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HomeMy WebLinkAbout2017-07-25 Agenda Packetv � /'jfi cngli Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Mike Diaz, Councilmember John McCann, Councilmember Stephen C. Padilla, Councilmember Gary Halbert, City Manager Glen R. Googins, City Attorney Kerry K. Bigelow, Acting City Clerk Tuesday, July 25, 2017 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Diaz, McCann, Padilla and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 17-0291 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE AGENT BRENT GLOVER ON 23 YEARS OF DEDICATED SERVICE B. 17-0302 PRESENTATION OF A PROCLAMATION TO VIRGIL WHITEHEAD PROCLAIMING TUESDAY, JULY 25, 2017 AS VIRGIL WHITEHEAD DAY IN THE CITY OF CHULA VISTA C. 17-0316 UPDATE BY LIBRARY STAFF ON CURRENT AND UPCOMING LIBRARY SERVICE INITIATIVES, PRIVATE/PUBLIC PARTNERSHIPS, NEW GRANT OPPORTUNITIES, AND COMMUNITY OUTREACH AND SUPPORT City of Chula Vista Page 1 Printed on 712012017 July 25, 2017City Council Agenda CONSENT CALENDAR (Items 1 - 7) 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. APPROVAL OF MINUTES of May 16 and 23, and June 6 and 13, 2017. 17-03141.17-0314 Council approve the minutes. Staff Recommendation: WRITTEN COMMUNICATIONS Letter of resignation from Brent Livingston, Board of Ethics. 17-03182.17-0318 Council accept the resignation. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT AT OTAY LAKES ROAD BETWEEN ALLEN SCHOOL LANE AND BONITA VIEW TERRACE APARTMENTS (1600 FEET NORTH OF CANYON DRIVE), AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) 17-02003.17-0200 Engineering Department Department: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council place the ordinance on first reading. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TRAFFICWARE GROUP, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE INSTALLATION OF AN ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT (TF-389) 17-02084.17-0208 Engineering Department Department: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 2 City of Chula Vista Printed on 7/20/2017 July 25, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REQUEST OF A $1,400,000 DISBURSEMENT FROM THE CHULA VISTA BILLBOARD RESERVE FUND HELD IN TRUST BY SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) TO FUND ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENTS IN THE CITY OF CHULA VISTA; AMENDING THE FISCAL YEAR 2017-18 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT, “ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES (TF-409)”; AND APPROPRIATING $1,400,000 TO THE CAPITAL IMPROVEMENT FUND BASED ON REVENUE ASSOCIATED WITH SAID BILLBOARD FUNDS TO TF-409 (4/5 VOTE REQUIRED) 17-02815.17-0281 Engineering Department Department: 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. Environmental Notice: Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $275,076 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE FIRE DEPARTMENT TO PURCHASE RADIO DISPATCH CONSOLE EQUIPMENT FROM MOTOROLA SOLUTIONS, INC. BASED ON THE COUNTY OF SAN DIEGO’S CONTRACT NUMBER 553982 PRICING AND TERMS, AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) 17-02296.17-0229 Fire Department Department: 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. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 3 City of Chula Vista Printed on 7/20/2017 July 25, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, AND M&A GABAEE REGARDING THE PROCESSING OF ENTITLEMENTS FOR THE SALT BAY PROJECT, LOCATED ON PROPERTIES SOUTH OF PALOMAR STREET AND WEST OF I-5 17-02987.17-0298 Development Services Department Department: 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. In addition, notwithstanding the foregoing, the “Project” also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: 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. PUBLIC HEARINGS The following item(s) have been advertised as public hearing (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. CONSIDERATION OF ADOPTING THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN UPDATE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN UPDATE 17-02908.17-0290 Development Services Department Department: The Project qualifies for a Statutory Exemption pursuant to Section 15262 (Feasibility and Planning Studies) pursuant to the California Environmental Quality Act (CEQA) State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 4 City of Chula Vista Printed on 7/20/2017 July 25, 2017City Council Agenda ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. 