelines for ng palettes, implementation procedures, and required to obtain a Streambed Alteration s, as appropriate, shall prepare a restoration identified in the annual report and remediation will occur within 3 months or the start of t that may impact CDFG jurisdictional areas, the approach to restoring those functions th the regulatory agencies. The plan shall and what they shall entail. Qualitative and quantitative assessments of the site conditions shall be included. If the mitigation the growing season. The Port shall be responsible for ensuring that all of the success l detail the site selection process; shall mitigation site. Typical success criteria may include percent canopy cover, percent of hall obtain permits from CDFG. The permit Agreement for impacts to streambeds and associated riparian habitat that fall within standards have not been met in a particular year, contingency measures shall be native canopy cover. A minimum 5-year tivities for projects that impact CCC - 62 - Mitigation Measure summarize the approach taken to avoid and mini monitoring and maintenance practices; and shal specify when annual reports are to be prepared application process would also entail approval and values. Typically, the restoration plan shal plan detailing the measures needed to create/ Code 1602, the Port and other applicants are the target functions and values, and address this plan will be developed in consultation wi propose site preparation techniques, planti criteria are met to the satisfaction of the Po jurisdictional areas, the Port or Port tenant Prior to issuance of the first grading permi the Port or Port tenants, as appropriate, s Prior to the commencement of grading ac plant survival, and percent of native/non- *Applies to Significant Impact 4.8-21. . Table 4.8-8 a 2:1 ratio as detailed in CDFG's jurisdiction. including the CCC. A. Packet Number MM 4.8-14 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 834 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Commission Commission Agency California California Coastal Coastal Port in B ISTA with M ITIGATION V HULA Mitigation Timing of Grading Permits -Prior to Approval Responsible Grading Permit Party and -Prior to First C Port or Port Port or Port M Tenants Tenants maintenance and monitoring period would be implemented following installation to ensure hannel would require mitigation at a ratio MM 4.8-15 Mitigation for permanent direct and indirect (from bridge shading) impacts from circulation mize impacts to sensitive habitats, detail Prior to the commencement of grading activities, the Port or Port tenants, as appropriate, ty in consultation with the regulatory agencies, Mitigation for permanent direct and indirect (from bridge shading) impacts would be at t for projects that impact CCC jurisdictional each area is successful. The restoration plan shall address monitoring requirements and . This would require a total mitigation of 1.02 acres. Mitigation for temporary impacts within Parcel OP-2B from areas, the project applicants within the City's jurisdiction shall prepare a restoration plan l establish performance criteria for each ng palettes, implementation procedures, and ore CCC wetlands. The guidelines for this identified in the annual report and remediation will occur within 3 months or the start of the approach to restoring those functions the measures needed to create/restore CCC and what they shall entail. Qualitative and quantitative assessments of the site conditions shall be included. If the mitigation the growing season. The City shall be responsible for ensuring that all of the success l detail the site selection process; shall mitigation site. Typical success criteria may include percent canopy cover, percent of riprap removal and bulkhead replacement plan will be developed in consultation with the regulatory agencies. The plan shall standards have not been met in a particular year, contingency measures shall be native canopy cover. A minimum 5-year - 63 - Table 4.8-8 for a total of 0.16 acre. Mitigation Measure totaling 0.51 acre would be at a 2:1 ratio as detailed in *Applies to Significant Impacts 4.8-22, 4.8-23, 4.8-32. summarize the approach taken to avoid and mini monitoring and maintenance practices; and shal specify when annual reports are to be prepared the re-channelization of the Telegraph Canyon C and values. Typically, the restoration plan shal Prior to the issuance of the first grading permi the target functions and values, and address detailing the measures needed to create/rest propose site preparation techniques, planti criteria are met to the satisfaction of the Ci road construction/improvements and the shall prepare a restoration plan detailing plant survival, and percent of native/non- . Table 4.8-9 Table 4.8-8 a 2:1 ratio as detailed in of 1:1 as detailed on including the CCC. B. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 835 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Commission Agency California Coastal Port in B ISTA with M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Party and -Prior to First C Port or Port M Tenants agencies. The plan shall summarize the approach taken to avoid and minimize impacts to wetlands. The guidelines for this plan will be developed in consultation with the regulatory tional 1.54 acres of each area is successful. The restoration plan ects impacting CCC wetlands, the Port or Port ill require 0.05 under CCC jurisdiction. If these areas are not subject to CCC jurisdiction, no additional conditions shall be included. If the mitigation standards have not been met in a particular survival, and percent of native/non-native prepared and what they shall entail. Qualitative and quantitative assessments of the site acre of mitigation. There is an additional 0.04 acre that is mapped as a potential CCC wetland and 1.50 acres that are former industrial areas in the process of remediation. ied in the annual report and remediation will occur within 3 months or the start of the growing season. The Port shall be responsible determine whether the areas of potential jurisdiction, totaling 1.54 acres, actually fall restoring those functions and values. Typically, the restoration plan shall detail the site sensitive habitats, detail the target functions and values, and address the approach to MM 4.8-16 Mitigation for temporary impacts from the restoration of the ecological buffer would . The ecological buffer ssert jurisdiction over these areas, the in order to gation site. Typical success criteria may are met to the satisfaction of the Port in implementation procedures, and monitoring and maintenance practices; and shall specify when annual reports are to be canopy cover. A minimum 5-year maintenance and monitoring period would be selection process; shall propose site preparation techniques, planting palettes, - 64 - C wetland and w permits and/or approvals from CCC. nfer with CCC /enhancement of an addi y agencies, including the CCC. Table 4.8-8 The Port or Port tenants, as appropriate, will need to co that has been mapped as a CC Mitigation Measure *Applies to Significant Impacts 4.8-24 through 4.8-26. require mitigation at a ratio of 1:1 as detailed on include percent canopy cover, percent of plant implemented following installation to ensure mitigation would be required. If CCC does a restoration will need to include the creation shall address monitoring requirements and year, contingency measures shall be identif Prior to approval of grading permits for proj establish performance criteria for each miti for ensuring that all of the success criteria tenants, as appropriate, shall obtain consultation with the regulator area supports 0.05 acre CCC wetlands. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 836 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Commission Agency California Coastal Port in B ISTA with M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Party and -Prior to First C Port or Port M Tenants ands. The guidelines for this plan will be t for activities that impact CCC jurisdictional jurisdictional areas, the Port or Port tenants, as appropriate, shall prepare a restoration successful. The restoration plan shall address monitoring requirements and specify when nt canopy cover, percent of plant survival, jurisdiction over these areas, the Port will need to mitigate the impacts at a ratio of 2:1 as those functions and values. Typically, the restoration plan shall detail the site selection assessments of the site conditions shall be included. If the mitigation standards have not or the start of the growing season. The shall entail. Qualitative and quantitative restoring those functions and values. jurisdiction. If these areas are not subject habitats, detail the target functions and values, and address the approach to restoring te, shall prepare a restoration plan detailing and maintenance practices; and shall establish performance criteria for each mitigation th the regulatory agencies, including the CCC. plan detailing the measures needed to create/restore CCC wetlands. The guidelines for this plan will be developed in consultation with the regulatory agencies. The plan he site selection process; shall propose site implementation procedures, and monitoring developed in consultation with the regulatory agencies. The plan shall summarize the wing installation to ensure each area is , shall confer with CCC in order to determine been met in a particular year, contingency measures shall be identified in the annual and percent of native/non-native canopy cover. A minimum 5-year maintenance and to sensitive habitats, detail the target on would be required. If CCC does assert Port shall be responsible for ensuring that all of the success criteria are met to the shall summarize the approach taken to avoid and minimize impacts to sensitive Prior to the issuance of the first grading permit for projects that impact CCC - 65 - for a total mitigation of 1.16 acres. Mitigation Measure functions and values, and address the approach to the measures needed to create/restore CCC wetl report and remediation will occur within 3 months annual reports are to be prepared and what they approach taken to avoid and minimize impacts whether the 0.58 acre of areas fall under CCC site. Typical success criteria may include perce Prior to the issuance of the first grading permi monitoring period would be implemented follo areas, the Port or Port tenants, as appropria preparation techniques, planting palettes, Typically, the restoration plan shall detail t to CCC jurisdiction, no additional mitigati satisfaction of the Port in consultation wi MM 4.8-17 The Port or Port tenants, as appropriate *Applies to Significant Impact 4.8-27. Table 4.8-8 detailed in Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 837 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Commission Agency California Coastal Port in B ISTA with M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Party and -Prior to First C Port or Port M Tenants maintenance and monitoring period would be implemented following installation to ensure impact CCC jurisdictional mize impacts to sensitive habitats, detail satisfaction of the Port in consultation with the regulatory agencies, including the CCC. for this plan will be developed in consultation with the regulatory agencies. The plan shall plan shall address monitoring requirements and specify when annual reports are to be each area is successful. The restoration plan shall address monitoring requirements and l establish performance criteria for each te, shall prepare a restoration plan detailing ands to provide 0.32 acre of mitigation Parcels HP-13B and HP-7. The guidelines ng palettes, implementation procedures, and process; shall propose site preparation techniques, planting palettes, implementation implemented following installation to ensure each area is successful. The restoration identified in the annual report and remediation will occur within 3 months or the start of prepared and what they shall entail. Qualitative and quantitative assessments of the the approach to restoring those functions and what they shall entail. Qualitative and quantitative assessments of the site conditions shall be included. If the mitigation the growing season. The Port shall be responsible for ensuring that all of the success site conditions shall be included. If the mitigation standards have not been met in a l detail the site selection process; shall mitigation site. Typical success criteria may include percent canopy cover, percent of e growing season. The Port particular year, contingency measures shall be identified in the annual report and performance criteria for each mitigation site. Typical success criteria may include percent canopy cover, percent of plant survival, and percent of native/non-native canopy cover. A minimum 5-year maintenance and monitoring period would be standards have not been met in a particular year, contingency measures shall be native canopy cover. A minimum 5-year shall be responsible for ensuring that all of the success criteria are met to the procedures, and monitoring and maintenance practices; and shall establish - 66 - MM 4.8-18 Prior to the issuance of the first grading permit for activities that Mitigation Measure 3 months or the start of th the measures needed to create/restore CCC wetl summarize the approach taken to avoid and mini monitoring and maintenance practices; and shal specify when annual reports are to be prepared and values. Typically, the restoration plan shal for the 0.16 acre impact to CCC wetlands on the target functions and values, and address areas, the Port or Port tenants, as appropria propose site preparation techniques, planti plant survival, and percent of native/non- *Applies to Significant Impact 4.8-28. remediation will occur within Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 838 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Consultation Consultation Commission Agency California Coastal Port in Port in B ISTA with M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Party and -Prior to First C Port or Port Port or Port M Tenants Tenants ands. The guidelines for this plan will be successful. The restoration plan shall address monitoring requirements and specify when rt in consultation with the regulatory agencies, nt canopy cover, percent of plant survival, t for projects that impact CCC jurisdictional assessments of the site conditions shall be included. If the mitigation standards have not or the start of the growing season. The shall entail. Qualitative and quantitative restoring those functions and values. te, shall prepare a restoration plan detailing and maintenance practices; and shall establish performance criteria for each mitigation jurisdiction over these areas, the Port subject to CCC jurisdiction, no additional th the regulatory agencies, including the CCC. , will need to mitigate impacts to the 0.10-acre he site selection process; shall propose site implementation procedures, and monitoring developed in consultation with the regulatory agencies. The plan shall summarize the whether the 0.16 acre of areas identified as potentially CCC jurisdictional actually fall wing installation to ensure each area is , shall confer with CCC in order to determine been met in a particular year, contingency measures shall be identified in the annual and percent of native/non-native canopy cover. A minimum 5-year maintenance and for a total to sensitive habitats, detail the target Port shall be responsible for ensuring that all of the success criteria are met to the - 67 - Table 4.8-8 will need to mitigate the impacts at a ratio of 2:1 as detailed in seasonal pond, mapped as a CCC wetland, at a 2:1 ratio. Mitigation Measure functions and values, and address the approach to the measures needed to create/restore CCC wetl mitigation would be required. If CCC does assert report and remediation will occur within 3 months annual reports are to be prepared and what they approach taken to avoid and minimize impacts site. Typical success criteria may include perce Prior to the issuance of the first grading permi under CCC jurisdiction. If these areas are not monitoring period would be implemented follo areas, the Port or Port tenants, as appropria criteria are met to the satisfaction of the Po preparation techniques, planting palettes, Typically, the restoration plan shall detail t satisfaction of the Port in consultation wi MM 4.8-19 The Port or Port tenants, as appropriateMM 4.8-20 The Port or Port tenants, as appropriate *Applies to Significant Impact 4.8-29. *Applies to Significant Impact 4.8-30. mitigation of 0.32 acre. including the CCC. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 839 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Commission Agency California RWQCB Coastal B ISTA with M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Party and Grading Permit -Prior to First C Port or Port M Tenants grading ands. The guidelines for this plan will be successful. The restoration plan shall address monitoring requirements and specify when nt canopy cover, percent of plant survival, assessments of the site conditions shall be included. If the mitigation standards have not t for projects that impact CCC jurisdictional or the start of the growing season. The shall entail. Qualitative and quantitative restoring those functions and values. RWQCB jurisdictional waters, the Port or Port tenants, as appropriate, shall prepare and assert jurisdiction over these areas, the final Phase II design of this parcel must mitigate te, shall prepare a restoration plan detailing located, mapped as a potential CCC wetland, falls under CCC jurisdiction. If this area is mitigation would be required. If CCC does and maintenance practices; and shall establish performance criteria for each mitigation implement a restoration plan detailing the measures needed to create/restore RWQCB th the regulatory agencies, including the CCC. he site selection process; shall propose site implementation procedures, and monitoring developed in consultation with the regulatory agencies. The plan shall summarize the Prior to the commencement of grading activities for project components impacting wing installation to ensure each area is hall confer with CCC in order to determine been met in a particular year, contingency measures shall be identified in the annual and percent of native/non-native canopy cover. A minimum 5-year maintenance and ists where the LNG plant was formerly to sensitive habitats, detail the target Port shall be responsible for ensuring that all of the success criteria are met to the . - 68 - Table 4.8-8 jurisdictional waters in accordance with the acreage identified in Mitigation Measure impacts the 2.37-acre depressed area at a 2:1 ratio. functions and values, and address the approach to the measures needed to create/restore CCC wetl report and remediation will occur within 3 months annual reports are to be prepared and what they approach taken to avoid and minimize impacts site. Typical success criteria may include perce Prior to the issuance of the first grading permi whether the 2.37-acre depressed area that ex monitoring period would be implemented follo not subject to CCC jurisdiction, no additional areas, the Port or Port tenants, as appropria preparation techniques, planting palettes, Typically, the restoration plan shall detail t The Port or Port tenants, as appropriate, s satisfaction of the Port in consultation wi *Applies to Significant Impact 4.8-31. A. Packet Number MM 4.8-21 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 840 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with RWQCB with RWQCB with RWQCB Monitoring Consultation Consultation Consultation Consultation with CDFG Agency City in City in City in City in B ISTA City M ITIGATION V HULA Mitigation Timing -Prior to start of -Prior to start of Responsible Grading Permit Grading Permit Party and -Prior to First -Prior to First -Prior to First Grubbing, or C Port or Port Port or Port Developer Developer Developer Clearing, M Tenants Tenants grading grading to the satisfaction of the City. The guidelines for this plan will be developed in the City's jurisdiction shall consult with gation credits or an approved restoration plan be secured in a City-approved mitigation bank or mitigation credits or prepare and initiate implementation of a restoration plan for Phase I ion Measure 4.8-11 will satisfy this mitigation accordance with the acreage identified in restoration plan as described above. Pursuant impacts to mulefat scrub/riparian scrub at a ratio of 2:1 and southern coastal salt marsh per(s) within the City's jurisdiction shall and grubbing, the Port or Port tenants, ands, the project developer(s) shall acquire RWQCB jurisdictional waters, the Port or Port tenants, as appropriate, and applicants the RWQCB to determine whether Waste Discharge Requirements from the RWQCB ssuance of any clearing and grubbing or grading to the CWA, the Port and other applicants are required to obtain a Section 401 Water permits from RWQCB. The permit application Prior to the commencement of grading activities for project components impacting Prior to the commencement of grading activities for project components impacting ng or grading permits for projects that Prior to the issuance of the first grading permit for project components impacting protected under the City's MSCP Subarea Plan. The guidelines for this plan will be enhancement plan to the satisfaction of the City for impacts to wetland resources The project developer(s) shall prepare and implement a detailed restoration and - 69 - prepare and implement a restoration plan detailing the measures needed to shall be required for impacts to isolated waters of the State of California. Mitigation Measure as appropriate, and the project developer(s) within RWQCB jurisdictional waters, including clearing RWQCB jurisdictional waters, the project develo Prior to issuance of any clearing and grubbi create/restore RWQCB jurisdictional waters in permits. Alternatively, completion of Mitigat Quality Certification permit from RWQCB. other approved location. Verification of miti consultation with the regulatory agencies. impact City of Chula Vista designated wetl process would also entail approval of the within the City's jurisdiction shall obtain at a ratio of 4:1. Mitigation credits shall *Applies to Significant Impact 4.8-34. shall be provided to the City prior to i measure as well. Table 4.8-8 B.C.D. A. Packet Number MM 4.8-22 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 841 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing Responsible Grading Permit Grading Permit Building Permit Party and -Prior to First -Prior to First Grubbing, or Grubbing, or C Developer Developer Clearing, Clearing, M successful. The restoration plan shall address monitoring requirements and specify when nt canopy cover, percent of plant survival, the Port or the City, to verify that the assessments of the site conditions shall be included. If the mitigation standards have not or the start of the growing season. The shall entail. Qualitative and quantitative restoring those functions and values. required regulatory permits, such as those required under Section 1602 of the California minimum intensity, maximum off-phased (3 seconds between flashes) white strobes , building plans shall be reviewed by a qualified and maintenance practices; and shall establish performance criteria for each mitigation jurisdictional waters, the project developer(s) shall provide evidence to the City that all be installed on or near the building unless he site selection process; shall propose site implementation procedures, and monitoring developed in consultation with the regulatory agencies. The plan shall summarize the or grading permits for areas that impact ign features to avoid or to reduce the wing installation to ensure each area is been met in a particular year, contingency measures shall be identified in the annual and percent of native/non-native canopy cover. A minimum 5-year maintenance and to sensitive habitats, detail the target Fish and Game Code and Section 13260 of the California Water Code, have been reasons (FAA 2000 Advisory Circular), City shall be responsible for ensuring that all of the success criteria are met to the - 70 - satisfaction of the City in consultation with the regulatory agencies. potential for bird strikes, including but not limited to the following: required by the Federal Aviation Administration (FAA). Mitigation Measure biologist retained by the developer and approved by functions and values, and address the approach to report and remediation will occur within 3 months annual reports are to be prepared and what they proposed building has incorporated specific des approach taken to avoid and minimize impacts site. Typical success criteria may include perce Prior to issuance of clearing and grubbing monitoring period would be implemented follo No solid red or pulsating red lights shall Where lighting must be used for safety preparation techniques, planting palettes, Typically, the restoration plan shall detail t MM 4.8-23 Prior to issuance of any building permits *Applies to Significant Impact 4.8-35. Lighting obtained. B. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 842 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M Office space, residential units, and hotel rooms shall be equipped with blinds, drapes, in the spring (from March to May) and Fall (from August to October). All event lighting general public safety and way finding, including signage for building identification and ontal mullions or other fenestration patterns s shall be used during bird migration periods or other window coverings that may be closed to minimize the effects of interior night Exterior lighting shall be limited to that which is necessary and appropriate to ensure indicate to birds that the glass surface is solid by creating visual markers and muting ard and shielded to prevent upward lighting Buildings shall incorporate measures to the satisfaction of the Port or the City to hangs, bris sole, or other exterior sun- Office space, residential units, and hotel rooms shall be equipped with motion shall be directed downward and shielded, unless such directed and shielded and to minimize light spill beyond the area for which illumination is required. ills, or louvers sensors, timers, or other lighting control systems to ensure that lighting is - 71 - age window stenciling and angling. minimized light spills beyond the area for which illumination is required. These measures may include but are not limited to the following: Use of reflective coatings on any glass surface is prohibited. screening, decorative gr Glass surfaces which are tilted at a downward angle Mitigation Measure Glass surfaces which use fritted or patterned glass extinguished when the space is unoccupied. Glass surfaces which use vertical or horiz No solid spot lights or intense bright light Glass surfaces which are non-reflective Glass surfaces which use awnings, over Exterior lighting shall be directed downw Project design standards will encourGlass surfaces which are fitted with Glass and Reflection shading devices shall be used. way finding. reflection. lighting. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 843 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M located generally on the southern portion of er Wildlife Habitat Areas. Site plans on secondary and tertiary setbacks, stepped back building design, protruding balconies, parcels adjacent to Wildlife Habitat Areas will maximum distance between structures ed and glass surfaces shall incorporate areas, the building's edge shall be clearly Structure design features that reduce or avoid the potential for bird strikes, such as extent feasible. Balconies and other elements will step back from the water's edge. constructed of clear glass and "see through" pathways through lobbies, rooms and Buildings will be sited and designed to minimize glass and windows facing Wildlife that counter the reflection of glass Interior plants shall be located a minimum of 10 feet away from glass surfaces to ude incorporating secondary and tertiary ssible. Design for towers on Parcel H-3 recessed windows, and mullioned glazing systems, shall be incorporated to the Parcels containing surface parking, such as those depicted for the Sweetwater measures so that exterior trees and landscaping are not reflected on building Design features that increase the potential for bird strikes, such as walkways the parcel with building heights decreasing towards the north and west. The should avoid east-west monolith massing and should include architectural ilms or coatings perceivable by birds - 72 - defined with opaque materials and non-reflective glass. Mitigation Measure corridors, shall be avoided to the extent feasible. avoid or reduce the potential for attracting birds. Artwork, drapery, banners, and wall coverings District, will be designed with parking lots near Exterior trees and landscaping shall be locat surfaces or block "see through" pathways. The tallest buildings on Parcel H-3 will be In small exterior courtyards and recessed Habitat Areas to the maximum extent po foregoing will not be interpreted to precl Glass surfaces which use external f setbacks along public streets. Building Articulation and such areas. articulation. Landscaping surfaces. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 844 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M t cooperation in reducing bird collisions For Phase I projects, the project applicant shall retain a qualified biologist to design a bulletins during spring and fall migratory reduce or avoid the potential for bird strikes, such as elevator and lobby signage and coverings to reduce or avoid the potential shall implement an ongoing procedure to the resident, and guest education strategies, to the satisfaction of the Port or the City, to . Nighttime lighting in tower buildings Fish and Wildlife, will evaluate whether further action is required, which may include protocol and schedule, in consultation with the U.S. Department of Fish and Wildlife those reports, the Port or the City, as h may occur during the first 12 months after must be addressed and evaluated through adaptive management. Minimization of appropriate depending on jurisdiction, in coordination with the U.S. Department of impacts of buildings on birds and the Wildlife Habitat Areas will be a priority in the which shall state the biologist's findings and recommendations regarding any bird selection of window coverings, glass color, other exterior materials, and design of satisfaction of the Port or the City to encourage tenants, residents, and guests to the completion of construction. Within 60 days after completion of the monitoring am" and shall implement ongoing tenant, a written report to the Port or the City, shall enroll in the Fatal Light Awareness Bird strikes must be monitored in accordance with the NRMP and measures and subject to the approval of the Port or City, as appropriate depending on - 73 - Mitigation Measure developed to address persistent problem areas *Applies to Significant Impacts 4.8-36 and 4.8-37. strikes that occurred. Based on the findings of seasons, and other activities designed to enlis educational displays, e-mail alerts and other close their blinds, drapes, or other window period, the qualified biologist shall submit The owner or operator of each building The owner or operator of each building Program's "Bird-Friendly Building Progr jurisdiction, to monitor bird strikes whic exterior lighting and lighting of signs. further monitoring. with the building. for bird strikes. Public Education Monitoring Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 845 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with qualified with qualified with qualified Monitoring coordination coordination coordination Agency biologist biologist biologist Port in Port in Port in B ISTA Port M ITIGATION V HULA Port in coordination Mitigation Timing concurrent with Responsible Party and completion of with qualified C construction construction construction -Prior to or Developer Developer M - Prior to biologist -Prior to Port ll be conducted within 30 days of the cessation The pre-construction survey must be conducted during the period of March through October all be conducted by a qualified marine biologist er during Phases II and IV or work within shall determine the area of the existing navigation channel, to the satisfaction of a qualified marine biologist. act amount of eelgrass affected. The difference during Phases II and IV or work within Parcel criteria are not met (including presence proposed H Street Pier site and transplanting it at an appropriate location within the filled fected at the time of pile driving operations. a plan to create new eelgrass habitat. The HW-4, the Port shall create new eelgrass habitat at a ratio of 1.2:1 for the actual amount of impacts. This shall be done by removing the existing eelgrass currently located at the considerations) a Supplementary Transplant Area to be constructed and monitored ely 0.4 acre of eelgrass shall require of green sea turtles based on soundings from the existing tagging program), which during Phases II and IV or work within Parcel and would be valid for a period of no more than 60 days, with the exception that surveys Prior to or concurrent with the completion of the H Street Pier or work within Parcel Specific milestones and criteria for success are directed in the SCEMP along with loss of eelgrass habitat must be mitigated at a 1.2:1 ratio as described in the SCEMP Conduct monitoring reports at 6, 12, 24, 36, 48, and 60 months post-transplant. ss survey shall be conducted by a qualified the creation of approximately 0.48 acre of eelgrass to mitigate losses caused by conducted in August through October would be valid until the following March 1. - 74 - would require (based on the absence of other mitigating environmental tion eelgrass surveys onstruction (Initial Report). amount of required mitigation. In addition, the Port shall: Mitigation Measure (NMFS 1991, Revision 11). Impacts to approximat Subsequent to construction of the H Street Piguidelines for remedial actions if the success between the pre-construction and post-construc to confirm the exact amount of eelgrass to be af HW-4, the Port shall establish and implement Prior to construction of the H Street Pier HW-4, a pre-construction eelgrass survey sh Prior to construction of the H Street Pier biologist. The post-construction survey sha Conduct transplant reports following c of construction activities to confirm the ex Parcel HW-4, a post-construction eelgra construction of the H Street Pier. B.C.D. A. Packet Number May 2010 MM 4.9-1 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 846 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA Port Port Port Port M ITIGATION V HULA Mitigation Timing coordination with a coordination with a coordination with a qualified biologist qualified biologist qualified biologist Responsible Party and Developer in Developer in Developer in C Developer M 1.2:1 ratio as described in the SCEMP (NMFS 1991, Revision 11). Based on this formula, for the loss of eelgrass from the channel realignment and completion of the H Street Pier. feet MLLW. The fill would modify deep and moderately deep open-water habitat to create onstruction survey shall be conducted within t-construction eelgrass survey shall be ss of eelgrass habitat shall be mitigated at a A mitigation plan with an implementation schedule shall be prepared 30 days prior to e-construction survey shall be conducted 5.5 transplantable habitat at a depth ideal for eelgrass in this section of the Bay to mitigate during the period of March through October and would be valid for a period of no more 30 days of the cessation of construction activities to confirm the exact area of eelgrass Initiate mitigation within 135 days of project inception; projects requiring more than d to confirm the exact area of impact at Specific milestones and criteria for success are directed in the SCEMP along with construction and post-construction eelgrass eelgrass share monitoring reports, as necessary. surveys shall determine the amount of required mitigation. In addition, the Port shall: than 60 days, with the exception that surveys conducted in August through October Conduct monitoring reports at 6, 12, 24, 36, 48, and 60 months post-transplant. Prior to the commencement of in-water work on the channel realignment, a pre- 3 to approximately 83 acres of shallow-water habitat. This area would provide enough An estimated 83 acres of the existing navigation channel shall be filled to - 75 - impacts to 45.9 acres of eelgrass would require approximately 55.1 acres of construction (Initial Report). 135 days to complete would result in additional mitigation. Mitigation Measure *Applies to Significant Impacts 4.9-1, 4.9-2, and 4.9-4. Subsequent to dredge and fill operations, a pos construction eelgrass survey shall be conducte the time of dredging and fill operations. The pr Coordinate with Sweetwater Authority to conduced by a qualified biologist. The post-c any construction or dredge activities. The lowould be valid until the following March 1. affected. The difference between the pre- Conduct transplant reports following for an additional 5 years. restoration. B.C.D. A. Packet Number May 2010 MM 4.9-2 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 847 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA Port Port Port M ITIGATION V HULA Mitigation Timing -Prior to start of -Prior to start of -Prior to start of Responsible Party and improvements improvements improvements C Port or Port Port or Port Port or Port M Tenants Tenants Tenants harbor harbor harbor ct. As detailed in Mitigation Opportunities, criteria are not met (including presence shall require the in-kind creation of approximately 0.06 acre, and less than 0.001 acre of Prior to the commencement of harbor improvements on Parcel HW-3, which includes identify the total impact area and required mitigation for the loss of intertidal mudflat and harbor reconfiguration, the mitigation for subsequent environmental review pursuant to State CEQA Guidelines Section 15168 to the placement of bulkheads, the Port or Port tenants, as appropriate, shall prepare and Appendix 4.8-12 considerations) a Supplementary Transplant Area to be constructed and monitored mudflat and 4:1 for pickleweed. Impacts to approximately 0.03 acre of intertidal mudflat are anticipated to be of green sea turtles based on soundings from the existing tagging program), which Initiate mitigation within 135 days of project inception; projects requiring more than implemented during Phase I. The Port shall verify that the creation of intertidal mudflat to this report, which includes the creation of additional mudflat through the removal of pickleweed shall require creation of approximately 0.004 acre of comparable habitat. share monitoring reports, as necessary. impacts to intertidal mudflat and pickleweed shall be re-evaluated by the Port during ), . At the time project . initiate implementation of a plan to create new habitat at a ratio of 2:1 for intertidal Jaumea carnosa ) with Appendix 4.8-12 - 76 - would require (based on the absence of other mitigating environmental Salicornia virginica Restoration shall occur in accordance with Mitigation Opportunities, satisfies the required mitigation once the final impacts are verified. ), fleshy Jaumea ( Appendix 4.8-12 ), and others as listed in Table 4 of 135 days to complete would result in additional mitigation. Appendix 4.8-12 this created habitat would be dominated by pickleweed ( Mitigation Measure Currently, the mitigation opportunities detailed in guidelines for remedial actions if the success riprap on the Bay shore in the Sweetwater Distri specific designs are proposed for the Phase IV Batis maritime Restoration shall occur in accordance with Coordinate with Sweetwater Authority to *Applies to Significant Impact 4.9-3. subdominants including saltwort ( for an additional 5 years. Frankenia salina alkali heath ( pickleweed. A.B.C. Packet Number May 2010 MM 4.9-3 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 848 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port/City and Monitoring with USACE coordination USACE and responsible RWQCB in Agency agencies resource RWQCB B ISTA other M ITIGATION V HULA Mitigation Timing -Prior to dredging Responsible Grading Permit USACE Permit Party and -Prior to First -Prior to First C Developer Applicant M activities Port Port shall develop and implement a plan for the silt curtain shall be required. However, RWQCB and the Port/City an evaluation showing that the sediment would be suitable for work plan to remediate bay sediments in accordance with permitting requirements of the dredge and/or fill operations in the Bay or determine the amount of bay sediment that requires remediation and develop a specific Section 4.6, idity from traveling outside the immediate Prior to issuance of a grading permit for marina redevelopment on HW-1 and HW-4, allowing it to drain, and analyzing the nature and extent of any contamination. Pending necessary, the silt curtain shall be anchored along the ocean floor with weights (i.e., a MM 4.9-5 For the in-water construction components to be completed in Phase IV, the amount of es, the curtains shall be removed. If the requires the implementation of BMPs, including the use of silt curtains during in-water the developer shall submit a work plan for approval by the RWQCB and Port/City that dredging and storage of material to the satisfaction of responsible resource agencies, if contaminants are actually present, the applicant would be required to provide to the Chula Vista Harbor, the applicant shall conduct a focused sediment investigation and chain) and anchored to the top with a floating chain of buoys. The curtain shall wrap disposal of dredge material shall be construction to minimize sediment disturbances, and the confinement of potentially submit it to USACE and RWQCB for review and approval. The applicant shall then RWQCB. The work plan shall include but not be limited to: dredging the sediment, ment exists. If a silt curtain should be the outcome of the analytical results, a decision by RWQCB shall prescribe the - 77 - dredging shall be determined during final design of the marinas and harbor performed in accordance with the provisions of Mitigation Measure 4.6-6 in and all applicable federal, state, and local regulations. requirements for disposition of any contaminated sediment. Mitigation Measure sediment would be suitable for ocean disposal, no including USACE. The storage and/or landside Prior to issuance of a permit by USACE for project area. Once the impacted region resettl around the area of disturbance to prevent turb contaminated sediment if contaminated sedi reconfiguration. Prior to any dredging, the *Applies to Significant Impact 4.9-5. *Applies to Significant Impact 4.9-6. ocean disposal. Air Quality A.B. Packet Number May 2010 MM 4.9-4 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 849 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and Development -Prior to First C Applicants M Coastal Permit Native American monitors are accepted. site improvements. The monitors shall be present during the original cutting of previously to mitigate impacts shall be prepared and the County coroner shall be contacted. In MM 4.9-6 Prior to issuance of Coastal Development Permits, applicants shall submit a lighting plan previously unidentified cultural resources are of Land Use Planning. Elements of the program illustrate the location of the proposed lighting standards and type of shielding measures. ions in the area of discovery to allow areas adjacent to open water shall be directed away from the water, wherever feasible and photometric analysis to the Port for review and approval. Lighting of all developed eas identified for excavation, including off- 4.10 The Port shall implement a grading, monitoring, and data recovery program to reduce and consistent with public safety. Lighting fixtures shall provide adequate shielding to approved by the County, then carried out using professional archaeological methods. undisturbed deposits. In the event that a previously unidentified potentially significant haeological monitor shall have the authority to artifact and research data within the context shall be completed and submitted to the the Native American Heritage Commission Low-pressure sodium lighting or the equivalent shall be used if feasible and shall be archaeological resources on the Proposed the event that the remains are determined to be of Native American origin, the Most protect the aquatic habitat and marine life from night lighting. The lighting plan shall discovered, a report documenting the field and analysis results and interpreting the ogist to determine proper treatment and . For significant cultural resources, a - 78 - Mitigation Measure divert or temporarily halt ground disturbance operat satisfaction of the Director of Land Use Planning. will include that only certified archaeologists and In the event that human bones are discovered, Research Design and Data Recovery Program The project archaeologist shall monitor all ar evaluation of potentially significant resourcedisposition of the remains. In the event that shall be contacted by the project archaeol potential impacts to undiscovered buried Likely Descendant (MLD) as identified by Project to the satisfaction of the Director cultural resource is discovered, the arc *Applies to Significant Impact 4.9-7. *Applies to Significant Impact 4.9-8. subject to the approval of the Port. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 850 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port or City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing -Prior to issuance coordination with Responsible of any grading Party and paleontologist Applicant on C M qualified permit report that outlines the results of the t, divert, or halt grading to allow recovery methods used, stratigraphy exposed, fossils collected, and significance of recovered MM 4.11-1 Prior to the issuance of any grading permit in the Sweetwater District, the applicant shall paleontological procedures and techniques) rict. The paleontological monitor shall be cal resource mitigation program and shall The paleontological monitor shall be on site at all times during the original cutting of collection and salvage of fossil materials) who at all times shall work under the direction paleontologist or monitor, a screen-washing operation for small fossil remains shall sensitive geologic formations to inspect instances where recovery requires an extended salvage time, the paleontologist or * This measure is not associated with a significant impact related to cultural resources; who shall carry out the following mitigation program. Fieldwork may be conducted by a cuts for contained fossils in the low coastal mesa adjacent to Bay Boulevard in the All work shall be completed to the satisfaction of the Port or the City of Chula Vista, as maps, shall be deposited (with the applicant's permission) in a scientific institution The paleontologist shall attend all pre-grading meetings to inform the grading and Recovered fossils, along with copies of all pertinent field notes, photographs, and is report shall include discussion of the qualified paleontological monitor (defined as an individual who has experience in the on site during the original cuts in deposits with a moderate resource sensitivity. retain a qualified paleontologist (defined as an individual with an M.S. or Ph.D. in or monitor shall recover them. In ensure appropriate implementation and - 79 - of fossil remains in a timely manner. Where deemed appropriate by the consult with them with respect to its implementation. Mitigation Measure with paleontological collections. A final summary monitor shall be allowed to temporarily direc northeastern portion of the Sweetwater Dist previously undisturbed sediments of highly If fossils are discovered, the paleontologist excavation contractors of this paleontologi mitigation program shall be completed. Th paleontology or geology who is familiar with however, it has been incorporated to of the qualified paleontologist. be set up. enforcement. appropriate. fossils. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 851 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT /DEH/ DTSC /DEH/ DTSC Monitoring Port and/or Agency RWQCB RWQCB B ISTA City M ITIGATION V HULA Mitigation Timing coordination with a Construction and Responsible Party and environmental -Prior to First -Prior to First Construction Construction C Excavation, Excavation, Applicant in Demolition. Grading, or Demolition. Grading, or Excavation consultant Permit for Permit for Applicant Applicant M qualified -Prior to site that has a previously closed case or on a site included on a list of hazardous materials sites compiled pursuant to Government ng, testing, handling, storage, and disposal of acceptable to the governing agency and that the proposed development parcel has been n contamination and subsurface equipment A Soil and Water Management Plan (SWMP) for Phase I activities shall be developed of the area and shall be protective of impact. The SWMP shall be approved by the Port and/or City prior to commencement of of these areas. The applicant shall submit and City to confirm meeting all requirements going monitoring obligations. A copy of the the area of concern described in the permit il and/or groundwater in the area covered development. The plan shall be developed by a qualified environmental consultant and ing construction and excavation. A SWMP on of the regulatory agency. In the situation activities in the area described in the relevant permit based on the planned future use, excavation, demolition, grading, or construction construction and excavation or such groundwater in these areas shall meet cleanup requirements established by the local impacts associated with hazardous materials contamination to a less than significant groundwater) measures to avoid or reduce by the permit shall have been avoided or remediated to meet cleanup requirements regulatory agency (RWQCB/DEH/DTSC) to (RWQCB/DEH/DTSC) confirming the completion of any remediation required for based on the planned future site use. Remediation of contaminated soil and/or horization from the regulatory agency - 80 - Code Section 65962.5, the DEH shall be notified of the proposed land use. established by the local regulatory agencies (RWQCB/DEH/DTSC). Mitigation Measure regulatory agency based on the planned future use where previous contamination has occurred on a for subsequent phases shall be prepared prior to human health with regard to future occupants documentation showing that contaminated so development of the site, exclusive of any on- to provide procedures for addressing unknow(i.e., pipes, tanks) or debris encountered dur discuss the appropriate course of action for shall identify notification, monitoring, sampli authorization shall be submitted to the Port cleaned up or is in process to the satisfacti contaminated media or substances (soil, The applicant shall obtain written aut The applicant shall contact the lead MM 4.12-1 Prior to the issuance of any permit for *Applies to Significant Impact 4.11-1 the following shall occur: A.B.C. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 852 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT /DEH/ DTSC /DEH/ DTSC Monitoring Port and/or Agency RWQCB RWQCB RWQCB B ISTA City M ITIGATION V HULA Mitigation Timing Port and/or City Responsible Party and C Applicant M on. A qualified environmental consultant shall Health and Safety Regulation. Excavated soils impacted by hazardous materials or waste tivities in accordance with the plan. Any observe the contamination, consult with the accordance with CCR Title 14 and 22. The San ion is encountered. The responsibility of this ly disposed of at an off-site facility. Fill is required to characterize soil prior to waste, the Port and/or City shall ensure compliance with State of California CCR Title 23 vities result in the discovery of hazardous Within one month of completion of cleanup activities, a report summarizing the results of In areas that have been identified as being contaminated, appropriate observation by a isions for possible reuse as backfill of registered in the State of California on ll be limited to the extent practicable and monitoring shall be submitted by the applicant to the satisfaction of the Port and City. posure to the workers or public. These soils impacted by hydrocarbons. Excavated soils shall be lined and covered with an l be characterized to determine disposal professional would be to monitor the work site for contamination and to implement ssary, report the result, and provide If indications of contamination are encountered during construction, a qualified ironmental media (soil, soil gas, and - 81 - ported soil is free of contamination. impermeable material to prevent spread of contaminated material. Mitigation Measure qualified environmental professional and sampling off-site disposal. Contaminated soil shall be proper monitor excavations, grading, and construction ac measures may include signage and dust control. Diego RWQCB shall be contacted regarding prov The applicant must have an Industrial Hygienist In the event that grading or construction acti environmental consultant shall be retained to site while working in areas where contaminat mitigation measures as needed to prevent ex excavation, grading, demolition or constructi groundwater) sampling and analysis as neceDewatering activities during construction sha excess soil generated by construction shal shall be characterized and disposed of in regulatory oversight agency, perform env soils shall be sampled to ensure that im recommendations or further action. options. D. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 853 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency RWQCB B ISTA Port Port Port M Developer ITIGATION V HULA qualified consultant Mitigation Timing coordination with a Construction and -Prior to start of Responsible Party and C construction Applicant in Excavation Developer Developer M -Prior to (e.g., fuels, solvents) that would be present for the construction of the Proposed Project, if not covered under their approved SWPPP. of or released onto the ground, the underlying work practices necessary to effectively comply with the be conducted in accordance with Mitigation Measure a Business Emergency Plan (BEPP) is prepared groundwater, or any surface water. Totally enclosed containment shall be provided for all authorized to treat, store, or dispose of applicable environmental laws and regulations, including, without limitation, hazardous minimize their occurrence, and how to respond should they occur. The plan shall also 3, 4.12-7, 4.12-12, 4.12-13, 4.12-17, and and subcontractor project personnel shall receive petroleum products, and other potentially hazardous materials shall be removed to a sted to determine treatment and disposal ash and litter, garbage, other solid waste, and project site. Contingency analysis and planning shall be presented to identify potential spill or accident situations, how to identify spill response materials (e.g., absorbent pads, shovels) to be kept at the - 82 - Hazardous materials spill kits shall be maintained on site for small spills. options in accordance with all applicable laws and regulations. Mitigation Measure materials spill prevention and response measures. hazardous waste facility permitted or otherwise Section 4.5, Hydrology/Water Quality. The plan shall identify all hazardous materials *Applies to Significant Impacts 4.12-1, 4.12- Hazardous materials shall not be disposed water generated by dewatering shall be te trash. All construction waste, including tr The Port of San Diego shall require that on any portion of the construction area *Applies to Significant Impact 4.12-2. *Applies to Significant Impact 4.12-4 construction site and their locations. MM 4.12-3 In-water construction activities shall MM 4.12-2 Prior to construction, all contractor training regarding the appropriate such materials. 4.12-18. 4.5-4 in Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 854 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring coordination Regulatory Regulatory regulatory Agency RWQCB) RWQCB) with lead (DEH or (DEH or Agency Agency agency Port in B ISTA Lead Lead M ITIGATION V HULA Mitigation Timing Demolition Permit -During grading -During grading Responsible Party and -Prior to First C Applicant Applicant Applicant M activities activities BPs, the applicant shall conduct a survey regarding the contamination. Each agency and program within the respective agency has materials in accordance with all applicable federal, state, and local laws, regulations, and the oversight of the appropriate regulatory might contain PCBs, fluorescent light tubes geration systems. Should ACMs, LBPs, or until appropriate health and safety procedures redeveloped, a geophysical survey shall be conducted by the applicant to evaluate if there other miscellaneous hazardous building materials be encountered in the site structures, groundwater within the vicinity of the USTs shall that might contain a radioactive source, air miscellaneous hazardous materials, such as potential mercury-containing thermostats MM 4.12-5 Prior to the issuance of a demolition permit for buildings scheduled for demolition that minimize the potential for construction delays. In addition, the lead regulatory agency to determine the locations and amounts of ACMs and LBPs present, as well as other be adequately characterized and remediated, if necessary, to a standard that would be ng still existing in areas to be redeveloped. agency. Parcels contaminated with hazardous materials will be remediated to levels contamination remediation and removal activities in accordance with pertinent local, the applicant shall obtain a licensed abatement contractor to remove the hazardous protective of water quality and human health, based on future site use. In areas to be conditioning systems, lead-acid batteries and batteries associated with emergency ctor procedures for such an event, to are implemented pursuant to the applicantÓs contingency plan. The applicant shall (DEH or RWQCB, depending on the nature of the contamination) shall be notified In the event that USTs are not identified in the HMTS or undocumented areas of activities (as indicated by odors, its own mechanism for initiating an investigation. The applicant shall conduct - 83 - permitting requirements prior to initiation of demolition activities. adequate to protect human health and the environment. Mitigation Measure have not been surveyed to date for ACMs and L contamination are encountered during grading state, and federal regulatory guidelines, under lighting systems, and Freon©-containing refri and switches, light ballasts and switches that prepare a contingency plan to address contra that might contain mercury vapor, exit signs are any previously unidentified USTs or pipi discolored soil, etc.), all work shall cease MM 4.12-4 In event of removal of USTs, the soil and *Applies to Significant Impact 4.12-5. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 855 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port and City P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Monitoring DEH and/or Regulatory Agency RWQCB) RWQCB (DEH or Agency B ISTA Lead M ITIGATION V HULA Mitigation Timing Demolition Permit pesticides/herbicid activities result in coordination with exposure of any management of Responsible Party and -When grading soil containing environmental Port and City -Prior to First Port and City C construction Applicant in Developer consultant -Ongoing M - Prior to qualified parks es ties for known contamination shall be performed to d as required by applicable law, to reduce t site must be required to comply with the disposal of the contaminated soils at an implemented. Capping could be performed by placement of a clean soil fill layer over the by other surface covers (i.e., turf and other ovide recommendations for further action. surface waters must be minimized and use of these facilities has impacted the underlying landscaped areas. In addition, fertilizers must be minimized and only non-toxic products ximized. Measures shall be employed to on, a qualified environmental consultant not get into surface waters or habitat agency, perform environmental media (soil, soil gas, and groundwater) sampling and Port and City's Integrated Pest Management Policies (IPM). IPM shall be used on all ion, consult with the regulatory oversight MM 4.12-8 For development in the Sweetwater District that would result in exposure of any soil inspection of the facilities that have permits to store hazardous materials to confirm currently store hazardous materials are Prior to any proposed demolition activities, the applicant shall conduct a thorough he project site, as required by Mitigation located at 596 Sandpiper Way, 997 G Street, and 979 G Street. If indications of potential for future site occupants' exposure. Otherwise, soil capping shall be - 84 - Mitigation Measure containing pesticides/herbicides, excavation and ensure that landscape chemicals and wastes do MM 4.12-7 Management of the parks throughout the projec contamination are encountered during demoliti mulching and drip irrigation, where needed, ma appropriately licensed facility shall be conducte analysis as necessary, report the result and pr impacted soil, which in turn could be overlain whether a release of hazardous materials at shall be retained to observe the contaminat soil and/or groundwater. The facilities that used. Runoff from irrigation sprinklers into be protective of construction workers on t MM 4.12-6 Prior to construction, remediation activi *Applies to Significant Impact 4.12-6. *Applies to Significant Impact 4.12-8. *Applies to Significant Impact 4.12-9. *Applies to Significant Impact 4.12-7. vegetative cover and pavement). . Measure 4.12-1 areas. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 856 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Port and/or Port and/or City and/or City and/or Agency B ISTA Port Port City City M ITIGATION V HULA Mitigation Timing coordination with coordination with Review Approval specific designs -Prior to Design qualified expert qualified expert Responsible redevelopment Party and -When Project are proposed /construction C Applicant in Applicant in Developer Applicant M -Prior to view pursuant to State CEQA Guidelines. contaminated with hazardous materials will be remediated to levels adequate to protect human through IV, a site assessment must be conducted by a qualified expert satisfactory to the exceeding health-based remediation criteria shall be implemented to reduce the risk to below a level of significance. These measures ures may include vapor barriers or passive the satisfaction of the City and/or Port that proposed buildings shall be designed so as to Remediating the contaminant sources and impacts in the respective media (i.e., soil, a receptor in a parcel, mitigation measures . Parcels groundwater on the parcel proposed for development. Further site assessment may be for development on Parcels H-3, H-13, H-14, H- 15, and HP-5, the applicant shall submit a design plan for the project demonstrating to HHRA, or other means of evaluation, must be prepared for any new development in Implementing institutional and/or engineering controls to eliminate the pathway of posure to levels below the health-based prevent a risk to human health associated with intrusion of CVOC vapors into future are proposed for any development in Phases II City and/or Port to determine concentrations of contaminants in soil, soil gas, and Phases II through IV, analyzing each parcel proposed for development within the confirmation sampling to demonstrate that the COPCs have been removed and Proposed Project area. If the calculated risk from the HHRA (or other means of soil gas, groundwater) to levels below the health-based remediation criteria shall be performed prior to redevelopment as targeted "hotspot" removal with - 85 - 4.12-11, 4.12-16, 4.12-19, and 4.12-20. concentrations in remaining soil are less than the remediation criteria. Mitigation Measure required as part of subsequent environmental re buildings on these parcels. Such design meas evaluation) is considered to be significant for concern or attenuate the contaminant ex Remediation in soil locations identified as may include one or both of the following: MM 4.12-10 Prior to the approval of Design Review *Applies to Significant Impact 4.12-10 MM 4.12-9 At the time project specific designs health and the environment. *Applies to Significant Impacts remediation criteria. vent systems. A. A Packet MM 4.12-11 Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 857 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port P Completion ASTER Date of R ONITORING AND M AYFRONT City Monitoring Port and/or Port and/or Agency B ISTA City City City M ITIGATION V HULA nfiguration of parks Mitigation Timing reconstruction/reco -Prior to Building Permit Approval Responsible Building Permit redevelopment redevelopment Party and -Prior to First /construction /construction C Developer Developer Applicant Applicant M -Prior to -Prior to -Prior to Port for any residential project, the applicant shall pay shall post a public notice at each affected park site at least 30 days prior to commencement Code Section 65996(b)). Once the statutory school mitigation fee (sometimes referred to construction activities in order to protect ion of park closure and information related to of construction activity and maintain the posting throughout reconstruction of each affected school facilities mitigation" (Government construction workers in these areas. This parcel shall be remediated to levels adequate as a "developer fee") is paid, the impact would be deemed mitigated as a matter of law. r to construction activities depending on the ion of existing parks within the Project, the Port contain COPCs at concentrations exceeding "mitigating" school facilities impacts of projects (Government Code Section 65996(a)). and park fees, including those set forth in required school mitigation fees. As indicated above, the fees set forth in Government any project within the City's jurisdiction, the Remediation of the areas of HP-5 that contain concentrations of CVOCs may be performed by various methods, including soil vapor extraction and treatment. Any design of proposed development and the potential for workers to be exposed to Code Section 65996 constitute the exclusive means of both "considering" and - 86 - optional locations for public park and recreational facilities. Mitigation Measure Chapters 3.50 and 17.10 in the City's Municipal Code. *Applies to Significant Impacts 4.12-14 and 4.12-15. required remediation shall be performed prior to to protect human health and the environment. They are "deemed to provide full and complete park. Said public notice shall identify the durat applicant shall pay all applicable recreation remediation criteria shall be completed prio Remediation of the areas of HP-5 that MM 4.13.3-1 Prior to reconstruction and/or reconfigurat MM 4.13.3-2 Prior to approval of a building permit for *Applies to Significant Impact 4.13.3-2. *Applies to Significant Impact 4.13.3-1. MM 4.13.4-1 Prior to the issuance of building permits contamination in these areas. B.C. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 858 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Port and/or Agency B ISTA City M ITIGATION V HULA Mitigation Timing Responsible Party and C construction Developer Developer M -During -During generating equipment shall be shielded from noise sensitive receptors by attenuating hose originally provided by the manufacturer; or shielded, and mobile noise generating equipment and machinery shall be shut off necessary tasks with the lowest sound level and the lowest acoustic height possible isting customers who cannot experience flow All construction equipment powered by gasoline or diesel engines shall have sound ted noise impacts, the following measures shall be existing infrastructure shall be shrouded tions to existing water facilities, both ch as pumps and generators, shall be tanks, equipment storage, staging, and warm-up areas shall be located as far from itive receptors. Where practicable, noise- 7:00 a.m., and Saturday and Sunday from 10:00 p.m. to 8:00 a.m., pursuant to the Monday through Friday from 10:00 p.m. to on- and off-site, and may need to occur between the hours of 10:00 p.m. and 6:00 noise reducing engine housings. Water 17.24.050 (Paragraph J). It should be noted, typical breeding season of January 15 to August 31 adjacent to the Sweetwater Marsh water improvements shall be limited during the sources located less than 200 feet from Construction equipment shall be selected as those capable of performing the shall be required to use the shortest possible route to and from I-5, provided the route does not expose additional - 87 - no equipment shall be permitted to have an unmuffled exhaust. Mitigation Measure *Applies to Significant Impacts 4.14.1-1 and 4.14.1-2. *Applies to Significant Impacts 4.13.4-1 and 4.13.4-2 to perform the required construction operation. however, that construction may require connec All stationary noise generating equipment, su Any impact tools used during demolition of located as far as possible from noise sens sensitive receptors shall be equipped with Construction vehicles accessing the site Construction activity shall be prohibited control devices at least as effective as t barriers or structures. Stationary noise noise sensitive receptors as possible. a.m. in order to minimize impacts to ex Chula Vista Municipal Code Section restrictions during daytime hours. MM 4.14.1-2 Construction-related noise from off-site MM 4.14.1-1 To avoid significant construction-rela receptors to noise. when not in use. followed: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 859 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port or City City P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing -Prior to Building Permit Approval construction or if during breeding -Prior to start of Responsible season prior to Party and C construction construction Applicant(s) Developer M grading -During City breeding season or adjacent to the marshes, the project developer shall prepare and submit exceed this level, or ambient noise levels if NWR, F & G Street Marsh, and the J Street Marsh. The current accepted noise threshold is and approval by the Port (for development on e levels below the threshold. If noise barriers , which shall determine whether noise barriers ctor of Public Works (for development on and the Director of Public Works (for r capacity to serve the proposed development. ted noise impacts, the following measures shall be for all Phase I projects, the applicant(s) 7:00 a.m., and Saturday and Sunday from 10:00 p.m. to 8:00 a.m., pursuant to the Monday through Friday from 10:00 p.m. to development, no building permit shall be approved for the proposed development until MM 4.14.2-1 Prior to the approval of a building permit for any development in Phases III and IV, the an for review and approval by the Port (for higher than 60 dB(A) during the breeding season. If construction does occur within the the City has acquired adequate sewer capacity to serve the proposed development. In the event the City does not have adequate sewer capacity to serve the proposed or construction activities are unable to result in a level of noise below the threshold, construction in these areas shall be delayed until the end of the breeding season. Prior to commencement of grading activities for all subsequent phases, the - 88 - Chula Vista Municipal Code Section 17.24.050 (Paragraph J). development on property and ROWs within the City's jurisdiction). Mitigation Measure development on Port properties) and City Engineer property and ROWs within the City's jurisdiction). 60 dB(A) Leq; thus construction activity shall not Port properties) and City Engineer and the Dire Prior to commencement of grading activities would be required to reduce the expected nois Construction activity shall be prohibited an acoustical analysis to the Port and/or City applicant(s) shall submit a traffic control pl shall submit a traffic control plan for review City shall verify that it has adequate sewe *Applies to Significant Impact 4.14.1-3. *Applies to Significant Impact 4.14.1-4. *Applies to Significant Impact 4.14.2-1. MM 4.14.2-2 To avoid significant construction-rela followed: A.B. MM 4.14.1-3 Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 860 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing construction or if during breeding Responsible season prior to Party and C construction Developer M - During the breeding season. If construction does occur within the breeding season or adjacent to the marshes, the project developer shall prepare and submit an acoustical analysis to the se below the threshold, construction in these generating equipment shall be shielded from noise sensitive receptors by attenuating hose originally provided by the manufacturer; ited during the typical breeding season of January 15 to August 31 adjacent to the Sweetwater Marsh NWR, F & G Street Marsh, and the J or shielded, and mobile noise generating equipment and machinery shall be shut off activity shall not exceed this level, or ambient noise levels if higher than 60 dB(A) during necessary tasks with the lowest sound level and the lowest acoustic height possible All construction equipment powered by gasoline or diesel engines shall have sound existing infrastructure shall be shrouded All stationary noise-generating equipment, such as pumps and generators, shall be itive receptors. Where practicable, noise- reshold is 60 dB(A) Leq; thus construction tanks, and equipment storage, staging, and warm-up areas shall be located as far noise reducing engine housings. Water reduce the expected noise levels below the threshold. If noise barriers or construction hether noise barriers would be required to sources located less than 200 feet from Construction equipment shall be selected as those capable of performing the shall be required to use the shortest possible route to and from I-5, provided the route does not expose additional - 89 - no equipment shall be permitted to have an unmuffled exhaust. areas shall be delayed until the end of the breeding season. Mitigation Measure to perform the required construction operation. from noise sensitive receptors as possible. Any impact tools used during demolition of located as far as possible from noise sens sensitive receptors shall be equipped with Construction vehicles accessing the site activities are unable to result in a level of noi Street Marsh. The current accepted noise th control devices at least as effective as t barriers or structures. Stationary noise Port and the City, which shall determine w *Applies to Significant Impact 4.14.2-2. *Applies to Significant Impact 4.14.2-3. MM 4.14.2-3 Construction-related noise shall be lim receptors to noise. when not in use. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 861 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Engineer and Engineer and Public Works Public Works and RWQCB Port and City Port and City Monitoring Director of Director of Agency Port, City RWQCB B ISTA M ITIGATION V HULA Mitigation Timing Permit (Port)/First -Prior to start of -Prior to start of -Prior to start of Responsible Grading Permit Party and Development -Prior to First C construction Applicant Applicant Applicant Applicant Applicant M Coastal grading grading grading -During (City) ed groundwater is encountered, the project Program to the satisfaction of the RWQCB. eatment system shall be installed to pre-treat ng requirements, which includes obtaining a and approval by the Port (for development on contaminated groundwater (at the developer's Prior to the issuance of a Coastal Development Permit for Properties within the Port's ctor of Public Works (for development on and the Director of Public Works (for wastes, poisonous substances, greases and site-specific measures to be employed. for all Phase I projects, the applicant(s) jurisdiction and prior to the issuance of a grading permit for properties within the City's the water to the satisfaction of the RWQCB before it can be discharged into the sewer uation, including subsurface exploration hnical design report to the Port or City, ific developments, the applicant shall provide a an for review and approval by the Port (for oundwater for all construction activities, jurisdiction, the applicant shall notify the RWQCB of dewatering of contaminated development work and that on-site fill materials and soils can support proposed vidual parcels are suitable for proposed Prior to commencement of grading activities for all Phase IIÎIV projects, the - 90 - development on property and ROWs within the City's jurisdiction). Mitigation Measure development on Port properties) and City Engineer property and ROWs within the City's jurisdiction). depending on jurisdiction, for approval showing Port properties) and City Engineer and the Dire groundwater during construction. If contaminat Prior to commencement of grading activities structures. The applicant shall submit a geotec permit from the Industrial Wastewater Control comprehensive site-specific geotechnical eval As applicable, these measures shall include: expense) in accordance with NPDES permitti oils and other pollutants exist on site, a pretr Prior to the discharge of contaminated gr should flammables, corrosives, hazardous developer shall treat and/or dispose of the applicant(s) shall submit a traffic control pl shall submit a traffic control plan for review *Applies to Significant Impact 4.14.2-5. and laboratory testing showing that indi *Applies to Significant Impact 4.14.2-4 MM 4.15-1 Prior to the grading of parcels for spec system. B. A.B.A. MM 4.14.2-4 MM 4.14.2-5 Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 862 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port or City P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Building Permit Party and -Prior to First C Applicant Applicant M grading Earthwork procedures, including removal, moisture conditioning, and recompaction of Conformance to the California Building Code Seismic Zone 4 Design Parameters, as Pacifica development, the applicant shall adhere to Removal, moisture conditioning, and compaction of bay deposits/alluvial soils. Deep deep dynamic compaction. Deep foundation systems may be used to transmit structural removal of the potentially liquefiable soil and placement of surcharge fills within building during grading, moisture conditioning, or epared for the project or any amendment as ons) which outlines general requirements accomplished by surcharging, compaction grouting, vibrocompaction, soil mixing, and loads to bearing depths below the liquefiable zones and may consist of driven piles or and specific recommendations regarding soil and excavation, seismic design criteria, Selective grading, densification of the subsurface soils, and/or deep foundations ll prepare a site specific geotechnical study. Mitigation of potential hazards due to liquefaction may include the densification or foundations shall be used for structural support in areas of relatively thick bay Investigation prepared for Pacifica Companies (February 2008), Sections 7 and 8 acceptable structural support should liquefaction occur. Soil densification can be improvement methods, slope stability, temporary slopes and shoring, groundwater and dewatering, shallow and deep , Geocon Preliminary Geotechnical areas, or the use of deep foundation systems and mat slabs which still provide - 91 - Removal, moisture conditioning, and compaction of the topsoil on site. detailed in Table 1 of the geotechnical study (see Appendix 4.15-1) Design capable of withstanding strong seismic accelerations Mitigation Measure *Applies to Significant Impact 4.15-1 through 4.15-5. Removal or deep burial of expansive soils specially designed foundations and slabs Conclusions and Preliminary Recommendati Appendix 4.15-5 the site-specific geotechnical evaluation pr grading, consolidation settlement, ground MM 4.15-2 For all phases, the project applicant sha *Applies to Significant Impact 4.15-2. MM 4.15-3 Prior to the grading of parcels for the existing fills on the site approved by the Port/City ( deposits/alluvium drilled piles. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 863 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port or City Port and City Monitoring Planning or Director of Agency Building B ISTA M ITIGATION V HULA Mitigation Timing -Prior to start of Responsible Party and -Prior to First Certificate of C Occupancy Applicant Applicant M grading , Geocon Geotechnical Investigation prepared MM 4.15-4 Prior to the grading of parcels for the RCC development, the applicant shall adhere to the structure/flex space foundation, ancillary MM 4.16-1 Prior to the issuance of certificates of occupancy or building permits, the project applicant project design to the satisfaction of the Port and the Director of Planning and Building for temporary slopes and shoring, groundwater ated air conditioners when air conditioners demand response, generation, and transmission (http://www.sdenergy.org/uploads/7-9- pecific recommendations regarding soil and Implementation of these measures along with the SDG&E efforts for long-term energy 04SDG&E_LTRP.pdf) would reduce the potential significant impact to below a level of for Gaylord Hotels (January 2008), Section 6. Conclusions and Recommendations), ures, shall be incorporated into the final CPUC that proposes a mix of conservation, site-specific geotechnical evaluation prepared for the project or any amendment as shall demonstrate that the Proposed Project complies with Title 24 of the California te slabs-on-grade, concrete flatwork, structure foundation, concrete slabs-on-grade, retaining walls and lateral loads, Energy Efficient Standards for Residential and Nonresidential Buildings. These retaining walls and lateral loads, pavement, and drainage and maintenance. - 92 - preliminary pavements, and drainage and maintenance. Mitigation Measure *Applies to Significant Impacts 4.15-3 and 4.15-4. and dewatering, hotel/convention center/parking Exterior windows shall be double paned. emission water heaters foundations, subterranean structures, concre excavation, seismic design criteria, grading, requirements, along with the following measInstallation of energy-efficient and autom Appendix 4.15-4 which outlines general requirements and s Energy-efficient parking area lights supply as outlined in their filing with the *Applies to Significant Impact 4.16-1. *Applies to Significant Impact 4.15-5. approved by the Port/City ( x are provided Use of low NO significance. the City: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 864 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Coordination Monitoring Agency with the District. B ISTA in M ITIGATION V HULA Mitigation Timing -Prior to Building Permit Approval Responsible Party and C Applicant M Requirement" or "EER." Should revised Title 24 standards be adopted by the State of ing Energy Efficiency Standards ("Title 24") rformance" (Credit EA-/c1) in the US the sources described in California ilding construction and design practices. th") and the second is described in Energy Commission's Loading Order for Electricity Path does not require a Development to achieve LEED Certification, but simply uses energy use required will be achieved through ion of the term "Baseline" against which all individual parcels within the Proposed MM 4.16-2 The following standards are intended to be interpreted broadly and with the flexibility to nimum of a fifty (50) percent reduction in H-14, and H-15. The term "Development" will California, the City's EER that is in effect at the time a building permit application is To help reduce the need for fossil-fueled power generation, reduce greenhouse gas the use of any combination of the energy reduction measures described below. To energy reduction will be measured will vary depending on the path selected and is further described in Exhibit 3 of the MMRP to this Agreement. Choosing the LEED Green Building Council's Leadership in Energy and Environmental Design (LEED) achieve compliance, sponsors of Developments may select one of two paths. The 1. Each building in each Development will perform at least fifteen (15) percent better in effect as of the date of this FEIR. The minimum energy efficiency performance re sites ("Renewable Energy Sites") a. Renewable Energy generated within the boundaries of the Development will be standard adopted by the City is hereinafter described as its "Energy Efficiency credited toward the energy reduction requirement of Section A 25.2. The term mean the development of an individual parcel within the Proposed Project area. - 93 - Mitigation Measure "Renewable Energy" will mean energy derived from and Atmosphere, Credit 1 "Optimized Energy Pe submitted for such Development shall apply. Version 3 system ("LEED Path"). The definit adapt to new energy technology and evolving bu b. Renewable Energy generated on one or mo Resources, all developments will achieve a miPublic Resources Code section 25741 (b)1. They will apply to and govern development of first path is based on Title 24 ("Title 24 Pa than Title 24, Part 6 of the California Build emissions, and support the California Energy 2. The balance of the reduction in annual Project area, except Parcels HP-5, H-13, annual energy use as described below: the methodology of EA-/c1. A. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 865 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M that the resulting energy reduction may be calculated and verified. The methodology for calculating the amount of the credit toward the energy reduction requirement described the Baseline to determine compliance with the energy reduction requirement described requirement described above. Once allocated to a Development, the amount of energy been shown to increase the persistence of energy efficiency ("EE") and also to provide ng to the guidelines set forth in Exhibit 3 of the MMRP, and if this benefit was not included in the energy efficiency calculations, the Port, City or other third party and y Demand Reduction (DR) utility rates will ciency program provided lopments to ensure that all energy systems e. Participation in one of SDG&E's Voluntary Demand Reduction (DR) utility rates will reduction requirement described above. Aggregate energy generated on Renewable a way of recognizing and encouraging the ongoing conservation efforts of occupants and facility managers and will be awarded a waiver for five (5) percent credit against d. Each Development will develop, implement, and for the life of each Development, above. The Port will include in all leases the requirement to perform an energy audit an ("M&V Plan"). Such participation has generated by Renewable Energy Sites so allocated may not be further allocated to every three (3) years for the convention centers and hotel Developments over 300 credit against the Baseline to determine above under the Title 24 Path and the LEED Path as described in Exhibit 3 of the velopment will be credited toward the energy be awarded a waiver for five (5) percent credit against the Baseline to determine for five (5) percent credit against the necessary to achieve such Development's compliance with the energy reduction are performing as planned or corrective action will be taken if failing to meet EE Energy Sites may be allocated to an individual Development up to the amount g. Incorporation of natural ventilation into design such that at least 75% of the - 94 - compliance with the energy reduction requirement described above. compliance with the energy reduction requirement described above. a sponsored energy effi Mitigation Measure within the boundaries of the Proposed Project by conditioned area is naturally ventilated accordi f. Participation in one of SDG&E's Mandator the project will be awarded either: a waiver maintain a measurement and verification pl rooms and five (5) years for all other Deve be awarded a waiver for three (3) percent c. Participation in a City of Chula Vist fed to the electrical grid or to the De another development. commitments. MMRP. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 866 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M t an energy efficiency and renewable energy described above for a Development or component of a Development may be phased implementation of cost-effective programs and options as part of its commitment of the energy requirements described above commitment to achievement of a LEED stem that does not draw from the grid if ii. Include, but not be limited to, an assessment of the potential for reduction in Certification, and/or a "Living Building Challenge" in connection with the selection of consistent with the Proposed Project, the Port will in good faith consider adoption of and when natural ventilation is not used. This may be prorated if less than 75% of the to levels of energy reduction in excess edit will be awarded if the natural ventilation the energy reduction provided such energy sdiction through increases in energy respondents in RFP/RFQ processes for developments within the Proposed Project reduce demand on the electric grid from all lands under Port's jurisdiction; Baseline to determine compliance with the energy reduction requirement described 5. Within one year following the CCC's approval of a PMP amendment substantially a. Within six (6) months following adoption of the ordinance and every three (3) issuance of a certificate of occupancy for such Development or such component i. Assess the feasibility and cost-effectiveness of programs and options to than thirty-six (36) months following hat if approved by the Board of Port 4. To further incent responsible and sustainable development practices within the boundaries of the Proposed Project, the Port, the City and the Redevelopment that the energy reduction measures efficiency, demand response, clean renewable and distributed energy b. Upon the completion of each analysis, the Port will consider good faith - 95 - generation and other methods and technologies. Mitigation Measure energy use on all land under Port's juri Agency will consider voluntary commitments system is coupled with an energy or cooling sy reduction measures are completed no later an ordinance, in a public hearing process, t Commissioners, will require the following: 3. The parties understand and acknowledge years thereafter, the Port will conduc above; or, a waiver for ten (10) percent cr in over time to achieve compliance with conditioned area is naturally ventilated. analysis that will: and thereof. area. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 867 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Ï Ï P Completion ASTER Date of R ONITORING AND M AYFRONT Port Board of Monitoring ers and City Commission Agency Council B ISTA M ITIGATION V HULA Mitigation Timing along I-5, the Port, -Prior to Building Permit Approval City, other cities Redevelopment Responsible Party and SANDAG, and C Applicant M Caltrans Agency and moderate income individuals/families only in areas located west of I-805 in the City of multi-jurisdictional effort conducted by Caltrans include fair share contributions related to private and/or public development based on the project as identified as a project alternative * This measure is not associated with a significant impact related to population; however, reduce congestion with Caltrans standards c. The results of each analysis will be published on the Port's website and received , for a discussion of redevelopment areas, for very low, low and SANDAG to assist in developing a detailed I-5 corridor level study that will identify transportation improvements along with funding, including federal, state, regional, and MM 4.1-3 Prior to the approval of a building permit for any residential project, the applicant shall to greenhouse gas reductions and global climate change prevention activities on the I-5 south corridor from the SR-54 interchange to the Otay River (the "I-5 South elopment Project Area on the production of pay a PFDIF or equivalent fee in an amount calculated according to the City's PFDIF Corridor") (hereinafter, the "Plan"). Local funding sources identified in the Plan shall MM 4.17-1 The Redevelopment Agency will use all Low and Moderate Income Housing funds it has been incorporated to ensure appropriate implementation and enforcement. design options that would allow for an overall reduction in height and bulk of the - 96 - by the Port's Board of Port Commissioners in a public forum. Chapter 5, Alternatives Mitigation Measure program in effect at the time of permit issuance. affordable housing units, inside and/or outside of --- No feasible mitigation beyond redesign of the local funding sources and phasing that would would reduce this impact to view quality. See MM 4.2-8 The Port and the City shall participate in a consistent with Assembly Bill 32. generated from within the Bayfront Redev *Applies to Significant Impact 4.16-1. *Applies to Significant Impact 4.1-4. *Applies to Significant Impact 4.1-5. Significant and Unavoidable Impacts proposed development. Chula Vista. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 868 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M commitment to mitigate the impacts created by all phases of the Proposed Project. City shall report, to their respective governing bodies regarding the progress made Plan as set forth in this mitigation measure. Nothing in the Plan shall be construed The Plan will identify physical and operational improvements to I-5 adjacent to the to develop the Plan within 6 months of the first meeting of the entities. Thereafter, not be limited to, the City, other cities along I-5, the Port, SANDAG, and Caltrans. The Plan will include the parameters for any agreed upon fair-share funding to be The Port shall seek adoption of the Plan before the Port Board of Commissioners implemented, that would require private and/or public developers to contribute to not relieve the Entities of their collective obligation to develop and implement the transit facilities (the Improvements), that and expenditure; however, the existence of such other plans and programs shall Improvements can be coordinated with existing local and regional transportation and facilities financing plans and programs, in order to avoid duplication of effort completion of the multi-jurisdictional effort to develop the Plan. The Port and the nexus established in this Draft EIR as well as other mechanisms. The Plan required by as relieving any Entity (or any other entity) from its independent responsibility (if The responsible entities (the Entities) included in this effort will include, but may east annually regarding the progress of the e responsibilities of each Entity for the Improvement and the responsibility of each Entity for both implementation and The Plan will identify the total estimated design and construction cost for each Other entities will be included upon the concurrence of the foregoing Entities. ific transportation impacts from the and the City shall seek adoption of the Plan before the City Council upon the The Plan will set forth a timeline and other agreed upon relevant criteria for construction and financing for each Improvement. The Plan will include an In developing the Plan, the Entities shall also consider ways in which the implementation element that includes each Entity's responsibilities and - 97 - any) for the implementation of any transportation improvement. the costs, in a manner that will comply with applicable law. Mitigation Measure are focused on regional impacts and spec project, and will also identify the fair shar project area, relevant arterial roads and implementation of each Improvement. the Port and the City shall report at l this mitigation shall include the following: funding of such costs. a.b.d.e.g. c. f. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 869 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Port and/or Agency B ISTA City M ITIGATION V HULA Mitigation Timing Responsible Party and -Prior to First Certificate of Applicant(s) C Occupancy M ty shall require project applicants to make however, the Port and the City shall each use ons will require funding from other sources in however, the Port and the City shall each use 4.2-18, 4.2-29, 4.2-30, 4.2-35 through 4.2- Plan, for a period of not less than 5 years, which may be extended at the request However, because implementation of the physical improvements needed to reduce the its best efforts to obtain the cooperation of all responsible Entities to fully participate, in its best efforts to obtain the cooperation of all responsible Entities to fully participate, in the Chula Vista Bayfront Master Plan, ccupancy for parcel H-3 or building permits for any on of intersection impacts at H Street and E The Plan shall also expressly include each Entity's pledge that it will cooperate implementation of this mitigation measure shall not constitute failure of the Port or the implementation of this mitigation measure shall not constitute failure of the Port or the addition to the WTDIF, such as local, state and federal funds, and such funding is not ve freeway impacts within the City's The failure or refusal of any Entity other than the Port or the City to cooperate in the The failure or refusal of any Entity other than the Port or the City to cooperate in the cipating in the City's Western Traffic t applicants to make their fair share Prior to issuance of certificates of occupancy or building permits for any participating in the City's Western Traffic - 98 - Development Impact Fee or equivalent funding program. of the City Council and/or Board of Commissioners. Development Impact Fee or equivalent funding program. Mitigation Measure order to achieve the goals of the mitigation measure. order to achieve the goals of mitigation measure. with each other in implementing the Plan. development of individual projects within contribution toward mitigation of cumulati development within the City, the Port and the Ci portion of the I-5 South Corridor by parti the Port and the City shall require projec *Applies to Significant Impacts 4.2-12, 4.2-17, significant impacts to the affected intersecti City to implement this mitigation measure; City to implement this mitigation measure; their fair share contribution toward mitigati Street within the City's jurisdiction by MM 4.2-10 Prior to issuance of certificates of o 37, and 4.2-46 through 4.2-50. h. i. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 870 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Ï Ï Port and City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing -With submittal of -Prior to start of Responsible Party and Tentative Map C Applicants Developer M grading certain or under the control of the Port or the City, the Port and the City cannot assure the for a list of Best Available Control t. The applicant shall evaluate the project in project as identified as a project alternative outlined in the AQIP pertaining to the design, construction, and operational phases of the completed to the satisfaction of the Port and the Director of Planning and Building for the , for a discussion of ossing are considered derived, in part, from Table 11-4 of Appendix needed or that they will be constructed flow, and reduce vehicle miles traveled." There within any known time schedule. Accordingly, the Proposed Project's impacts to the E placed as notes on all grading plans and shall be implemented during grading of each For development within the City's jurisdiction, applicants shall submit an AQIP with Building for the City. This plan shall demonstrate "the best available design to reduce ng activities, the following measures shall be any Tentative Maps submitted to the City in accordance with Municipal Code Section uction emissions. These measures shall be 19.09.050B, and the applicant shall demonstrate that air quality control measures project have been implemented to the satisfaction of the Director of Planning and 11 of the SCAQMD CEQA Air Quality Handbook, and from SCAQMD Rule 403). design options that would allow for an overall reduction in height and bulk of the accordance with the computer modeling procedures outlined in the City's AQIP - 99 - Chapter 5, Alternatives an at-grade trolley cr Mitigation Measure Section 4.6, Air Quality *Applies to Significant Impacts 4.6-1 and 4.6-6. *Applies to Significant Impacts 4.4-1and 4.4-2. necessary improvements will be constructed as --- No feasible mitigation beyond redesign of the Construction Activities. would reduce this impact to view quality. See are two options to meet the AQIP requiremen Street and H Street intersections affected by City of Chula Vista (These measures were MM 4.6-1 Prior to the commencement of any gradi vehicle trips, maintain or improve traffic phase of the project to minimize constr *Applies to Significant Impact 4.2-19. See Mitigation Measure 4.6-1 in significant and unmitigated. Measures for Specific proposed towers. A. Packet Number May 2010 MM 4.6-2 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 871 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and CIty Port and City Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing -With submittal of Responsible Building Permit Building Permit Party and Tentative Map -Prior to First -Prior to First C Applicants Applicant Applicant M computer modeling procedures outlined in the For development within the City's jurisdiction, the applicants shall submit an AQIP with oject design to the satisfaction of the Port outlined in the AQIP pertaining to the design, construction, and operational phases of the to a level below the standard established design to reduce vehicle trips, maintain or improve traffic flow, and reduce vehicle miles omated air conditioners when air conditioners Proposed Project complies with Title 24 of the California Energy Efficient Standards for Proposed Project complies with Title 24 of the California Energy Efficient Standards for Residential and Nonresidential buildings. These requirements, along with the following the City and Port. Therefore, air quality Residential and Nonresidential buildings. These requirements along with the following y impacts of the Proposed Project, they any Tentative Maps submitted to the City in accordance with Municipal Code Section Prior to the issuance of building permits, the applicant shall demonstrate that the Prior to the issuance of building permits, the applicant shall demonstrate that the the AQIP requirement. The applicant shall Building for the City of Chula Vista. This plan shall demonstrate "the best available 19.09.050B, and the applicant shall demonstrate that air quality control measures project have been implemented to the satisfaction of the Director of Planning and - 100 - necessary site plan modifications. Guidelines, including any necessary site plan modifications. Mitigation Measure and the Director of Planning and Building for the City: measures, shall be incorporated into the final pr by the SCAQMD and used in this document by would not bring area and operations emissions Although these measures will reduce air qualit Exterior windows shall be double paned. impacts remain significant and unmitigated. emission water heaters evaluate the project in accordance with the Installation of energy efficient and aut traveled." There are two options to meet Energy efficient parking area lights City's AQIP Guidelines, including any *Applies to Significant Impact 4.6-2. x Use of low NO are provided B. A.B. Packet Number May 2010 MM 4.6-3 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 872 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing -With submittal of Responsible Building Permit Party and Tentative Map -Prior to First C Applicants Applicant M with any Tentative Maps submitted to the oject design to the satisfaction of the Port oject design to the satisfaction of the Port lity impacts of the Proposed Project, they to a level below the standard established omated air conditioners when air conditioners omated air conditioners when air conditioners the satisfaction of the Director of Planning and Building for the City of Chula Vista. This Proposed Project complies with Title 24 of the California Energy Efficient Standards for the City and Port. Therefore, air quality design, construction, and operational phases of the project have been implemented to traveled." There are two options to meet Residential and Nonresidential buildings. These requirements along with the following the AQIP requirement. The applicant shall evaluate the project in accordance with the Prior to the issuance of buildings permits, the applicant shall demonstrate that the plan shall demonstrate "the best available design to reduce vehicle trips, maintain or City's AQIP Guidelines, including any City in accordance with Municipal Code Section 19.09.050B, and the applicant shall demonstrate that air quality control measures outlined in the AQIP pertaining to the For residential, as well as mixed-use/commercial development within the City's - 101 - Mitigation Measure and the Director of Planning and Building for the City: and the Director of Planning and Building for the City: by the SCAQMD and used in this document by measures shall be incorporated into the final pr measures shall be incorporated into the final pr jurisdiction, the applicants shall submit an AQIP Although these measures would reduce air qua computer modeling procedures outlined in the would not bring area and operations emissions Exterior windows shall be double paned. improve traffic flow, and reduce vehicle miles Use of low-NOx emission water heaters emission water heaters impacts remain significant and unmitigated. Installation of energy efficient and autInstallation of energy efficient and aut Energy efficient parking area lights *Applies to Significant Impact 4.6-3. necessary site plan modifications. x are provided Use of low NO A.B. Packet Number May 2010 MM 4.6-4 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 873 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Monitoring Agency B ISTA City M ITIGATION V HULA Mitigation Timing -With submittal of Responsible Building Permit Party and Tentative Map -Prior to First C Applicants Applicant M with any Tentative Maps submitted to the for Residential and Nonresidential buildings. These requirements along with the following oject design to the satisfaction of the Port lity impacts of the Proposed Project, they to a level below the standard established the California Energy Efficient Standards omated air conditioners when air conditioners the satisfaction of the Director of Planning and Building for the City of Chula Vista. This the City and Port. Therefore, air quality design, construction, and operational phases of the project have been implemented to traveled." There are two options to meet he City's AQIP Guidelines, including any the AQIP requirement. The applicant shall evaluate the project in accordance with the Prior to the issuance of buildings permits, the applicant shall demonstrate that the plan shall demonstrate "the best available design to reduce vehicle trips, maintain or City in accordance with Municipal Code Section 19.09.050B, and the applicant shall demonstrate that air quality control measures outlined in the AQIP pertaining to the For residential, as well as mixed-use/commercial development within the City's - 102 - Mitigation Measure and the Director of Planning and Building for the City: by the SCAQMD and used in this document by measures shall be incorporated into the final pr jurisdiction, the applicants shall submit an AQIP Although these measures would reduce air qua would not bring area and operations emissions Proposed Project shall comply with Title 24 of improve traffic flow, and reduce vehicle miles computer modeling procedures contained in t Exterior windows shall be double paned. Exterior windows shall be double paned. Use of low-NOx emission water heaters impacts remain significant and unmitigated. Installation of energy efficient and aut Energy efficient parking area lights Energy efficient parking area lights *Applies to Significant Impact 4.6-4. necessary site plan modifications. are provided are provided A.B. Packet Number May 2010 MM 4.6-5 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 874 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT and Caltrans. Port and City 5, SANDAG, Monitoring cities along I- coordination applicable with other Agency City and school district B ISTA in M ITIGATION V HULA Mitigation Timing CALTRANS, and -Prior to Building Permit Approval Responsible Party and C Port, City, SANDAG Applicant M multi-jurisdictional effort conducted by Caltrans ements along with funding, including federal, transportation impacts from the project and lity impacts of the Proposed Project, they to a level below the standard established ansit facilities (the Improvements) that are h Corridor"). Local funding sources identified ies of each Entity for the construction and be limited to, the City, other cities along I-5, the Port, SANDAG, and Caltrans. Other a. The responsible entities (the Entities) included in this effort will include, but may not I-5 corridor-level study (hereinafter, the the City and Port. Therefore, air quality that includes each Entity's responsibilities and commitment to mitigate the impacts mechanisms. The Plan required by this b. The Plan will identify physical and operational improvements to I-5 adjacent to the MM 4.13.5-1 Prior to the approval of a building permit for any residential project, the applicant shall financing for each Improvement. The Plan will include an implementation element and phasing that would reduce congestion pay a PFDIF or equivalent fee in an amount calculated according to the City's PFDIF c. The Plan will set forth a timeline and other agreed upon relevant criteria for he I-5 South corridor from the SR-54 in the Plan shall include fair-share contributions related to private and/or public - 103 - entities will be included upon the concurrence of the foregoing Entities. Mitigation Measure *Applies to Significant Impacts 4.13.5-1 and 4.13.5-2. created by all phases of the Proposed Project. program in effect at the time of permit issuance. and SANDAG to assist in developing a detailed by the SCAQMD and used in this document by Although these measures would reduce air qua would not bring area and operations emissions will also identify the fair-share responsibilit project area, relevant arterial roads, and tr development based on nexus as well as other focused on regional impacts and specific "Plan") that will identify transportation improv impacts remain significant and unmitigated. interchange to the Otay River (the "I-5 Sout MM 6.5-1 The Port and the City shall participate in a implementation of each Improvement. management with Caltrans standards on t state, regional, and local funding sources, mitigation shall include the following: *Applies to Significant Impact 4.6-5. Cumulative Impacts Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 875 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M g. The Port shall seek adoption of the Plan before the Port Board of Commissioners and ding the progress made to develop the Plan ccupancy or building permits for any development relieving any Entity (or any other entity) from its independent responsibility (if any) for relieve the Entities of their collective obligation to develop and implement the Plan as of the multi-jurisdictional effort to develop the Plan. The Port and the City shall report however, the Port and the City shall each use such other plans and programs shall not Improvements can be coordinated with the financing plans and programs of existing implemented that would require private and/or public developers to contribute to the the City shall seek adoption of the Plan before the City Council upon the completion h. The Plan shall also expressly include each Entity's pledge that it will cooperate with within 6 months of the first meeting of the entities. Thereafter, the Port and the City less than 5 years, which may be extended at the request of the City Council and/or in order to avoid duplication of effort shall report at least annually regarding the progress of the Plan, for a period of not of individual projects within the Chula Vista Bayfront Master Plan, the Port and the implementation of this mitigation measure shall not constitute failure of the Port or the e. The Plan will include the parameters for any agreed upon fair-share funding to be Corridor by participating in the City's Western Traffic Development Impact Fee or thin the City's portion of the I-5 South The failure or refusal of any Entity other than the Port or the City to cooperate in the make their fair-share contribution toward Improvement and the responsibility of each Entity for both implementation and d. The Plan will identify the total estimated design and construction cost for each set forth in this mitigation measure. Nothing in the Plan shall be construed as f. In developing the Plan, the Entities shall also consider ways in which the - 104 - the implementation of any transportation improvement. costs, in a manner that will comply with applicable law. Mitigation Measure local and regional transportation and facilities, and expenditure; however, the existence of mitigation of cumulative freeway impacts wi to their respective governing bodies regar City to implement this mitigation measure; City shall require project applicants to each other in implementing the Plan. i. Prior to issuance of certificates of o equivalent funding program. Board of Commissioners. funding of such costs. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 876 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT City Engineer Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Occupancy for any Occupancy for any Occupancy for any Building Permit or Phase III Project Phase III Project Phase III Project Phase II Project Responsible Party and Final Map for -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of C M Port Port Port Port construct an exclusive westbound right-turn lane at the intersection of J Street and I-5 NB accommodate growth in traffic, and it would be difficult to widen more, due to right-of-way 3, 6.5-4, 6.5-5, 6.5-6, 6.5-7, 6.5-8, 6.5-9, MM 6.5-2 In assessing the impact of the project on the Phase III network, it was determined that H cilitate the flow of project traffic. This project and to provide another route to I-5, its best efforts to obtain the cooperation of all responsible Entities to fully participate, in segment shall be built as a two-lane Class III Collector prior to the issuance of either a 5-23, 6.5-24 and 6.5-25, which would remain Driveway to west of Bay Boulevard. The MM 6.5-3 Prior to issuance of a certificate of occupancy for any Phase III project, the Port shall MM 6.5-4 Prior to issuance of a certificate of occupancy for any Phase III project, the Port shall MM 6.5-4 Prior to issuance of a certificate of occupancy for any Phase III project, the Port shall and Bay Boulevard to a two-lane Class II ow of project traffic. This mitigation widen Street A between H Street and Street C to a four-lane Class I Collector. The he satisfaction of the City Engineer. This 5-13 to below a level of significance. 5-16 to below a level of significance. Street between Street A and the I-5 Ramps was already widened in Phase II to II project. This Mitigation would reduce - 105 - would reduce Significant Impact 6.5-17 to below a level of significance. Significant Impacts 6.5-11 and 6.5-12 to below a level of significance. Mitigation Measure order to achieve the goals of this mitigation measure. Collector. The additional roadway capacity would fa *Applies to Significant Impacts 6.5-11 and 6.5-12. additional roadway capacity would facilitate the fl *Applies to Significant Impacts 6.5-1, 6.5-2, 6.5- constraints. To accommodate traffic from the mitigation would reduce Significant Impact 6.mitigation would reduce Significant Impact 6. the Port shall extend E Street from the RCC widen E street between the RCC Driveway Ramps. The lane shall be constructed to t 6.5-10, 6.5-14, 6.5-15, 6.5-21, 6.5-22, 6. building permit or final map for a Phase *Applies to Significant Impact 6.5-13. *Applies to Significant Impact 6.5-16. significant after implementation. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 877 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer City Engineer City Engineer City Engineer City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Occupancy for any Occupancy for any Occupancy for any Occupancy for any Phase III Project Phase III Project Phase III Project development in Responsible Party and Certificate of -Prior to First -Prior to First -Prior to First -Prior to First -Prior to First Certificate of Certificate of Certificate of Certificate of C Occupancy Phase IV M Port Port Port Port Port construct an exclusive westbound right-turn lane at the intersection of J Street and I-5 NB development, the Port shall construct an eastbound and westbound through-lane along H intersection of H Street and Woodlawn Avenue. The additional lanes shall be constructed MM 6.5-9 Prior to the issuance of certificates of occupancy for any development in Phase IV of the MM 6.5-10 Prior to the issuance of certificates of occupancy for any development in Phase IV of the Broadway. The lane shall be constructed to the development, the Port shall construct a westbound through- and right-turn lane along H no additional mitigation is desired at this is mitigation would reduce Significant Impact at the intersection of J Street and Bay the satisfaction of the City Engineer. This LOS E during the PM peak hour. This is consistent with the result from the Chula Vista ion, this intersection would still operate at the satisfaction of the City Engineer. This Street (as part of roadway segment mitigation) and a westbound right-turn lane at the construct southbound left- and right-turn lanes at the intersection of E Street and Bay MM 6.5-6 Prior to issuance of a certificate of occupancy for any Phase III project, the Port shall MM 6.5-7 Prior to issuance of a certificate of occupancy for any Phase III project, the Port shall MM 6.5-8 Prior to issuance of a certificate of occupancy for any Phase III project, the Port shall he satisfaction of the City Engineer. This 5-18 to below a level of significance. 5-19 to below a level of significance. 5-20 to below a level of significance. - 106 - Mitigation Measure construct an exclusive eastbound right-turn lane Urban Core traffic study, which concluded that Boulevard. The lanes shall be constructed to satisfaction of the City Engineer. With mitigat mitigation would reduce Significant Impact 6.mitigation would reduce Significant Impact 6.mitigation would reduce Significant Impact 6. Boulevard. The lane shall be constructed to Ramps. The lane shall be constructed to t to the satisfaction of the City Engineer. Th Street at the intersection of H Street and 6.5-26 to below a level of significance. *Applies to Significant Impact 6.5-18.. *Applies to Significant Impact 6.5-19.. *Applies to Significant Impact 6.5-17. *Applies to Significant Impact 6.5-20. *Applies to Significant Impact 6.5-26. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 878 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City Engineer P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA Port Port M ITIGATION V HULA Mitigation Timing Occupancy for any Project Developer Project Developer development in Responsible Party and Development Development -Prior to First -Prior to First -Prior to First Certificate of C Phase IV M Coastal Coastal Permit Port l protect open views down the H Street Corridor by ensuring development, the Port shall construct a dual eastbound left-turn lane along J Street at the intervals or be angled to open up a broader view corridor at the groundplane to the extent ildings to encroach into view corridors, and ributed building massing, horizontal banding, ies in height) shall incorporate standard design MM 6.5-11 Prior to the issuance of certificates of occupancy for any development in Phase IV of the , structures, or major landscaping. Visual stepping back of buildings, and varied color schemes to separate the building base from mitigation would reduce Significant Impact 6.5- within the Port's jurisdiction, the project developer shall ensure that design plans for any pedestrians and vehicles, underneath the tree that an approximate 100-foot ROW width (curbÎcurb, building setbacks and pedestrian The additional lanes shall be constructed to landscaping. Trees should also be considered to help frame the views and they should reduce visibility by more than 10 percent. Placement of trees should take into account development proposals shall conform to Port design guidelines and standards to the elements above six feet in height shall be prohibited in this zone if the feature would masses; however, trees should be spaced in order to ensure "windows" through the Prior to issuance of Coastal Development Permits for projects buildings fronting on H Street shall be designed to step away from the street. More location. This mitigation would reduce Significant Impact 6.5-27 to below a level of As a condition for issuance of Coastal Development Permits, potential view blockage. This mitigation should not be interpreted to not allow tree ildings shall step back at appropriate feasible. All plans shall be subject to review and approval by the Port. All future - 107 - Mitigation Measure plaza/walkway zone) remains clear of buildings canopy. In order to reduce the potential for bu to address the scale and massing impact, bu techniques such as articulated facades, dist intersection of J Street and I-5 NB Ramps. the satisfaction of the City Engineer. This large scale projects (greater than two stor be pruned up to increase the views from *Applies to Significant Impact 6.5-27. *Applies to Significant Impact 6.5-28. 28 to below a level of significance. specifically, design plans shal satisfaction of the Port. B. Height and Bulk: A. View Protection: significance. Packet Number May 2010 MM 6.6-1 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 879 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT with qualified Coordination Monitoring Biologist or Landscape Agency Architect Port in B ISTA City City M ITIGATION V HULA Mitigation Timing Approval of Phase Project Developer Project Developer Review Approval -Prior to Design Responsible Party and -Prior to Final Port and City C M I Design Permit components to diminish imposing building edges, monotonous facades and straight-edge ial uses and parking areas until such time all be drought tolerant or low water use, These plans shall be implemented for the large project components to diminish imposing projects (greater than two stories in height) shall incorporate standard design techniques Prior to approval of a tentative map or site development plan for future such as articulated facades, distributed building massing, horizontal banding, and varied developed to enhance Marina Parkway, a designated scenic roadway and shall provide, smaller scale massing implemented. These plans shall be implemented for large project color schemes to separate the building base from its upper elevation and color changes frastructure design plans, the Port given location. For instance, vegetation planted adjacent to open water/shoreline areas building edges, monotonous facades and straight-edge building rooflines and profiles. Streetscape landscaping shall be designed to enhance the visitor experience for both Street landscaping design shall be coordinated with a qualified biologist or landscape its upper elevation and color changes such that vertical elements are interrupted and and other landscaping are appropriate for the and that future developers/tenants, as such that vertical elements are interrupted and smaller scale massing implemented. landscaping plan for the project's public Prior to design review approval for properties within the City's ure that design plans for any large scale ally, detailed landscaping plans shall be This shall be done to the satisfaction of the City of Chula Vista Planning Director. components and improvements. The plan shall provide sufficient detail to ensure building rooflines and profiles. This shall be done to the satisfaction of the Port. - 108 - Mitigation Measure Prior to final approval of Phase I in must not provide raptor perches. Landscaping sh ng of parking areas. where appropriate, screening of existing industr and invasive plant species shall be prohibited. conformance to streetscape design guidelines and City shall collectively develop a master jurisdiction, the project developer shall enspedestrians and those in vehicles. Specific architect to ensure that proposed trees as these facilities are redeveloped. applicable, provide screeni C. Height and Bulk: D. Landscaping: E. Landscaping: Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 880 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Port and City Planning and Planning and Monitoring coordination Director of Director of Building in Director of Agency Planning Port and Building with the B Port's City's City's ISTA M ITIGATION V HULA Mitigation Timing -Prior to TM/SDP -Prior to start of Responsible Building Permit Party and -Prior to First C Occupancy Developer Applicant Applicant M Approval -Prior to grading plemented as a condition of project approval. Phase I infrastructure design plans ented during grading of each phase of the residential development, the project developer shall submit a landscaping design plan for with the Port's Director of Planning. The *Applies to Significant Impact 6.8-1, which would remain significant and unmitigated after ign guidelines and standards established by Concurrent with development of H-13 and H-14, the applicant shall J Street Gateway plan shall be coordinated with the Gateway plan for E and H Streets. Planning and Building. The E and H Street Gateway plan shall be coordinated with the These measures shall be completed to the MM 6.8-1 Prior to the issuance of any grading permit, the following measures shall be placed as issuance of any building permits, the J Street Gateway plan shall be approved by the satisfaction of the Port and the Director of Planning and Building for the City of Chula Vista (these measures were derived, in part, from Table 11-4 of Appendix 11 of the *Applies to Significant Impact 6.6-1, which would remain significant after mitigation E and H Street Gateway plan shall be approved by the Port and City's Directors of the Port's jurisdiction in Phase I, the for E and H Street, a Gateway plan shall be prepared for E and H Streets. Prior to submit a Gateway plan for J Street for City Design Review consideration. Prior to for a list of Best - 109 - Chapter 6, Cumulative Impacts, Available Control Measures for Specific Construction Activities. SCAQMD CEQA Air Quality Handbook (SCAQMD 1999)). Mitigation Measure Concurrent with the preparation of Director of Planning and Building in coordination notes on all grading plans, and shall be implem issuance of occupancy for any projects within improvements that is in conformance to des project to minimize construction emissions. the City of Chula Vista. The plan shall be im See Mitigation Measure 6.8-1 in Gateway plan for J Street. on-site landscaping G. Gateway Plan: F. Gateway Plan: mitigation Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 881 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Planning and Port and City Monitoring Director of Agency Building B ISTA City M ITIGATION V HULA Mitigation Timing -With submittal of development of Responsible Building Permit Party and Tentative Map Program level -Prior to First C Applicants Applicants Applicant M -During for Residential and Nonresidential buildings. These requirements, along with the following computer modeling procedures outlined in the oject design to the satisfaction of the Port outlined in the AQIP pertaining to the design, construction, and operational phases of the jurisdiction, the applicants shall submit an Air Quality Improvement Plan (AQIP) with any document by the City and Port. Therefore, design to reduce vehicle trips, maintain or improve traffic flow, and reduce vehicle miles r quality impacts of the Proposed Project, the California Energy Efficient Standards omated air conditioners when air conditioners *Applies to Significant Impact 6.8-2, which would remain significant and unmitigated. es to reduce GHG emissions. Specific s of the Chula Vista Bayfront Master Plan Prior to the issuance of building permits, the applicant shall demonstrate that the Building for the City of Chula Vista. This plan shall demonstrate "the best available the AQIP requirement. The applicant shall 19.09.050B, and the applicant shall demonstrate that air quality control measures they would not bring area and operations emissions to a level below the standard project have been implemented to the satisfaction of the Director of Planning and For residential as well as mixed-use/commercial development within the City's Tentative Maps submitted to the City in accordance with Municipal Code Section - 110 - necessary site plan modifications. significant and unmitigated. measures may include but are not limited to the following: Mitigation Measure and the Director of Planning and Building for the City: measures, shall be incorporated into the final pr Although these measures would reduce the ai established by the SCAQMD and used in this (Phases I through IV) shall implement measur Proposed Project shall comply with Title 24 of emission water heaters Exterior windows shall be doublepaned. evaluate the project in accordance with the MM 6.8-3 Development of program-level component Installation of energy efficient and aut traveled. There are two options to meet Energy efficient parking area lights cumulative air quality impacts remain City's AQIP guidelines, including any x are provided Use of low-NO A.B. Packet Number May 2010 MM 6.8-2 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 882 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing components of the Responsible Party and C M CVBMP Install energy efficient heating and cooling systems, appliances and equipment, and Design buildings to be water-efficient. Install water-efficient fixtures and appliances. Install efficient lighting and lighting control systems. Use daylight as an integral part Use solar heating, automatic covers, and efficient pumps and motors for pools and conditioning. Educate consumers about Design buildings to be energy efficient. Site buildings to take advantage of shade, showers, bathroom wash basins, and water from clothes washing machines.) For Install water-efficient irrigation systems and devices, such as soil moisture-based astructure to deliver and use reclaimed example, install dual plumbing in all new development, allowing gray water to be gation in new developments and on public Install light colored "cool" roofs, cool pavements, and strategically placed shade Install solar and wind power systems, solar and tankless hot water heaters, and Use gray water. (Gray water is untreated household wastewater from bathtubs, affic, street, and other outdoor lighting. Provide information on energy management services for large energy users. - 111 - prevailing winds, landscaping, and sun screens to reduce energy use. Use combined heat and power in appropriate applications. Install solar panels on carports and over parking areas. Mitigation Measure Limit the hours of operation of outdoor lighting. energy-efficient heating ventilation and air property where appropriate. Install the infr Provide education on energy efficiency. Install light emitting diodes (LEDs) for tr Use reclaimed water for landscape irri Water Conservation and Efficiency Create water-efficient landscapes. of lighting systems in buildings. Renewable Energy existing incentives. irrigation controls. control systems. Energy Efficiency water. trees. spas. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 883 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C M ng vehicles, and providing a web site or Limit idling time for commercial vehicles, including delivery and construction vehicles. cycle parking near building entrances to location. The strategy may include many of the specific items listed above, plus other strategy appropriate for the project and Provide education about water conservation and available programs and incentives. e, by designating a certain percentage of character of the site to manage stormwater and protect the environment. (Retaining Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated Implement low-impact development practices that maintain the existing hydrologic cles, designating adequate passenger loading ucture to encourage the use of low- or Reuse and recycle construction and demolition waste (including but not limited to free or low-cost monthly transit passes. cle charging facilities and conveniently Provide interior and exterior storage areas for recyclables and green waste and cally reduce the need for energy-intensive Provide education and publicity about reducing waste and available recycling - 112 - Restrict the use of water for cleaning outdoor surfaces and vehicles. Use low- or zero-emission vehicles, including construction vehicles. innovative measures that are appropriate to the specific project. soil, vegetation, concrete, lumber, metal, and cardboard). adequate recycling containers located in public areas. Recover by-product methane to generate electricity. Mitigation Measure and unloading and waiting areas for ride shari For commercial projects, provide adequate bi Devise a comprehensive water conservation Promote ride sharing programs, for exampl Provide the necessary facilities and infrastr zero-emission vehicles (e.g., electric vehiProvide public transit incentives, such as message board for coordinating rides. parking spaces for ride sharing vehi stormwater runoff on site can drasti Transportation and Motor Vehicles used for landscape irrigation. surfaces) and control runoff. located alternative fueling). imported water at the site.) Solid Waste Measures services. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 884 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring coordination coordination Agency qualified biologist Port in Port in B with a with a ISTA M ITIGATION V HULA Mitigation Timing construction of any construction of any components that Responsible Party and program-level program-level would impact C M eelgrass -Prior to -Prior to Port Port Institute a telecommute work program. Provide information, training, and incentives to shall be conducted by a qualified biologist to bution to a cumulatively significant impact consistent with this mitigation measure equired, at which time the most current further measures in the near future that will avoid conflict with the goals or strategies ent a plan to create new eelgrass habitat at of at least 20 percent below "business eelgrass currently located in the impacted areas and transplanting it at the new location. ing the period of March through October and Identification and planting of the restoration site shall be completed to the satisfaction of projects are defined within the program ion Measures 4.16-2, will substantially evel components of the project that impact facilities that encourage bicycle commuting, including (for example) locked bicycle for equipment purchases to allow high- transportation-related emissions. Provide education and information about public is rapidly developing and may provide would be valid for a period of no more than 60 days, with the exception that surveys and any additional regulations in effect at the time. Implementation of Mitigation promote cyclist safety, security, and convenience. For large employers, provide he time of pile driving operations. The pre-a ratio of 1.2:1. The Port shall create new eelgrass habitat by removing the existing el components of the project that impact conducted in August through October would be valid until the following March 1. Provide information on all options for individuals and businesses to reduce - 113 - and will result in a less than significant impact to global climate change. Mitigation Measure measures will be identified and required to be reduce GHG emissions, achieving reductions the Port prior to commencement of construction. phases, further environmental review will be r indoor bicycle parking. The measures identified above and in Mitigat encourage participation. Provide incentives Measure 6.8-3, therefore, will avoid a contri of AB 32 or related Executive Orders. Once as usual." Furthermore, better technology eelgrass, a pre-construction eelgrass survey Prior to the construction of any program-l eelgrass, the Port shall establish and implem construction survey must be conducted dur Prior to construction of any program-lev confirm the exact extent of the impact at t *Applies to Significant Impact 6.8-3 quality teleconferences. storage or covered or transportation. A.B. Packet Number MM 6.11-1 May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 885 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency qualified biologist B ISTA Port M ITIGATION V HULA Port in coordination Mitigation Timing components that Responsible with a qualified Party and would impact C M eelgrass eelgrass biologist ll be conducted within 30 days of the cessation Implementation of Mitigation Measure 6.11-1 would reduce significant cumulative impacts years for all of the fine sediment to dissipate in the water column for the movement of shall determine the act amount of eelgrass affected. The difference (Initial Report). It would take 1 to 2 tructed and monitored for an additional 5 on this, eelgrass transplant success would impact eelgrass, a post-construction eelgrass survey shall be conducted by a qualified tigating environmental considerations) a program components which would impact eelgrass, mitigation habitat shall be created Specific milestones and criteria for success are directed in the SCEMP along with ion of 7 percent per month of additional through fill or appropriate habitat in the Bay. Any delays to eelgrass planting after the Conduct monitoring reports at 6, 12, 24, 36, 48, and 60 months post-transplant. ion would be required for additional time Subsequent to construction of any program-level components of the project that able at the time of construction of the guidelines for remedial actions if the success criteria are not met, which would Initiate any potential additional mitigation within 135 days of project inception; projects requiring more than 135 days to be completed may result in further - 114 - tion eelgrass surveys amount of required additional mitigation. In addition, the Port shall: Mitigation Measure Conduct transplant reports following construction between the pre-construction and post-construc Supplementary Transplant Area to be cons require (based on the absence of other mi impact occurs would require additional mitigat If an appropriate mitigation site is not avail such a large amount of sediment. Based not be possible for 1 to 2 years. Mitigat biologist. The post-construction survey sha of construction activities to confirm the ex *Applies to Significant Impact 6.11-1. to eelgrass to below significance. additional mitigation. delays. years. eelgrass. C. D. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 886 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING City P Completion ASTER Date of R ONITORING AND M AYFRONT City City Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing to pay fair share of project, applicant -Prior to Building -Prior to Building -Verify adequate additional sewer Permit Approval Permit Approval (if City acquires Responsible acquisition fee) Building Permit sewer capacity Party and exists prior to C Applicant(s) capacity for Approval of Applicant M City remain below a level of significance. As indicated above, the fees set forth in Government ed less than cumulatively considerable, and eet the need resulting from project development. paid, the impact would be deemed mitigated as a matter of law. Therefore, this mitigation ir-share contribution to the provision of the red to implement or fund its fair share of a MM 6.15.7-1 For Phase I residential project, prior to the approval of a building permit, the applicant(s) development until the City has acquired adequate sewer capacity to serve the proposed serve the proposed development, no building permit shall be approved for the proposed proposed development. In the event the City does not have adequate sewer capacity to Implementation of Mitigation Measure 6.15.7-1 would provide funds that can be used to shall pay a Public Facilities Development Impact Fee (PFDIF) or other equivalent fee in imes referred to as a "developer fee") is measure would reduce the cumulative impact to schools to a level less than significant. development. In accordance with Section 15130(a)(3) of the State CEQA Guidelines, a it has adequate sewer capacity to serve the Payment of statutory school fees would ensure that project impacts to school services "mitigating" school facilities impacts of projects (Government Code Section 65996(a)). permit, the applicant shall pay all required school an amount calculated according to the City's PFDIF program in effect at the time of alleviate the cumulative impact. The Due to existing library deficiency and inability to demonstrate that fees would fully MM 6.15.2-1 Prior to the approval of a building permit for any development in all phases of the Code Section 65996 constitute the exclusive means of both "considering" and needed sewer service mitigates the cumulative impact to below significance. - 115 - Mitigation Measure Once the statutory school mitigation fee (somet thus is not significant when the project is requi requirement for the contribution to provide a fa significant cumulative impact would be render mitigation measure or measures designed to Proposed Project, the City shall verify that construct new facilities, as required, to m *Applies to Significant Impact 6.15.6-1. *Applies to Significant Impact 6.15.2-1 MM 6.15.6-1 Prior to the issuance of a building permit issuance. mitigation fees. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 887 0 ¦¤ ROJECT MMRP ROGRAM Verification Date of P LAN P EPORTING Port or City P Completion ASTER Date of R ONITORING AND M AYFRONT Monitoring Agency B ISTA M ITIGATION V HULA Mitigation Timing Responsible Party and C Applicant M Despite the fact that the Project would result in adoption of these conservation measures, mitigate, implementation of the measure would not reduce the significant impact to library upply would remain significant and unmitigated actices and air quality improvements in the City's Growth Management Program. entities responsible for arranging electric ements in order to increase transit use mix of uses that locate residential areas because of the of the uncertainty of the future supply of energy, which is within the consistent with the City's AQIP - 116 - within reasonable walking distance to jobs, services, and transit. Mitigation Measure new development and redevelopment projects Encourage innovative energy conservation pr and reduce dependency on the automobile. Promote and facilitate transit system improv responsibility and control of SDG&E and other MM 6.17-1 Encourage compact development featuring a Guidelines or their equivalent, pursuant to the cumulative impact relative to energy s energy supplies, not the Port or the City. services to a level below significance. *Applies to Significant Impact 6.15.7-1 *Applies to Significant Impact 6.17-1. Packet Number May 2010 !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ Exhibit 1 Wildlife Habitat Areas ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 888 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 889 D StreetD Street FillFill Sweetwater MarshSweetwater Marsh . . . F&G StreetF&G Street 1-g1-g 2-a2-a MarshMarsh J StreetJ Street MarshMarsh Chula VistaChula Vista Wildlife ReserveWildlife Reserve U.S. Navy RadioU.S. Navy Radio Receiving FacilityReceiving Facility Salt WorksSalt Works National Wildlife Refuge (San Diego Bay Unit)*Port Master Plan - Planning District 7 Feet 021,000,000 Conservation Land and Water Designations Sweetwater Marsh National Wildlife Refuge* AERIAL SOURCE: DIGITAL GLOBE, MARCH 2007 Estuary City of Chula Vista LCP Open Space Land Use Designation Habitat Replacement City of Chula Vista S-4 100 ft. No-Touch Buffer Wetland CVBMP Boundary Proposed Navigation Channel Exhibit 1 to the Mitigation Monitoring and Reporting Program for the Chula Vista Bayfront Master Plan Wildlife Habitat Areas *National Wildlife Refuge lands are included in the definition of Wildlife Habitat Areas for the sole purpose of addressing adjacency impacts and not for the purpose of imposing affirmative resource management obligations with respect to the areas within the National Wildlife Refuge lands. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 890 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 891 Exhibit 2 Buffer Areas ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 892 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 893 No-Touch Buffer -min 200 ft width Sweetwater District -min 100 ft width S-4 Parcel -min 100 ft width OtayDistrict Limited Use Buffer -min 100 ft width Transitional Use Buffer -min 100 ft width Promenade Exhibit 2 to the Mitigation Monitoring and Reporting Program forthe Chula Vista BayfrontMaster Plan Buffer Areas (Defined by Chapter 3, Project Description, of the Final EIR) ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 894 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 895 Exhibit 3 Energy Demand Reduction ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 896 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 897 898 0 ¦¤ April 9 with atonly reviewer lighting of needed, used, energy andleast and the in 1 Construction, coordinated LEED a efficiencies Page during possible. 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Options Environmental energy Practices April Performance Efficiency and Construction, sponsored Concepts Best and Challenge Energy Links High II Energy III, Volume Packet Vista / for Building 3_MMRP Volume New !¦¤­£  Building in Collaborative Chula Leadership 2006 in IPMVP, Savings 24 Exhibit of ΑΏΐΕȃΏΕȃΐΓ Living CHPS Title City 907 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ EXHIBITD ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 908 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 909 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 910 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 911 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 912 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 913 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 914 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 915 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 916 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 917 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 918 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 919 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 920 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 921 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 922 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 923 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 924 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 925 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 926 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 927 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 928 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 929 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 930 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 931 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 932 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 933 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 934 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 935 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 936 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 937 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 938 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 939 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 940 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 941 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 942 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 943 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 944 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 945 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 946 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 947 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 948 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 949 San Diego Unified Port District Chula Vista Bayfront Development Policies July 2012 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 950 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 951 Table of Contents SectionPage 1.Environmental Management Policies ................................................................................. 1 2.Wetlands ............................................................................................................................. 2 3.Climate Change and Sea Level Rise .................................................................................. 4 4.Wildlife Protection: Bird Strikes and Disorientation ............................................................. 5 5.Buffer Areas for Wildlife Protection ..................................................................................... 7 6.Landscaping and Vegetation ............................................................................................ 10 7.Lighting and Illumination ................................................................................................... 10 8.Noise ................................................................................................................................ 11 9.Public, Resident, Visitor, Worker Education Program Education ..................................... 11 10.Boating Impacts ................................................................................................................ 11 11.Walkway and Pathway Design ......................................................................................... 12 12.Predator Management ...................................................................................................... 13 13.Stormwater and Urban Runoff Quality .............................................................................. 13 14.Additional Habitat Management and Protection ............................................................... 15 15.Energy .............................................................................................................................. 16 16.Hazardous Materials and Exposure Policies .................................................................... 18 17.Public Engagement ........................................................................................................... 18 18.Public Access ................................................................................................................... 19 19.Sweetwater and Otay District Public Park Requirements ................................................. 20 20.Circulation and Pedestrian Orientation ............................................................................. 20 21.Visitor Serving Policies ..................................................................................................... 21 22.Funding and Community Benefits ..................................................................................... 22 23.Views and Aesthetics ........................................................................................................ 23 24.Transit ............................................................................................................................... 26 25.In-water Activities.............................................................................................................. 28 26.Signage ............................................................................................................................ 28 Exhibits Exhibit 1. Wildlife Habitat Areas Exhibit 2. Buffer Areas Exhibit 3. Energy Standards Exhibit 4. Resort Conference Center (H-3) Development Exhibit 5. Sweetwater District (S-1/S-3) Development ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 952 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 953 CHULA VISTA BAYFRONT Development Policies PLANNING AND DEVELOPMENT POLICIES The policies below form the Chula Vista Bayfront Master Plan Development Policies (Plan). These policies are taken from the adopted and approved plans, certified environmental documents, enforceable settlement agreements, required mitigation measures, and conditions included in the approval process. They are meant to bring together, in one document, the conditions and policies that will apply to and guide the development of the Bayfront. This document has been incorporated by reference into Planning District 7, Chula Vista Bayfront, of the Port Master Plan. 1. Environmental Management Policies Policy 1.1: In recognition of the sensitivity of the natural resources and the importance of protection, restoration, management and enforcement in protecting those resources, the District and City will prepare a Natural Resources Management Plan (NRMP) for the Chula Vista Bayfront. The NRMP will be designed to achieve the Management Objectives (defined below) for the Wildlife Habitat Areas. The NRMP will be an adaptive management plan, reviewed and amended as necessary by the District and City in coordination with the Wildlife Advisory Group. The Wildlife Advisory Group shall be formed to advise the District and City in the creation of a NRMP, cooperative management agreements, Adaptive Management Review and any related wildlife management and restoration plans or prioritizations. Because it will be frequently revised and updated, the NRMP has not been incorporated into the Port Master Plan (PMP). If there are any conflicts between the NRMP and any portion of the PMP, the provisions of the PMP shall control and take precedence. Policy 1.2: A NRMP will be created as a condition of this Plan and will meet the management objectives below. Policy 1.3: Taking into consideration the potential changes in functionality of Wildlife Habitat Areas due to rising sea levels, the NRMP will promote, at a minimum, the following objectives (“Management Objectives”) for the Wildlife Habitat Areas: a) Long term protection, conservation, monitoring, and enhancement of: 1) Wetland habitat, with regard to gross acreage as well as ecosystem structure, function, and value; 2) Coastal sage and coastal strand vegetation; and 3) Upland natural resources for their inherent ecological values, as well as their roles as buffers to more sensitive adjacent wetlands. b) Upland areas in the Sweetwater and Otay Districts will be adaptively managed to provide additional habitat or protection to create appropriate transitional habitat during periods of high tide and taking into account future sea level rise. c) Preservation of the biological function of all Bayfront habitats serving as avifauna for breeding, wintering, and migratory rest stop uses. d) Protection of nesting, foraging, and rafting wildlife from disturbance. e) Avoidance of actions within the Chula Vista Bayfront area that would adversely impact or degrade of water quality in San Diego Bay or watershed areas or impair efforts of other entities for protection of the watershed. f) Maintenance and improvement of water quality where possible and coordination with other entities charged with watershed protection activities. Page 1 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 954 Wildlife Habitat Areas is defined below and are depicted on Exhibit 1: All National Wildlife refuge lands, currently designated and designated in the future, in the South San Diego Bay and Sweetwater Marsh National Wildlife Refuge Units. These areas are included in the definition of Wildlife Habitat Areas for the sole purpose of addressing adjacency impacts and not for the purpose of imposing affirmative resource management obligations with respect to the areas within the National Wildlife Refuge lands. All District designated lands and open water areas in the Conservation Land Use Designations of Wetlands, Estuary, and Habitat Replacement as depicted in the Precise Plan for Planning District 7. Parcels 1g and 2a from the City’s Bayfront Specific Plan. Policy 1.4: In addition to the standards described above, the NRMP will include: a) All elements which address natural resource protection in the Final Environmental Impact Report Mitigation Monitoring and Reporting Program (MMRP) including but not limited to those which assign responsibility and timing for implementing mitigation measures consistent with the City’s Multiple Species Conservation Program (MSCP) Subarea Plan. b) Pertinent sections of the MSCP Subarea Plan. c) References to existing District policies and practices, such as Predator management programs and daily trash collections with public areas and increase service during special events. d) Establishment of design guidelines to address adjacency impacts, such as storm water, landscape design, light and noise and objectives as discussed in this Plan. e) Establishment of baseline conditions and management objectives. f) Habitat enhancement objectives and priorities. Policy 1.5: The NRMP will be a natural resource adaptive management and monitoring plan initially prepared in consultation with the Wildlife Advisory Group and regularly reviewed and amended in further consultation with the Wildlife Advisory Group. Periodic Review will address, among other things, monitoring of impacts of development as it occurs and monitoring the efficacy of water quality improvement projects (if applicable) and management and restoration actions needed for resource protection, resource threats, management (i.e., sea-level rise, trash, window bird strikes, lighting impacts, bird flushing, water quality, fireworks, human-wildlife interface, education and interpretation programs, public access, involvement, and use plan, management of the human-wildlife interface, wildlife issues related to facilities, trails, roads, overlooks planning, and watershed coordination) and other issues affecting achievement of Management Objectives and related to Adaptive Management Review. 2. Wetlands Policy 2.1: The biological productivity and the quality of wetlands shall be protected and, where feasible, restored. Policy 2.2: Wetlands shall be defined and delineated consistent with the Coastal Act and the Coastal Commission Regulations, and shall include, but not be limited to, lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, Page 2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 955 swamps, mudflats, and fens. Any unmapped areas that meet these criteria are wetlands and shall be accorded all of the protections provided for wetlands in the PMP. Wetlands shall be further defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. Policy 2.3: Where the required initial site inventory indicates the presence or potential for wetland species or other wetland indicators, the District shall require the submittal of a detailed biological study of the site, with the addition of a delineation of all wetland areas on the project site. Wetland delineations shall be based on the definitions contained in Section 13577(b) of Title 14 of the California Code of Regulations. Policy 2.4: a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this Plan, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (4) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (6) Restoration purposes. (7) Nature study, aquaculture, or similar resource dependent activities. Policy 2.5: Where wetland fill or development impacts are permitted in wetlands in accordance with the Coastal Act and any applicable PMP policies, mitigation measures shall include creation of wetlands of the same type lost. Adverse impacts will be mitigated at a ratio of 4:1 for all types of wetland, and 3:1 for non-wetland riparian areas. Replacement of wetlands on-site or adjacent to the project site, within the same wetland system, shall be given preference over replacement off-site or within a different system. Areas subjected to temporary wetland impacts shall be restored to the pre-project condition at a 1:1 ratio. Temporary impacts are disturbances that last less than 12 months and do not result in the physical disruption of the ground surface, death of significant vegetation within the development footprint, or negative alterations to wetland hydrology. Page 3 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 956 Policy 2.6: Wherever wetlands are identified, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat shall be established. In some unusual cases, smaller buffers may be appropriate, when conditions of the site as demonstrated in a site-specific biological survey, the nature of the proposed development, etc. show that a smaller buffer would provide adequate protection. In such cases, the California Department of Fish and Game (CDFG) must be consulted and agree that a reduced buffer is appropriate and the District, or Commission on appeal, must find that the development could not be feasibly constructed without a reduced buffer. However, in no case shall the buffer be less than 50 feet. Policy 2.7: At the time of adoption of the Chula Vista Bayfront plan, the seasonal ponds designated “Former Industrial Areas in Process of Remediation” on O-1 and O-4 have been identified as wetland habitat. These areas will be preserved and infrastructure rerouted to preserve the resource. Site-specific studies to assess the extent and quality of natural resources on the site will be required at the time development is proposed. 