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. CONSIDERATION OF A REQUEST BY THE CORKY McMILLIN COMPANIES THAT THE CITY COUNCIL FORM A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF TOWN CENTER DRIVE (This item was continued from 6/20/17.) 17-03039.17-0303 Development Services Department Department: 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. Environmental Notice: Council direct staff to continue to work with the Corky McMillin Companies to evaluate the merits of formation of a reimbursement agreement and to bring a formal recommendation on whether the Council should begin the proceedings for the formation of a district to the City Council meeting of September 12. Staff Recommendation: CITY MANAGER’S REPORTS MAYOR’S REPORTS COUNCILMEMBERS’ COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney ’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 -Property: Assessors Parcel Number (APN) 643-06-57-00 -Agency Negotiators: Gary Halbert and Eric Crockett -Negotiating Parties: City of Chula Vista and Chesnut Properties -Under Negotiation: Price and Terms of Payment for Acquisition and Leaseback 17-028810.17-0288 Page 5 City of Chula Vista Printed on 7/20/2017 July 25, 2017City Council Agenda ADJOURNMENT to the City Council Workshop on Aug 3, 2017, at 4:00 p.m., in the Council Chambers; and thence to the Regular City Council Meeting on Aug 8, 2017, 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 Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. 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(California 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. Page 6 City of Chula Vista Printed on 7/20/2017 City of Chula Vista Staff Report File#:17-0291, Item#: A. PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE AGENT BRENT GLOVER ON 23 YEARS OF DEDICATED SERVICE City of Chula Vista Printed on 7/20/2017Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0302, Item#: B. PRESENTATION OF A PROCLAMATION TO VIRGIL WHITEHEAD PROCLAIMING TUESDAY,JULY 25, 2017 AS VIRGIL WHITEHEAD DAY IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 7/20/2017Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0316, Item#: C. UPDATE BY LIBRARY STAFF ON CURRENT AND UPCOMING LIBRARY SERVICE INITIATIVES, PRIVATE/PUBLIC PARTNERSHIPS,NEW GRANT OPPORTUNITIES,AND COMMUNITY OUTREACH AND SUPPORT City of Chula Vista Printed on 7/20/2017Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0314, Item#: 1. APPROVAL OF MINUTES of May 16 and 23, and June 6 and 13, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 7/20/2017Page 1 of 1 powered by Legistar™ City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, May 16, 2017 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 5:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Excused:Councilmember Diaz 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 Padilla led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.17-0131 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES Mayor Casillas Salas stated that Item A would be continued to the meeting of May 23, 2017. B.17-0175 PRESENTATION OF A PROCLAMATION TO PUBLIC WORKS DIRECTOR RICK HOPKINS AND ASSISTANT DIRECTOR IRACSEMA QUILANTAN PROCLAIMING MAY 21 THROUGH MAY 27, 2017 AS PUBLIC WORKS WEEK IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Aguilar presented it to Public Works Director Hopkins and Assistant Director Quilantan. C.17-0183 PRESENTATION OF A PROCLAMATION TO PRINCIPAL CIVIL ENGINEER FRANK RIVERA PROCLAIMING MAY 2017 AS NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Deputy Mayor McCann presented it to Principal Civil Engineer Rivera. D.17-0197 PRESENTATION OF A PROCLAMATION COMMENDING REPUBLIC SERVICES COMMERCIAL ROUTE DRIVER SILVIANO MACIAS FOR 43 YEARS OF DEDICATED SERVICE Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Silviano Macias. Page 1City of Chula Vista May 16, 2017City Council Meeting Minutes - Draft CONSENT CALENDAR (Items 1 - 4) Item 2 was removed from the Consent Calendar at the request of a member of the public. 1.17-0201 APPROVAL OF MINUTES of April 27 and May 2, 2017. Recommended Action: Council approve the minutes. Item 2 was removed from the consent calendar. 3.17-0203 ORDINANCE NO. 3402 OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2533, RELATING TO THE ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER BASIN DEVELOPMENT IMPACT FEE (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 4.17-0066 RESOLUTION NO. 2017-073 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE PROCUREMENT OF EMERGENCY STORM-RELATED SERVICES, AND AUTHORIZING PAYMENT FOR SUCH SERVICES PERFORMED BY ATLAS ENVIRONMENTAL SERVICES, INC., ARBOR WEST TREE SURGEONS, WEST COAST ARBORIST, AND S&J BUILDERS AND RESTORATION SERVICES, INC. Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR 2.17-0204 ORDINANCE NO. 3401 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT; AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS PROHIBITED; AND AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.14 TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS (SECOND READING AND ADOPTION) Irene Matthews, Chula Vista resident, submitted written documentation in opposition to staff's recommendation and declined to speak. Page 2City of Chula Vista May 16, 2017City Council Meeting Minutes - Draft A motion was made by Deputy Mayor McCann, seconded by Mayor Casillas Salas, that Ordinance No. 3401 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 PUBLIC COMMENTS (Part 1 of 2) Stan O'Hoppe, Chula Vista resident, spoke in support of law enforcement enforcing immigration laws. PUBLIC HEARINGS (Part 1 of 2) 5.17-0038 CONSIDERATION OF THE FORMATION AND ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), CONDUCTING A SPECIAL ELECTION THEREIN, AND AUTHORIZATION TO LEVY A SPECIAL TAX THEREIN A.RESOLUTION NO. 2017-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT B.RESOLUTION NO. 2017-075 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT C.ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING) 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. Warren Diven, consultant, provided information on the item. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. City Clerk Norris reported that no protests had been received. Page 3City of Chula Vista May 16, 2017City Council Meeting Minutes - Draft A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, that Resolution No. 2017-074 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 City Clerk Norris canvassed the ballots and reported that the item passed unanimously. A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, that Resolution No. 2017-075 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, that the above ordinance (Item 5C) be placed on first reading, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 PUBLIC COMMENTS (Part 2 of 2) Sandy Sato, Chula Vista resident, expressed concern regarding the condition of the road and the speed of drivers on Emerson Street. She spoke in support of increased lighting on the street, as well as making traffic one way. PUBLIC HEARINGS (Part 2 of 2) 6.17-0049 CONSIDERATION OF AMENDING CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE PLANNING AND ZONING SECTIONS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE (CVMC) BY ADDING A NEW SECTION CREATING AN INITIATION PROCESS FOR AMENDMENTS TO THE GENERAL PLAN, SECTIONAL PLANNING AREA PLANS, GENERAL DEVELOPMENT PLANS, SPECIFIC PLANS, PRECISE PLANS (LAND USE PLANS) AND FOR REZONING (FIRST READING) 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. Development Services Director Broughton spoke regarding the item. Mayor Casillas Salas opened the public hearing. Alan Curry, Chula Vista resident, spoke in opposition to staff's recommendation. Page 4City of Chula Vista May 16, 2017City Council Meeting Minutes - Draft There being no other members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember Aguilar, seconded by Deputy Mayor McCann, that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 ACTION ITEMS 7.17-0180 CONSIDERATION OF AMENDING MUNICIPAL CODE CHAPTER 2.36, HUMAN RELATIONS COMMISSION (This item was continued from 5/9/2017.) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.36, “HUMAN RELATIONS COMMISSION” (FIRST READING) Deputy City Manager Bacon spoke regarding the item. Mayor Casillas Salas stated that written communications had been received from Margaret Baker, representing South Bay People Power, requesting changes to the proposed ordinance. Mayor Casillas Salas stated that a revised ordinance had been provided to the Council for consideration. A motion was made by Councilmember Aguilar, seconded by Mayor Casillas Salas, that the above ordinance be placed on first reading as amended, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 8.17-0196 RESOLUTION NO. 2017-076 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNICATIONS PLAN TO BETTER COMMUNICATE OFFICIAL CITY POLICIES RELATED TO IMMIGRATION ENFORCEMENT AND TO BETTER CONNECT CITY RESIDENTS WITH AVAILABLE IMMIGRATION AND CITY SERVICES Marketing & Communications Manager Steinberger presented information on the item. She described changes to the goals and the strategic priorities presented in the resolution. Alan Curry, Chula Vista resident, provided suggestions for the City's Welcoming City policy and provided the Council with written communication. A motion was made by Councilmember Aguilar, seconded by Mayor Casillas Salas, that Resolution No. 2017-076 