3. Climate Change and Sea Level Rise: “Sea level rise” means a change in the mean level of the ocean. Accepted sea level rise scenarios shall be based on best available science (such as the October 2010 State of California Sea Level Rise Interim Guidance Document by the California Climate Action Team) and are presently projected at a range of approximately 10 to 17 inches for 2050. Policy 3.1: Buffers within the Port Master Plan area have been designed to accommodate potential areas of future sea level rise inundation and are identified on Exhibit 2. The Chula Vista Bayfront plan also provides for an adequate amount of habitat migration within the identified buffer areas based on a projected sea level rise. In cases where buffers have not yet been established, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat shall be established. Buffers should take into account and adapt for rises in sea level by incorporating wetland migration areas or other sea level rise adaptation strategies as appropriate. The CDFG and U.S. Fish and Wildlife Service (USFWS) must be consulted in such buffer determinations and, in some cases, the required buffer, especially for salt marsh wetlands, could be greater than 100 feet. Uses and development within buffer areas shall be limited to minor passive recreational uses, with fencing, desiltation or erosion control facilities, or other improvements deemed necessary to protect the habitat, to be located in the upper (upland) half of the buffer area; however, water quality features required to support new development shall not be constructed in wetland buffers. All wetlands and buffers identified and resulting from development and use approval shall be permanently conserved or protected through the application of an open space easement or other suitable device. All development activities, such as grading, buildings and other improvements in, adjacent to, or draining directly to a wetland must be located and built so they do not contribute to increased sediment loading of the wetland, disturbance of its habitat values, or impairment of its functional capacity. Policy 3.2: Development shall consider the potential changes in functionality of Wildlife Habitat Area due to rising sealevels and coordinate management with the District and City Climate Mitigation and Adaptation Plans.Siting and design of new shoreline development shall take into account predicted future changes in sea level. In particular, an acceleration of the historic rate of sea level rise shall be considered and based upon up-to-date scientific papers and studies, agency guidance (such as the 2010 Sea Level Guidance from the Page 4 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 957 California Ocean Protection Council), and reports by national and international groups such as the National Research Council and the Intergovernmental Panel on Climate Change. Consistent with all provisions of the PMP, new structures shall be set back a sufficient distance landward or other sea level rise adaptation strategies incorporated to eliminate or minimize, to the maximum extent feasible, hazards associated with anticipated sea level rise over the expected economic life of the structure. Policy 3.3:Upland areas in the Sweetwater and Otay Districts will be adaptively managed to provide additional habitat or protection to create appropriate transitional habitat during periods of high tide and taking into account future sea level rise. Policy 3.4: Prospective development on S-1 shall be evaluated for potential hazards associated with the current year 2050 and 2100 projected sea level rise scenarios developed by the District. Development and siting decisions shall take into account identified risks on the site as well as to surrounding resources and incorporate building setbacks or other sea level rise adaptation strategies as appropriate. 4. Wildlife Protection: Bird Strikes and Disorientation Policy 4.1: Prior to issuance of any building permits, building plans shall be reviewed by a qualified biologist retained by the developer and approved by the District, to verify that the proposed building has incorporated specific design features to avoid or to reduce the potential for bird strikes and that employ measures described below: Policy 4.1.1: Lighting a) No solid red or pulsating red lights shall be installed on or near the building unless required by the Federal Aviation Administration (FAA). b) Where lighting must be used for safety reasons (FAA 2000 Advisory Circular), minimum intensity, maximum off-phased (3 seconds between flashes) white strobes shall be used. c) No solid spot lights or intense bright lights shall be used during bird migration periods in the spring (from March to May) and fall (from August to October). All event lighting shall be directed downward and shielded, unless such directed and shielded minimized light spills beyond the area for which illumination is required. d) Exterior lighting shall be limited to that which is necessary and appropriate to ensure general public safety and way finding, including signage for building identification and way finding. e) Exterior lighting shall be directed downward and shielded to prevent upward lighting and to minimize light spill beyond the area for which illumination is required. f) Office space, residential units, and hotel rooms shall be equipped with motion sensors, timers, or other lighting control systems to ensure that lighting is extinguished when the space is unoccupied. g) Office space, residential units, and hotel rooms shall be equipped with blinds, drapes, or other window coverings that may be closed to minimize the effects of interior night lighting. Policy 4.1.2: Glass and Reflection a) Use of reflective coatings on any glass surface is prohibited. Page 5 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 958 b) Buildings shall incorporate measures to the satisfaction of the District or the City to indicate to birds that the glass surface is solid by creating visual markers and muting reflection. c) Project design standards will encourage window stencilling and angling. d) These measures may include but are not limited to the following: i. Glass surfaces which are non-reflective ii. Glass surfaces which are tilted at a downward angle iii. Glass surfaces which use fritted or patterned glass iv. Glass surfaces which use vertical or horizontal mullions or other fenestration patterns v. Glass surfaces which are fitted with screening, decorative grills, or louvers vi. Glass surfaces which use awnings, overhangs, bris sole, or other exterior sun-shading devices vii. Glass surfaces which use external films or coatings perceivable by birds viii. Artwork, drapery, banners, and wall coverings that counter the reflection of glass surfaces or block "see through" pathways. Policy 4.1.3: Building Articulation a) Structure design will include secondary and tertiary setbacks and, to the maximum extent possible, stepped back building design, protruding balconies, recessed windows, and mullioned glazing systems, shall be incorporated to the extent feasible. Balconies and other elements will step back from the water's edge. b) Design features that increase the potential for bird strikes, such as walkways constructed of clear glass and "see through" pathways through lobbies, rooms and corridors, shall be avoided except for minor features intended to enhance view opportunities at grade level and only when oriented away from large open expanses. c) Buildings shall be sited and designed to minimize glass and windows facing Wildlife Habitat Areas to the maximum extent possible. Design for towers on Parcel H-3 should avoid east-west monolith massing and shall include architectural articulation. d) Parcels containing surface parking, such as those depicted for the Sweetwater District, will be designed with parking lots located nearer to the Wildlife Habitat Areas. Site plans on parcels adjacent to Wildlife Habitat Areas will maximize distance between structures and such areas. Policy 4.1.4: Landscaping a) Exterior trees and landscaping shall be located and glass surfaces shall incorporate measures so that exterior trees and landscaping are not reflected on building surfaces. b) In small exterior courtyards and recessed areas, the building's edge shall be clearly defined with opaque materials and non-reflective glass. c) Interior plants shall be located a minimum of 10 feet away from glass surfaces to avoid or reduce the potential for attracting birds. Policy 4.1.5: Public Education a) The owner or operator of each building shall implement an ongoing procedure to the satisfaction of the District or the City to encourage tenants, residents, and guests to close their blinds, drapes, or other window coverings to reduce or avoid the potential for bird strikes. Page 6 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 959 b) The owner or operator of each building shall enroll in the Fatal Light Awareness Program's "Bird-Friendly Building Program" and shall implement ongoing tenant, resident, and guest education strategies, to the satisfaction of the District or the City, to reduce or avoid the potential for bird strikes, such as elevator and lobby signage and educational displays, e-mail alerts and other bulletins during spring and fall migratory seasons, and other activities designed to enlist cooperation in reducing bird collisions with the building. Policy 4.1.6: Monitoring Bird Strikes and Collisions For Phase I projects, the project applicant shall retain a qualified biologist to design a protocol and schedule, in consultation with the USFWS and subject to the approval of the District or City, as appropriate depending on jurisdiction, to monitor bird strikes which may occur during the first 12 months after the completion of construction. Within 60 days after completion of the monitoring period, the qualified biologist shall submit a written report to the District or the City, which shall state the biologist's findings and recommendations regarding any bird strikes that occurred. Based on the findings of those reports, the District or the City, as appropriate depending on jurisdiction, in coordination with the USFWS, will evaluate whether further action is required, which may include further monitoring or redesign of structures for future phases. Policy 4.2: Bird strikes must be monitored and measures developed to address persistent problem areas in accordance with the NRMP. Nighttime lighting in tower buildings must be addressed and evaluated through adaptive management such that impacts on birds are avoided or minimized. Minimization of impacts of buildings on birds and the Wildlife Habitat Areas will be a priority in the selection of window coverings, glass color, other exterior materials, and design of exterior lighting and lighting of signs. 5. Buffer Areas for Wildlife Protection Policy 5.1: Designate “No Touch” Buffer Areas as defined and described in Exhibit 2. Such areas will contain fencing designed specifically to limit the movement of domesticated, feral, and nuisance predators (e.g. dogs, cats, skunks, opossums and other small terrestrial animals \[collectively, “Predators”\]) and humans between developed park and No Touch Buffer Areas and Wildlife Habitat Areas. The fence will be a minimum 6-foot high, black vinyl chain link fence or other equally effective barrier designed to take into consideration public views of the Bay and the need to protect natural resources. Fence design may include appropriate locked access points for maintenance and other necessary functions. Installation of the fence will include land contouring to minimize visual impacts of the fence. The installation of such fencing must be completed prior to the issuance of Certificates of Occupancy for development projects on either Parcel H-3 or H-23 and in conjunction with development or road improvements in the Sweetwater District. Policy 5.2: Prohibit active recreation, construction of any road (whether paved or not), within No Touch Buffer Areas and “Transition Buffer Areas” as that term is defined and described in Exhibit 2, with the exception of existing or necessary access points for required maintenance. Policy 5.3: Protect the No Touch Buffer Areas from the impacts of the Chula Vista Bayfront project including, without limitation, fencing necessary to protect the Sweetwater Marsh and the Sweetwater parcel tidal flats, the J Street Marsh next to the San Diego Bay National Wildlife Refuge, and the north side of Parcel H-3. Page 7 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 960 Policy 5.4: Include additional controls and strategies restricting movement of humans and Predators into sensitive areas beyond the boundaries of the designated Buffer Areas. Policy 5.5: Require the Recreational Vehicle (RV) Park to install fencing or other barriers sufficient to prevent passage of predators and humans into sensitive adjacent habitat. Policy 5.6: Require all dogs to be leashed in all areas of the Chula Vista Bayfront at all times except in any designated and controlled off-leash areas. Policy 5.7: Impose and enforce restrictions on all residential development to keep cats and dogs indoors or on leashes at all times. Residential developments will be required to provide education to owners and/or renters regarding the rules and restrictions regarding the keeping of pets. Policy 5.8: Habitat buffers shall include a 100-foot-wide buffer from the seasonal pond (parcel SP-2) within the Sweetwater District, a 400-foot combined buffer in the Sweetwater District and a minimum 100-foot buffer in the Otay District. Policy 5.9: “Environmentally sensitive habitat area” (ESHA) means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. The following areas shall be considered ESHA, unless there is compelling site-specific evidence to the contrary: Any habitat area that is rare or especially valuable from a local, regional, or statewide basis. Areas that contribute to the viability of plant or animal species designated as rare, threatened, or endangered under State or Federal law. Areas that contribute to the viability of species designated as Fully Protected or Species of Special Concern under State law or regulations. Areas that contribute to the viability of plant species for which there is compelling evidence of rarity, for example, those designated by the California Native Plant Society (CNPS) as 1b (Rare or endangered in California and elsewhere), such as Nuttall’s scrub oak or “2” (rare, threatened or endangered in California but more common elsewhere), such as wart-stemmed Ceanothus. Policy 5.10: New development shall be sited and designed to avoid impacts to ESHA. ESHA shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. These uses include enhancement/restoration work, passive recreational parks and public access or recreational facilities such as trails and bike paths integrated into the natural environment and sited and designed to preserve, and be compatible with, native habitat. Policy 5.11: At the time of adoption of the Chula Vista Bayfront plan, the Coastal Sage Scrub on the berm in the S-1 and S-2 parcel areas and the non-native grasslands located in various locations within the Chula Vista Bayfront Master Plan were not identified as ESHA. Page 8 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 961 Site-specific studies to assess the extent and quality of natural resources on a site will be required at the time development is proposed. Policy 5.12: In the 1-g parcel area, a pedestrian bridge is proposed to create a linkage over a tidal inlet associated with the F and G Street Marsh. Tidal habitats should be treated as ESHA and the bridge crossing must be designed to enhance the habitat values present and reduce erosion. This bridge span must be extended and the existing incised channel slope should be cut back, reducing the slope and then creating additional salt marsh habitat on the created floodplain. Site-specific studies to assess the extent and quality of natural resources at the site will be required at the time development is proposed. Policy 5.13: If located in or adjacent to ESHA, new development shall include an inventory conducted by a qualified biologist of the plant and animal species present on the project site. If the initial inventory indicates the presence or potential for sensitive species or habitat on the project site, a detailed biological study shall be required. Sensitive species are those listed in any of three categories: federally listed, state listed or designated species of special concern or fully protected species, and CNPS categories 1B and 2. Policy 5.14: Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. Policy 5.15: All buffers around (non-wetland)ESHA shall be a minimum of 100 feet in width, or a lesser width may be approved by the District if findings are made that a lesser buffer would adequately protect the resource. However, in no case can the buffer size be reduced to less than 50 feet. Policy 5.16: Public access-ways and trails are considered resource dependent uses. New access-ways and trails located within or adjacent to ESHA shall be sited to minimize impacts to ESHA to the maximum extent feasible. Measures including, but not limited to, signage, placement of boardwalks, and limited fencing shall be implemented as necessary to protect ESHA. Policy 5.17: Modifications to required development standards that are not related to ESHA protection (street setbacks, height limits, etc.) shall be permitted where necessary to avoid or minimize impacts to ESHA. Policy 5.18: Protection of ESHA and public access shall take priority over other development standards and where there is any conflict between general development standards and ESHA and/or public access protection, the standards that are most protective of ESHA and public access shall have precedence. Policy 5.19: Impacts to native habitat that does not constitute ESHA that cannot be avoided through the implementation of siting and design alternatives shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site or where off-site mitigation is more protective. Mitigation for impacts to native habitat shall be provided at a 3:1 ratio. Page 9 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 962 6. Landscaping and Vegetation Policy 6.1: The following landscape guidelines will apply to the Chula Vista Bayfront area: a) Invasive plant species (as listed in the California Invasive Plant Inventory list or California Invasive Plant Inventory Database or updates) will not be used in the Chula Vista Bayfront area. Any such invasive plant species that establishes itself within the Chula Vista Bayfront area will be immediately removed to the maximum extent feasible and in a manner adequate to prevent further distribution into Wildlife Habitat Areas. A condition of approval for coastal development permits will require applicants to remove any such invasive plant species that established itself within the Chula Vista Bayfront area. b) Only designated native plants will be used in No Touch Buffer Areas, habitat restoration areas, or in the limited and transitional zones of Parcel SP-1 adjacent to Wildlife Habitat Areas. c) Non-native plants will be prohibited adjacent to Wildlife Habitat Areas and will be strongly discouraged and minimized elsewhere where they will provide breeding of undesired scavengers. d) No trees will be planted in the No Touch Buffer Areas or directly adjacent to a National Wildlife Refuge, J Street Marsh, or SP-2 areas where there is no Buffer Area. 7. Lighting and Illumination Policy 7.1: All roadways will be designed, and where necessary edges bermed, to ensure penetration of automobile lights in the Wildlife Habitat Areas will be minimized subject to applicable City and District roadway design standards. Policy 7.2: Explicit lighting requirements to minimize impacts to Wildlife Habitat Areas will be devised and implemented for all Bayfront uses including commercial, residential, municipal, streets, recreational, and parking lots. Beacon and exterior flood lights are prohibited where they would impact a Wildlife Habitat Area and use of this lighting should be minimized throughout the project. Policy 7.3: All street and walkway lighting should be shielded to minimize sky glow. Policy 7.4: To the maximum extent feasible, all external lighting will be designed to minimize any impact on Wildlife Habitat Areas, and operations and maintenance will be devised to ensure appropriate long-term education and control of light impacts. To the maximum extent feasible, ambient light impacts to the Sweetwater or J Street Marshes will be minimized. Policy 7.5: Sweetwater and Otay District parks will open and close in accordance with District Park Regulations. Policy 7.6:Laser light shows will be prohibited. Policy 7.7: Construction lighting will be controlled to minimize Wildlife Habitat Areas impacts. Policy 7.8: In Sweetwater and Otay District parks, lighting will be limited to that which is necessary for security purposes. Security lighting will be strictly limited to that required by Page 10 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 963 applicable law enforcement. All lighting proposed for the Sweetwater and Otay District parks and the shoreline promenade will be placed only where needed for human safety. Lights will be placed on low-standing bollards, shielded, and flat bottomed, so the illumination is directed downward onto the walkway and does not scatter. Lighting that emits only a low-range yellow light will be used to minimize ecological disruption. No night lighting for active sports facilities will be allowed. 8. Noise Policy 8.1: Construction noise shall be controlled to minimize impact to Wildlife Habitat Areas. 9. Public, Resident, Visitor, Worker Education Program Education Policy 9.1: An environmental education program will be developed and implemented and will include the following: a) The program must continue for the duration of the Chula Vista Bayfront project and must target both residential and commercial uses as well as park visitors. b) The program’s primary objective will be to educate Bayfront users, residents, visitors, tenants and workers about the natural condition of the Bay, the ecological importance of the Chula Vista Bayfront area and the public’s role in the restoration and protection of wildlife resources of the Bay. Policy 9.2: The environmental education program will include educational signage, regular seminars and interpretive walks on the natural history and resources of the area, and regular stewardship events for volunteers (i.e., shoreline and beach cleanups, exotic plant removal, etc.). Policy 9.3: The environmental education program will include adequate annual funding for personnel or contractor/consultant and overhead to ensure implementation of the following functions and activities in collaboration with the Chula Vista Nature Center or USFWS: a) Coordination of volunteer programs and events; b) Coordination of interpretive and educational programs; c) Coordination of tenant, resident and visitor educational programs; d) Docent educational; and e) Enhancements and restoration events. 10. Boating Impacts Policy 10.1: All boating, human, and pet intrusion must be kept away from F&G Street channel mouth and marsh. Policy 10.2: Water areas will be managed with enforceable boating restrictions No boating will be allowed in vicinity of the J Street Marsh or east of the navigation channel in the Sweetwater District during the fall and spring migration and during the winter season when flocks of birds are present. Page 11 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 964 Policy 10.3: All rentals of personal water craft (PWC) will be prohibited in the Chula Vista Bayfront. (Note: PWC will mean a motorboat less than sixteen feet in length which uses an inboard motor powering a jet pump as its primary motive power and which is designed to be operation by a person sitting, standing, or kneeling on rather than in the conventional manner of sitting or standing inside the vessel.) Policy 10.4: Use of PWCs will be prohibited in Wildlife Habitat Areas, subject to applicable law. Policy 10.5: A five (5) mile per hour speed limit will be enforced in areas other than the navigation channels. Policy 10.6:Boating in the project area will be managed in a manner that protects water quality and that ensures persons or employees maintaining boats in slips or using slips on a transient basis are made aware of water quality provisions. a) Approval of projects within Chula Vista Bayfront Master Plan marinas shall include appropriate requirements from the District Jurisdictional Urban Runoff Management Document (JURMP) that includes appropriate Best Management Practices (BMPs) for controlling adverse impacts to water quality related to the boating facilities, including those BMPs for activities occurring over water. b) Approval of projects within the Chula Vista Bayfront Master Plan marinas shall include a requirement forboating facilities to identify procedures for inspection of boater activities and sanctions for boaters that may be adversely impacting water quality. c) Marinas in the Chula Vista Bayfront Master Plan project area shall provide evidence of ongoing efforts to protect water quality, such as a current certification by the Clean Marinas program (cleanmarina.org), stormwater BMP Plan, orother equivalent documentation of clean marina practices (http://www.cleanmarina.org/cleanmanual.shtml). d) San Diego Bay is a federally designated No Discharge Zone. The District shall ensure that District-leased facilities are adequately informing their boater tenants of their responsibilities regarding the discharge of sewage and are providing information to boaters on ways to anonymously report violators. e) The District shall adopt an addendum to leasing agreements for boating facilities that specifies actions that should be taken to protect water quality. This addendum should reflect applicable water quality laws and regulations pertaining to San Diego Bay. 11. Walkway and Pathway Design Policy 11.1: Walkways, paths, and overlooks near Wildlife Habitat Areas outside of the No Touch Buffer Areas will be designed in accordance with the following: a) Alignment, design, and general construction plans of walkways and overlooks will be developed to minimize potential impacts to Wildlife Habitat Areas. b) Path routes will be sited with appropriate setbacks from Wildlife Habitat Areas. c) Paths running parallel to shore or marsh areas that will cause or contribute to bird flushing will be minimized throughout the Chula Vista Bayfront. d) Walkways and overlooks will be designed to minimize and eliminate, where possible, perching opportunities for raptors and shelter for skunks, opossums or other Predators. Page 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 965 e) Walkways and overlooks that approach sensitive areas must be blinded, raised, or otherwise screened so that birds are not flushed or frightened. In general, walkway and overlook designs will minimize visual impacts on the Wildlife Habitat Areas of people on the walkways. 12. Predator Management Policy 12.1: The NRMP will include provisions designed to manage Predator impacts on Wildlife Habitat Areas which will include and comply with the following: a) Year-round, funded Predator management will be implemented for the life of the Chula Vista Bayfront project with clearly delineated roles and responsibilities for the District, City and Resource Agencies. The primary objective of such provisions will be to adequately protect terns, rails, plovers, shorebirds, over-wintering species, and other species of high management priority as determined by the Resource Agencies. b) Predator management will include regular foot patrols and utilize tracking techniques to find and remove domestic or feral animals. c) Predator attraction and trash management shall be addressed for all areas of the Chula Vista Bayfront project by identifying clear management measures and restrictions. Examples of the foregoing include design of trash containers, including those in park areas and commercial dumpsters, to be covered and self-closing at all times, design of containment systems to prevent access by sea gulls, rats, crows, pigeons, skunks, opossums, raccoons, and similar animals and adequate and frequent servicing of trash receptacles. d) All buildings, signage, walkways, overlooks, light standards, roofs, balconies, ledges, and other structures that could provide line of sight views of Wildlife Habitat Areas will be designed in a manner to discourage their use as raptor perches or nests. 13. Stormwater and Urban Runoff Quality Policy 13.1: Provisions for access for non-destructive maintenance and removal of litter and excess sediment will be integrated into these facilities. In areas that provide for the natural treatment of runoff, cattails, bulrush, mulefat, willow, and the like are permissible. Policy 13.2: In order to protect the quality of coastal waters the District shall promote the protection of water quality that meets state standards and the restoration of waters that do not meet state standards, and encourage and support public outreach and education regarding the water quality impacts of development. All new development shall: a) Comply with the Regional Water Quality Control Board Order No. R9-2007-0001, National Pollutant Discharge Elimination System Permit No. CAS0108758, Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District (Municipal Permit), as adopted, amended, and/or modified or replaced by the Regional Water Quality Control Board with a new Municipal Permit. The Municipal Permit prohibits any activities that could degrade stormwater quality. b) Comply with the District Jurisdictional Urban Runoff Management Document and the District Standard Urban Stormwater Mitigation Plan which provides BMP requirements for new development and redevelopment. Page 13 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 966 c) Be designed and managed to minimize the introduction of pollutants into coastal waters to the maximum extent practicable. d) Be designed and managed to minimize increases in peak runoff rate and volume in order to avoid detrimental water quality impacts caused by excessive erosion or sedimentation. e) Include Site Design and Source Control BMPs and Low Impact Development practices, where feasible, in all developments. f) Implement the requirements of Hydromodification Management Plan developed pursuant to the Municipal Permit, as required. g) Minimize impervious surfaces in new development, especially directly connected impervious areas, and, where feasible, increase the area of pervious surfaces in redevelopment. h) Minimize erosion, sedimentation, and polluted runoff from construction-related activities of development, to the maximum extent practicable. i) Minimize the land disturbance activities of construction (e.g., clearing, grading, and cut- and-fill), especially in erosive areas (including steep slopes, unstable areas, and erosive soils), to avoid detrimental water quality impacts caused by increased erosion or sedimentation. Incorporate soil stabilization BMPs on disturbed areas as soon as feasible. j) Require Treatment Control BMPs, in addition to Site Design and Source Control measures, when the combination of Site Design and Source Control BMPs is not sufficient to protect water quality. k) Be designed, constructed and maintain any required Treatment Control BMPs (or suites of BMPs) are designed and constructed so that they treat, infiltrate, or filter the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24- hour storm event for volume-based BMPs, and/or the 85th percentile, 1-hour storm event (with an appropriate safety factor of 2 or greater) for flow-based BMPs. Policy 13.3: An on-site pump out facility shall be required with the development of any new marinas. Policy 13.4: Stormwater and non-point source urban runoff into Wildlife Habitat Areas must be monitored and managed so as to prevent unwanted ecotype conversion or weed invasion. A plan to address the occurrence of any erosion or type conversion will be developed and implemented, if necessary. Monitoring will include an assessment of stream bed scouring and habitat degradation, sediment accumulation, shoreline erosion and stream bed widening, loss of aquatic species, and decreased base flow. Policy 13.5: The use ofinsecticides, herbicides, rodenticides or any toxic chemical substance that drains into Wildlife Habitat Areas or which has the potential to significantly degrade ESHA, shall be prohibited within and adjacent to ESHAs, except where necessary to protect or enhance the habitat itself, such as eradication of invasive plant species, or habitat restoration. Application of such chemical substances shall not take place during the winter season or when rain is predicted within a week of application. Policy 13.6: Integrated Pest Management must be used in all outdoor, public, buffer, habitat, and park areas. Policy 13.7: Fine trash filters are required for all storm drain pipes that discharge toward Wildlife Habitat Areas. Page 14 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 967 14. Additional Habitat Management and Protection Policy 14.1: The District will exercise diligent and good faith efforts to enter into the following cooperative agreements with the USFWS or other appropriate agency or organization: a) An agreement providing for the long-term protection and management of the sensitive biological habitat running north from the South Bay Boatyard to the Sweetwater River Channel (known as the Sweetwater Tidal Flats) and addressing educational signage, long-term maintenance, and additional protection measures such as increased monitoring and enforcement, shared jurisdiction and enforcement by District personnel with legal authority to enforce applicable rules and regulations (“District Enforcement Personnel”), shared jurisdiction and enforcement by District Enforcement Personnel and other appropriate Resource Agencies of resource regulations, and placement of enforcement signage. Subject to the cooperation of the applicable Resource Agency, such cooperative agreement will be executed prior to the Development Commencement of any projects subject to District’s jurisdiction within the Sweetwater or Harbor Districts. b) An agreement for the long-term protection and management of the J Street Marsh and addressing additional protective measures such as educational signage, long-term maintenance, and monitoring and enforcement by District Enforcement Personnel and enforcement of resource regulations by District Enforcement Personnel and other Resource Agencies and placement of enforcement signage. Subject to the cooperation of the applicable Resource Agency, such cooperative agreement will be executed prior to the Development Commencement within the Otay District. c) If either of the cooperative agreements contemplated above is not achievable within three (3) years after Final Environmental Impact Report certification, the District will develop and pursue another mechanism that provides long-term, additional protection and natural resource management for these areas. Policy 14.2: The District will include an analysis of the appropriate level and method for wetland and marine life habitat restoration of the intake/discharge channels associated with the South Bay Power Plant in the environmental review document for the demolition of the South Bay Power Plant that includes below grade or in water structures. Policy 14.3: A permanent 100-foot-wide buffer shall be provided from proposed development around the seasonal wetland within Parcel SP-2. Policy 14.4: In order to ensure that sensitive resources are protected from adjacent development, at the time project specific development is proposed on parcel S-1, shading impacts, appropriate setbacks, step backs, and/or height reductions, will be analyzed as part of the necessary subsequent environmental review for those projects. Policy 14.5: As a future and separate project, the District will investigate, in consultation with the USFWS, the feasibility of restoring an ecologically meaningful tidal connection between the F & G Street Marsh and the upland marsh on parcel SP-2 consistent with USFWS restoration concepts for the area. At a minimum, the investigation will assess the biological value of tidal influence, the presence of hazardous materials, necessary physical improvements to achieve desired results, permitting requirements, and funding opportunities for establishing the tidal connection. This investigation will be completed prior to the Page 15 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 968 initiation of any physical alteration of SP-2, F Street, and/or the F & G Street Marsh. In addition, once emergency access to the Chula Vista Bayfront area has been adequately established such that F Street is no longer needed for public right-of-way, the District and City will abandon/vacate the F Street right-of-way for vehicular use, but may reserve it for pedestrian and bicycle use if ecologically appropriate. Policy 14.6: Channelizations or other substantial alterations of streams shall be prohibited except for: (1) necessary water supply projects where no feasible alternative exists; (2) flood protection for existing development where there is no other feasible alternative; or (3) the improvement of fish and wildlife habitat. Any channelization or stream alteration permitted for one of these three purposes shall minimize impacts to coastal resources, including the depletion of groundwater, and shall include maximum feasible mitigation measures to mitigate unavoidable impacts. Bioengineering alternatives shall be preferred for flood protection over "hard" solutions such as concrete or riprap channels. 15. Energy The development of the Chula Vista Bayfront offers the District and City a unique opportunity to demonstrate the viability of responsible and sustainable development practices. Accordingly, the Chula Vista Bayfront Development Policies seek to establish guidelines to govern the future build-out of the programmatic elements of Chula Vista Bayfront and to ensure that the project is comprised of high performance and highly energy- efficient buildings and clean, efficient generation. The standards in this section are intended to be interpreted broadly and with the flexibility to adapt to new energy technology and evolving building construction and design practices. Policy 15.1: The following energy standards shall be applied to development of all parcels within the Chula Vista Bayfront area These except Parcels HP-5, H-13, H-14 and H-15. parcels are addressed on separate standards provided below. The term “Development” will mean the development of an individual parcel within the Chula Vista Bayfront area. a) To help reduce the need for fossil-fueled power generation, reduce greenhouse gas emissions, and support the California Energy Commission’s Loading Order for Electricity Resources, all Developments will achieve a minimum of a fifty (50) percent reduction in annual energy use in accordance with these policies. b) Each building in each Development will perform at least fifteen (15) percent better than Title 24, Part 6 of the California Building Energy Efficiency Standards (“Title 24”) in effect on the date of the execution of the Chula Vista Bayfront Master Plan Settlement Agreement (May 2010). The minimum energy efficiency performance standard adopted by the City is hereinafter described as its “Energy Efficiency Requirement” or “EER”. Should revised Title 24 standards be adopted by the State of California, the City’s EER at the time a building permit application is submitted for such Development shall apply. c) The balance of the fifty (50) percent reduction in annual energy use will be achieved through the use of any combination of the energy reduction measures described in these policies. To achieve compliance with this policy, sponsors of Developments may select one of two paths. The first path is based on Title 24 (“Title 24 Path”) and the second is described in Energy and Atmosphere, Credit 1 “Optimize Energy Performance” (Credit EA-/c1) in the US Green Building Council’s Leadership in Energy and Environmental Design (LEED) v3 system (“LEED Path”). The definition of the term “Baseline” against which energy reduction will be measured will vary depending on the path selected and is Page 16 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 969 further described in Exhibit 3. Choosing the LEED Path does not require a Development to achieve LEED Certification, but simply uses the methodology of EA-/c1. d) Renewable Energy generated within the boundaries of the Development will be credited toward the minimum of a fifty (50) percent reduction in annual energy use in accordance energy reduction requirement. The term “Renewable Energy” will mean energy derived from the sources described in California Public Resources Code section 25741 (b) 1. e) Renewable Energy generated on one or more sites (“Renewable Energy Sites”) within the boundaries of the Chula Vista Bayfront by the District, City or other third party and fed to the electrical grid or to the Development will be credited toward the minimum of a fifty (50) percent energy reduction requirement. Aggregate energy generated on Renewable Energy Sites may be allocated to an individual Development up to the amount necessary to achieve such Development's compliance with the minimum of a fifty (50) percent energy reduction requirement. Once allocated to a Development, the amount of energy generated by Renewable Energy Sites so allocated may not be further allocated to another Development. f) Participation in a City of Chula Vista sponsored energy efficiency program provided that the resulting energy reduction may be calculated and verified. The methodology for calculating the amount of the credit toward the minimum of a fifty (50) percent energy reduction requirement under the Title 24 Path and the LEED Path is described in Exhibit 3. g) Each Development will develop, implement, and for the life of each Development, maintain a measurement and verification plan (“M&V Plan”). Such participation has been shown to increase the persistence of energy efficiency (“EE”) and also to provide a way of recognizing and encouraging the ongoing conservation efforts of occupants and facility managers and will be awarded a waiver for five (5) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement. The District will include in all leases the requirement to perform an energy audit every three (3) years for the convention centers and hotel Developments over 300 rooms and five (5) years for all other Developments to ensure that all energy systems are performing as planned or corrective action will be taken if failing to meet EE commitments. h) Participation in one of SDG&E’s Voluntary Demand Reduction (DR) utility rates will be awarded a waiver for three (3) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement. i) Participation in one of SDG&E’s Mandatory Demand Reduction (DR) utility rates will be awarded a waiver for five (5) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement. j) Incorporation of natural ventilation into design such that at least 75% of the conditioned area is naturally ventilated according to the guidelines set forth in Exhibit 3, and if this benefit was not included in the energy efficiency calculations, the project will be awarded either: a waiver for five (5) percent credit against the Baseline to determine compliance with the minimum of a fifty (50) percent energy reduction requirement; or, a waiver for ten (10) percent credit will be awarded if the natural ventilation system is coupled with an energy or cooling system that does not draw from the grid if and when natural ventilation is not used. This may Page 17 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 970 be prorated if less than seventy-five (75) percent of the conditioned area is naturally ventilated. k) The parties understand and acknowledge that the energy reduction measures described above for a Development or component of a Development may be phased in over time to achieve compliance with the minimum of a fifty (50) percent energy reduction requirement provided such energy reduction measures are completed no later than thirty-six (36) months following issuance of a Certificate of Occupancy for such Development or such component thereof. l) To further incentivize responsible and sustainable development practices within the boundaries of the Chula Vista Bayfront, District and City will consider voluntary commitments to levels of energy reduction in excess of the requirements of above, commitment to achievement of a LEED Certification, and/or a “Living Building Challenge” in connection with the selection of respondents in Request for Proposals/Request for Qualifications (RFP/RFQ) processes for Developments within the Chula Vista Bayfront area. Policy 15.2: Within one year following the California Coastal Commission’s (CCC) approval of a Port Master Plan amendment substantially consistent with the Chula Vista Bayfront project, the District will in good faith consider adoption of an ordinance in a public hearing process that, if approved by the Board of Port Commissioners, will require the following: a) Within six (6) months following adoption of the ordinance and every three (3) years thereafter, the District will conduct an energy efficiency and renewable energy analysis that will: (i) Assess the feasibility and cost-effectiveness of programs and options to reduce demand on the electric grid from all lands under District’s jurisdiction; and, (ii) Include, but not be limited to, an assessment of the potential for reduction in energy use on all land under District’s jurisdiction through increases in energy efficiency, demand response, clean renewable and distributed energy generation and other methods and technologies. b) Upon the completion of each analysis, the District will consider good faith implementation of cost-effective programs and options as part of its commitment to greenhouse gas reductions and global climate change prevention activities consistent with Assembly Bill 32. c) The results of each analysis will be published on the District’s website and received by the District’s Board of Port Commissioners in a public forum. 16. Hazardous Materials and Exposure Policies Policy 16.1: Parcels contaminated with hazardous materials will be remediated to levels adequate to protect human health and the environment. 17. Public Engagement Policy 17.1: A South Bay Wildlife Advisory Group (“Wildlife Advisory Group”) will be formed to advise the District and City in the creation of the NRMP, cooperative management agreements, Adaptive Management Review and any related wildlife management and restoration plans or prioritizations. The Wildlife Advisory Group will also address management issues and options for resolution. The Wildlife Advisory Group will initiate and support funding requests to the District and City, identify priorities for use of these funds and engage in partnering, education, and volunteerism to support the development of the Chula Page 18 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 971 Vista Bayfront in a manner that effectively protects and enhances the fish, wildlife, and habitats of the area and educates and engages the public. The Wildlife Advisory Group will meet as needed, but at a minimum of every six (6) months for the first ten (10) years and annually thereafter. Policy 17.2: The Wildlife Advisory Group will meet to: (i) determine the effectiveness of the NRMP in achieving the Management Objectives; (ii) identify any changes or adjustments to the NRMP required to better achieve the Management Objectives; (iii) identify any changes or adjustments to the NRMP required to respond to changes in the man-made and natural environments that are affecting or, with the passage of time may affect, the effectiveness of the NRMP in achieving the Management Objectives; and (iv) review priorities relative to available funding. At its periodic meetings, the Wildlife Advisory Group may also consider and make recommendations regarding (a) implementation of the NRMP as needed, (b) Adaptive Management Review and (c) NRMP Amendments. Policy 17.3: The Wildlife Advisory Group will advise the joint powers authority (“JPA”) on expenditure of the Community Benefits Fund consistent with this Plan subject to applicable law. Written recommendations from the Wildlife Advisory Group will be forwarded to the District and City for consideration on key decisions as the build-out of the Chula Vista Bayfront project occurs. Policy 17.4: A Bayfront Cultural and Design Committee (“BCDC”) shall be formed to advise the District in addressing the design of parks, cultural facilities, and development projects. The public participation process for the BCDC will include broad community representation and will be modeled after the Community Advisory Committee (CAC) process. Membership will include at least one member each from the District, Chula Vista Planning Commission, Design Review Committee, and Resource Conservation Committee. The BCDC will advise the District in the establishment of Chula Vista Bayfront Master Plan design guidelines to address cohesive development and streetscape design standards, walkways and bikeways design to promote safe walking and biking, standards for design of park areas, and cultural facilities but will not address NRMP and Wildlife Habitat Areas design guidelines described above. A minimum of three public meeting/workshops will be held to establish the design guidelines. 18. Public Access Policy 18.1: The concept approval for the Signature Park will include a refined plan to address the linkage between the parks over the F and G Street channel. The design will ensure that the linkage between the two parks is easily accessed, obvious, and allows visitors to flow naturally and safely between the two parts of the park. A separate pedestrian bridge will be evaluated and, if necessary, a supplemental environmental review will be performed to address any necessary issues prior to the concept approval being forwarded to the Board of Port Commissioners. Policy 18.2: Phase I Signature Park improvements (including development of Parcel S-2, within the Transition Buffer Areas and Limited Use zones of parcel SP1, and the fencing of the No Touch Buffer Area of Parcel SP1) will be completed prior to the issuance of Certificates of Occupancy for projects developed on either Parcel H-3 or H-23 and after any additional necessary environmental review. The public participation process for the design of the park will be completed prior to District Staff seeking Concept Approval from the Board of Port Commissioners. Page 19 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 972 19. Sweetwater and Otay District Public Park Requirements Policy 19.1: Sweetwater and Otay District Public Parks will meet the following minimum standards in addition to those described above: a) The parks will be Passive in nature and encourage Passive recreation, be low-impact and contain minimal permanent structures. Structures will be limited to single-story heights and will be limited in function to restrooms, picnic tables, shade structures and overlooks. The term “Passive” will mean that which emphasizes the open-space aspect of a park and which involves a low level of development, including picnic areas and trails. In contrast, active recreation is that which requires intensive development and includes programmable elements that involve cooperative or team activity, including, ball fields and skate parks. b) The parks will be constructed using low water-use ground cover alternatives where possible. c) Pedestrian and bike trails will be segregated where feasible. A meandering public trail will be provided along the entire length of the Bayfront. The meandering trail within the Sweetwater Park and adjacent to Buffer Areas will not be paved. d) The parks will not include athletic field amenities. e) No unattended food vending will be allowed. f) The parks will include enforcement signage that prohibits tenants, employees, residents, or visitors from feeding or encouraging feral cat colonies and prevents feral cat drop-off or abandonment of pets; and prohibits leash free areas near buffers. g) Due to their immediate adjacency to Wildlife Habitat Areas, the following restrictions will apply to parks located within the Sweetwater and Otay Districts: (i) Such parks will be designated as Passive use parks and use of amplified sound equipment will be prohibited. (ii) Reservations for group events and activities will be prohibited. 