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 Page 5City of Chula Vista May 16, 2017City Council Meeting Minutes - Draft CITY MANAGER’S REPORTS City Manager Halbert stated that staff would present the Council with a resolution at an upcoming meeting regarding autonomous vehicle testing in the City. Mayor Casillas Salas spoke regarding autonomous vehicle testing and the positive economic development impacts related to the project. Human Resources Director Chase reported that a general election was held and employees selected a new union, Association of Chula Vista Employees (ACE), to represent themselves in labor contract negotiations. MAYOR’S REPORTS Mayor Casillas Salas wished her sister Alice Casillas a happy birthday. Mayor Casillas Salas reported on her attendance at the following recent events: a presentation by students of the Castle Park High School ACE (Architecture, Construction, Engineering) program, Chula Vista Police Department awards and recognition ceremony, a Coca Cola scholarship award ceremony, the grand opening of the Wolfman Family Diabetes Clinic at the Scripps Health Clinic, the Teen Police Academy graduation, and the Amps & Ales festival. COUNCILMEMBERS’ COMMENTS Deputy Mayor McCann recognized mothers in honor of Mother's Day. He reported his attendance at the following recent events: the Chula Vista Police Department awards and recognition ceremony, the Eastlake Lions Club meeting, and Bonita Vista High School's marching band finale concert. He announced the upcoming street -naming dedication ceremony to honor fallen veterans from Chula Vista who faught in the wars in Iraq and Afghanistan. Councilmember Padilla announced that his daughter, Ashley Padilla, graduated from San Diego State University with a degree in political science. Councilmember Aguilar announced the upcoming annual Older Americans and Volunteers luncheon. City Attorney Googins announced he would speak to the Eastside Neighbors at an upcoming meeting of the community group. Mayor Casillas Salas paid tribute to Lorna Mae Kehaulani Wilson and stated the meeting would be adjourned in her memory. ADJOURNMENT At 6:16, Mayor Casillas Salas adjourned the meeting in memory of Lorna Mae Kehaulani Wilson to the Special City Council Meeting on May 22, 2017, at 5:00 p.m., in the Executive Conference Room, and thence to the Regular City Council Meeting on May 23, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 6City of Chula Vista City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, May 23, 2017 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A regular meeting of the City Council 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 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Deputy Mayor McCann announced, pursuant to AB 23, that he and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, which was held simultaneously with the City Council meeting. ROLL CALL: Present:Councilmember Diaz, Deputy Mayor McCann and Councilmember Padilla Excused:Councilmember Aguilar 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 Dominic Alcorn led the Pledge of Allegiance. Deputy Mayor McCann called for a moment of silence in memory of those who were killed in the recent Manchester Arena bombing. SPECIAL ORDERS OF THE DAY A.17-0131 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES City Manager Halbert recognized employees with milestone service anniversaries. B.17-0186 PRESENTATION BY AQUATICA SAN DIEGO VICE PRESIDENT CARLOS CUEVAS REGARDING SEAWORLD'S WATER PARK AND ITS FIFTH ANNIVERSARY Mr. Cuevas, representing Aquatica San Diego, presented information on the water park and its fifth anniversary. C.17-0221 FIRE STATION PRESENTATION BY CASTLE PARK HIGH SCHOOL STUDENTS IN THE ARCHITECTURE, CONSTRUCTION, ENGINEER (ACE) MENTORS PROGRAM Vera Howell, representing Turner Construction, and students from the Castle Park High School ACE Program gave a presentation on their fire station project. Page 1City of Chula Vista May 23, 2017City Council Meeting Minutes - Draft CONSENT CALENDAR (Items 1 - 7) Item 3 was removed from the Consent Calendar at the request of staff. 1.17-0214 WRITTEN COMMUNICATIONS Memoranda from Councilmember Diaz requesting excused absences from the May 9, and May 16, 2017 City Council Meetings. Recommended Action: Council excuse the absences. 2.17-0222 ORDINANCE NO. 3403 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. Item 3 was removed from the consent calendar. 