20. Circulation and Pedestrian Orientation Policy 20.1: Shoreline promenades shall be a minimum of 25 feet in width allowing both pedestrians and bicyclists and shall be constructed directly along the waterfront where feasible and maintained free of private encroachment around the Bayfront. Pathways and walking trails not proposed along the shoreline shall be a minimum width of 12 feet. Policy 20.2: Provide a continuous open space system, fully accessible to the public, which would seamlessly connect the Sweetwater, Harbor, and Otay Districts through components such as a continuous shoreline promenade or “Baywalk” and a continuous bicycle path linking the parks and ultimately creating greenbelt linkages. Policy 20.3: Create a meandering pedestrian trail constructed of natural material that is easily maintained and interwoven throughout the Signature Park. Create, as part of the E Street Extension, a pedestrian pathway/bridge to provide a safe route for pedestrians to walk and to transition from the Sweetwater District to the Harbor Park Shoreline Promenade and park in the Harbor District. Policy 20.4: Segregate Pedestrian and bike trails where feasible. Provide a meandering public trail along the entire length of the Bayfront. Leave unpaved the meandering trail within the Sweetwater Park and adjacent to Buffer Areas. Page 20 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 973 Policy 20.5: Open spaces integrated into the hotels must include activating uses such as restaurants, outdoor sitting and dining areas and retail shops, which would be open to the public as well as hotel patrons. Policy 20.6: Public access and other path-finding signage should be placed at strategic locations throughout the hotel complexes and to guide guests and visitors to and from public use areas, shops and restaurants, restrooms, and other facilities. Policy 20.7: To help integrate all publicly accessible areas and provide convenience and low cost services for the general public, the ground floor of the hotel developments and associated outdoor areas should contain a variety of pedestrian-oriented amenities, which may include reasonably priced restaurants, newspaper stands, outdoor cafes with sit down and walkup service, informational kiosks, ATM’s, public art or gift shops easily accessible to the public. Policy 20.8: The design of the Resort Conference Center (H-3) development must provide a strong public interface with the adjacent Signature Park by including publicly accessible areas with convenience and low cost services for the general public. Specifically, on the west side of the site, the ground floor of the development and associated outdoor areas must include a variety of pedestrian-oriented amenities and activating uses, such as restaurants, outdoor cafes with sit down and walkup service, informational kiosks, ATMs, public art or gift shops easily accessible to the public. The RFP for the development of the Resort Conference Center (H-3) site will identify these requirements and will emphasize the need for establishing linkages to, from and through the site such that the public feels welcome on the site and encouraged to connect to public promenades and other public amenities in the park areas or along H Street and Marina Parkway.Other public amenities that may be provided at various locations around the hotel site include public wireless connectivity, drinking fountains, bike racks, horticultural interpretive labels on landscape elements, educational and historic plaques/displays, and dog drinking fountains. These elements represent public recreational opportunities and will encourage access to and around the site. 21. Visitor Serving Policies Policy 21.1: Overnight visitor-serving accommodations shall be encouraged and protected within the Chula Vista Bayfront Master Plan area. Policy 21.2: Limited Use Overnight Visitor Serving Accommodations (i.e., fractional ownership condominium hotels and timeshares) shall be prohibited on District Tidelands. Policy 21.3: Lower cost visitor and recreational facilities shall be protected, encouraged and provided where feasible. Specifically, a range of room types, sizes, and room prices should be provided in order to serve a variety of income ranges. Where a new hotel or motel development would consist of entirely high cost overnight accommodations, after thorough consideration of a supply/demand analysis within the Chula Vista Bayfront Master Plan and South Bay area, in-lieu fees or comparable mitigation may be required as a condition of approval for a coastal development permit, to ensure a range of overnight accommodations are provided within the Chula Vista Bayfront Master Plan and South Bay area. High cost is defined as those hotels with daily room rates 25% higher than the statewide average for coastal areas. Page 21 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 974 The mitigation payment would be for providing funding for the establishment of lower cost overnight visitor accommodations within the City of Chula Vista or South San Diego County coastal area. The monies and accrued interest shall be used for the above-stated purpose, in consultation with the CCC Executive Director. Any development funded by this account will require review and approval by the Executive Director of the Coastal Commission and a coastal development permit . Policy 21.4: If removal or conversion of lower or moderate cost overnight accommodations is proposed in the District, the inventory shall be replaced with units that are of comparable cost with the existing units to be removed or converted. The District shall proactively work with hotel/motel operators and offer incentives to maintain and renovate existing properties. If replacement of lower or moderate cost units is not proposed (either on-site or elsewhere in District Tidelands or Chula Vista within five (5) miles of the coast), then the new development shall be required to pay, as a condition of approval for a coastal development permit, a mitigation payment to provide significant funding for the establishment of lower cost overnight visitor accommodations within Chula Vista, preferably, or within South San Diego County, for each of the low or moderate units removed/converted on a 1:1 basis. Policy 21.5:Lower-cost RV camping uses shall be protected by maintaining at least an equivalent number of RV sites within the Chula Vista Bayfront Master Plan boundaries. Removal of the existing RV park for construction of a resort hotel and conference center (RCC) is proposed as part of the Chula Vista Bayfront Master Plan, with a replacement RV park to be constructed either in the Otay District (parcel O-3) or the Sweetwater District (parcel S-1). In the event that the replacement park cannot be opened to visitors prior to closing the existing RV park, an interim site with an equivalent number of RV sites shall be established and opened elsewhere with the Chula Vista Bayfront Master Plan area, at parcels S-1, H-23, or in the Otay District. Policy 21.6: Public recreational opportunities, such as parks, open space, and other no-cost visitor serving amenities shall be provided. Policy 21.7: Waterfront visitor-serving retail uses and public gathering spaces shall be provided. Policy 21.8: Marinas within the planning area shall provide lower-cost visitor-serving boating opportunities and shall preserve a varied range of slip sizes. Prior to approval of any changes in the slip size or distribution, the District will undertake an updated comprehensive boater use, slip size, and slip distribution study which is no more than five (5) years old for each dock redevelopment project that affects slip size and distribution of slips, to assess current boater facility needs within the individual project and the Bay as a whole. The District will continue to provide a mix of small, medium and large boat slips based on updated information from the comprehensive study with priority given to boats less than 25 feet in length and a goal of no net loss in number of slips within the Chula Vista Bayfront Master Plan area. Should future projects propose reducing the number or proportion of small slips for boats 25 feet or less within the Chula Vista marina, a Port Master Plan amendment will be required. 22. Funding and Community Benefits Policy 22.1: Funding for the implementation of the NRMP and for the enforcement and implementation measures shall be provided by the District and City. To meet these Page 22 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 975 obligations, the District and City will commit revenues or otherwise provide funding to the JPA formed pursuant to the California Marks-Roos Act, Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code. District and City will ensure the JPA is specifically charged to treat the financial requirements described this policy as priority expenditures that must be assured as project-related revenues are identified and impacts initiated. The District and City expressly acknowledge the funding commitments contemplated herein will include, but not be limited to, funding for personnel and overhead or contractor(s)/consultant(s) to implement and ensure the following functions and activities: a) On-site management and enforcement for parks and Wildlife Habitat Areas as necessary to enforce restrictions on human and Predator access regarding Wildlife Habitat Areas; b) Enforcement of mitigation measures including, but not limited to, trash collection, noise restrictions, removal of invasive plants, habitat restoration, and park use restrictions; c) Coordination, development, implementation and evaluation of effectiveness of education and mitigation programs, including implementation of NRMP; d) Evaluation of effectiveness of bird strike mitigation and design measures; e) Water quality protections; and f) Coordination of injured animal rehabilitation activities. 23. Views and Aesthetics Policy 23.1: Public views to the beach, lagoons, and along the shoreline as well as to other scenic resources from major public viewpoints, as identified by the “vista” icon on the Precise Plan for Planning District 7 shall be protected. Development that may affect an existing or potential public view shall be designed and sited in a manner so as to preserve or enhance designated view opportunities. Street trees and vegetation shall be chosen and sited so as not to block views upon maturity. Policy 23.2: The impacts of proposed development on existing public views of scenic resources shall be assessed by the District or City prior to approval of proposed development or redevelopment. Policy 23.3: Buildings and structures shall be sited to provide unobstructed view corridors from the nearest view corridor road. These criteria may be modified when necessary to mitigate other overriding environmental considerations such as protection of habitat or wildlife corridors. Policy 23.4: Public views of the Bay and access along the waterfront shall be provided via a proposed “Baywalk” promenade. This pedestrian path will also connect to the Signature Park, and the pathway system within the Sweetwater District, ultimately linking the two districts and “enabling viewers to experience visual contact at close range with the Bay and marshlands.” Policy 23.5: Existing views to the water from the following view corridor roads shall be protected and enhanced: E Street, F Street, Bay Boulevard between E and F Streets, Marina Parkway, and G and L Streets (in the City of Chula Vista); as shall the new views of the Bay created from the H Street corridor. These protected views shall be denoted by the “vista” icons on the Precise Plan for Planning District 7. Page 23 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 976 Policy 23.6: Building setbacks and coordinated signage shall be provided along Marina Parkway. Policy 23.7: Prior to approval of development in the Otay District, views of the Bayfront from Bay Boulevard shall be identified and preserved. Policy 23.8: View corridors to the Bay shall be established on Marina Parkway between H and J Streets approximately every 500 feet as denoted by the “vista” icon on the Precise Plan for Planning District 7. Policy 23.9: Landscaping shall be planted along Marina Parkway to frame and enhance this scenic corridor, as well as on E Street and Bay Boulevard, adjacent to the project site. Policy 23.10: Bayfront Gateway Objective/Policies: Certain points of access to the Bayfront will, by use, become major entrances to the different parts of the area. A significant portion of the visitors’ and users’ visual impressions are influenced by conditions at these locations. Hence, special consideration should be given to roadway design, including signage and lighting, landscaping, the protection of public views towards the Bay, and the siting and design of adjoining structures. Concurrent with the preparation of Phase I infrastructure design plans for E and H Streets, a Gateway plan shall be prepared for E and H Streets. Prior to issuance of certificates of occupancy for any projects within the District’s jurisdiction in Phase I, the E and H Street Gateway plan shall be approved by the District and City’s Directors of Planning and Building. The E and H Street Gateway plan shall be coordinated with the Gateway plan for J Street. All Gateway plans must conform with the setback policies and height limits in the PMP. Policy 23.11: The landscape designs and standards shall include a coordinated street furniture palette including waste containers and benches, to be implemented throughout the Bayfront at appropriate locations. Policy 23.12: As a condition for issuance of coastal development permits, buildings fronting H Street shall be designed to step away from the street. More specifically, design plans shall protect open views down the H Street Corridor by ensuring that an approximate 100- foot ROW width (curb–curb, building setbacks, and pedestrian plaza/walkway zone) remains clear of buildings, structures, or major landscaping. Placement of trees should take into account potential view blockage at maturity, and, trees should be spaced in order to ensure “windows” through the landscaping. Trees should also be considered to help frame the views and they should be pruned to increase the views from pedestrians and vehicles, underneath the tree canopy. In order to reduce the potential for buildings to encroach into view corridors, and to address the scale and massing impact, buildings shall step back at appropriate intervals or be angled to open up a broader view corridor at the ground plane to the extent feasible. All plans shall be subject to review and approval by the District. All future development proposals shall conform to District design guidelines and standards. Policy 23.13: Prior to issuance of coastal development permits for projects within the District’s jurisdiction, the project developer shall ensure that design plans for any large scale projects (greater than two stories in height) shall incorporate standard design techniques such as articulated facades, distributed building massing, horizontal banding, stepping back of buildings, and varied color schemes to separate the building base from its upper elevation and color changes such that vertical elements are interrupted and smaller scale massing implemented. These plans shall be implemented for large project components to diminish imposing building edges, monotonous facades and straight-edge building rooflines and profiles, and to avoid the appearance or effect of “walling off” the Bayfront. Page 24 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 977 Policy 23.14: Resort Conference Center (H-3) Development: In addition to policies 23.12 and 23.13 above, development of the Resort Conference Center (H-3) site shall incorporate additional building setbacks and stepbacks to further reduce the visual impact of building massing and to further widen view corridors towards the bay. Minimum building setbacks of 50 feet from the H Street right-of-way shall be required to result in a 145 foot wide minimum view corridor width at grade level with minimum tower stepbacks of 75 feet from the H Street right-of-way to generally achieve a 170 foot wide view corridor width at tower level. Exhibit 4 to this Plan illustrates the general design parameters for the Resort Conference Center (RCC) site. The bayward portion of the RCC site shall be devoted to a mix of public open space, public plazas, limited amounts of parking, and low-scale development with ground floor commercial recreation and visitor commercial uses. Upper floor conference center/hotel uses are allowed. The inland portion of Parcel H-3 will be developed with hotel and conference center structures. Exhibit 4 shows a setback of an average of 100 feet from the E Street right-of-way on the west side of the site and 50 feet from the E Street right-of-way on the north side of the site. This “esplanade” setback shall be for the creation of publicly accessible areas such as pedestrian promenades, bicycle access ways, landscaping, street furniture, and other pedestrian friendly features. Various public amenities, such as shade structures, benches, or bus stops are allowed within the esplanade. In addition to the esplanade, this bayward portion shall be developed with a mix of public open spaces and structures to a maximum height of 35 feet. All structures shall include retail or restaurant uses on the ground floor in a pedestrian-friendly specialty shopping “village” style. Conference rooms or other uses associated with the hotel or conference center may be located on the upper level. A minimum of 40% of this portion of the site at ground floor shall be open plaza, seating (including seating for cafés), public art, and landscaping. Uses such as vendor carts, bicycle rentals, etc., shall be permitted in this area. Within these broad use parameters, flexibility in the specific design and layout of the site is permitted. In order to achieve a lively, pedestrian oriented development attractive to the public and welcoming to visitors, E Street could be shifted inland to allow the development of additional public esplanade-type uses on the bay side of the street, at the adjacent Harbor Park. Retail uses could also be expanded into the area designated esplanade, as long as these structures are designed to create visual interest and variety at a human scale. The boundary between the esplanade and the commercial retail shown on Exhibit 4 is intended to be illustrative only, and it is expected that the distinction between the areas will be meandering and visually appealing. To ensure that pedestrians can cross between the park and the RCC safely and easily, pedestrian crossing distances shall be minimized where feasible, and crosswalks aligned with retail nodes and points of interest. On the inland portion, the tallest buildings on Parcel H-3 will be located in the southern portion of the parcel with building heights decreasing towards the north and west. The foregoing will not be interpreted to preclude incorporating secondary and tertiary setbacks along public streets. Hotel structures shall be no more than a maximum height of 240 feet and the conference facility height is limited to a maximum of 120 feet. Design for the hotel structures on Parcel H-3 shall avoid east-west monolith massing and shall include architectural articulation. The hotel structures shall not result in lot coverage exceeding 30% of the inland portion of the parcel. Page 25 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 978 Policy 23.15: Sweetwater District Lodging (S-1): Sweetwater District Lodging (S-1): Development of the Sweetwater District Lodging (S-1) shall consist of low-scale, low profile, lower-cost overnight accommodations such as a campground and/or RV park. A mix of camping facilities is encouraged. Limited meeting rooms, retail stores, and food service associated with the development shall be permitted. No structures over 1 story within a maximum height of 25 feet shall be permitted. Proposed development shall take into account potential sea level rise when site plans are prepared. The development shall incorporate a setback from the E Street view corridor as shown in Exhibit 5, where no structures shall be permitted. Policy 23.16: Sweetwater District Mixed-Use Commercial Recreation/Marine Related Office Development (S-3). Development of the Sweetwater District Mixed Use development (S-3) shall incorporate setbacks of 50 feet from E Street in order to reduce visual and shading impacts of building massing and to widen view corridors towards the Bay. Building heights are limited to 45 feet and shall be located in the northeastern portion of the parcel in order to ensure views from the Bay Boulevard to the Bay are preserved to the extent feasible. The development shall incorporate a setback from the F Street view corridor as shown in Exhibit 5, where no structures shall be permitted. Policy 23.17: All building height limits listed herein are measured from finished grade. Building pads shall not be raised from existing grade more than 8 feet. 24. Transit The Project’s transportation system was developed to focus vehicular activity on the eastern edges of the property, near I-5 and its interchanges, by placing a majority of the common parking areas on the eastern properties, while designing for pedestrian connections and transit service. This will result in narrower, more pedestrian-friendly streets along the waterfront. In order to reduce traffic-related impacts within the Chula Vista Bayfront Master Plan area, the following transit policies shall be considered in the development of the Chula Vista Bayfront Master Plan: Policy 24.1: The project shall be designed to encourage the use of alternate transportation by including the H Street transit center close to the rail line, bike and pedestrian pathways, water taxis, and a private employee parking shuttle. Policy 24.2: The project shall include connections to the planned Bayshore Bikeway and provide an additional local bikeway loop that will be safer and more scenic as it is located closer to the water. Policy 24.3: The District and City shall explore the operating and funding potential for a shuttle service that would link various destinations within the western portions of Chula Vista, including the Chula Vista Bayfront Master Plan area. Implementation of the Chula Vista Bayfront Shuttle is anticipated to include participation by commercial development within the Chula Vista Bayfront Master Plan area. Policy 24.4: The Chula Vista Bayfront shuttle will service the Chula Vista Bayfront Master Plan area with a key focus on connecting general users to and from: downtown areas east of I-5, the resort conference center, the residential project, park areas, and existing trolley stops. The shuttle system shall be designed with the following design considerations: a) Ensure that it has fewer stops than a conventional bus and is located as close as possible to the major traffic generators. Page 26 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 979 b) Plan the general route of the transit shuttle to travel along Third Avenue between F Street and H Street, along F Street between Woodlawn Avenue and Third Avenue, along Woodlawn Avenue between E Street and F Street, along E Street, Marina Parkway, Street C, and Street A within the Bayfront development area, and along H Street between the Bayfront and Third Avenue c) Plan the route to operate as a two-way loop with stops in both directions. d) Plan for shuttles to initially run every 15 minutes. e) Consider a private shuttle system to transport employees between the H-18 parking structure and the H-3 parcel in the Harbor District. Policy 24.5: Shuttle service shall be phased concurrent with development. At a minimum, service shall be provided upon the issuance of Certificate of Occupancy for either the H-3 th resort conference center hotel or the 500 residential unit. Additional stops shall be provided at the Signature Park, the Recreational Vehicle Park, the H-18 parking structure, and the Park in Otay District, as these uses are developed. Policy 24.6: In the Harbor District, typical parking requirement standards for high intensity uses may be reduced if it can be demonstrated that the use will be adequately served by alternative transit. Policy 24.7: In order to reduce transportation-related air quality impacts, the following items should be encouraged at the project-level planning phase: a) Limit idling time for commercial vehicles, including delivery and construction vehicles. b) Use low- or zero-emission vehicles, including construction vehicles. c) Promote ride sharing programs, for example, by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. d) Provide the necessary facilities and infrastructure to encourage the use of low- or zero-emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling). e) Provide public transit incentives, such as free or low-cost monthly transit passes. f) For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including (for example) showers, lockers, locked bicycle storage or covered or indoor bicycle parking. g) Institute a telecommute work program. Provide information, training, and incentives to encourage participation. Provide incentives for equipment purchases to allow high-quality teleconferences. h) Provide information on all options for individuals and businesses to reduce transportation-related emissions. Provide education and information about public transportation. Policy 24.8: The District and the City shall participate in a multi-jurisdictional effort conducted by the California Department of Transportation (Caltrans) and San Diego Association of Governments (SANDAG) to assist in developing a detailed I-5 corridor-level study that will identify transportation improvements along with funding, including federal, state, regional, and local funding sources, and phasing that would reduce congestion management with Caltrans standards on the I-5 South corridor from the SR-54 interchange to the Otay River. Local funding sources identified in this Plan shall include fair-share Page 27 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 980 contributions related to private and/or public development based on nexus as well as other mechanisms. 25. In-water Activities Policy 25.1: Excess dredge material from within the project area shall be tested for beach compatibility and placed on local beaches if suitable. Policy 25.2: Development in San Diego Bay waters shall be reviewed for potential impacts to open water (foraging) and eelgrass, including any direct (e.g., construction activity) and indirect (e.g., shading from structures or boats) impacts. Efforts must be made to maintain the eelgrass habitat available and improve water quality. No net loss of eelgrass meadows shall be permitted. Pre-construction and post-construction eelgrass surveys shall be prepared in full compliance with the “Southern California Eelgrass Mitigation Policy or any later revised policy adopted by the National Marine Fisheries Service. Any existing eelgrass impacted shall be replaced at a minimum 1.2:1 ratio, in accordance with the Southern California Eelgrass Mitigation Policy. In addition, impacts to open water habitat shall be assessed and mitigated. Policy 25.3: Prior to commencement of any in water development that involves disturbance of the subtidal water bottom, surveys will be done of the project area and a buffer area to determine the presence of the invasive alga . The survey protocol shall be Caulerpa taxifolia prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. 26. Signage Policy 26.1: Signs shall be designed and located to minimize impacts to visual resources. Signs approved as part of commercial development shall be incorporated into the design of the project and shall be subject to height and width limitations that ensure that signs are visually compatible with surrounding areas and protect scenic views. Permitted monument signs shall not exceed eight feet in height. Free-standing pole or roof signs are prohibited. Permanent advertising signs and banners shall be prohibited in public beaches and beach parks. Page 28 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 981 D StreetD Street FillFill SweetwSweetw aa ter Mter M aa rshrsh S . . F&G StreetF&G Street 1-g1-g 2-2-aa MM aa rshrsh J StreetJ Street MM aa rshrsh ChulChul aa Vist Vist aa Wildlife ReserWildlife Reser vv ee U.S. NU.S. N avav y Ry R aa diodio ReRe cc eiei vv ing Fing F acac ilityility SS aa lt Workslt Works N a tion a l Wildli f e Re f u g e (Sa n Die g o B a y Unit)*Port M a ster Pl a n - Pl a nning Distri c t 7 Feet 01,000 2,000 Conserv a tion L a nd a nd W a ter Desi g n a tions Sw eet wa ter M a rsh N a tion a l Wildli f e Re f u g e* AERIAL SOURCE: DIGITAL GLOBE, MARCH 2007 Estu a ry City o f Chul a V ist a LCP Open S p a ce L a nd Use Desi g n a tion H a bit a t Repl a ce m ent City o f Chul a V ist a S-4 100 f t. No-Touch Bu ff er Wetl a nd C V BMP Bound a ry Proposed N a vi ga tion Ch a nnel Exhibit 1 Wildlife Habitat Areas (Defined by § 3.1 of the Chula Vista Bayfront Master Plan Settlement Agreement; the agreement prevails over any conflict with this exhibit.) *National Wildlife Refuge lands are included in the definition of Wildlife Habitat Areas for the sole purpose of addressing adjacency impacts and not for the purpose of imposing affirmative resource management obligations with respect to the areas within the National Wildlife Refuge lands. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 982 SP-5 SP-1 S-4 SP-4 S-1 . . Sweetw a ter Distri c t 3 . SP-7 S-3 N SP-6 S-2 . . . . a . . . .SP-2 . . . a S-5 . . . . HW-7 H-1A(S) H-1A(N) HP-1(N) HW-6 HP-11 H-1 HP-3 A/ HP-1 HP-3 B H-3 HP-28 H-8 H-9 H a rbor Distri c t H-2 3 HP-12A HW-5 HW-4 H-18 HW- H-12 3 STREET C HP-1 3 A HW-4 HP-5 HP-2 3 A H-1 3 HP-14 HP-12B HW-1 HP-1 3 B HP-15 H-14 H-15 H-21 H-17 HP-3 MARINA PARKWA Y MARINA WA Y HP-9 HP-7 HP-8 HP-6 OP-2A O-1 O-3 A No-Touch Bu ff er O-3 B . . . -m in 2 00 f t w idth Sw eet wa ter District . . Ot a y Distri c t -m in 100 f t w idth S-4 P a rcel OP-1B -m in 100 f t w idth Ot a y District OP-1A Li m ited Use Bu ff er OP-3 -m in 100 f t w idth Tr a nsition a l Use Bu ff er O-4 -m in 100 f t w idth Pro m en a de North Exhibit 2 –Bu ff er A re a s (De f ined by §4.1.3 a nd 4.1.4 o f the Chul a V ist a B a y f ront M a ster Pl a n S ettle m ent Ag ree m ent; the ag ree m ent prev a ils over a ny con f lict w ith this exhibit) ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 983 984 0 ¦¤ y Savings in New Construction, April coordinated with ith Credit EAc5, except that LEED only y plan check by an experienced LEED reviewer mittals, draft Templates may be used, at Page 1 of 9 in Interior Unconditioned Spaces or lighting arifications are needed, ates the Standard and the final 5% energy er, LEED is also likely to be better and up to 10% if at least ($), except for the , natural ventilation, efficiencies in es, to provide a during gher than the Title 24 Path eratures. Pro-rations are possible. building, and the quirements and ng Measurement and Verification (M&V) Plan consistent with the duce the load on the electric grid the energy requirements should be illustration purpos Site kBtu, except for converted into dollars opment may qualify for a waiver of Performance Method, which gener on outlines re r the conditioned to change. When cl gn." The LEED Path Baseline is likely to be different and hi for Determining Energ Note that the Energy Secti plants, combined heat and power M&V Plan should be consistent w Worksheets are for not counted by Title 24. Howev time of the initial Building Department sub mfortable temp details on this program. uses will be converted into dded to the energy budgets fo newable energy. Each of the various energy uses will be not include lighting which is which are subject fee to the City of Chula Vista for a 3rd part tariff(s) which are designed to re energy reduction will be measured. . Actual worksheets for calculating maintain co rgy reduction feature, the Devel cepts and Options es M&V to be ongoing. The Sample Budget." The Whole Building technologies, all of hula Vista's Building Department. riate City ordinances for tion strategies to help Each of the various energy If the LEED Path is chosen, the atures, such as district thermal site boundary, some of which are s of the Energy Section are met.a conditioned building, and does tion, this lighting energy will be a fication Protocol (IPMVP) Volume III, Con Each Development shall develop and implement an ongoi EXHIBIT 3 roll in SDG&E Demand Response rate of this Agreement requir re codes, regulations, tariffs, and EED Templates may not be complete at the Measurement and Verification. as suggested approachesDevelopment may be subject to an additional amount of energy against which the . Title 24 language refers to the "Standard Budget" and "Proposed on (NV) to qualify as an ene LEED language refers to the "Baseline Design" and "Proposed Desi Refer to the approp ally be cooled relies solely on natural ventila the Baseline for the "Title 24 Path." going Measurement and Verification. ments and by the City of C process loads, aggregating multiple buildings, and the benefits of re er Option B or Option D. g overall energy performance fe olodogies for determing that the goal Proposed Energy Budgets, is specifically for energy uses within the purposes of the Energy Sec Baseline because LEED counts all of the energy uses within the , and the Energy Section d Energy Efficiency Program. Sample worksheets are provided waiver allowed for Ongoing ch will be subject to futu Developments which en . When using Natural Ventilati International Performance Measurement and Veri critical times may be awarded up to a 5% waiver. they will be provided by the City of Chula Vista. the City of Chula Vista Building Department. The term "Baseline" refers to the format which may be used both by Develop acceptable to the City. Recognizing that L 2003. The Development may choose eith requires one year of implementation combined energy uses will become If the LEED Path is chosen, the more comprehensive in calculatin Exhibit 3 - Apr2010.xls / Narrative 75% of the area that would norm reduction waiver allowed for On which is outside. However, for Measurement and Verification. the discretion of the reviewer. approaches for projects whi City of Chula Vista Sponsore Exhibit 3 outlines the meth Demand Response Tariffs. final 5% energy reduction SAMPLE Worksheets. Natural Ventilation Packet !¦¤­£  Title 24 Path LEED Path. Baseline. ΑΏΐΕȃΏΕȃΐΓ Page 2 of 9 985 0 ¦¤ 0.0% California Solar Initiative Actual % Reduction Minimum % Reduction 15% array tilt, and system efficiency. et, as most appropriate. BaselineProposedUnits kBtu kBtukBtukBtu kBtu kBtu kBtu kBtu kBtu 0% to 10% te KWH output/year3.413n/a-te KWH output/year3.413n/a-Required - - ---- - 0% to 5% items to this spreadshe , array orientation, Standard = ite KWH/year3.413-T24 UTIL-1, Part 2Site Therms/year100.000--- kbtu offset/year1.000n/a n/a sheets, or, add backup calculations or line Convert to Site KWH/year3.4133.413Site Therms100.000 Site kbtu SAMPLE Worksheet A: Title 24 Path including at least site location e TDV kbtu/sf-yr Typical Units of as appropriate EXHIBIT 3 Measure Site KWH Sourc Site T24 UTIL-1, Part 2S PV: within Developmentn/aSiPV: Credited from Projectn/aSi use industry standard software, Proposed Input - than one building, then use multiple Work (Must be at least 50% Reduction) ceptable software. Standard T24 Lighting Outside and UncondWorksheet A-LTG- Input F-Chart or equaln/a as appropriaten/a n/an/a sign and output informatio shall Title 24 Whole Building PerformanceT24 UTIL-1, Part 1 (Attachments) CSI calculation or Confirm with Administrator Source of Info Worksheet F Worksheet E Worksheet C are examples of ac 2 Program PV-Watts 15.2.2 CALCULATE BASELINE AND REDUCTIONS TOTAL REDUCTION FROM BASELINE Note 1: If the Development includes more Solar Thermal: within Developmen iciency of End Uses t (CSI) rebate calculations and PV-Watts B. Combined Renewable Reductions D. CV Program Combined Reduction B. Renewable Energy Contributions Name: Example Development D. Chula Vista Program Savings Verified Electricity Savings 15.2.1 MINIMUM EFFICIENCY E. Ongoing Measure & Verify F. Demand Response Tariff Exhibit 3 - Apr2010.xls / A-T24 Path Note 2: Final photovoltaic de Verified Gas Savings NOTES TO WORKSHEET A C. Natural Ventilation T24 Electricity A. Summary of Eff Packet A. Energy Uses !¦¤­£  T24 Gas 1 Other Description ΑΏΐΕȃΏΕȃΐΓ Page 3 of 9 986 0 ¦¤ Proposed KWH/yr 4A4A4A4A4A4A4A4A4A4A4A4A4A4A4A 4 444444444444444 A 444444444444444 4 444444444444444 4 444444444444444 4 444444444444444 4 444444444444444 4 444444444444444 4 444444444444444 4 444444444444444 4 444444444444444 Standard 4 444444444444444 4 444444444444444 KWH/yr 4 444444444444444 4 444444444444444 - - - - - - - - - - - - - - - - 4 that a different value should be used. 4 4 4 4 4 4 4 4 Days /yearHours /year 4 4 --------------- d in Interior Unconditioned Spaces tes to the Bldg Department's satisfaction 2 hours /day EXHIBIT 3 rmat, and enter above, as appropriate. Worksheet A-LTG: Lighting Outside an WattsOccupancy Proposed urs in this chart, unless proposer demonstra T24 Allowed Watts , create a spreadsheet in similar fo T24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG FormsT24 OLTG Forms (Attachments)T24 LTG FormsT24 LTG FormsT24 LTG FormsT24 LTG Forms T24 LTG Forms Source of Info Totals (Subtotals are inputs to Worksheet A) Note 2: For average runtimes, use the ho Name: Example Development ons (Non-Tradable)ons (Non-Tradable)ons (Non-Tradable) nation (Tradable)nation (Tradable)nation (Tradable)nation (Tradable)nation (Tradable) Note 1: If more lines are needed NOTES TO WORKSHEET A-LTG Exhibit 3 - Apr2010.xls / A-T24 Path Unconditioned spacesUnconditioned spacesUnconditioned spacesUnconditioned spacesUnconditioned spaces Signs (Non-Tradable)Signs (Non-Tradable) Packet General Site IllumiGeneral Site IllumiGeneral Site IllumiGeneral Site IllumiGeneral Site Illumi Specific ApplicatiSpecific ApplicatiSpecific Applicati !¦¤­£  1 Category ΑΏΐΕȃΏΕȃΐΓ Page 4 of 9 987 0 ¦¤ 0.0% Actual % Reduciton Minimum % Reduction 15% BaselineProposedUnits Site $Site $Site $#DIV/0!Site $#DIV/0!Site $ 0% to 10% Required 0% to 5% 4 A 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 $ - Site Therms#DIV/0! Site KWH#DIV/0! #DIV/0!#DIV/0! Virtual Rate SAMPLE Worksheet B: LEED Path May be included in LEED EAp2/c1, OR, use Worksheet C e TDV kbtu/sf-yr Typical Units of Measure EXHIBIT 3 May be included in LEED EAp2/c1 above, OR, use Worksheet C therms Sourc kWh Baseline Proposed IncludedIncludedIncludedIncluded IncludedIncludedIncludedIncludedIncludedIncludedIncludedIncluded (PRM) EAp2/c1 Letter Template (Must be at least 50% Reduction) Standard or LEED EAc5. See Worksheet E. Included in EAp2/c1 above Title 24 Whole Building PerformanceT24 UTIL-1, Part 1 LEED EAp2/c1 LEED EAp2/c1 Letter Template (Attachments) Confirm with Administrator Source of Info Section 1.8 Worksheet F C Alternate: Worksheet 1 Program Summary rformance Rating Method 15.2.2 CALCULATE BASELINE AND REDUCTIONS Onsite Renew Energy: Development A. Summary of Efficiency of Energy Costs TOTAL REDUCTION FROM BASELINE Campus Renew Energy: Project B. Combined Renewable Reductions D. CV Program Combined Reduction Lighting: Outside and Uncond Other energy uses on site Exhibit 3 - Apr2010.xls / B-LEED Path 15.2.1 MINIMUM EFFICIENCY Name: Example Development D. Chula Vista Program Savings Verified Electricity Savings Conditioned Building(s) E. Ongoing Measure & Verify Natural Gas (Summary) F. Demand Response Tariff Electricity (Summary) Natural Ventilation Verified Gas Savings A. Energy Costs: LEED Pe NOTES TO WORKSHEET B C. Natural Ventilation Packet !¦¤­£  Other Description ΑΏΐΕȃΏΕȃΐΓ Page 5 of 9 988 0 ¦¤ corner wall opposite or he area that would normally cooled is useful for energy or cooling system drawing energy from determination of wer than outlets. d. CHPS identifies an approach to achieving ventilation strategies least 4% of the floor area of the and confirm the maintenance of comfort using natural tric cooling. anual - Design, HVAC Guidelines, Sections TC 13 (Cross higher than es, the approach inlet Prescriptive: Outlet (Leeward) than 75%. Final lly windward, and lo ally have elec Reduction % CFA 0%0%15%2%30%4%45%6%60%8%75%10% e CHPS program targets school campus ouses and kitchens do not norm may be prorated if the area is less Orientation nlets and Outlets should each be at or a waiver if at least 75% of t CFA: NV Only to be on the side which is typica a is also served by an % CFAArea Reduction 0%0%15%1%30%2%45%3%60%4%75%5% (CFD) modeling, to design Prescriptive: Inlet (Windward) tion feature for this Agreement, the Development may qualify f e Zone 7, spaces such as wareh m CHPS 2006 Volume II Best Practices M conditions are moderate. Even though th s (CHPS) may be use Natural Ventilation an energy or cooling system drawing from the grid. The waiver es. A 5% waiver is granted if the are rpendicular walls. Inlets are oach, the following table may be used. I Orientation CFA: NV + grid Area mputational Fluid Dynamics gh Performance School EXHIBIT 3 SAMPLE Worksheet C: Performance or ment. For example, in CA Climat Prescriptive Calculation but at a minimum may be on pe egies to help maintain comfortable temperatur references are fro g to maintain interior comfort when outside he Collaborative for Hiidelines. To satisfy the prescriptive appr Qualifying 0 Subtotal: 0Subtotal: 0 0 proach, such as macro-flow or Co CFA ble at www.chps.net. Suggested Conditioned Floor Area (CFA) When using Natural Ventilation (NV) to qualify as an energy reduc normally cooled areas are at the discretion of the Building Depart on), and TC-15 (Ceiling Fans). - on opposite sides, area is not served by 2 . As an alternate, the prescriptive calculations outlined in t CFA which is Naturally Ventilated, with Grid Cooling NV with grid coolingNV with grid coolingNV with grid cooling Source of Cooling 1. A Development may use a performance ap space, totalling at least 8%. Ideally they are The designer should follow the CHPS gu includes effective natural ventilation strat NV onlyNV onlyNV only ergy Reduction Allowed no NV the grid. A 10% waiver is granted if the which are likely to be effective in helpin Total Normally Conditioned Floor Area CFA Which is Naturally Ventilated Only many occupancies. It is publicly availa Ventilation), TC-14 (Stack Ventilati Name: Example Development Two approaches are possible: Energy Reduction AllowedEnergy Reduction Allowed ventilation techniques. Exhibit 3 - Apr2010.xls / C-NV Packet Combined En Other spaces Space Name !¦¤­£  Space ASpace BSpace CSpace DSpace ESpace F ΑΏΐΕȃΏΕȃΐΓ 989 0 ¦¤ 9 of 6 Page EXHIBIT 3 to : limited not but including, program, this on details for ordinances Program CV City D / appropriate April2010.xls Packet !¦¤­£  the 3 to Exhibit ΑΏΐΕȃΏΕȃΐΓ Refer 990 0 ¦¤ Page 7 of 9 Verification Protocol (IPMVP) Volume III, Concepts and Options AE Guideline 14 for suggested ranges of discrepancy, appropriate to the this Agreement requires M&V to be ion, and the Energy Section of Measurement & Verification (M&V) asurement and LEED only requires one year of implementat should also be considered, but are not required. eved as planned. Refer to ASHR The Development may choose either Option B or Option D. Performance Me EXHIBIT 3 istent with the International SAMPLE Worksheet E: Ongoing The plan shall include a process for corrective action if energy performance goals are not achi th EAc5, except that ers for electricity. Sub-meters for gas and water Develop and implement a Measurement and Verification (M&V) Plan cons If the LEED Path is chosen, the M&V Plan should be consistent wi Construction, April 2003. meter, magnitude of energy uses, and overall plan. M&V shall be on-going for the length of the lease. for Determining Energy Savings in New Name: Example Development Exhibit 3 - Apr2010.xls / E-M&V Tenants shall have sub-met Packet !¦¤­£  ongoing. ΑΏΐΕȃΏΕȃΐΓ 991 0 ¦¤ Page 8 of 9 awarded a 5 % waiver towards % Reduction Awarded e when requested by the ly reduce electricity us city use, then it will be Utility Controlled: 5% Automatic, or ich the customer has the option to manually or semi-automatical reduce the customer's electri SAMPLE Worksheet F: Demand Response Tariffs Manual or Semi-Automatic: Customer Controlled: 3% EXHIBIT 3 ich the utility can automatically iver towards the overall energy reduction. If the development chooses an SDG&E Demand Response tariff in wh If the development chooses an SDG&E Demand Response tariff in wh Tariff utility, then it will be awarded a 3 % wa Name: Example Development the overall energy reduction. Meter(s) Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 992 0 ¦¤ Page 9 of 9 / Applications Volume III used in EXHIBIT 3 www.chps.net/dev/Drupal/node/31 EXHIBIT 3 Products & Services / IPMVP www.energy.ca.gov/title24/ Links for References www.evo-world.org www.usgbc.org www.ilbi.org Concepts and Options for Determining Energy ) TM City of Chula Vista sponsored energy efficiency program Environmental Design (LEED Practices Manual - Design rformance Schools (CHPS) Efficiency Standards Savings in New Construction, April 2003. Exhibit 3 - Apr2010.xls / Links CHPS 2006 Volume II BestLeadership in Energy and Collaborative for High Pe Living Building Challenge Title 24 Building Energy IPMVP, Volume III, Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ 993 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 994 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 995 B - 1 of 44 996 0 ¦¤ Attachment B to Agenda Item No. 2016-0170 Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 2 of 44 997 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 3 of 44 998 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 4 of 44 999 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 5 of 44 1000 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 6 of 44 1001 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 7 of 44 1002 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 8 of 44 1003 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 9 of 44 1004 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 10 of 44 1005 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 11 of 44 1006 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 12 of 44 1007 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 13 of 44 1008 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 14 of 44 1009 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 15 of 44 1010 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 16 of 44 1011 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 17 of 44 1012 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 18 of 44 1013 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 19 of 44 1014 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 20 of 44 1015 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 21 of 44 1016 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 22 of 44 1017 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 23 of 44 1018 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 24 of 44 1019 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 25 of 44 1020 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 26 of 44 1021 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 27 of 44 1022 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 28 of 44 1023 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 29 of 44 1024 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 30 of 44 1025 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 31 of 44 1026 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 32 of 44 1027 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 33 of 44 1028 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 34 of 44 1029 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 35 of 44 1030 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 36 of 44 1031 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 37 of 44 1032 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 38 of 44 1033 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 39 of 44 1034 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 40 of 44 1035 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 41 of 44 1036 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 42 of 44 1037 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 43 of 44 1038 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ B - 44 of 44 1039 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ C - 1 of 1 1040 0 ¦¤ Attachment C to Agenda Item No. 2016-0170 Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ D - 1 of 3 1041 0 ¦¤ Attachment D to Agenda Item No. 2016-0170 Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ D - 2 of 3 1042 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ D - 3 of 3 1043 0 ¦¤ Packet !¦¤­£  ΑΏΐΕȃΏΕȃΐΓ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA BAYFRONT NATURAL RESOURCES MANAGEMENT PLAN, A COORDINATED EFFORT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY OF CHULA VISTA, AND THE WILDLIFE ADVISORY GROUP(MPA-16- 0005) WHEREAS, on May 4, 2010, the City of Chula Vista(City), San Diego Unified Port District (District), the Bayfront Coalition (Coalition), and the Chula Vista Redevelopment Agency entered into the Chula Vista Settlement Agreement (Settlement Agreement); and WHEREAS, the Settlement Agreement requires that the City and Districtcause to be prepared a Natural Resources Management Plan (NRMP) for the Chula Vista Bayfront; and WHEREAS, the Settlement Agreement requiresthe creation of a Wildlife Advisory Group (WAG) to advise the City and Districton the development and implementation of the NRMP; and WHEREAS, a 26member WAG was formed in early 2011and met approximately 30 times over a 5year period to discuss and formulate a NRMP: and WHEREAS, the NRMP is required to meet the specific management objectives to protect habitats and enhance the fish and wildlife populations of the Chula Vista Bayfront development; and WHEREAS, the NRMP provides guidance for the implementationof the Controlling Documents, which consist of the Settlement Agreement, Coastal Commission Development Policies(CCDP), and the Mitigation Monitoring and Reporting Program (MMRP) for the Chula Vista Bayfront Certified Final Environmental ImpactReport (EIR), and also outlines strategies that may be considered; and WHEREAS, the NRMP promotes and enhances natural resources in the bay-estuarine, urban setting, for a sustainable future that sets far-reaching goals for living with climate change, and envisions a thriving, healthy, ecosystem that fosters the human experience of nature; and WHEREAS, all projects including both public and private will be evaluated by the City and Districtrelative to furthering the goals, objectives, standards and strategies of the NRMP; and WHEREAS, the WAG met on May 5, 2016 and voted to approve the NRMP and recommend forwarding the NRMP to the City and Districtfor approval; and ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1044 WHEREAS, the Settlement Agreement requires that the City and Districtapprove the NRMP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Chula Vista Bayfront Natural Resources Management Plan, a coordinated effort between the San Diego Unified Port District, the City of Chula Vista, and the WAdvisory Group. ildlife Presented by:Approved as to form by: Kelly G. Broughton, FASLAGlen R. Googins Development Services Director City Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1045 City of Chula Vista Staff Report File#:16-0203, Item#: 13 CONSIDERATIONOFWAIVINGIRREGULARITIESINTHEBIDRECEIVEDFORTHECOMBINED ADVERTISEMENTOFTHE“BIKELANEALONGEAST“H”STREET\[STM-382\]”AND“OTAY RANCHPRESERVEACCESSCONTROL\[GG-223\]”PROJECTSPERCITYCHARTERSECTION 1009 A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGBIDS, WAIVINGMINORIRREGULARITIES,ANDAWARDINGTHECONTRACTFORTHE COMBINEDADVERTISEMENTOFTHE“BIKELANEALONGEAST“H”STREET\[STM-382\]” AND“OTAYRANCHPRESERVEACCESSCONTROL\[GG-223\]”PROJECTSTOPAL GENERALENGINEERING,INC.INTHEAMOUNTOF$2,326,865.42;WAIVINGCITY COUNCILPOLICYNO.574-01ANDAUTHORIZINGTHEEXPENDITUREOFALL AVAILABLECONTINGENCYFUNDSNOTTOEXCEED$290,266;ANDAPPROPRIATING $144,435FROMTHEAVAILABLEBALANCEOFTHETRANSPORTATIONDEVELOPMENT IMPACT FEE (TDIF) FUND TO STM-382 (4/5 VOTE REQUIRED) B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE REIMBURSEMENTAGREEMENTBETWEENLUTHERANHIGHSCHOOLOFSANDIEGO ANDTHECITYOFCHULAVISTAFORTHECONSTRUCTIONOFIMPROVEMENTS INCORPORATEDINTOSTM-382ANDAPPROPRIATING$415,689TOTHECAPITAL IMPROVEMENTFUNDBASEDONREVENUEASSOCIATEDWITHSAIDAGREEMENTTO STM-382 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council conduct the public hearing and adopt the resolutions. SUMMARY OnMay11,2016,theDirectorofPublicWorksreceivedfoursealedbidsforthecombined advertisementof“BikeLanealongEastHStreet\[STM-382\]”and“OtayRanchPreserveAccess Control\[GG-223\]”projects.TheprojectsareincludedintheCapitalImprovementProgramforFiscal Years2015/2016and2014/2015,respectively.TheproposedResolution“A”,ifapproved,would acceptbids,waiveirregularities,andawardthecontractforthisprojecttoPALGeneralEngineering, Inc.intheamountof$2,326,865.42;waiveCityCouncilPolicy574-01andauthorizetheexpenditure ofallavailablecontingencyfundsintheamountnottoexceed$290,266;andapprovean appropriationof$144,435fromtheavailablebalanceofTransportationDevelopmentImpactFee fundtoSTM-382.TheproposedResolution“B”,ifapproved,wouldapprovethereimbursement agreementbetweenLutheranHighSchoolofSanDiegoandtheCityofChulaVista,Californiaforthe constructionofimprovementsthatwereincorporatedintoSTM-382andappropriatetheassociated $415,689 in revenue to STM-382. City of Chula VistaPage 1 of 6Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1046 File#:16-0203, Item#: 13 ENVIRONMENTAL REVIEW Environmental Notice TheBikeLanealongEast“H”StreetProjectqualifiesforaCategoricalExemptionpursuanttothe CaliforniaEnvironmentalQualityActStateGuidelinesSection15304Class4(MinorAlterationsto Land)and/orSection15301Class1(ExistingFacilities).TheOtayRanchPreserveAccessControl ProjectqualifiesforaClass3CategoricalExemptionpursuanttoSection15303(NewConstruction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheBikeLanealongEast“H” StreetProject(STM-382)qualifiesforaCategoricalExemptionpursuanttoStateCEQAGuidelines Section15304Class4(MinorAlterationstoLand)and/orSection15301Class1(ExistingFacilities). Inaddition,theOtayRanchPreserveAccessControlProject(GG-223)qualifiesforaClass3 CategoricalExemptionpursuanttoSection15303(NewConstructionorConversionofSmall Structures)oftheCaliforniaEnvironmentalQualityActStateGuidelines.Thus,nofurther environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The“BikeLanealongEast“H”Street\[STM-382\]”and“OtayRanchPreserveAccessControl\[GG- 223\]”projectswerecombinedandadvertisedasoneprojectforefficiencyinbiddingandcontract administration.Additionally,thecombinedadvertisementreducesconstructionimpactsonoverall public safety and convenience. Bike Lane along East “H” Street (STM-382) Theprojectwillconstructfive-foot-wideClass2eastandwestboundbikewayfacilitiesalong approximately2,100linealfeetofEast“H”StreetfromwestofBuenaVistaWaytotheSouthwestern CollegeDrivewayandconstructarightturnlaneintoSouthwesternCollege.LutheranHighSchoolof SanDiego(LHS)wasrequiredbyitsConditionalUsePermitunderPlanningCommissionResolution No.PCC-13-004ConditionNo.24,datedAugust13,2014(Attachment2)toconstructabikelane andparkwayalongitsfrontageonEast“H”Streetandextendtheeastboundtonorthboundleftturn lanetoBuenaVistaWay.Tominimizedisruptionstopublicsafetyandconvenience,Citystaff coordinatedwithLHStoincorporatetheconditionedimprovementsintoSTM-382sothatconstruction impactscanbelimitedtoasingleprojectandtocompletethebikelaneimprovementsalongthe northsideofEast“H”Streetmoreefficiently.Thecostsassociatedwiththeconditioned improvementswillbereimbursedtotheCitybyLHSinaccordancewiththeReimbursement AgreementforPaymentofCoststoConstructStreetImprovementsbyandbetweenLutheranHigh SchoolofSanDiegoandtheCityofChulaVista,California(BikeLanesalongEast“H”Street Project) to be approved by the proposed Resolution “B” (Attachment 3). City of Chula VistaPage 2 of 6Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1047 File#:16-0203, Item#: 13 Otay Ranch Preserve Access Control (GG-223) InajointpowersauthoritywiththeCountyofSanDiego,theCityofChulaVistaownsandmanages theOtayRanchPreservelocatedinthevicinityoftheOtayMountain“Minnewawa”TruckTrailoffof OtayLakesRoadinCountyjurisdiction.Thepreserve,whichincludescriticalhabitatforthe Federally-listedQuinoCheckerspotbutterfly,hasbeendisturbedbyillicitoff-roadactivities.This projectwillconstruct2,015linealfeetofsteelpipefenceandthreegatesalongsegmentsoftheOtay Mountain"Minnewawa"TruckTrailtopreventoff-roadvehiclesfromtrespassingonthepreserveand disturbing the habitat. Bidding Process OnMay11,2016,theDirectorofPublicWorksreceivedfour(4)bidsforthe“BikeLanealongEastH Street\[CIPNo.STM-382\]”and“OtayRanchPreserveAccessControl\[CIPNo.GG-223\]”projects. The following bids were received: CONTRACTORSUBMITTAL RESULTBASE BID AMOUNT SUBMITTED 1PAL General Engineering, Inc.All requirements met but with$2,326,869* - San Diego, CAminor mathematical errors 2LB Civil Construction, Inc. -All requirements met$2,362,456.35 San Diego, CA 3Palm EngineeringAll requirements met but with$2,585,590.83* Construction Co., Inc. - Sanminor mathematical errors Diego , CA 4Weir Construction Corp. -Requirements met except bid$2,959,927.50* Escondido, CAprices not written in words and minor mathematical errors *ReferencedbasebidamountisassubmittedbytheContractor.Actualbasebidamountswithrevisedminor mathematical errors may differ; however, they did not change the outcome and ranking of the bids. StaffreviewedthelowbidsubmittedbyPALGeneralEngineering,Inc.anddeterminedthattheirbid packagemetallthesubmittalrequirements,butincludedminormathematicalerrors.Theseerrors includedminordiscrepanciesbetweenunitpricesquotedinwordsandfiguresanderrorsin multiplicationoftheunitpricewiththequantity.TheresultingrevisedPALGeneralEngineering,Inc. basebidamountof$2,326,865.42isabovetheEngineer’sestimateof$2,050,000by$276,865.42 (orapproximately13.5%).TheContractorhasacknowledgedthemathematicalerrorsandhas indicated that they will honor the revised base bid amount (Attachment 4). TheContractor’sLicenseNo.916931,aswellasalllistedsub-contractors’licenses,arecurrentand active.Staffrecommendsawardingacontractintheamountof$2,326,865.42toPALGeneral Engineering, Inc. Change Orders City of Chula VistaPage 3 of 6Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1048 File#:16-0203, Item#: 13 TheproposedResolution“A”wouldalsoauthorizetheDirectorofPublicWorkstoapprovechange ordersoverandaboveexistingpolicylimits.UnderCityCouncilPolicyNo.574-01,ifanindividual changeordercausesthecumulativeincreaseinchangeorderstoexceedtheDirector’sauthority (“MaximumAggregateIncreaseinChangeOrders”),thenCityCouncilapprovalisrequired.The correspondingmaximumaggregatecontractincreasethatmaybeapprovedbytheDirectorofPublic WorksunderPolicyNo.574-01is$139,343.ApprovaloftheresolutionwouldincreasetheDirector ofPublicWorks’authoritytoapprovechangeorders,asnecessary,uptothe10%contingency amountof$290,266,anincreaseof$150,923overPolicyNo.574-01.Increasingthecontingency fundswillallowstafftocontinuetheprojectwithoutdelayshouldunforeseencircumstancesresulting inincreasedprojectcostsariseduringthecourseofconstruction,aswellasmakeadjustmentstobid itemquantities.Unforeseenconditionsincludesuchitemsasutilityconflicts,hazardousmaterials, otherunexpectedundergroundconditions,etc.Ifthecontingencyfundsarenotused,thentheywill be returned to the project fund balance. TDIF Funding TheTransportationDevelopmentImpactFee(TDIF)UpdateapprovedinNovember2014identified theBikeLanealongEast“H”StreetasFacility62withanestimatedprojectcostof$2,186,327 (Attachment1).TakingintoaccounttheannualConsumerPriceIndex(CPI)TDIFrateadjustment that occurs on October 1 each year, the current project cost is $2,337,601. TheSTM382projectcostof$2,679,194.74(capitalandsoftcosts)exceedstheestimatedproject cost identified in the TDIF Update of $2,337,601 for the following key reasons: ThescopeandcostsoftheLHSImprovementswereaddedtoSTM382,whichwillbe reimbursed by LHS; AdditionallandscapingscopeassociatedwiththeCityArborist’sReportthatdeterminedthat anyimprovementswithinten(10)feetofexistingmaturetreetrunkswouldrequire replacement and relocation of impacted trees (Attachment 5); Additionalearthworkanddrainageimprovementcostsforstormwaterqualitymeasuresin accordance with current storm water regulations; and Increased costs associated with surface improvements and traffic signal upgrades. Disclosure Statement Attachment 6 is a copy of the Contractor’s Disclosure Statement. Wage Statement TheCitysourceoffundingforthisprojectisTransportationDevelopmentImpactFeeandOtayRanchPreserve Owner/Managerfund.Contractorsbiddingthisprojectarerequiredtopayprevailingwagestopersonsemployedby themfortheworkunderthisproject.DisadvantagedbusinesseswereencouragedtobidintheNoticeContractorsfor City of Chula VistaPage 4 of 6Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1049 File#:16-0203, Item#: 13 various trade publications. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdingswithin500feetofthe boundariesofthepropertieswhicharethesubjectofthisaction.Staffisnotindependentlyaware,norhasstaffbeen informedbyanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictof interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strong andSecureNeighborhoodsandaConnectedCommunity.TheBikeLanealongEastHStreetProjectsupportsStrong andSecureNeighborhoodsandaConnectedCommunityStrategicGoalsasitwillprovideamajorimprovementtothe existingbikewaysystem(Class2bikelane)alongEastHStreetbyconnectingthemorethanhalf-milegapbetween existing bikeway facilities along East H Street. TheOtayRanchPreserveAccessControlProjectsupportstheStrategicGoalforaHealthCommunitybyimplementing Initiative3.2.1(implementenvironmentalconservationprograms)intheOtayRanchResourceManagementPlan(RMP)- CFD97-2.Un-authorizedoff-roadactivitiesareresultinginthelossanddegradationofsensitiveplanandanimalspecies and rare habitat types, including critical habitat for the federally listed Quino Checkerspot Butterfly. CURRENT YEAR FISCAL IMPACT The following pages include a summary of project costs, and funding sources: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount 1. STM382 Bike Lanes along East H Street$ 1,981,470.83 2. GG223 Otay Ranch Preserve Access Control$ 94,203.14 Total Contract Amount$ 2,326,865.42 B. Contingencies 1. STM382 Bike Lanes along East H Street$ 223,266.23 2. GG223 Otay Ranch Preserve Access Control$ 66,999.77 Total Contingencies$ 290,266 C. Staff Time, Material Testing & Other Costs 1. STM382 Bike Lanes along East H Street$ 223,266.23 2. GG223 Otay Ranch Preserve Access Control$ 18,840.63 Total Staff Time, Material Testing & Other Costs$ 242,106.86 CONSTRUCTION TOTAL$ 2,859,238.28 FUNDING SOURCES A. STM382 (TDIF Fund)$ 2,119,071.83 B. Lutheran High School Reimbursement$ 415,689 C. GG223 (Otay Ranch Preserve Fund)$ 180,043.55 D. STM382 (Appropriation from TDIF Fund)$ 144,435 TOTAL$ 2,859,239.13 City of Chula VistaPage 5 of 6Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1050 File#:16-0203, Item#: 13 ApprovaloftheresolutionsandtheReimbursementAgreementwiththeLutheranHighSchoolofSanDiegowillinitiate theconstructionphaseofSTM382andGG223andwillappropriate$415,689and$144,435,respectively,fromthe CapitalImprovementfundandTDIFfundtoSTM382.TherearesufficientTDIFandOtayRanchPreserve Owner/Manager(POM)fundsavailabletocovertheconstructionandstaffcostsassociatedwithSTM382andGG223. Therefore, there is no additional impact to these funds. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require routine City street and drainage maintenance. ATTACHMENTS 1.Attachment - TDIF Facility No. 62 2.Attachment - Planning Commission Resolution No. PCC-13-004 3.Agreement - Lutheran High School of San Diego ReimbursementAgreementforPaymentofCoststoConstructStreetImprovementsbyandBetweenLutheran High School of San Diego and the City of Chula Vista signed by Lutheran High School of San Diego 4.Attachment - Contractor Bid Error Acknowledgment LetterfromPALGeneralEngineering,Inc.acknowledgingminormathematicalerrorsandhonoringtherevised base bid price 5.Attachment - City Arborist’s Tree Retainability Report 6.Attachment - California Disclosure Statement Staff Contact: Paul Oberbauer, Associate Civil Engineer City of Chula VistaPage 6 of 6Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1051 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1052 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1053 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1054 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1055 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1056 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1057 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1058 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1059 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1060 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1061 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1062 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1063 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1064 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1065 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1066 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1067 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1068 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1069 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1070 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1071 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1072 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1073 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1074 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1075 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1076 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1077 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1078 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1079 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1080 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1081 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1082 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1083 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1084 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1085 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1086 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1087 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PREPARED FOR: MR. GREGORY E. TSCHERCH SENIOR CIVIL ENGINEER CITY OF CHULA VISTA DPW 276 FOURTH AVENUE CHULA VISTA, CA 91910 PREPARED BY: SAM OLUDUNFE ISA #WE-8574AUM; ISA TRAQ OPEN SPACE MANAGER & CITY FORESTER CITY OF CHULA VISTA DPW 1800 MAXWELL ROAD CHULA VISTA, CA 91911 NOVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1088 TOC ABLE FONTENTS Summary ....................................................................................................................................... 1 Introduction .................................................................................................................................. 1 Background ............................................................................................................................... 1 Assignment ............................................................................................................................... 1 Limits of the Assignment .......................................................................................................... 1 Purpose andUse of Report ........................................................................................................ 2 Observations ................................................................................................................................. 2 Discussion...................................................................................................................................... 2 Conclusions ................................................................................................................................... 4 Recommendations ........................................................................................................................ 4 Glossary ........................................................................................................................................ 5 Bibliography ................................................................................................................................. 5 Supporting Materials ................................................................................................................... 6 Photographs 1and 2 .................................................................................................................. 6 Photograph 3 .............................................................................................................................. 7 Photographs 4and 5 .................................................................................................................. 8 Photograph 6 .............................................................................................................................. 9 Photographs 7 and 8 ................................................................................................................. 10 SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1089 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 1 OF 10 S UMMARY The City of Chula Vista proposes to widen the portion of East H Street between west of Buena Vista Way and Southwestern College entrance.The project will provide major improvements to the existing bikeway system along East H Street by connecting the one-half- mile gap between existing bikeway facilities along H Street/East H Street/Proctor Valley Road corridor. In September 2015, Mr. Gregory E. Tscherch, Senior Civil Engineer at City of Chula Vista Public Works Department, requested me to inspect the large eucalyptus trees located onChula East H Street, between west of Buena Vista Way and Southwestern College entrance, to determine the retainability of the said trees after the abovementioned road widening project. The inspection of the trees, located on the north and south sides of the road, is to aid the decision to retain the trees beyond the upcoming majorroad widening project onEast H Street. Based on my visual inspection of the eucalyptus trees, and my consideration of their age, size, location, and present condition, it is my conclusion that any of the eucalyptus trees whose major roots (larger than two inches in diameter) are might pose a significant tree failure risk in the near future if they are retained beyond upcoming major construction activities. I NTRODUCTION Background The mixed species eucalyptus trees under discussion are mostly river red gums (Eucalyptus camaldulensis), silver dollar gums (Eucalyptus polyanthemos), and sugar gums (Eucalyptus cladocalyx)which were planted in the mid-1970s to flank East H Street. Subsequent road widening exercises onEast H Street over the years have moved the roadways very close to the trees (photographs 1 to 4, 6 to 8). Assignment Mr. Gregory Tscherch requested me toevaluate the existing condition of the eucalyptus trees which are growing on both (the north and south) sides of East H Street,between west of Buena Vista Way and Southwestern College entrance. He also requested me to submit a written report, documenting myobservations, professional opinion,and recommendations,ontheretainability of the said trees beyond the abovementioned road widening project. Limits of Assignment On September 18, 2015 and October 29, 2015, I performedvisual inspections of the East H diameter at Street eucalyptus trees from the ground. Using a diameter tape, I measured the SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1090 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 2 OF 10 standard heightdsh () of a representative eucalyptus tree located at the northeast corner of East H Street and Buena Vista Way(photographs 4 and 5). I used a tape measure to measure the distance from the base of the representative tree to the back of the adjacent sidewalk (photograph 6). I took several photographs of the trees and the site (photographs 1 to 8). I did not perform any crownsroot crown aerial inspection of the treesat any time; I did not conduct any excavation, either. Purpose and Use of Report The purpose of this report is to present to Mr. Gregory Tscherch my findings and recommendations on the retainability of the subject eucalyptus trees beyond upcoming major road widening work on East H Street, Chula Vista. Therefore, the use of this report will be at Mr. Tscherchdiscretion. O BSERVATIONS The eucalyptus trees I inspected on East H Street range from 35 feet to 60 feet in height; I recorded a 25-inch dsh on the representative eucalyptus tree I measured at the northeast corner of East H Street and Buena Vista Way. I observed that most of the eucalyptus trees looked very healthy; there were no noticeable evidence of disease or insect infestations on the trees. During my inspection, I observed that the eucalyptus foliage, branches and branching characteristics, branch attachments, crown density and spread, trunk size relative to tree height root flare and crown density, and recognizable at the base of the trees all looked typical for the respective eucalyptus species found in the project area. Road widening exercises onEast H Street over the years have moved the roadways very close to the large eucalyptus trees: many of the trees are located within a distance of six feet from the adjacent sidewalk (photographs 6 to 8). D ISCUSSION The Eucalyptus Tree Eucalyptus is a diverse genus of flowering trees and shrubs (including a distinct group with a multiple-stem mallee growth habit) in the myrtle family, Myrtaceae. Members of the genus dominate the tree flora of Australia. The more than 700 species of eucalyptus are mostly native to Australia, and a very small number are found in adjacent areas of New Guinea and Indonesia. Only 15 species of eucalyptus occur naturally outside Australia, with just nine of these not occurring in Australia. Species of eucalyptus are cultivated widely in the tropical and temperate SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1091 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 3 OF 10 world, including the Americas, Europe, Africa, the Mediterranean Basin, the Middle East, China, and the Indian subcontinent, though most species do not tolerate frost. Eucalyptus is one of three similar genera that are commonly referred to as "eucalypts", the others being Corymbia and Angophora. Many species, but far from all, are known as gum trees because they exude copious kino (gum) from any break in the bark (e.g., scribbly gum). The generic to the operculum on the calyx that initially conceals the flower (D. Gledhill, 2008). A mature eucalyptus may take the form of a low shrub or a very large tree. The species can be divided into three main habits. As a generalization,"forest trees" are single-stemmed and have a crown forming a minor proportion of the whole tree height. "Woodland trees" are single-stemmed, although they may branch at a short distance above ground level. "Mallees" are multistemmed from ground level, usually less than 33 feet in height, often with the crown predominantly at the ends of the branchlets and individual plants may combine to form either an open or closed formation. Many mallee trees may be so low-growing as to be considered a shrub. Some eucalyptus species have attracted attention from horticulturists, global development researchers, and environmentalists because of desirable traits such as being fast-growing sources of wood, producing oil that can be used for cleaning and as a natural insecticide, or an ability to be used to drain swamps and thereby reduce the risk of malaria. Eucalyptus oil finds many uses like in aromatherapy, as a cure for joint pains. Eucalyptus trees show allelopathic effects; they release compounds which inhibit other plant species from growing nearby. Outside their natural ranges, eucalypts are both lauded for their beneficial economic impact on poor populations (J. Luzar, 2007) and criticized for being "water-guzzling" aliens (D. Robertson, 2005), leading to controversy over their total impact (R.L. Santos, 1997). Tree Root Growth and Spread The pattern of development of a tree root system is important in providing a tree with a secure supply of nutrients and water as well as anchorage and support. Major tree roots often grow within a few inches of the soil surface. Some species, such as maples, grow roots particularly close to the surface. Tree roots normally grow outward to about three times the branch spread. Only half of a tree's root system occurs between the trunk and the circumference of its crown. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1092 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 4 OF 10 Effects of Root Removal on Tree Stability Removing any significant portion or quantity of the roots of a large tree will lead to serious injury to eventual death root system is important for maintaining healthy trees. When roots are lost, by any means and for any reason, the resulting imbalance creates stress. Cutting a tree root that is larger than twoinches in diameter or cutting too close to the trunk interferes with the structure and stability of the tree. Roots provide the support necessary to keep a tree standing, and without the support structure, the tree becomes unstable. This can lead to the tree falling over during high winds or rainstorms. A tree usually has four to seven major (structural) roots,cutting just one of them within a few feet of the trunk can remove up to 25 percent of the root system. es the tree to failure. C ONCLUSIONS Based on my visual inspection of the eucalyptus trees, and my consideration of their age, size, location, and present condition, it is my conclusion that any of the eucalyptus trees whose roots are severed within ten future if they are retained beyond upcoming major construction activities. R ECOMMENDATIONS I recommend that any of the eucalyptus trees whose major roots (larger than two inches in diameter) be removed to prevent injury to persons SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1093 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 5 OF 10 G LOSSARY Crown The branches, leaves, and reproductive structures of a tree. The crown extends from the trunk ormain stems. Diameter at standard height (dsh) A standard method of expressing the diameter of the trunk or bole of a standing tree, measured at 4½ feet above ground. Root crown Also known as the root collar,or root neck, is that part of a root system from which astem arises. Root flare The point where the trunk begins to spread out as it meets the roots growing underground.It isthe transition zone between the main stem and the root system. The root flare should always remain exposed. B IBLIOGRAPHY Gledhill, D. (2008). The Names of Plants (4 ed.). Cambridge University Press. p. 158. ISBN 978-0-521-86645-3. Luzar J. (2007). The Political Ecology of a "Forest Transition": Eucalyptus forestry in the Southern Peruvian. Ethnobotany Research & Applications. Robertson, D. (2005). "South Africa Water Project Clears Water-Guzzling Alien Plant Infestations". Santos, Robert L. (1997). "Section Three: Problems, Cares, Economics, and Species". The Eucalyptus of California. California State University. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1094 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 6 OF 10 SM UPPORTING ATERIALS Photograph 1 Photograph 2 Photographs1 (top; taken from the southwestside of East H Street and Buena Vista Way intersection, facing northeast) and 2(above;taken from the west side of intersection,facing east)show a section of subject East H Street eucalyptus trees. Representative tree (RT), measured at 25 inches dsh,is arrowed in Photos 1 and 2. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1095 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 7 OF 10 Photograph 3 Photograph 3A view of subject East H Street eucalyptus trees. Note the full height (estimated at 60 feet) of some ofthetrees in relation to the height (6 feet) of an adult man (arrowed).Photograph 3was taken from the west,facing east. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1096 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 8 OF 10 Photograph 4 Photograph 5 Photographs4and 5Representative tree measured 25 inches dsh. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1097 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 9 OF 10 Photograph 6 Photograph 6Representative tree (25 inches dsh, 60 feet height) is located 5 feet 10 inches from the adjacent sidewalk. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1098 REPORT ON POST-PROJECT TREE RETAINABILITY: CIP STM-382, EAST H STREET PROJECT PAGE 10 OF 10 Photograph 7 Photograph 8 Photographs7(top)and 8(above)show a section of subject East H Street eucalyptus treesand their proximity to the adjacent sidewalk.The trees are located less than three feet from the adjacent sidewalk. SO AM LUDUNFE, ISA #WE-8574AUM, ISA TRAQ CFCOCVN ITY ORESTER, ITY FHULA ISTA OVEMBER 4, 2015 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1099 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1100 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1101 RESOLUTION NO. 2016-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING MINOR IRREGULARITIES, AND AWARDING THE CONTRACT FOR THE COMBINED ADVERTISEMENT OF THE “BIKE LANE ALONG EAST “H” STREET \[STM-382\]” AND “OTAY RANCH PRESERVE ACCESS CONTROL \[GG-223\]” PROJECTS TO PAL GENERAL ENGINEERING, INC. IN THE AMOUNT OF $2,326,865.42; WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $290,266; AND APPROPRIATING $144,435 FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO STM-382 (4/5 VOTE REQUIRED) WHEREAS,City staff prepared plans and specifications for the “Bike Lane along East H Street \[STM-382\]” and “Otay Ranch Preserve Access Control \[GG-223\]” projects and advertised the projects togetheron April 22, 2016; and WHEREAS,on May 11, 2016, the Director of Public Works Engineering received four(4)sealed bids for the “Bike Lane along East H Street \[STM-382\]” and “Otay Ranch Preserve Access Control \[GG-223\]” projectsas follows: BID TOTAL CONTRACTORSUBMITTAL RESULT SUBMITTED PAL General Engineering, All requirements met but with 1$2,326,869* Inc. –San Diego, CAminor mathematical errors LB Civil Construction, Inc. – 2All requirements met$2,362,456.35 San Diego, CA Palm Engineering All requirements met but with 3Construction Co., Inc. –San $2,585,590.83* minor mathematical errors Diego, CA Requirements met except bid Weir Construction Corp. – 4 $2,959,927.50* prices not written in words and Escondido, CA minor mathematical errors *The submitted bid proposal contained mathematical errors. Corrections of bid totals did not change the outcome and ranking of the bids. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1102 Resolution No. 2016-_____ Page 2 WHEREAS, Staff reviewed the bid documentsof the apparent low bid submitted byPAL General Engineering, Inc.and found minor errors, in that the written unit prices differed from the figures and some multiplication errors of the unit prices and the number of units were present; and WHEREAS, the bid documents specifically anticipate such situations and indicate that if a discrepancy between written numbers and figures exist, the written is used; and WHEREAS, the multiplication errors are considered minor; and WHEREAS, the minor errors in the apparentlow bidder’s bid did not change the ranking order; and WHEREAS, the low bid submitted by PAL General Engineering, Inc.in the amount of $2,326,865.42 with corrected minor mathematical errorsis abovethe Engineer’s estimate of $2,050,000.00 by $276,865.42 (or approximately 13.5%); and WHEREAS, the total “Bike Lane along East H Street \[STM-382\]” and “Otay Ranch Preserve Access Control \[GG-223\]” projects is anticipated to cost $2,859,238.29 including $532,372.87for contingencies, staff time, material testing and other costs; and WHEREAS, PAL General Engineering, Inc. is a currently active licensed Class A General Engineering Contractor (License No. 916931);and WHEREAS, under Council Policy No. 574-01, the Director of Public Works may approve a contract increase up to $139,343.27, based upon the base contract amount. It is recommended that the Director of Public Works be authorized to approve change orders, as necessary, up to the maximum 10% contingency amount of $290,266,which is an increase of $150,922.73over PolicyNo. 574-01 in order to continue the project without delay; NOW, THEREFORE, BE IT RESOLVEDbythe City Council of the City of Chula Vista,that it does hereby accept bids, waive minor bid irregularities,andawarda contract for the “Bike Lane along East H Street \[STM-382\]” and “OtayRanch Preserve Access Control \[GG-223\]” project to PAL General Engineering, Inc. in the amount of $2,326,865.42; waive City Council Policy 574-01 and authorizethe expenditure of all available contingency funds in the amount not to exceed $290,266; and approve an appropriation of $144,435from the available balance of Transportation Development Impact Fee funds toCIP No. STM-382. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1103 Resolution No. 2016-_____ Page 3 Presented byApproved as to form by ______________________________________________________ Richard A. HopkinsGlen R. Googins Director of Public Works City Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1104 RESOLUTION NO. 2016-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN LUTHERAN HIGH SCHOOL OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION OF IMPROVEMENTS INCORPORATED INTO STM-382 AND APPROPRIATING $415,689 TO THE CAPITAL IMPROVEMENT FUND BASED ON REVENUE ASSOCIATED WITH SAID AGREEMENT TO STM-382 (4/5 VOTE REQUIRED) WHEREAS, Lutheran High School of San Diegois required to construct certain street improvements, signage, andstriping within the City right-of-way and street easement (combined “LHS Improvements”) in accordance with Conditional Use Permit No. PCC-13-004 approved August 13,2014(“CUP”), particularly Condition No. 24 and all other CUP conditions pertaining to improvements inthe City right-of-way within the City of Chula Vista; and WHEREAS, incorporating construction of theImprovements with construction ofCity Improvements would constitute a substantial benefit to Lutheran High Schooland the City, whichbenefits include, but are not limited to, reductions or savings in terms of time, money, publicinconvenience, and construction hazards; and WHEREAS, in order to achieve such benefits, LHS Improvements have been incorporated into the scope of STM-382 with the associated costs being reimbursed to the City by Lutheran High School in accordance with a Reimbursement Agreement by and between the City of Chula Vista and Lutheran High School. NOW, THEREFORE, BE IT RESOLVEDbythe City Council of the City of Chula Vista,thatit does hereby approve the reimbursement agreement between Lutheran High School of San Diego and the City of Chula Vistaand appropriate$415,689 to the Capital Improvement Fund based onrevenue associated with said agreement to CIP No. STM-382. Presented byApproved as to form by ______________________________________________________ Richard A. HopkinsGlen R. Googins Director of Public Works City Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1105 City of Chula Vista Staff Report File#:16-0110, Item#: 14 CONSIDERATIONOFAUTHORIZINGTHELEVYANDCOLLECTIONOFASSESSMENTSAND THERENEWALOFTHEDOWNTOWNCHULAVISTAPROPERTY-BASEDIMPROVEMENT DISTRICT (PBID) FOR A PERIOD OF TEN YEARS RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGTHE MANAGEMENTDISTRICTPLANANDFINALENGINEER’SREPORT,RENEWINGTHE DOWNTOWNCHULAVISTAPROPERTY-BASEDBUSINESSIMPROVEMENTDISTRICTFORA PERIODOFTENYEARSANDAUTHORIZINGTHELEVYANDCOLLECTIONOFASSESSMENTS WITHINSUCHDISTRICT,ANDAPPROVINGTHE“THIRDAVENUEVILLAGEAGREEMENTAND ENCROACHMENTPERMITFORMAINTENANCESERVICESBETWEENTHECITYOFCHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION” RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY TheDowntownChulaVistaProperty-BasedBusinessimprovementDistrict(PBID)wasformedin 2001toproactivelyimplementanumberofenhancementservicesandprogramswithinthe downtowncore.AdministeredbytheThirdAvenueVillageAssociation(TAVA),thePBIDwas inauguratedforafive-yeartermbeginningin2001,andrenewedin2006foraperiodoftenyears,to expireDecember31,2016.Inordertocontinueoperation,thePBIDmustberenewedbyJune2016, byamajorityofreturnedpropertyownerballotsweightedbythefinancialobligationsofthe assessment to be paid. ThenextstepinthePBIDrenewalprocessisfortheCityCounciltoconductapublichearingto considerapprovaloftheresolutiontoauthorizethelevyandcollectionofassessmentsandthe renewalofthePBIDforaperiodoftenyears,effectiveJanuary1,2017.Atthepublichearing,the CouncilwillauthorizetheCityClerk’sofficetoopenandcounttheballotstodeterminetheresultsof thePBIDballotprocedurepursuanttoProposition218.Inordertocontinueoperation,thePBIDmust berenewedbyJune2016,byamajorityofreturnedpropertyownerballotsweightedbythefinancial obligationsoftheassessmenttobepaid.Ifthereturnedballotresultsmeetthisrequirement,theCity Councilwilldeclaretheresultsoftheballots,approvetheresolutiontoauthorizethelevyand collectionofassessmentsandtherenewalofthePBIDforaperiodoftenyears,effectiveJanuary1, 2017. IfthePBIDisrenewed,staffrecommendscouncilacceptandapprovethe“ThirdAvenueVillage AgreementandEncroachmentPermitforMaintenanceServicesBetweentheCityofChulaVistaand theThirdAvenueVillageAssociation,”(Agreement)settingforththeagreementbetweentheCityand TAVA, the owners’ association, regarding maintenance to be performed in the PBID. City of Chula VistaPage 1 of 4Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1106 File#:16-0110, Item#: 14 ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental reviewisrequired.Notwithstandingtheforegoing,theactivityqualifiesforanExemptionpursuantto Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Determination TheproposedactivityhasbeenreviewedforcompliancewiththeCaliforniaEnvironmentalQuality Act(CEQA)andithasbeendeterminedthattheactivityisnota“Project”asdefinedunderSection 15378ofthestateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangeinthe environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis notsubjecttotheCEQA.Notwithstandingtheforegoingithasalsobeendeterminedthatthereisno possibilitythattheactivitymayhaveasignificanteffectontheenvironment;therefore,pursuantto Section15061(b)(3)oftheStateCEQAGuidelines,theactivityisnotsubjecttotheCEQA.Thus,no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION TherenewaloftheProperty-BasedBusinessimprovementDistrict(PBID)forDowntownChulaVista willcontinuetohelppromoteandimprovetheeconomicrevitalizationandphysicalmaintenanceof ChulaVista’shistoriccore.ApetitiondrivetoestablishsupportfortherenewaloftheProperty-Based BusinessImprovementDistrict(PBID)forDowntownChulaVistawasconductedduringFebruaryto Aprilof2016byTAVA.Thepetitiondrivewassuccessfulingainingthesignaturesofoverfifty percentofaffectedpropertyownerswithintheproposedDistrict.TheCityactedonFebruary23, 2016,tosupporttherenewalofthePBIDandtosignthepetitionforallCity-ownedparcelswithinthe District. OnApril26,2016theCityprovidedpreliminaryapprovaloftheFinalEngineer’sReport,whichisa componentoftheManagementDistrictPlan(Attachment#1)andadoptedtheResolutionofIntent thatformallybegantheprocessofrenewingthePBIDforaten-yearperiod,whichwassubjecttoa voteofallaffectedpropertyowners,pursuantofProposition218.TheManagementDistrictPlanand Engineer’sReportarepreparedpursuanttoStateLaw(Section36600et.Seq.oftheCalifornia StreetsandHighwaysCode)andprovidesadetaileddescriptionoftheimprovementsandactivities tobeprovided,anestimateofthecostoftheimprovementsandactivities,themethodologyfor determiningassessment,andanassessmentrollshowingtheamountproposedtobespecially assessedagainsteachparcelofrealpropertywithinthisassessmentdistrict.Theactiontoadoptthe ResolutionofIntentwaspredicatedonthesuccessofthepetitiondrive.Thepetitiondriverequires thatpropertyowners,representingfiftypercentofthetotalassessmentproposedtobelevied,which totals$455,000,tosupportthedistrictformation.Thisthresholdwasreachedwithover$227,500of assessed valuation supporting the formation of the District. PursuanttoProposition218,ballotsweresentoutonApril28,2016,alongwiththeformalNoticeof PublicHearingtoallpropertyownersintheproposeddistrict.Theballotswillbeopenedandcounted City of Chula VistaPage 2 of 4Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1107 File#:16-0110, Item#: 14 afterthecloseoftonight’spublichearing.Inordertocontinueoperation,thePBIDmustberenewed byJune2016,byamajorityofreturnedpropertyownerballotsweightedbythefinancialobligations oftheassessmenttobepaid.Ifthisgoalisreached,Councilwilldeclaretheresultsoftheballots process,approvetheresolutionauthorizingthelevyandcollectionofassessmentsandtherenewal of the PBID for a period of ten years, effective January 1, 2017. Additionally,Attachment#2isthefinal“ThirdAvenueVillageAgreementandEncroachmentPermit forMaintenanceServicesbetweentheCityofChulaVistaandtheThirdAvenueVillage Association”(Agreement).ThepriorMaintenanceAgreementwillexpireonJune30,2016.Thisnew Agreementclarifiesmaintenanceresponsibilitiesandservesastheencroachmentpermitand contractrequiredforTAVAtoconducttheservicesandactivitiescontemplatedintheAgreement, ManagementDistrictPlanandEngineersReport.IfthePBIDisrenewed,staffrecommendscouncil acceptandapprovethisAgreementtocontinuehavingTAVAadministerthePBIDservicesand activitiesinaccordancewithSection36651oftheCaliforniaStreetsandHighwaysCodeaswellas the Management District Plan and Final Engineers Report. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthat,MayorMaryCasillas Salashasrealpropertyholdingswithin500feetoftheboundariesofthepropertieswhicharethe subjectofthisaction.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections 18700and18702.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictof interestunderthePoliticalReformAct(Cal.Gov'tCode§87100,etseq.)fortheabove-identified member. Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TherenewalofthePBIDsupportstheEconomicVitalitygoalasitadvancesexistingbusinesseson ThirdAvenue,targetsandattractsnewbusinessestoThirdAvenue,andengagesthecommunityto reinvest in Third Avenue. CURRENT YEAR FISCAL IMPACT There is no immediate fiscal effect associated with this item. ONGOING FISCAL IMPACT ShouldthePBIDbesuccessfullyrenewed,theCitywillbeobligatedtoassessmentpaymentsof approximately$86,000peryear,or$860,000forthetenyearrenewalperiod.Thisamountwillbe reducedwiththesaleoftheformerredevelopmentagencyownedparcels.Theremainingbalance couldbeadjustedslightlyupwardsbyacostoflivingprovisionwithintheDistrictdocuments,which by law cannot exceed five percent. These assessments would be paid from the General Fund. ATTACHMENTS Attachment#1:ManagementDistrictPlan,datedJanuary2016,andFinalEngineer’sReportdated April 2016 Attachment#2:ThirdAvenueVillageAgreementandEncroachmentPermitforMaintenanceServices City of Chula VistaPage 3 of 4Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1108 File#:16-0110, Item#: 14 between the City of Chula Vista and the Third Avenue Village Association Staff Contact: Eric Crockett, Economic Development Director City of Chula VistaPage 4 of 4Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1109 Downtown Chula Vista Property-Based Business Improvement District Management District Plan City of Chula Vista, California January 2016 Prepared by: Progressive Urban Management Associates, Inc. andKristin Lowell, Inc. Prepared pursuant to the State of California Property and Business Improvement District Law of 1994 and Article XIIID of the California Constitution to create a property-based business improvement district ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1110 Downtown Chula Vista Property and Business Improvement District Management District Plan Table of Contents Section Number Page Number 1. Executive Summary 1 2. PBID Boundary 4 3. PBID Activity and Improvement Plan 6 4. PBID Assessment Budget 10 5. Public Sector Participation 12 6. Assessment Methodology 13 7. PBID Governance 19 8. Implementation Timeline 20 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1111 Downtown Chula Vista PBID January 2016 Management District Plan Page 1 of20 SECTION 1: Executive Summary Established in 2001 and renewed in 2006, the Downtown Chula Vista PBID was initiated by improvements aim to improve and convey special benefits to properties located within downtown Chula Vista. To guide the PBID for the next ten years, a PBID renewal steering committee and the Third Avenue Village Association (TAVA) board of directors have developed a new PBID Management Plan that res District will provide new improvements and activities, including both environmental and economic enhancements. Each of the activities is designed to meet the goals of the District; to improve the appearance and safety of the District, to increase building occupancy and lease rates, to encourage new business development and attract ancillary businesses and services. As described in the Management District Plan, it is proposed that the PBID will provide funding for enhanced maintenance, safety, and beautification and economic development programs, above and beyond those provided by the City of Chula Vista. Summary Management Plan y and Business Improvement Downtown Chula Vista PBID is being renewed for a ten year term. Upon receipt of petitions signed by property owners representing greater than 50% of the District budget, the City of Chula Vista will initiate a ballot procedure to officially re-establish and renew the PBID. Location The District encompasses approximately a 16-block area along the Third Avenue commercial corridor, bounded roughly by E Street to the north, Church Avenue to the east, Landis Avenue to the west and I Street to the south. It also includes one block on F Street, including the central library and police station. Why Renew In the renewal process, Downtown Chula Vista property and business owners have stated the following reasons for continuing the PBID: the PBID? -Keep downtown clean, safe and attractive -Protect the heart of the city keep it unique -Ct slip back to conditions that existed prior tothe PBID -Downtown property and business owners have a stronger voice when unified through the PBID -The PBID offers a competitive advantage in marketing downtown. More than 80 downtown stakeholders, mostly property and business owners also responded to an online survey seeking priorities for PBID renewal. Overal Priorities for the next term of the PBID include: -Business development to attract new retail and restaurants -Increase efforts to address homelessness and transients -Capital improvements to make Third Avenue more attractive -Recruit more service businesses for residents ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1112 Downtown Chula Vista PBID January 2016 Management District Plan Page 2 of20 Services and The PBID will financeactivities andimprovements that will improve r property owners, residents, Activities workers and visitors, including: Environment: -Maintenance Teams that sweep, scrub and pressure wash sidewalks, remove litter and graffiti, increase the frequency of trash removal and maintain landscaping throughout the District. -Safety & Hospitality Ambassadors that provide information on activities and attractions, work with local police, business and property owners to prevent crime and reduce homelessness and improve quality of life issues. -Beautification improvements that make Downtown Chula Vista more visually attractive, which may include: wayfinding signage, trash cans, holiday décor, enhanced streetscape, planters, etc. Economic: -Economic and business development activities to support the growth and vitality of existing businessinvestments,promote a stronger business mix, and enhance the image of Downtown Chula Vista as a destination for consumer and investment revenues. Working with City staff to expedite thetenant improvementprocess. -Marketing to promote a positive image of downtown as a regional destination, and services aimed at attracting a diverse cultural consumer base, quality commercial and office tenants, and private investment. Budget ACTIVITYTOTAL ENVIRONMENTAL ENHANCEMENTS Ambassadors, Homeless Initiative, Beautification, District-Wide Maintenance$90,000 Third Avenue Additional Maintenance$70,000 Total Environmental Enhancements$160,000 ECONOMIC ENHANCEMENTS Business Development, Communications, Marketing, Branding, Parking Management Total Economic Enhancements$170,000 ADVOCACY/ADMINISTRATION Personnel: Administrative Support Total Advocacy/Administration$100,000 PBID RESERVE (5%)$25,000 TOTAL PBID BUDGET$455,000 Method of Levy of assessments upon real property that benefit from improvements and activities. Financing Assessments Annual assessments are based upon an allocation of program costs and a calculation of lot square footage and street frontage. Estimated annual maximum assessment rates for the first year of the district follow: ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1113 Downtown Chula Vista PBID January 2016 Management District Plan Page 3 of20 Per Sq.Ft. of Per Linear Assessment Rates LotFoot $16.303 Properties along Third Avenue$0.089 (between E and H Streets) $2.323 All other properties in the District$0.089 Cap Annual assessments may increase no more than 5% per year, consistent with the increase in consumer price index (CPI) and increases in program costs. The determination of annual adjustments in assessment rates will be subject to the review and approval of the board of the Third Avenue Village Association. City Services The City of Chula Vista has established and documented the base level of pre-existing City services. The PBID will not replace any pre-existing general City services. The District will negotiate with the City on the new maintenance agreement in accordance with the provisions of this Management District Plan. Collection PBID assessments appear as a separate line item on the annual San Diego County property tax bills. District The PBID will be managed by the Third Avenue Village Association Governance Chula Vista property owners will help determine the PBID uses and budget each year. District California law for PBID district formation/continuation requires the submission of petitions signed by property owners in the proposed district Continuation who will pay more than 50% of the total assessments (i.e. petitions must represent more than 50% of the $455,000 to be assessed). Petitions are submitted to the Chula Vista City Council, and the City will mail ballots to all affected property owners. The majority of ballots returned, as weighted by assessments to be paid, must be in favor of the PBID in order for the City Council to consider approval. Duration The district will have a 10-year life beginning January 1, 2017. In five years (i.e. 2021), the Third Avenue Village Association and downtown property owners will undertake a review of the Management District Plan and PBID programs. Any new or increased assessments that are not consistent with the provisions of this Management District Plan will require a new mail ballot process. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1114 Downtown Chula Vista PBID January 2016 Management District Plan Page 4 of20 Section 2: PBID Boundary PBID Boundary The proposed Downtown Chula Vista PBID will deliver its services to the commercial corridor mainly along Third Avenue. The current boundaries are from E Street to the north, I Street to the south, Church Avenue to the east and Landis Avenue to the west.It also extends west on F Street to Fourth Avenue, encompassing the City of Chula Vista central library and police station. Within the PBID boundary there are two different benefit zones for the maintenance programs and activities. It was determined that the Third Avenue corridor required more maintenance services than the rest of the properties in the PBID. Described below are the benefit zones. District-Wide Maintenance : is all assessable properties within the PBID boundary. All parcels in the PBID boundary will receive the same base level of maintenance services. Third Avenue Enhanced : is all assessable properties with frontage along Third Avenue between E Street and H Street. These properties will receive a higher frequency level of maintenance services than other parcels within the PBID boundary. The PBID boundary is illustrated by the map on the following page. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1115 Downtown Chula Vista PBID January 2016 Management District Plan Page 5 of20 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1116 Downtown Chula Vista PBID January 2016 Management District Plan Page 6 of20 Section 3: PBID Activity and Improvement Plan As determined by area property and business owners, the top priority for services and activities within the Downtown Chula Vista PBID area include: Environmental Enhancements (Public Safety, Maintenance, Homeless Outreach, Beautification) Economic Development and Marketing (Business recruitment and retention, Improve permitting processes, Market downtown to tenants, brokers and investors) Administration/Advocacy The goals for the PBID are to: 1) Provide a safe and clean environment within the District that will attract private investment and more business and residential activity, and improve assessed parcels. 2)Improve commerce within the PBID by filling vacancies and increasing lease and rental rates to encourage reinvestment within the district. Based upon these findings, the following service and activity categories will be funded by the PBID. The following narrative provides recommendations for the PBID District activities may be amended in subsequent years within the following general categories. Final activities and budgets will be subject to the review and approval of the PBID Owners Association prior to City Council approval. Environmental Enhancements Public Safety Options Include: Downtown Chula Vista Ambassador Program: Downtown will consider investing in an Ambassador Guide program to support the police department, property owners, and tenants in overall efforts to prevent crime and reduce street disorder, while offering a customer service orientation to pedestrians. Ambassadors can provide highly visible neighborhood security and are intended to supplement-not supplant individual building security and the Chula Vista Police Department. Integration with the Chula Vista Police Department: Ambassadors can work closely with the Chula Vista Police and integrate the downtown commercial area with that of the Police. Chula Vista Police Department officers can be active in the development and training of an ambassador program. Bicycle Patrol: A Bike Patrol can deter aggressive panhandling and other unsuitable street behavior. Their presence is a deterrent to theft and burglary from motor vehicles; however, the service does not completely prevent these crimes. They also deter and report illegal street vending, illegal dumping and street code violations. They observe and report a myriad of quality-of-life problems including: drinking in public, urinating in public, public drunkenness, trespassing, and shopping cart confiscation. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1117 Downtown Chula Vista PBID January 2016 Management District Plan Page 7 of20 Foot Patrol: A Foot Patrol can concentrate on the highest pedestrian use corridors such as Third Avenue. A Foot Patrol has the same mission and receives the same training as the Bike Patrol. Uniforms and equipment can be identical. Because of their easy accessibility to pedestrians, the Foot Patrol can act as ambassadors helping visitors find their dining, shopping and parking destinations. Maintenance Options Include: Downtown Chula Vista Clean Team: The Clean Team consistently deals with maintenance issues within the District. To effectively deal with the maintenance issues facing Downtown Chula Vista, a multi-dimensional approach has been developed consisting of the following elements: Sidewalk Maintenance: Uniformed, radio-equipped personnel sweep litter, debris, and refuse from sidewalks and gutters of the District, and clean all sidewalk hardscape such as trash receptacles, benches, and parking meters. Alley Maintenance: The Clean Team and Ambassadors can each have responsibility in this area. The Ambassadors address owner and tenant compliance with City code issues on cleanliness of sidewalks, alleys and illegal dumping. The Clean Team crew can sweep alleys, remove graffiti and clear the alleys of debris when a responsible party cannot be found for illegal dumping or other violations.The parking lots are maintained with a separate agreement with the City and not funded through the PBID. Graffiti Removal: The Clean Team can remove graffiti by painting, using solvent and pressure washing. The District will maintain a zero tolerance graffiti policy. All tags will aim to be removed within 48 hours of notification. Sidewalk Pressure Washing: The Third Avenue service area is to have all sidewalks pressure washed quarterly. The high use areas will be cleaned more frequently or on an as- needed basis.However, during drought years pressure washing may not be permitted. Landscape Maintenance: Public landscape areas, tree wells, and planters will be maintained and kept free of litter and weeds. The proposed service frequencies for Maintenance services for the Third Avenue corridor versus the remainder of the district are provided below: District-WideThird Avenue ActivityService AreaService Area Sidewalk SweepingWeeklyDaily Power Washing SidewalksNoneQuarterly (4 times per year) Graffiti removalAs NeededAs Needed Landscape & PlantingsNoneDaily IrrigationNoneAs Needed Alley Cleaning WeeklyWeekly ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1118 Downtown Chula Vista PBID January 2016 Management District Plan Page 8 of20 Homeless Outreach Reducing homelessness and containing disruptive behaviors from street populations is another top priority among downtown property and business owners, citing concerns with nuisance crimes, compounding maintenance issues, and creating an intimidating street atmosphere. Specific program and service components: To reduce homelessness in Downtown Chula Vista, a multi-faceted approach that combines resources from the business community, city and social service agencies is proposed. Elements of this initiative that could be supported by PBID assessments could include: Homeless Outreach Team : In partnership with a social service agency, a homeless outreach team could include professional social workers that meet daily with homeless , or offering assistance to stabilize their condition on the street. Ambassadors , described above, are expected to be trained in concert with social service providers to assist in connecting street populations to appropriate services. Beautification In addition to clean and safe services, the PBID budget may include funds for beautification and placemaking improvements that are defined as cosmetic enhancements that improve the appearance and walkability within the PBID, in turn encouraging customer traffic and improved quality of life for residents. Examples of beautification improvements might include: Design and installation of flowering planters and baskets Directional/wayfinding signage or themed Village signage Street furniture and amenities, such as benches, kiosks and lighting Design and installation of art and decorative elements Holiday décor or tree lighting Bicycle racks and other hardware Urban design and/or planning services to advance beautification efforts Other cosmetic enhancements Economic Enhancements Business development ranked highest among property and business owners as the single most important program that the PBID should provide. Moving forward with the PBID, economic development and marketing activities will shift from consumer marketing to investor marketing. nnual work programs that may include the following: Economic Development services to aide in efforts to attract a stronger mix of businesses and work with tenants/owners and city staff to expedite the city permitting process. Options may include: Design and production of investor marketing packages to assist real estate brokers, developers and property owners in business recruitment efforts. Maintenance of a district database with local market and real estate information. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1119 Downtown Chula Vista PBID January 2016 Management District Plan Page 9 of20 Market research and market-based planning to target private investment to strengthen the downtown marketplace. Trouble-shooting and permitting liaison services to assist property and business owners to invest and operate in the district. these services. Enhanced research and development of the downtown website. Coordinate efforts with the City of Chula Vista in developing an outreach program to property owners, real estate brokers and local/regional businesses to develop under- utilized downtown properties. Business retention efforts to encourage existing businesses to grow. Destination Marketing programs that aim to position downtown Chula Vista as a dining, retail and entertainment destination. Marketing programs must demonstrate collective benefits to business and property owners. Options may include: Advertising, including branding, coordinated campaigns and increased placement and frequency in mass media venues. Public relations efforts to promote a positive image and overall experience. Increased distribution and enhanced quality of publications, including the downtown map and directory and future activity guides. Improved special event production and promotions. Design, installation and maintenance of a new downtown directional signage system. Communications services to better inform business and property owners. Continued publication of a downtown district newsletter. PBID ratepayer surveys to measure overall satisfaction with programs. Media relations activities to project a creative and exciting business image in local, regional and national media. Advocacy, Administration and Reserve The PBID supports a professional staff that delivers programs and advocates on behalf of the Downtown district. The PBID allows downtown property owners to project a unified voice and elevate their influence in policies and issues that affect the central business district. Funds are allocated to office and support services such as bookkeeping, office rent, insurance, office equipment and professional development and training for the staff and Association. A 5.0% operating reserve is also budgeted as a contingency for any payment of delinquencies and/or unforeseen budget adjustments. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1120 Downtown Chula Vista PBID January 2016 Management District Plan Page 10of20 Section 4: PBID Assessment Budget 2017 PBIDAssessment Budget The following table outlines the PBID maximum assessment budget for 2017. EXPENDITURESBUDGET% of Budget Environmental Enhancements Clean, Safe, Homeless, Beautiful$90,000 19.78% Third Avenue Addt'l Maintenance$70,000 15.38% Total Environment$160,000 35.16% Economic Enhancements$170,000 37.36% Administration$100,000 21.98% PBID Reserve$25,000 5.49% Total Expenditures$455,000 100.00% REVENUES Assessment Revenues$449,652 98.82% General Benefit Revenues$5,348 1.18% Total Assessment District Revenues$455,000 100.00% Budget Adjustments Annual assessments may increase no more than 5% per year, consistent with the increase in consumer price index (CPI) and/or other increases in program costs. The determination of annual adjustments in assessment rates will be subject to the review and approval of the board of the Owners Association. 10-Year Maximum Budget The following table illustrates the PBIDmaximum annual budget for the 10-year life term, adjusting it by the maximum 5% inflation factor. EXPENDITURESYear 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 Environmental$160,000$168,000$176,400$185,220$194,481$204,205$214,415$225,136$236,393$248,213 Economic$170,000$178,500$187,425$196,796$206,636$216,968$227,816$239,207$251,167$263,726 Administration$100,000$105,000$110,250$115,763$121,551$127,628$134,010$140,710$147,746$155,133 PBID Reserve$25,000 $26,250 $27,563 $28,941 $30,388 $31,907 $33,502 $35,178 $36,936 $38,783 TOTAL Budget$455,000$477,750$501,638$526,719$553,055$580,708$609,744$640,231$672,242$705,854 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1121 Downtown Chula Vista PBID January 2016 Management District Plan Page 11of20 Section 5: Public Sector Participation Existing City Services The City Council, by adopting this plan, will confirm its intention to ensure an existing level of services in the district equivalent to the level that is being provided elsewhere in the City. Assessment funds will pay for services that are above and beyond those services provided by the City. Rationale for Public Property Assessments Proposition 218 states that no parcel is exempt from assessments if that parcel receives benefit from the improvements and activities. This includes government and Public use parcels. The City of Chula Vista and any other government owned parcels within the PBID boundary will pay their assessment based on the special benefits conferred to those parcels.All publicly owned parcels specially benefit from the PBID activities as they make each assessed parcel cleaner, safer, more attractive, and economically vibrant.Specifically, these parcels specially benefit from: removing graffiti from their buildings, patrolling their sidewalks, connecting the homeless to available resources, cleaning up any debris or trash, powerwashing the sidewalks, beautifying the public right-of-ways, and increased business development. Therefore, government uses are assessed for the special benefits they receive from the PBID activities.The assessment methodology to allocate the cost of these improvements is consistent with all other land uses in the district: parcel square footage plus linear street frontage. Please see Section 6: Assessment Methodology for further discussion. The publicly owned parcels within the PBID boundary andtheir respective assessments are indicated below. PARCEL APNOWNER NAMESite AddressASSMT 16/17 City Of Chula Vista 568-044-02-00205 Landis Ave$693.78 City Of Chula Vista999999 Landis Av 568-044-09-00$554.20 City Of Chula Vista999999 Landis Av 568-044-10-00$1,397.75 City Of Chula Vista999999 Landis Av 568-044-11-00$1,497.38 City Of Chula Vista 568-044-19-00224 3Rd Ave$1,204.34 City Of Chula Vista201 Third Av 568-071-01-00$1,495.71 City Of Chula Vista 568-071-18-00248 Church Ave$942.81 City Of Chula Vista 568-071-19-00*No Site Address*$838.51 City Of Chula Vista 568-071-21-00Church Ave$605.33 City Of Chula Vista 568-071-22-00230 Church Ave$639.18 City Of Chula Vista281 Landis Av 568-152-02-00$675.78 City Of Chula Vista281 Landis Av 568-152-03-00$655.79 City Of Chula Vista 568-152-29-00*No Site Address*$653.16 City Of Chula Vista 568-152-32-00Landis Ave$3,238.68 City Of Chula Vista365 F St 568-153-02-00$17,626.10 City Of Chula Vista 568-161-25-00*No Site Address*$1,539.86 City Of Chula Vista 568-162-08-00281 Church Ave$753.99 City Of Chula Vista 568-162-09-00287 Church Ave$642.76 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1122 Downtown Chula Vista PBID January 2016 Management District Plan Page 12of20 PARCEL APNOWNER NAMESite AddressASSMT 16/17 City Of Chula Vista340 F St 568-270-29-00$13,972.01 City Of Chula Vista 568-270-31-00$15,646.11 City Of Chula Vista352 Third Av 568-300-44-00$9,033.56 City Of Chula Vista270 F St 568-333-11-00$6,479.23 City Of Chula Vista 568-334-05-00288 Center St$948.78 City Of Chula Vista 568-334-06-00336 Church Ave$648.50 City Of Chula Vista 568-334-07-00338 Church Ave$687.92 City Of Chula Vista 568-334-08-00342 Church Ave$680.96 City Of Chula Vista 568-350-02-00*No Site Address*$878.46 City Of Chula Vista 568-350-03-00*No Site Address*$876.71 City Of Chula Vista 568-351-04-00Church Ave$906.78 City Of Chula Vista 568-351-05-00Church Ave$339.98 SUBTOTAL CITY:$86,754.09 County Of San Diego590 Third Av 573-100-38-00$14,917.24 County Of San Diego500 Third Av 573-100-39-00$47,734.21 SUBTOTAL COUNTY:$62,651.45 TOTAL PUBLIC AGENCY:$149,405.54 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1123 Downtown Chula Vista PBID January 2016 Management District Plan Page 13of20 Section 6: Assessment Methodology General This Management District Plan provides for the levy of assessments for the purpose of providing services and activities that specially benefit real property in the PBID. These assessments are not taxes for the general benefit of the City, but are assessments for the services and activities which confer special benefits upon the real property for which the services and activities are provided. Assessment Factors Downtown Chula Vista property owners and business owners have emphasized that the assessment formula for the Downtown Chula Vista PBID be fair, balanced, and have a direct relationship to special benefits received. The State enabling legislation also states, "Assessments levi lot square footage and linear street frontage. For a complete and detailed description of the included as Appendix A. Special Benefit Analysis All special benefits derived from the assessments outlined in this report are for property related activities directly benefiting each individual assessed parcel in the PBID. The special benefit must affect the individual assessable parcel in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.No parcels assessment shall be greater than the special benefits received. districts formed throughout this state have conferred special benefits upon properties and businesses within their districts, and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. The PBIDgoal is to fund activities and improvements that provide a cleaner, safer, and more attractive and economically vibrant environment as outlined in Section B. The goal of improving the economic vitality is achieved by improving the safety, cleanliness, marketing, and appearance of each specially benefitted parcel in an effort to increase commerce, to increase building occupancy and lease rates, and to attract more customers, employees, tenants and investors. Each parcel will specially benefit from: Cleaner and safer sidewalks, streets, alleyways, and common areas Real and perceived public safety improvements Greater pedestrian traffic ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1124 Downtown Chula Vista PBID January 2016 Management District Plan Page 14of20 Enhanced rental incomes Improved business climate New business and investment Well managed programs and services Specifically each parcel benefits from each of the PBID activities as defined below. Safety The enhanced safety activities make the area more attractive for businesses, customers, residents, and ultimately private investment. When business location decisions are made, perceived as a signal of a socio-institutional environment unfavorable for investment. Uncertainty affects the investment environment in general. But in particular, it increases the 1 Once economic investment occurs within the district, pedestrian traffic and commercial activity will increase. The special benefit to assessed parcels from these services is the likelihood of increased lease rates and tenant occupancy due to the increase of commercial activity, and an increase in customers that follow from having a safer environment. Maintenance and Beautification The maintenance and beautification activities benefit each assessed parcel within the PBID by providing a clean and aesthetically appealing environment. This is achieved through sidewalk sweeping and power washing, removing litter and graffiti,andtrash removal. In addition, the beautification activities benefit each assessed parcel by providing wayfinding signage, sidewalk benches, holiday décor, planters, etc. These activities create the environment needed to achieve the PBID goals. Economic Development The economic development activities will specially benefit each assessed parcel by encouraging business development and investment. This generates customer traffic which directly relates to increases in commercial activity including residential serving businesses, filling of vacant storefronts and offices, and ultimately increased lease rates for retail and office space. Special Benefit Conclusion Based on the special benefits each assessed parcel receives from the PBID activities, we concluded that each of the proposed activities provides special benefits to the real property within the district, reater than the special benefits received. The special benefit to parcels from the proposed PBID activities and improvements described in this report is equal to or exceeds the total amount of the proposed assessment. Each individual s assessment is no greater than the special benefit it receives from the PBID activities. 1 Services Executive Report, September 2012, pg. 2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1125 Downtown Chula Vista PBID January 2016 Management District Plan Page 15of20 General Benefit Analysis As required by the State Constitution Article XIIID Section 4(a), the general benefits of an assessment district must be quantified and separated out so that the cost of the activities that are attributed to general benefit are deducted from the cost assessed against each specially benefitted parcel. General benefits are benefits from the PBID activities and improvements that are not special ,and are not over and above the benefits that other parcels receive. This analysis will evaluate and determine thelevel of general benefits that (1) parcels outside of the PBID, and (2) the public at large,mayreceive. General Benefit to Parcels Outside of the PBID All the PBID activities and improvements are provided solely to each of the individual assessed parcels in the PBID boundary.Each of the PBID activities is provided to the public right-of- ways(streets,alleys,sidewalks) adjacent toall specially benefittedparcelsor tenants in the PBID.None of the surrounding parcels will directly receive any of the PBID activities. Any benefits these parcels may receive are incidental to providing special benefits to the assessed parcels, and thus any cost associated to the incidental benefits are not reduced from the cost of providing special benefit. General Benefit to the Public At Large In addition to general benefit analysis to the parcels outside of the PBID boundary, there may be general benefits to the public at large, meaning those people that are either in the PBID boundary and not specially benefitted from the activities, or people outside of the PBID boundary that may benefit from the PBID activities. In the case of the PBID, the public at large are those people that are within the PBID boundary that do not pay an assessment and do not specially benefit (employees, tenants, and customers) from the PBID activities. To help determine this, 6 business districts in nearby Los Angeles (Historic Downtown, Leimert Park, Arts District, Downtown Industrial, Fashion District, and Sherman Oaks) conducted intercept surveys. These surveys determined the percentage of people that are within the district that are not specially benefitted and did not engage in business activity. The six intercept surveys found that on average 1.4% of the respondents were within the district boundary and not specially benefitted. In the case of the Downtown Chula Vista PBID we use these survey results to then further quantify the relative benefit the specially benefitted public and the general public may receive from the PBID activities. The general public may appreciate the enhanced level of security and maintenance as well as the beautification activities as it passes through the District whether they are engaging in commerce or not. Thespecially benefitted public receives100% of the PBID activities and special benefit.he specially benefitted public, and based on the surveys discussed above,that percentage is 1.4%. However, to be conservative, we apply a relative benefit percentage of 5.0% to account for anypotential difference between Los AngelesPBIDs and the Downtown Chula VistaPBID. We then apply the relative benefit percentage for the general public to each of the PBID activities. The table below shows the budget for each of the PBID activities and their respective percentage of the total PBID budget. We then apply a relative benefit factor to each activity accounting for the potential benefit the general public may receive. The relative benefit factor is then multiplied by the PBID The following table illustrates this calculation. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1126 Downtown Chula Vista PBID January 2016 Management District Plan Page 16of20 ABCDE Budget % of General Benefit General Benefit General Benefit PBIDActivityAmountBudgetFactorPercent (B x C)Allocation (A x D) Environmental + Admin$220,60648.48%5.00%2.42%$5,348 This analysis indicates that $5,348 may be attributed to general benefit to the public at large, and will be raised from sources other than special assessments. Total General Benefits Using the sum of the two measures of general benefit described above, we find that $5,348 or 1.18% of the total PBID budget may be general in nature and will be funded from sources other than special assessments. Assessment Calculation As previously discussed, the PBID activities are segregated into two benefit zones; those parcels that front Third Avenue and those that do not.Each benefit zones land use characteristics and assessment factors are as follows: Assessment FactorsDistrict-WideThird Avenue Lot Square Feet3,369,642 Linear Street Frontage19,3256,737 Based on the parcel characteristics and the budget for each, the following are the calculated rates for each assessment factor and each benefit zone for fiscal year 2016/2017. Assessment FactorAssmt Rate Lot Square Foot -Economic$0.07124 Lot Square Foot District wide Maint$0.01797 Linear Foot District wide Maint$2.32300 Linear Foot Third Avenue$13.97987 Annual Assessment Adjustments Budget Adjustment Annual assessment rates may be adjusted for annual changes in the San Diego Consumer Price Index (CPI) for all urban consumers and/or other changes in programs costs, not to exceed 5%. Actual annual adjustments may range from 0% to 5%. Assessment rates will not exceed the levels illustrated by the Ten Year Operating Budget and Maximum Assessment exhibit. Property Use Considerations The methodology provides the following treatments for property used exclusively for residential, non-profit and government uses: Treatment of Residential Property: Proposition 218 states that no parcel is exempt from assessments if that parcel receives benefit from the improvements and activities, this includes residential use parcels. This is based on the premise that in this case residential ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1127 Downtown Chula Vista PBID January 2016 Management District Plan Page 17of20 parcels receive benefit from both the environmental and economic development activities. The economic development programs will aim to bring added services and amenities to the downtown that will benefit residential parcels. The environmental services will provide a cleaner and safer environment for all parcels in the PBID. Vacant Unimproved Land: For vacant unimproved land within the District, assessments will be calculated at 50% of the assessment for improved lots. This adjustment accounts for the lack of income production and utility provided by vacant unimproved lots. When unimproved lots are improved with parking and/or a structure and as evidenced by the issuance of a building permit, then the full assessment will be placed on the improved property as of the following tax year. Churches: For the purposes of the PBID, buildings with churches and accessory properties (i.e. parking) for churches will pay only a lot frontage assessment for Environmental Enhancement activities. Economic Enhancement activities will not benefit churches and these properties will not be assessed for lot square footage. Assessment Policy on Non-Governmental Tax-Exempt Properties : In addition to churches, properties that are exempt from property tax may not receive benefit from the Economic Enhancement activities specified in this Management District Plan and may not be fully assessed for these services. An owner of real property located within the boundaries that meets these criteria may reduce the amount of the lot square footage assessment to be levied if all of the following conditions are met: 1. The property owner is a non-profit corporation that has obtained federal tax exemption under Internal Revenue Code section 501c3 or California franchise tax- exemption under the Revenue and Taxation Code Section 23701d. 2. The class or category of real property is eligible for exemption, in whole or in part, from real property taxation. 3. The property owner makes the request in writing to the Third Avenue Village Association prior to the submission of the PBID assessment rolls to the County Assessor (on or before July 1 of each year), accompanied by documentation of the tax-exempt status of the property owner and the class or category of real property. If these conditions are met, the amount of the PBID assessment to be levied on lot square footage shall be reduced in the same proportion to the real property tax exemption granted to the property by the County of San Diego. Time and Manner for Collecting Assessments As provided by state law, the Downtown Chula Vista PBID assessment will appear as a separate line item on the annual San Diego County property tax bills, or by a special manual bill prepared by the District and either paid in one lump sum or in two equal installments. Laws for enforcement and collection of property taxes also apply to the PBID assessment. Disestablishment State law provides for the disestablishment of a PBID pursuant to an annual process. The 30- ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1128 Downtown Chula Vista PBID January 2016 Management District Plan Page 18of20 day period begins each year on the anniversary day that the City Council first establishes the District. Within this annual 30-day period, if the owners of real property who pay more than 50 percent of the assessments levied submit a written petition for disestablishment, the PBID may be dissolved by the City Council. The City Council must hold a public hearing on the proposed disestablishment before voting on whether or not to disestablish the district. Duration The PBID will have a ten year term commencing January 1, 2017 through December 31, 2026. Any major modifications or new or increased assessments during the term of the district that are not consistent with the provisions of original Management District Plan will require a new mail ballot process. During Year 5 of the district, or at any other time as determined by the iation, a formal review of the PBID will be conducted that considers changes in market dynamics, new development, and other influences on the district. The district, through a petition and ballot process, may then be renewed prior to the expiration of the ten year term. Bond Issuance No bonds will be issued to finance improvements. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1129 Downtown Chula Vista PBID January 2016 Management District Plan Page 19of20 Section 7: PBID Governance City Council Following the submission of petitions from property owners representing more than 50% of the assessments to be paid, the City Council, upon holding a public hearing on the proposed District, may elect to renew the PBID. The PBID is renewed by a City Council resolution, including the levy of an assessment on property, if the assessment is first approved by parcel owners in a balloting process. PBID Governance Consistent Business Improvement District Law of 1994" establishes a governance framework that allows property owners who pay assessments the ability to determine how the assessments are used. This Management District Plan may be subject to changes if required by the state of California or the City of Chula Vista. Downtown Chula Vista PBID: The affairs and corporate powers of the Downtown Chula Vista PBID shall be exercised by, or under the direction of the Third Avenue Village Association (TAVA) board of directors, acting as the PBID iation.The leadership for these elected representatives will continue to provide meaningful representation by assessment- paying property owners, as well as those other stakeholders who benefit from the services provided. The of the Downtown Chula Vista PBID should be between 11 to 15 members with commercial property owners comprising a majority of the TAVA board of directors. The remaining seats may be allocated to business owners and residents located within the PBID boundaries. In addition to the PBID, the TAVA board also oversees a business-based business improvement district (BID) that raises about $20,000 annually. The BID provides a foundation for special events that are programmed throughout the year by TAVA. To improve refined as follows: - The TAVA economic development committee will oversee PBID initiatives and will be comprised of a majority of property owner interests, including at least one property that also sits on the TAVA board of directors. - The TAVA promotions committee will oversee BID special events activities and will be comprised of a majority of business owners, including at least one business owner that also sits on the TAVA board of directors. Annual budgets for TAVA, including both PBID and BID, will remain the purview of the TAVA board of directors with input provided by its committees. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1130 Downtown Chula Vista PBID January 2016 Management District Plan Page 20of20 Section 8: Implementation Timeline The Downtown Chula Vista PBID will have aten year life from January 1, 2017 to December 31, 2026. In order for the PBID to meet the start-up date of January 1, 2017, the formation needs to adhere to the following schedule: Formation ScheduleDates Petitions distributedto property ownersFebruary Marketing campaign to obtain signed petitions: presentations, February-April neighborhood meetings, 50% weighted vote targeting City Council adopts Resolution of IntentionEarly May Assessment ballots mailed to property ownersMid May City Councilholds public hearing and tabulates ballotsLate June ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1131 Downtown Chula Vista Property-Based Business Improvement District (PBID) Chula Vista, California April 2016 Prepared by: Kristin Lowell Inc. Prepared pursuant to the State of California Property and Business Improvement District Law of 1994 And Article XIIID of the California Constitution to create a property based assessment district ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1132 TC ABLE OF ONTENTS ............................................................................... 1 SECTION A: Legislative and Judicial Review ............................................... 2 SECTION B: Improvements and Activities .................................................... 4 SECTION C: Benefitting Parcels .................................................................... 8 SECTION D: Proportional Benefits ..............................................................10 SECTION E: Special and General Benefits .................................................11 SECTION F: Cost Estimate ...........................................................................15 SECTION G: Apportionment Method ...........................................................16 SECTION H: Assessment Roll ......................................................................18 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1133 Downtown Chula Vista PBID April 2016 Page 1 of18 STATEMENT This Report is prepared pursuant to Article XIIID of the California State Constitution (Proposition 218) and the State of California Property and Business Improvement District Law of 1994 as amended. The Downtown Chula Vista Property-Based Business Improvement District (the PBID will provide funding for enhanced maintenance, safety, beautification, economic development and marketing activities, above and beyond those provided by the City of Chula Vista.Every individual assessed parcel within the PBID receives special benefit from the activities identified under Section B of this Report. Only those individual assessed parcels within the PBID receive the special benefit of the proposed activities;parcels contiguous to and outside the PBID and the public at large may receive a general benefit, as outlined in Section E.The cost to provide general benefits, if any, will be funded from sources other than special assessments. The duration of the proposed PBID is ten (10) years, commencing January 1, 2017 and continuing through December 31, 2026. An estimated budget for the PBID improvements and activities is set forth in Section D. The annual budget may increase no more than 5% per year consistent with the increase in consumer price index (CPI) and increases in program costs. The determination of annual budget adjustments and assessment rates will be subject to the review and approval of the board of directors for the Third Avenue Village Association (TAVA).Funding for the PBID improvements and activities shall be derived from a property-based assessment of each specially benefitted parcel in the PBID. A detailed description of the methodology for determining the proportional special benefit each individual assessable parcel receives from the activities and the assessment for each parcel is set forth in Section F. I hereby certify to the best of my professional knowledge that each of the identified assessable parcels located within the PBID will receive a special benefit over and above the benefits conferred to those parcels outside of the PBID boundary and to the public at large, and that the amount of the proposed special assessment is proportional to, and no greater than the special benefits received. Respectfully submitted, Terrance E. Lowell, P.E. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1134 Downtown Chula Vista PBID April 2016 Page 2 of18 SECTION A: LEGISLATIVE AND JUDICIAL REVIEW Property and Business Improvement District Law of 1994 The State Law is the legislation that authorizes the City to levy assessments upon real property for the purposes of providing improvements and activities that specially benefit each individual assessed parcel in the PBID. The purpose of the PBID is to encourage commerce, investment, andbusiness activities.In order to meet these goals PBIDs typically fund activities and improvements, such as enhanced safety and cleaning. Unlike other assessment districts which fund the construction of public capital improvements or maintenance thereof, PBIDs the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the busines and Highways Code Section 36601(b)). The improvements and activities funded through the PBID are over and above those already provided by the City within the PBID PBID activities or improvements is intended to increase building occupancy and lease rates, to encourage new business development, attract businesses that serve the community, and improve the quality of life. "Improvement" means the acquisition, construction, installation, or maintenance of any 1 "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. (b) Furnishing of music in any public place within the district. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing safety, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. 2 (f) Activities which benefit businesses and real property located in the district. Article XIIID of the State Constitution In 1996, California voters approved Proposition 218, codified in part as Article XIIID of the State Constitution. Among otherrequirements, Article XIIID changes the way local agencies enact local taxes and levy assessments on real property. It states, in relevant part, that: (a) An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits 1 California Streets and Highways Code, Section 36610. 2 California Streets and Highways Code, Section 36613. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1135 Downtown Chula Vista PBID April 2016 Page 3 of18 from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. (b) All assessments shall be supported by a detailed engineer's report prepared by a 3 registered professional engineer certified by the State of California. "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General 4 enhancement of property value does not constitute "special benefit." Judicial Guidance Since the enactment of Article XIIID, the courts have rendered opinions regarding various aspects of Article XIIID. The notable portions of cases that apply to assessment districts in general and this PBID in particular are noted below. PBID \[i.e. the PBID\]; (1) security, (2) streetscape maintenance (e.g., street sweeping, gutter cleaning, graffiti removal), and (3) marketing, promotion, and special events. They are all services over and above those already provided by the City within the boundaries of the PBID. And they are particular and distinct benefits to be provided only to the properties within the PBID, not to the public at largethey affect the assessed property in a way that is particular and distinct from \[their\] effect on other parcels and that real property in general and the public at large 5 do not share. and estimating the quantity of each in relation to the other is essential if an assessment is to be 6 limited to the spe by the service or improvement that will be enjoyed by the general public and deduct that percentage of the total cost of the service or improvement from the special assessment 7 minimal general benefits must be separated from special benefits and quantified so that the percentage of the cost of services and improvements representing general benefits, however slight, can be deducted from the amount of the cost assessed against 8 The contents of are prepared in compliance with the above noted authorizing legislation, the State Constitution and the judicial opinions. 3 Section 4, Article XIIID of the State Constitution. 4 Section 2 (i), Article XIIID of the State Constitution. 5 Dahms v. Downtown Pomona Property and Business Improvement District (2009) 174 Cal.App. 4th 708, 722. 6 Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516, 1532. 7 Golden Hill Neighborhood Association, Inc. v. City of San Diego (2011) 199 Cal.App. 4th 416, 438. 8 Golden Hill Neighborhood Association, Inc. v. City of San Diego (2011) 199 Cal.App. 4th 416, 439. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1136 Downtown Chula Vista PBID April 2016 Page 4 of18 SECTION B: IMPROVEMENTS AND ACTIVITIES TheDowntown Chula Vista PBID Steering Committee collectively determined the priority for improvements and activities to be delivered by the business improvement district. The primary needs as determined by the property owners are both Environmental and Economic Enhancements. The Environmental Enhancements include activities such as maintenance, public safety, homeless outreach andbeautification.Economic Enhancements include activities such as business recruitment and retention, Improve permitting processes, market downtown to tenants, brokers and investors.Specifically, the PBID shall provide the following activities. Environmental Enhancements Public Safety Options Include: Downtown Chula Vista Ambassador Program: Downtown will consider investing in an Ambassador Guide program to support the police department, property owners, and tenants in overall efforts to prevent crime and reduce street disorder, while offering a customer service orientation to pedestrians. Ambassadors can provide highly visible neighborhood security and are intended to supplement-not supplant individual building security and the Chula Vista Police Department. Integration with the Chula Vista Police Department: Ambassadors can work closely with the Chula Vista Police and integrate the downtown commercial area with that of the Police. Chula Vista Police Department officers can be active in the development and training of an ambassador program. Bicycle Patrol: A Bike Patrol can deter aggressive panhandling and other unsuitable street behavior. Their presence is a deterrent to theft and burglary from motor vehicles; however, the service does not completely prevent these crimes. They also deter and report illegal street vending, illegal dumping and street code violations. They observe and report a myriad of quality- of-life problems including: drinking in public, urinating in public, public drunkenness, trespassing, and shopping cart confiscation. Foot Patrol: A Foot Patrol can concentrate on the highest pedestrian use corridors such as Third Avenue. A Foot Patrol has the same mission and receives the same training as the Bike Patrol. Uniforms and equipment can be identical. Because of their easy accessibility to pedestrians, the Foot Patrol can act as ambassadors helping visitors find their dining, shopping and parking destinations. Maintenance Options Include: Downtown Chula Vista Clean Team: The Clean Team consistently deals with maintenance issues within the District. To effectively deal with the maintenance issues facing Downtown Chula Vista, a multi-dimensional approach has been developed consisting of the following elements: Sidewalk Maintenance: Uniformed, radio-equipped personnel sweep litter, debris, and refuse from sidewalks and gutters of the District, and clean all sidewalk hardscape such as trash receptacles, benches, and parking meters. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1137 Downtown Chula Vista PBID April 2016 Page 5 of18 Alley Maintenance: The Clean Team and Ambassadors can each have responsibility in this area. The Ambassadors address owner and tenant compliance with City code issues on cleanliness of sidewalks, alleys and illegal dumping. The Clean Team crew can sweep alleys, remove graffiti and clear the alleys of debris when a responsible party cannot be found for illegal dumping or other violations.The parking lots are maintained with a separate agreement with the City and not funded through the PBID. Graffiti Removal: The Clean Team can remove graffiti by painting, using solvent and pressure washing. The District will maintain a zero tolerance graffiti policy. All tags will aim to be removed within 48hours of notification. Sidewalk Pressure Washing: The Third Avenue service area is to have all sidewalks pressure washed quarterly. The high use areas will be cleaned more frequently or on an as-needed basis. However, during drought years pressure washing may not be permitted. Landscape and Irrigation Maintenance: Public landscape areas, tree wells, and planters will be maintained and kept free of litter and weeds. Maintain trees and plantings including watering, trimming, pruning, fertilizing and treating for disease. Median palm trees are excluded. The proposed service frequencies for Maintenance services for the Third Avenue corridor versus the remainder of the district are provided below: District-WideThird Avenue ActivityService AreaService Area Sidewalk SweepingWeeklyDaily Power Washing SidewalksNoneQuarterly (4 times per year) Graffiti removalAs NeededAs Needed Landscape & PlantingsNoneDaily IrrigationNoneAs Needed Alley Cleaning WeeklyWeekly ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1138 Downtown Chula Vista PBID April 2016 Page 6 of18 Homeless Outreach Reducing homelessness and containing disruptive behaviors from street populations is another top priority among downtown property and business owners, citing concerns with nuisance crimes, compounding maintenance issues, and creating an intimidating street atmosphere. Specific program and service components: To reduce homelessness in Downtown Chula Vista, a multi-faceted approach that combines resources from the business community, city and social service agencies is proposed. Elements of this initiative that could be supported by PBID assessments could include: Homeless Outreach Team : In partnership with a social service agency, a homeless outreach team could include professional social workers that meet daily with homeless , or offering assistance to stabilize their condition on the street. Ambassadors , described above, are expected to be trained in concert with social service providers to assist in connecting street populations to appropriate services. Beautification In addition to clean and safe services, the PBID budget may include funds to maintain existing and future beautification and placemaking improvements that are defined as cosmetic enhancements that improve the appearance and walkability within the PBID, in turn encouraging customer traffic and improved quality of life for residents. Examples of beautification improvements might include: Design and installation of flowering planters and baskets Directional/wayfinding signage or themed Village signage Street furniture and amenities, such as benches, kiosks and lighting Design and installation of art and decorative elements Holiday décor or tree lighting Bicycle racks and other hardware Urban design and/or planning services to advance beautification efforts Other cosmetic enhancements Economic Enhancements Business development ranked highest among property and business owners as the single most important program that the PBID should provide. Moving forward with the PBID, economic development and marketing activities will shift from consumer marketing to investor marketing. The nnual work programs that may include the following: Economic Development services to aide in efforts to attract a stronger mix of businesses and work with tenants/owners and city staff to expedite the city permitting process. Options may include: Design and production of investor marketing packages to assist real estate brokers, developers and property owners in business recruitment efforts. Maintenance of a district database with local market and real estate information. Market research and market-based planning to target private investment to strengthen the downtown marketplace. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1139 Downtown Chula Vista PBID April 2016 Page 7 of18 Trouble-shooting and permitting liaison services to assist property and business owners to invest and operate in the district. services. Enhanced research and development of the downtown website. Coordinate efforts with the City of Chula Vista in developing an outreach program to property owners, real estate brokers and local/regional businesses to develop under- utilized downtown properties. Business retention efforts to encourage existing businesses to grow. Destination Marketing programs that aim to position downtown Chula Vista as a dining, retail and entertainment destination. Marketing programs must demonstrate collective benefits to business and property owners. Options may include: Advertising, including branding, coordinated campaigns and increased placement and frequency in mass media venues. Public relations efforts to promote a positive image and overall experience. Increased distribution and enhanced quality of publications, including the downtown map and directory and future activity guides. Improved special event production and promotions. Design, installation and maintenance of a new downtown directional signage system. Communications services to better inform business and property owners. Continued publication of a downtown district newsletter. PBID ratepayer surveys to measure overall satisfaction with programs. Media relations activities to project a creative and exciting business image in local, regional and national media. Advocacy, Administration and Reserve The PBID supports a professional staff that delivers programs and advocates on behalf of the Downtown district. The PBID allows downtown property owners to project a unified voice and elevate their influence in policies and issues that affect the central business district. Funds are allocated to office and support services such as bookkeeping, office rent, insurance, office equipment and professional development and training for the staff and the PB. A 5.0% operating reserve is also budgeted as a contingency for any payment of delinquencies and/or unforeseen budget adjustments. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1140 Downtown Chula Vista PBID April 2016 Page 8 of18 SECTION C:BENEFITTING PARCELS PBID Boundary The proposed Downtown Chula Vista PBID will deliver its services to the commercial corridor mainly along Third Avenue. The current boundaries are from E Street to the north, I Street to the south, Church Avenue to the east and Landis Avenue to the west.It also extends west on F Street to Fourth Avenue, encompassing the City of Chula Vista central library and police station. Within the PBID boundary there are two different benefit zones for the maintenance programs and activities. It was determined that the Third Avenue corridor required more maintenance services than the rest of the properties in the PBID. Described below are the benefit zones. District-Wide Maintenance : is all assessable properties within the PBID boundary. All parcels in the PBID boundary will receive the same base level of maintenance services. Third Avenue Enhanced : is all assessable properties with frontage along Third Avenue between E Street and H Street. These properties will receive a higher frequency level of maintenance services than other parcels within the PBID boundary. The PBID boundary is illustrated by the map on the following page. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1141 Downtown Chula Vista PBID April 2016 Page 9 of18 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1142 Downtown Chula Vista PBID April 2016 Page 10of 18 Section D: PROPORTIONAL BENEFITS Methodology Article XIIID Section 4(a) of the State Constitution states that proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of the public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. Determining the proportionate special benefit among the parcels of real property within the proposed assessment district which benefit from the proposed improvements, services, and activities is the result of a four-step process: 1. Defining the proposed activities, 2. Determining which parcels specially benefit from the proposed activities, 3. Determining the amount of special benefit each parcel receives, 4. Determining the proportional special benefit a parcel receives in relation to the amount of special benefit all other parcels in the PBID receive. Each identified parcel within the PBID Due to the proportionate special benefits received by each parcel from the PBID services, each parcel will be assessed a rate which is commensurate with the amount of special benefits received. Special Benefit Factor square footage plus linear street frontage.and linear street frontage each benefit zone.Lot square footage is relevant to the best use of a property and will reflect the long term special benefit implications of the improvement district. Linear street frontage is relevant to the amount of benefit each assessed parcel receives from the PBID that are delivered at the street level. This reflects the fact that services on the street will have the greatest benefit to properties in relationship to their exposure on the streets. That is to say that the more linear frontage a parcel has, the more benefit it will receive from the services. Lot Square Footage Defined. Lot square footage is defined as the total amount of area within the borders of the parcel. The borders of a parcel are defined on the County Assessor parcel maps. Linear Street Frontage Defined. Linear street frontage is defined as the number of linear feet of each parcel that directly fronts on a street that will receive the PBID activities. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1143 Downtown Chula Vista PBID April 2016 Page 11of 18 SECTION E: SPECIAL and GENERAL BENEFITS State Law, Proposition 218, and judicial opinions require that assessments be levied according to the estimated special benefit each assessed parcel receives from the activities and improvements. Article XIIID Section 4(a) of the California Constitution in part states that special benefits are assessable, if any, from the special benefits provided by the proposed activities and improvements. As of January 1, 2015, the State Legislature amended the State Law to clarify and define both special benefit and general benefit as they relate to the improvements and activities these districts provide. Specifically, the amendment (Section 36615.5 of the Streets and Highways Code) -based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if In addition, the amendment (Section 36609.5 of the Streets and Highways Code) defines general perty-based district, any benefit of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special ben Special Benefit Analysis All special benefits derived from the assessments outlined in this report are for property related activities directly benefiting each individual assessed parcel in the PBID. The special benefit must affect the individual assessable parcel in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share. assessment shall be greater than the special benefits received. districts formed throughout this state have conferred special benefits upon properties and businesses within their districts, and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. The PBIDgoal is to fund activities and improvements that provide a cleaner, safer, and more attractive and economically vibrant environment as outlined in Section B. The goal of improving the economic vitality is achieved by improving the safety, cleanliness, marketing, and appearance of each specially benefitted parcel in an effort to increase commerce, to increase building occupancy and lease rates, and to attract more customers, employees, tenants and investors. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1144 Downtown Chula Vista PBID April 2016 Page 12of 18 Each parcel will specially benefit from: Cleaner and safer sidewalks, streets, alleyways, and common areas Real and perceived public safety improvements Greater pedestrian traffic Enhanced rental incomes Improved business climate New business and investment Well managed programs and services Specifically each parcel benefits from each of the PBID activities as defined below. Safety The enhanced safety activities make the area more attractive for businesses, customers, residents, and ultimately private investment. When business location decisions are made, levels of public safety lead to increased uncertainty in decision making and can be perceived as a signal of a socio-institutional environment unfavorable for investment. Uncertainty affects the investment environment in general. But in particular, it increases the fear of physical damage to investment assets (or to people) 9 Once economic investment occurs within the district, pedestrian traffic and commercial activity will increase. The special benefit to assessed parcels from these services is the likelihood of increased lease rates and tenant occupancy due to the increase of commercial activity, and an increase in customers that follow from having a safer environment. Maintenance and Beautification The maintenance and beautification activities benefit each assessed parcel within the PBID by providing a clean and aesthetically appealing environment. This is achieved through sidewalk sweeping and power washing, removing litter and graffiti,and trash removal. In addition, the beautification activities benefit each assessed parcel by providing wayfinding signage, sidewalk benches, holiday décor, planters, etc. These activities create the environment needed to achieve the PBID goals. Economic Development The economic development activities will specially benefit each assessed parcel by encouraging business development and investment. This generates customer traffic which directly relates to increases in commercial activity including residential serving businesses, filling of vacant storefronts and offices, and ultimately increased lease rates for retail and office space. Special Benefit Conclusion Based on the special benefits each assessed parcel receives from the PBID activities, we concluded that each of the proposed activities provides special benefits to the real property within the nd no greater than the special benefits received. The special benefit to parcels from the proposed PBID activities and improvements described in 9 Services Executive Report, September 2012, pg. 2 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1145 Downtown Chula Vista PBID April 2016 Page 13of 18 this report is equal to or exceeds the total amount of the proposed assessment. Each individual assessed PBID activities. General Benefit Analysis As required by the State Constitution Article XIIID Section 4(a), the general benefits of an assessment district must be quantified and separated out so that the cost of the activities that are attributed to general benefit are deducted from the cost assessed against each specially benefitted parcel. General benefits are benefits from the PBID activities and improvements that are not , and are not over and above the benefits that other parcels receive. This analysis will evaluate and determine the level of general benefits that (1) parcels outside of the PBID, and (2) the public at large, may receive. General Benefit to Parcels Outside of the PBID All the PBID activities and improvements are provided solely to each of the individual assessed parcels in the PBID boundary.Each of the PBID activities is provided to the public right-of-ways (streets, alleys, sidewalks) adjacent to all specially benefitted parcels or tenants in the PBID. None of the surrounding parcels will directly receive any of the PBID activities. Any benefits these parcels may receive are incidental to providing special benefits to the assessed parcels, and thus any cost associated to the incidental benefits are not reduced from the cost of providing special benefit. General Benefit to the Public At Large In addition to general benefit analysis to the parcels outside of the PBID boundary, there may be general benefits to the public at large, meaning those people that are either in the PBID boundary and not specially benefitted from the activities, or people outside of the PBID boundary that may benefit from the PBID activities. In the case of the PBID, the public at large are those people that are within the PBID boundary that do not pay an assessment and do not specially benefit (employees, tenants, and customers) from the PBID activities. To help determine this, 6 business districts in nearby Los Angeles (Historic Downtown, Leimert Park, Arts District, Downtown Industrial, Fashion District, and Sherman Oaks) conducted intercept surveys. These surveys determined the percentage of people that are within the district that are not specially benefitted and did not engage in business activity. The six intercept surveys found that on average 1.4% of the respondents were within the district boundary and not specially benefitted. In the case of the Downtown Chula Vista PBID we use these survey results to then further quantify the relative benefit the specially benefitted public and the general public may receive from the PBID activities. The general public may appreciate the enhanced level of security and maintenance as well as the beautification activities as it passes through the District whether they are engaging in commerce or not. The specially benefitted public receives 100% of the PBID activities and special benefit.elative benefit is less than the specially benefitted public, and based on the surveys discussed above, that percentage is 1.4%. However, to be conservative, we apply a relative benefit percentage of 5.0% to account for any potential difference between Los Angeles PBIDs and the Downtown Chula Vista PBID. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1146 Downtown Chula Vista PBID April 2016 Page 14of 18 We then apply the relative benefit percentage for the general public to each of the PBID activities. The table below shows the budget for each of the PBID activities and their respective percentage of the total PBID budget. We then apply a relative benefit factor to each activity accounting for the potential benefit the general public may receive. The relative benefit factor is then multiplied by the PBID rall benefit factor. The following table illustrates this calculation. ABCDE Budget % of General General Benefit General Benefit PBIDActivityAmount(1)Budget(2)Benefit FactorPercent (B x C)Allocation (A x D) Environmental $220,60648.48%5.00%2.42%$5,348 (1)$160,000 for Environmental expenses plus 48.48% of Administration plus Reserve expenses (2)$220,606 divided by the total $455,000 PBID budget equals 48.48% This analysis indicates that $5,348 may be attributed to general benefit to the public at large, and will be raised from sources other than special assessments. Total General Benefits Using the sum of the two measures of general benefit described above, we find that $5,348 or 1.18% of the total PBID budget may be general in nature and will be funded from sources other than special assessments. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1147 Downtown Chula Vista PBID April 2016 Page 15of 18 SECTION F: COST ESTIMATE 2017 Operating Budget The PBID operating budget takes into consideration: 1. The improvements and activities needed to provide special benefits to each individual parcel within the PBID boundary (Section B), 2. The parcels that specially benefit from said improvements and activities (Section C), and 3. The costs associated with the special and general benefits conferred (Section E). EXPENDITURESBUDGET% of Budget Environmental Enhancements$160,000 35.16% Economic Enhancements$170,000 37.37% Administration$100,000 21.98% PBID Reserve$25,000 5.49% Total Expenditures$455,000 100.00% REVENUES Assessment Revenues$449,652 98.82% General Benefit Revenues$5,348 1.18% Total Assessment District Revenues$455,000 100.00% Ten Year Operating Budget The projected 10-year operating budget for the Downtown Chula Vista PBID is based upon the following assumptions: Annual assessments may increase no more than 5% per year, consistent with the increase in consumer price index (CPI) and/or other increases in program costs. The determination of annual adjustments in assessment rates will be subject to the review and approval of the board of the Owners. Association. Revenues for specific activities within the general activity categories (i.e. Environmental Enhancements and Economic Enhancements) may be reallocated among specific activities from year to year based upon district needs and budgets developed by the Association. Revenues may not be moved between the Environmental and Economic Enhancement categories. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1148 Downtown Chula Vista PBID April 2016 Page 16of 18 SECTION G: APPORTIONMENT METHOD Calculation of Assessments As previously discussed, the PBID activities are segregated into two benefit zones; those parcels assessment factors are as follows: Assessment FactorsDistrict-WideThird Avenue Lot Square Feet3,369,642 Linear Street Frontage19,3256,737 Based on the parcel characteristics and the budget for each, the following are the calculated rates for each assessment factor and each benefit zone for fiscal year 2016/2017. Assessment FactorAssmt Rate Lot Square Foot -Economic$0.07124 Lot Square Foot District wide Maint$0.01797 Linear Foot District wide Maint$2.32300 Linear Foot Third Avenue$13.97987 Property Use Considerations The methodology provides the following treatments for property used exclusively for residential, non- profit and government uses: Treatment of Residential Property: Proposition 218 states that no parcel is exempt from assessments if that parcel receives benefit from the improvements and activities, this includes residential use parcels. This is based on the premise that in this case residential parcels receive benefit from both the environmental and economic development activities. The economic development programs will aim to bring added services and amenities to the downtown that will benefit residential parcels. The environmental services will provide a cleaner and safer environment for all parcels in the PBID. Vacant Unimproved Land: For vacant unimproved land within the District, assessments will be calculated at 50% of the assessment for improved lots. This adjustment accounts for the lack of income production and utility provided by vacant unimproved lots. When unimproved lots are improved with parking and/or a structure and as evidenced by the issuance of a building permit, then the full assessment will be placed on the improved property as of the following tax year. Churches: For the purposes of the PBID, buildings with churches and accessory properties (i.e. parking) for churches will pay only a lot frontage assessment for Environmental Enhancement activities. Economic Enhancement activities will not benefit churches and these properties will not be assessed for lot square footage. Assessment Policy on Non-Governmental Tax-Exempt Properties : In addition to churches, properties that are exempt from property tax may not receive benefit from the Economic Enhancement activities specified in this Management District Plan and may not ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1149 Downtown Chula Vista PBID April 2016 Page 17of 18 be fully assessed for these services. An owner of real property located within the boundaries that meets these criteria may reduce the amount of the lot square footage assessment to be levied if all of the following conditions are met: 1. The property owner is a non-profit corporation that has obtained federal tax exemption under Internal Revenue Code section 501c3 or California franchise tax- exemption under the Revenue and Taxation Code Section 23701d. 2. The class or category of real property is eligible for exemption, in whole or in part, from real property taxation. 3. The property owner makes the request in writing to the Third Avenue Village Association prior to the submission of the PBID assessment rolls to the County Assessor (on or before July 1 of each year), accompanied by documentation of the tax-exempt status of the property owner and the class or category of real property. If these conditions are met, the amount of the PBID assessment to be levied on lot square footage shall be reduced in the same proportion to the real property tax exemption granted to the property by the County of San Diego. Budget Adjustment Any annual budget surPBID budget. The budget will be set accordingly, within the constraints of the management plan, to adjust for surpluses or deficits that are carried forward. Future Development Based on new development in the PBID, the amount of assessable square footage in the PBID may change over time. These changes could modify the total square footage assessed for affected parcels. Therefore, in future years, the assessments levied against PBID parcels may change in accordance with the assessment methodology formula and rates in the Management Changes to the assessment formula would require the approval of an amendment to the Management Plan. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1150 Downtown Chula Vista PBID April 2016 Page 18of 18 SECTION H:ASSESSMENT ROLL The total special assessment amount for FY 2016-17 is $449,652 apportioned to each individual assessed parcel, as shown below. ((Final Assessment Roll to come later)) ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1151 THIRD AVENUE VILLAGE AGREEMENT AND ENCROACHMENT PERMIT FOR MAINTENANCE SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION ________________________________________________________________________________ This Agreement (“Agreement”) is entered into effective ______________, 2016(“Effective Date”) by and between the Third Avenue Village Association (“TAVA”), a private, non-profit corporation, and the City of Chula Vista (“City”), a California municipal chartered corporation. This Agreement shall also constitute an Encroachment Permit issued to TAVA by the City, as of the Effective Date, for all work to be performed by TAVA pursuant to this Agreement. This Agreement and Encroachment Permit are made and issued pursuant to the following facts: RECITALS WHEREAS, on June 17, 1980, the City established the Towne Centre #1 Street Lighting and Landscape Maintenance District (“L&LMD”),via Council Resolution 10139,to maintain the landscape and lighting beautification project along Third Avenue; and WHEREAS, on July 24, 2001, the City established the Downtown Chula Vista Property-Based Business Improvement District (“DTCV PBID”),via Council Resolution 2001-232,which took over the L&LMD responsibilities and expanded economic development activities; and WHEREAS, the DTCV PBID is administered by TAVA and, inter alia, provides for enhanced maintenance services by TAVA within the DTCV PBID boundaries; and WHEREAS,DTCV PBID services the Third Avenue commercial corridor that encompasses E Street to the north, Landis Avenue to the west, Church Avenue to the East, and I street to the South (“Third Avenue”); and WHEREAS, the area commonly known as Third Avenue Village (“Village”) which runs the length of Third Avenue, starting at the north end of the intersection at E Street and ending at the south end of the intersection at I Street is within the DTCV PBID boundaries; and WHEREAS,on September 17, 2002, the City appropriated funding to construct the Downtown Monument Sign (“Arch sign”),via Resolution 2002-378,and the Downtown Business Association (predecessor to TAVA) agreed to cover the future electrical power, monthly maintenance and routine repair costsfor the Arch sign; and WHEREAS, on July 18, 2006, the DTCV PBID was renewed for a period of 10 years pursuant to City Resolution 2006-222/Redevelopment Agency Resolution 2006-1949; and WHEREAS, TAVA is in the process of renewing the DTCV PBID for a new 10-year term ending December31, 2026; and WHEREAS, the proposed Management District Plan, including the Engineer’s Report, submitted by TAVA in conjunction with the renewal of the DCTV PBID (the “Renewal Plan”), identify certain Environmental Enhancements to be provided by the DCTV PBID, generally including: {Client Files/4957/1/K/S0405920.DOCX}Page 1of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1152 sidewalk sweeping, sidewalk pressure washing, graffiti removal, landscaping maintenance, irrigation, sidewalk maintenance, beautification, tree lighting, and other activities as set forth in the Plan; and WHEREAS, TAVA members and property ownersbenefit from the previously installedand planned future enhancements along Third Avenue (“Enhancements”) by improving the overall Third Avenue image and marketability, drawing potential customers into the Village; and WHEREAS, the Enhancements include, but are not limited to, the L&LMD, the Arch sign, enhancementsbeing made pursuant to theThird Avenue Streetscape Master Plan (“TASMP”), and the Environmental Enhancements contained in the Renewal Plan; and WHEREAS, the City and TAVA are entering into this Agreement based on the understanding that TAVA is supportive of the Enhancements,will performannual maintenance of, and services to, the Enhancements, and will provide funding for same by including them in the Renewal Plan, and the annual PBID reportsand budget documents prepared in accordance with California Streets and Highways CodeSections 36600, et seq.(“PBID Law”); and WHEREAS,the City and TAVA acknowledge that this Agreement is dependent upon renewal of the DCTV PBID, thatthe TAVA Responsibilities,as described in Article Iof this Agreement,are encompassed within the activities to be provided by the DCTV PBID pursuant to the RenewalPlan, and that the City willcontinue to providethe basic levels of service within the DTCV PBID boundaries as those provided citywide.. NOW,THEREFORE, for valuable consideration, the City and TAVA do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. TAVA’S OBLIGATIONS A. GENERALDESCRIPTION OF MAINTENANCE SERVICES. The Enhancements to be maintained under this agreement are typically located withintheDTCV PBID andTASMP boundaries. The “Maintenance Area” consists of Third Avenue, starting at north end of intersection at E Streetand ending at south end of intersection at H Street. A map of the Maintenance Area subject to this Agreement is attached as Exhibit A. TAVA agrees, at its expenseusing PBID funds, which TAVA will allocate in sufficient amounts to allow TAVA to perform its responsibilities under this agreement, to maintaintheEnhancements, as set forth more fully in Article I, Section B, at a level as determined by TAVAno less than the generally accepted preventative maintenance standards and frequency that promotes a safe, enjoyable, and vibrant environment or streetscape experience(“TAVA’s Maintenance Responsibilities”). TAVA further agrees that TAVA’s Maintenance Responsibilities are encompassed withinthe activities contemplated to be provided by the District in the Renewal Plan and will be contained in the PBID reports and budgets which TAVA will filewith the City Clerk annually, pursuant to the PBID Law. {Client Files/4957/1/K/S0405920.DOCX}Page 2of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1153 The City agrees, at its expense, to maintain facilities as set forth more fully in Article II, Section C, at a basic level of service provided citywide. It is understood that the maintenance, repair, and/or replacement of the Enhancementsthat are not the obligation of TAVA under this Agreement, are, unless otherwise agreed upon, the responsibility of the City. However, the City is not required or obligated in any manner, including this Agreement, to perform maintenance, repair, or replacement of the Enhancements. For items listed as “Street Appurtenances” in Article I, Section B1) below, elements damaged beyond repairby unknown third parties, as determined by the City, will be removedby the Cityand not replaced. TAVA can elect to fund replacement of the “Street Appurtenances” items at their discretion. For purposes of definition, the term “maintenance” or “maintain” shall mean typical routine maintenance activities, including but not limited to, cleaning, painting, trimming, pruning, watering, repairingand the replacement of system componentsof items identified in Article I, Section B of this Agreement. “Replacement of system components”applies to the Irrigation and Lighting Systems. Water utility costs from existing and future meters servicing the landscaping along Third Avenue between E and H Street,as shown on Exhibit B, shall be a TAVA responsibility. Electricity cost from existing and future meters servicing the electrical needs along Third Avenue between E and H Street, as shown on Exhibit B, will be proportioned between the City and TAVA. Meters that serve only the auxiliary power pedestals will be the responsibility of the City. A separate agreement will be required to provide payment and allow use of the auxiliary power pedestals. The remaining meters serve the low voltage transformer for tree (twinkle type) lights, tree accent (up type) lights, irrigation systems, special signage and pedestrian lights. These meters will be in the City’sname and bills will be divided between the City and TAVA. The City will calculate the energy usage of the pedestrian lighting only, which will be the Cityshare of the monthly bill, and invoice TAVA for the remaining amount since all other electrical components on the meterare TAVA responsibilities. The calculation for the pedestrian lighting will be: xx/=x number of lights wattage of lights number of hours on) 1000kilowatt hoursKilowatthours = the rate cost of pedestrian light energy usage AnyCity propertyand/or Enhancementthat is damaged by TAVA staff or their contractors during the course of fulfilling TAVA’smaintenance responsibilitiesshall be repaired or replacedby TAVA. Repair and replacement proposals will be subject to approval of the City to ensure public safety. The City and TAVA both acknowledge that future Enhancements may be implemented in phases. Accordingly, TAVA will be required to maintain, as set forth herein, the future Enhancements after any applicable plant establishment/warranteeperiod has expired and they are accepted by the City. The City shall provide 30 days written notice to TAVA of the start date that TAVA is to begin its maintenance of any future Enhancements. TAVA agrees to begin its maintenance activity by the start date stated in the City’s notice. This Agreement does not otherwise relieve TAVA of its required enhanced maintenance services pursuant to the DTCV PBID. {Client Files/4957/1/K/S0405920.DOCX}Page 3of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1154 MAINTENANCE RESPONSIBILITIES OF TAVA. B.TAVAshall be responsible to performthe followingand,will annually allocate and budget appropriatePBID fundsto do so: 1.Street Appurtenances: Street appurtenances will be maintained based upon manufacturers’ recommendations or general accepted practices. Examples of street appurtenancesare: benches; bus shelters; trash, recyclingand smoking receptacles(excluding “Big Belly” types); bicycle racks; kiosks; directional/wayfinding, signage; Third Avenue Village themed signage and banners; interpretive signs; decorative art elements;outdoor decorative clock(at rd 3Ave. & F St.)holiday decorations. Signage shall be kept clean and internally lit signs shall be maintained in working condition. 2.Landscape Maintenance: All public landscaped areas, medians, planters and tree wells will be maintained including trash and debris removal, trimming, dead heading, root pruning, watering, fertilizing and treating for disease to promote healthy growth and enhanced visual appearances. Replacement of all plantings, except street and palm trees, that die or are damaged by unknown third parties will be funded for and at the discretion of TAVA. Street trees (consisting of existing and newly planted trees within the maintenance area) will be maintained usinggeneral standard horticultural practices proper for each particular tree. Trees branchingshall be kept lifted to a minimum height of eight (8) feet for safe pedestrian movement around the trees, and shrubs will be trimmed, irrigated and fertilized per general standard practices to insure a healthy appearance and to prevent interference with walkways and pedestrians. The median palm trees are excluded and will be maintained by the City. Street tree grates will be maintained per manufacturer guidelinesand frequency to ensure that the street tree grates are properly maintained for condition and appearance and to prevent interference with walkways and pedestrians. 3.Irrigation Systems: Operate, repair and replace, as needed, all irrigation system components including water and electrical utility costs. The system shall be maintained per manufacturer’s guidelinesandspray heads adjusted to minimize overspray into adjacent public rights of way. Damaged irrigation controllers, communication cards and antennas, enclosures, pumps, valves, backflows, irrigation lateral and main line and sprinkler heads will be repaired or replaced, including all wiring and other irrigation related electrical equipment, as soon as practical to avoid plant loss. TAVA shall maintain annual online Rainmaster IC service contracts for central control capability. Irrigation main line failures under streets or sidewalks are excluded and will be repaired by the City. 4.Lighting Systems: Operate, repair and replace, as needed, all decorative accent lighting systems and componentand,associated calculated electrical energy costas described above. Accent lighting includes, but is not limited to, tree up-lighting, tree twinkle lights, themed signage lighting. Accent lighting fixtures shall be maintained per manufacturer’s guidelines and kept in working order. Adjustments to lighting shall be performed as needed. Burnt out bulbs shall be replaced as soon as practical.Since portions on the electrical system are shared with the pedestrian lighting system(City), only the system components immediately accessible (for example, the bulb/light housing, the electrical outlet for tree lights, the 6-12 inches of conduit riser below ground) are to be maintained by TAVA. The remainder of the electrical system will be maintained by the City. 5.Pedestrian Areas: Clean and perform minor repairs to all pedestrian areas (concrete and brick pavers), as needed, including the removal of unsightly materials from the sidewalks, sweeping, and power washing. Brick pavers will be cleaned per manufacturer’s guidelines {Client Files/4957/1/K/S0405920.DOCX}Page 4of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1155 and frequency and retreated or resealed per manufacturer’s recommendation to protect the paver surface. Pedestrian crosswalks are excluded and will be maintained by the City. 6.Electricity and water. TAVA shall be responsible for the costs of and be required toprovide water and electricity to perform the maintenance services of this Agreement, including watering of vegetation. TAVA agrees to have the bill for water placed in its name and shall take all necessary actions to do so upon request by the City. Electrical power meters will be in the City’s name and the City will invoice TAVAthe calculated power usage, as described abovein Article I, Section A. 7.Graffiti. Graffiti (within 12 feet of the ground, excluding murals on private property) will be removed from all features within the PBID Boundary within 72 hours of being reported. . Graffiti above 12 feet will be the responsibility of the property owner, Public or Private. 8.General Maintenance:Perform general miscellaneous maintenance services in the PBID Boundary area (including alleys) on a daily basis. General maintenance can include routine cleaning, trash and debris removal(excluding hazardous waste), and minor repairs to ensure a clean and aesthetically pleasing environment throughout the Village. These activities will be at the discretion of TAVA and asdefined and in further detail in thePBID Renewal Management Plan 9.Permits. This Agreement will serve as the Encroachment Permit for TAVA to perform the activities described herein. For activities requiring traffic control on the city streets, a traffic control plan shallbe submitted to the Traffic Engineering Section for review and approvalat no cost to TAVA. Any other non-city permits that may be needed to perform the work described herein will be obtained by TAVA. Special Event permits will still be required. 10.Reporting of Hazardous Conditions. Any condition or hazardous situation to the general welfare of the public within the public right of wayobserved by TAVA personnel or contractors in the normal conduct of their duties under this Agreementshall be remedied, reported to the City when not within the scope of this agreementor blocked off within48 hours of discovering or reporting of the condition. An example of a hazardous condition would be where a tree grate has been displaced from its safe and proper setting, in such a way that a pedestrian may trip. Another example would be broken irrigation systems that would flood water if the system were activatedFailure of TAVA staff or contractors to observe or appreciate hazardous conditions or situations shall not give rise to any liability by TAVA for a failure to report such conditions that are outside the scope of this Agreement to the City. STANDARD OF CARE. C.TAVA expressly warrants that the work to be performed pursuantto this Agreement shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptualapproval only and does not relieve the TAVA of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the TAVA or its subcontractors. COMPLIANCE WITH LAWS OR REGULATIONS. D.TAVA agrees it shall comply withall local, state, and federal laws or regulations in the performance of this Agreement. Should {Client Files/4957/1/K/S0405920.DOCX}Page 5of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1156 a federal or state law pre-empt a local law, or regulation, TAVA shallcomply with the federal or state law and implementing regulations. No provision of this Agreement requires TAVA to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the TAVA to violate any law or regulation, then TAVA agrees to notify City immediately in writing. Should this occur, the City and TAVA agree that they will make appropriate arrangements to proceed withor, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. TAVA agrees to take appropriate measures necessary to ensure that participants utilized by TAVA to complete its obligations under this Agreement, such as subcontractors, comply with applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of TAVA under this Agreement, TAVA shall ensure that the subcontractor carries out the TAVA’s responsibilities as set forth in this Agreement. The use of participants by TAVA to fulfill the terms of the Agreementdoes not in any form relieve TAVA of its obligations under this Agreement. TAVA INSURANCE REQUIREMENTS. E.TAVA agrees that it shall acquire and maintaininsurance as set forth in Exhibit C by the effective date of this Agreement or as otherwise required by the City. The City may, by written notice, change the insurance requirements in its sole and reasonable discretion and TAVA agrees to acquire and maintain such insurance as requested by the City. TAVA FUNDING. F.The TAVA is entering into this Agreement based on an understanding that the City will continue to contribute fiscally to the annual special assessment obligations derived from the Property Based Improvement District (PBID) established on July 2001and renewed in July 2006. Should the City cease to contribute fiscally (at the level of contributionas of the date of this Agreement or any subsequent increases approved by the Board of Directors) or the PBID be dissolved by the majority of the property owners, as prescribed under the Property and Business Improvement District Law of 1994, TAVA shall have the right to terminate this Agreement. Annually, TAVA shall review the maintenance operations of Third Avenue to determine efficiencies, effectiveness, contracts and other aspects of the maintenance to allocate the appropriate PBID funding for such services to be rendered under this Agreement. ARTICLE II. CITYOBLIGATIONS THIRD AVENUE STREETSCAPE MASTER PLAN (TASMP). A. The TASMPwill be constructed in phases.Accordingly, should the City elect not to complete the TASMP,then TAVA shall solely be requiredto perform the maintenance services under the terms and conditions of the Agreement for Enhancementsthat have been completed by the City. COOPERATION-MAINTENANCE SERVICES. B.The City will be responsible to operate, maintain and repair the following featuresto a basic level of service provided citywide: {Client Files/4957/1/K/S0405920.DOCX}Page 6of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1157 1.Streets (including on street parking areas) from the face of curb to the face of curb (or theoretical face of curb in the plaza area). 2.Pavement markingsand striping 3.Bollards 4.Regular street signs 5.Traffic Signals 6.Street and Pedestrian Lighting including the calculated electrical power 7.Palm Trees in the median 8.Storm water devicesincluding but not limited to “filterras”(excluding landscape type features) 9.Auxiliary electrical power system(use of the system will be a separate cost and require a separate agreement/permit) 10.The City will maintain a street sweeping contract, to the extent funding is available, for weekly service for Third Avenue and associated streets within the Village, which includes the Maintenance Area,set forth in Exhibit A. 11.The City shall report any repairs or new construction to TAVA staff prior to proceedingto coordinate information, schedule and notification to business within the Village. 12.Replacement of dead/dying street trees. ARTICLE III. INDEMNIFICATION MUTUAL INDEMNIFICATION. A.The parties agree to mutual indemnification as set forth in this Article. 1.TAVA shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of TAVA, its officials, officers, employees, agents, consultants, and contractors, arising out of or in connection with the performance of TAVA’s maintenance responsibilities in the “Maintenance Area,” or this Agreement,but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees or claims for injury or damages are caused by or the result from the negligent or intentional acts or omissions of TAVA, its officials, officers, employees, agents, consultants, and/or contractors. The aforementioned proportional liability shall be determined by agreement of the parties,by arbitration (if arbitration has been agreed upon by the parties), or by a court of competent jurisdiction. 2.The City shall defend, indemnify, protect and hold harmless TAVA, its officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of theCity, its officials, officers, employees, agents, consultants, and contractors, arising out of or in connection with the performance of the City’s maintenance responsibilities in the “Maintenance Area,”or this Agreement,but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees or claims for injury or damages are caused by or the result from the negligent or intentional acts or omissions of the City, its officials, officers, employees, agents, consultants, and/or {Client Files/4957/1/K/S0405920.DOCX}Page 7of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1158 contractors. The aforementioned proportional liability shall be determined by agreement of the parties, by arbitration (if arbitration has been agreed upon by the parties), or by a court of competent jurisdiction. COST OF DEFENSE AND AWARD. B.Upon receipt of an action or claim against the City orTAVA or both arising under either Party’s acts or omissions as a result of this Agreement, TAVA and/or the City shall tender the action or claim to TAVA’s insurance carrier for the defense against such claim. Shouldthe tender for defense be denied by the insurance carrier, each party shall then bear their own defense costs (including reasonable attorney’s fees), subject to reimbursement based in proportion to and to the extent of the parties respective liability, as provided for in sections A.1 and A.2 of this Article, at the conclusion of the matter. If the City or TAVA bear their own defense costs as set forth above, neither the City nor TAVA waive any rights or remedies they may have against the insurance carrier to require them to pay all defense costs, including attorney’s fees. The Parties shall also pay and satisfy any judgment, award or decree that may be rendered against them or their directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1 and A.2. The aforementioned proportional liability shall be determined by agreement of the parties, by arbitration (if arbitration has been agreed upon by the parties), or by a court of competent jurisdiction. ADDITIONAL TERMS. C.The parties also agree to the following: 1.Insurance Proceeds. Each Party’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by them, their directors, officials, officers, employees, agents, and/or volunteers. 2.Declarations. Each Party’s obligations under this Article shall not be limited by any prior or subsequent declaration by them. 3.Enforcement Costs. Each Party agrees to pay any and all costs incurred by the other party enforcing the indemnity and defense provisions set forth in this Article if the other party is successful in enforcing such indemnity and defense provisions. 4. Survival. Each Party’s obligations under this Article shall survive the termination of this Agreement. ARTICLE IV. TERMINATION OF AGREEMENT TERMINATION FOR CAUSE. A.If, through any cause, TAVA shall fail to fulfill in a timelyand proper manner TAVA’sobligations under this Agreement, or if TAVA shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to TAVA of such termination, which includes the specific alleged cause or causes, and specifying the effective date thereof at least thirty (30) days before the effective date of such termination(“Termination Notice”). TAVA shall have the ability to cure such cause orcauses or, if a cure is not possible within thirty(30) days, to begin such cure and diligently prosecute such cure to completion which in any event shall not exceed ninety (90) days after the receipt of such Termination Notice. TAVA hereby expressly waives any and all claims for damages or compensation as a result of termination of this Agreement. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY B.. City may terminate this Agreement at any time and for any reason, by giving specific written notice to TAVA of such termination and specifying the effective date thereof, at least sixty (60) days before the {Client Files/4957/1/K/S0405920.DOCX}Page 8of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1159 effective date of such termination. TAVAhereby expressly waives any and all claims for damages or compensation as a result of termination ofthis Agreement. ARTICLE V. MISCELLANEOUS PROVISIONS AGREEMENT REVIEW A.. Both parties agree to meet and confer from time to time to identifychanges in site conditions, problems with the maintenance services and/or the need to modify the Agreement to address same. Minor changes to the Agreement may be made at any time in writing upon mutual agreement of all parties. In addition, each of the parties may call for a meeting to discuss concerns, support, and ideas on how to make the maintenance services more successful and efficient in subsequent years COMMUNICATIONSAND COORDINATION REPRESENTATIVES. B.Toprovide for consistentand effective communication, both parties will appoint a principal and secondary representative to serve as its central point of contact on matters relating to this Agreement and/or the level of maintenance services in question. The principal representatives for this Agreement are listed below as follows: For TAVA: Executive Director (619) 422-1982 TAVA Board President 353 Third Avenue Chula Vista, CA 91910 For the City: William Valle, Assistant Director of Engineering (619) 409-5976 276 Fourth Avenue Chula Vista, CA 91910 TERM. C.The term of the Agreement shall commence on the Effective Date and shall expireon December 312026, unless otherwise terminated at an earlier date. Notwithstandingthe foregoing, the parties may elect to extend the Agreementby mutual written agreementfor an additional periodcoinciding with a PBID extension of the parties. EFFECTIVE DATE. D.Theterms and conditions of this Agreement shall be effective as of the date this Agreement is signed by all parties on the Signature Page. ASSIGNABILITY. E.The services of TAVA are personal to the City, and TAVA shall not assignany interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1.Limited Consent. Cityhereby provides limited consent that TAVA may assign the performance of the aforementioned “Maintenance Services” to sub-contractors, subject to City approval. {Client Files/4957/1/K/S0405920.DOCX}Page 9of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1160 INDEPENDENT CONTRACTOR. F.City is interested only in the results obtained and TAVAshall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept TAVA's Maintenance Services, including their quality. TAVA and any of the TAVA's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and TAVA shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1.Actions on Behalf of City. Except as City may specify in writing, TAVA shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. TAVA shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2.No Obligations to Third Parties. In connection with the Project, TAVA agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, sub agreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES. G.No suit or arbitrationshall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, TAVA shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. NOTICES. I.Notices, demands or requests provided for or permitted to be given pursuant to thisAgreement must be in writing. Notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail,addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. INTEGRATION. J.This Agreement, together with any other written document referred to or contemplatedin it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, {Client Files/4957/1/K/S0405920.DOCX}Page 10of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1161 modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. CAPACITY OF PARTIES. K.Each signatory and party to this Agreement warrants and representsto the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. GOVERNING LAW/VENUE. L.This Agreement shall be governed by and construed in accordancewith the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. \[NEXT PAGE IS SIGNATURE PAGE\] {Client Files/4957/1/K/S0405920.DOCX}Page 11of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1162 SIGNATURE PAGE TO THIRD AVENUE VILLAGE AGREEMENT AND ENCROACHMENTPERMIT FOR MAINTENANCE SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION IN WITNESS WHEREOF, City and TAVA have executed this Agreement indicating that they have read and understood same, and indicate their full and complete consent to its terms: For Third Avenue Village Association (TAVA: ______________________________Date: __________________ KATHY SPARKS , Board President,Third Avenue Village Association _______________________________Date: __________________ IAN TROTTER , Secretary, Third Avenue Village Association For the City of Chula Vista: ______________________________Date: __________________ MARY CASILLAS SALAS, Mayor, City of Chula Vista Approved as to form: _________________________________ GLEN R. GOOGINS, CityAttorney, City ofChula Vista J:\\Engineer\\OSD (Open Space Districts)\\TAVA\\RDA-TAVA MAINT AGREE WSVApril 25 2016 fxr rev.doc {Client Files/4957/1/K/S0405920.DOCX}Page 12of 12 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1163 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1164 EXHIBIT C INSURANCE A.. TAVA agrees to abide by the following insurance requirements: 1. General. TAVA must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the TAVA, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). a.Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). WC b. E&O. Professional Liability or Errors & Omissions Liability c. liability. 3. Minimum Limits of Insurance. TAVA must maintain limits no less than those included in the table below: i. General Liability: $1,000,000per occurrence for bodily injury, personal (Including injury, (including death), and property damage. If operations, Commercial General Liability insurance with a general products and aggregate limit is used, either the general aggregate limit completed must apply separately to this Project/location or the operations, as general aggregate limit must be twice the required applicable)occurrence limit. ii. Automobile $1,000,000per accident for bodily injury, including death, Liability:and property damage. Statutory Compensation $1,000,000each accident $1,000,000 disease-policy limit Liability:$1,000,000 disease-each employee ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1168 iv. Professional $1,000,000each occurrence Liability or Errors & Omissions Liability: If TAVA maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by TAVA. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or TAVA will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and endorsed to contain, the following provisions: a.Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of TAVA, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of TAVA, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b.Primary Insurance. ust be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of TAVA and in no way relieves TAVA from its responsibility to provide insurance. c.Cancellation. The insurance policies required by this Agreement shall not the City by certif ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1169 shall be deleted from all certificates. d.Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. e.Waiver of Subrogation Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms.If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Retro Date the Agreement or the beginning of the work required by the Agreement. b.Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c.Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made po minimum of five years after completion of the work required by the Agreement. d.Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Exception may be made for the State Compensation Fund when not specifically rated. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1170 8. Verification of Coverage. TAVA shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9.Subcontractors. TAVA must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor All coverage for subcontractors is subject to all of the requirements included in these specifications. 10.Not a Limitation of Other Obligations. Insurance provisions under this Article including Indemnity. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1171 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE MANAGEMENT DISTRICT PLAN AND FINAL ENGINEER’S REPORT, RENEWING THE DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT FOR A PERIOD OF TEN YEARS AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT,AND APPROVING THE “THIRD AVENUE VILLAGE AGREEMENT AND ENCROACHMENT PERMIT FOR MAINTENANCE SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION” WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highway Code Sections36600,et seq.)(the "PBID Law") authorizes the City of Vista to form one or more business improvement districts ( a "BID") within Chula Vista, Chula and to renew such districts; and WHEREAS, the City Council of the City of Chula Vista wishes to continue to promote the economic revitalization and physical maintenance of the business districts within Chula Vista; and WHEREAS, the renewal of the Downtown Chula Vista PBID (the “PBID”), which generally encompasses the area along Third Avenue, from E Street to I Street, and is more particularly described in the District Management Plan, dated January 2016, and the accompanying Engineer’s Reportdated April 2016(the “Management Plan”), which is on file in the office of the City Clerk and incorporated by this reference, within Chula Vista will further the City Council's goals of creating jobs, assisting new businesses and supporting the existing business district within the City; and WHEREAS, the services to be provided bythe PBID and described in the Management Plan will include economic development and marketing for business retention and attraction; district wide maintenance; Third Avenue enhanced maintenance;sponsoring of annual special events; and WHEREAS, a petition signed by property owners in the proposed PBID who will pay more than fifty percent (50%) of the assessment proposed to be levied has been submitted to support the renewal of the PBID; and WHEREAS, the estimated cost for the first year of operation of the PBID is Four Hundred Fifty Five Thousand Dollars ($455,000) which cost may be increased in future years a ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1172 maximum of five percent (5%) annually, and which estimated cost constitutes the total amount of all special benefits to be conferred on the properties within the PBID district; and WHEREAS, on April 26, 2016, the City Council adopted a Resolution of Intention (Resolution No. 2016-062) to renew the PBID; and WHEREAS, a noticed public hearing was held by the City Council to receive public input on the PBID renewal on June 14, 2016, at 5:00 P.M. at City Council Chambers located at 276 Fourth avenue, Chula Vista; and WHEREAS, the City Council authorized the results of theballots submitted by property owners located within the boundaries of the PBID, to be opened and counted by the City Clerk’s Office; and WHEREAS, ballots were counted and weighted according to the proportional financial obligation of the affected properties, and it was determined that the percentage of ballots submitted in opposition to the assessment was: ; and the percentage of ballots submitted in favor of the assessment was:, therefore, a majority protest did not exist; and; and WHEREAS, the properties within the PBID district shall be subject to the PBID Law, and any amendments to it; and WHEREAS, the improvements, maintenance, and activities to be conferred on the properties within the PBID district will be funded by the levy of the assessment;and WHEREAS, the Third Avenue Village Association (“TAVA”) intends to perform certain services contemplated in the ManagementPlan, including district-wide maintenance and Third Avenue enhanced maintenance, pursuant to an agreement with the City; and WHEREAS, City staff has been working with TAVA to prepare the “Third Avenue Village Agreement and Encroachment Permit for the Maintenance Services between the City of Chula Vista and the Third Avenue Village Association”(the “Agreement”) which clarifies the maintenance responsibilities and serves as the encroachment permit required for TAVA to conduct the services and activities contemplated in the Agreementand Management Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vistadoes hereby find that the properties within the PBID district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and that the properties will receive special benefitsand accepts the Management Plan. BE IT FURTHER RESOLVED that the City Council hereby renews the Downtown Chula Vista Property-Based Improvement District and authorizesthe levy and collection of assessments within the PBID in accordance with the Management Plan, for a period of ten years, effective January 1, 2017. ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1173 BE IT FURTHER RESOLVED that the City Council hereby approve the “Third Avenue Village Agreement and Encroachment Permit for the Maintenance Services between the City of Chula Vista and the Third Avenue Village Association” allowing TAVA to conduct the services and activities contemplated in the Agreement and Management Plan. Presented byApproved as to form by Eric CrockettGlen R. Googins Economic Development DirectorCity Attorney ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1174 City of Chula Vista Staff Report File#:16-0307, Item#: 15 CONSIDERATIONOFRATIFICATIONOFREAPPOINTMENTSTOTHEFOLLOWINGBOARDS AND COMMISSIONS: REAPPOINTMENTS TO FIRST TERM (initial term less than 2 years) Leticia CazaresCultural Arts Commission Ricardo JimenezHealthy Chula Vista Advisory Commission Lucia MartinezHealthy Chula Vista Advisory Commission Ana Ruth RoblesHousing Advisory Commission Diana VeloHealthy Chula Vista Advisory Commission REAPPOINTMENTS TO SECOND TERM Bryan FelberCharter Review Commission Gary FinkHistoric Preservation Commission Oscar RomoResource Conservation Commission Robert RossCharter Review Commission Anthony StewartVeterans Advisory Commission City of Chula VistaPage 1 of 1Printed on 6/9/2016 powered by Legistar™ ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1175 ΑΏΐΕȃΏΕȃΐΓ !¦¤­£  Packet0 ¦¤ 1176