4.17-0224 ORDINANCE NO. 3405 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.36, “HUMAN RELATIONS COMMISSION” (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 5.17-0079 RESOLUTION NO. 2017-077 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING COUNCIL COMMITMENT AND SUPPORT FOR THE FIRE DEPARTMENT APPLICATION FOR THE 2016 DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT TO HIRE 12 FIREFIGHTERS Recommended Action: Council adopt the resolution. 6.17-0190 A.RESOLUTION NO. 2017-078 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF, AND AMENDING, COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER B.INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2017 Recommended Action: Council adopt the resolution and accept the report. Page 2City of Chula Vista May 23, 2017City Council Meeting Minutes - Draft 7.17-0192 RESOLUTION NO. 2017-079 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN UNCOLLECTIBLE ACCOUNTS RECEIVABLE WRITE-OFF POLICY Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Councilmember Padilla, seconded by Councilmember Diaz, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Padilla3 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR 3.17-0223 ORDINANCE NO. 3404 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE (CVMC) BY ADDING A NEW SECTION CREATING AN INITIATION PROCESS FOR AMENDMENTS TO THE GENERAL PLAN, SECTIONAL PLANNING AREA PLANS, GENERAL DEVELOPMENT PLANS, SPECIFIC PLANS, PRECISE PLANS (LAND USE PLANS) AND FOR REZONING (SECOND READING AND ADOPTION) Development Services Director Broughton stated that the Council had received two versions of the ordinance at the Council meeting of May 16, 2017, and that staff's recommendation was that the Council adopt the ordinance that included revisions recommended by the Planning Commission. There was consensus of the Council that the ordinance placed on first reading at the meeting of May 16, 2017 was the version that included the revisions recommended by the Planning Commission. A motion was made by Councilmember Padilla, seconded by Councilmember Diaz, that Ordinance No. 3404 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Padilla3 - No:0 Abstain:0 PUBLIC COMMENTS Kenn Colclasure, Chula Vista resident, expressed concern regarding excessive speed of vehicles in the area of E. Rienstra Street. PUBLIC HEARINGS 8.16-0466 CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE “MANHOLE REHABILITATION PROGRAM, FISCAL YEAR 2015/2016 (SW297)” PROJECT PER CITY CHARTER SECTION 1009 (This item was continued from 5/23/17.) Page 3City of Chula Vista May 23, 2017City Council Meeting Minutes - Draft RESOLUTION NO. 2017-087 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; WAIVING MINOR BID IRREGULARITIES; AWARDING A CONTRACT FOR THE “MANHOLE REHABILITATION PROGRAM, FISCAL YEAR 2015/2016 (CIP# SW297)” PROJECT TO SANCON ENGINEERING, INC. IN THE AMOUNT OF $226,067.07; APPROPRIATING $130,000 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITY REPLACEMENT FUND TO CAPITAL IMPROVEMENT PROJECT SW297; WAIVING CITY COUNCIL POLICY NO. 574-01; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS (4/5 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. Deputy Mayor McCann opened the public hearing. A motion was made by Councilmember Diaz, seconded by Councilmember Padilla, that Item 8 be continued to the meeting of June 6, 2017. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Padilla3 - No:0 Abstain:0 ACTION ITEMS 9.17-0158 CONSIDERATION OF THE ADOPTION OF A SMALL BUSINESS LOAN PROGRAM FOR BUSINESSES ON THIRD AVENUE RESOLUTION NO. 2017-080 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING THE CHULA VISTA THIRD AVENUE SMALL BUSINESS REVOLVING LOAN FUND PROGRAM Karen Roque, Chula Vista resident, representing the Third Avenue Village Association, spoke in support of staff's recommendation. A motion was made by Councilmember Diaz, seconded by Councilmember Padilla, that Resolution No. 2017-080 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Padilla3 - No:0 Abstain:0 Page 4City of Chula Vista May 23, 2017City Council Meeting Minutes - Draft 10.17-0170 PRESENTATION OF THE CITY MANAGER’S PROPOSED BUDGET FOR FISCAL YEAR 2017/2018 RESOLUTION OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/ HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2017/2018 AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME City Manager Halbert, Finance Director Bilby, Budget & Analysis Manager Nguyen, and Administrative Services Manager Beamon gave a presentation on the item. Darrell Roberts, representing Chula Vista Firefighters, spoke in opposition to staff's recommendation. There was consensus of the Council to continue the item to the meeting of June 6, 2017, and to direct staff to provide options at that time to add an additional fire engine company in the eastern part of the City as part of the fiscal year 2017/2018 budget. 11.17-0171 CONSIDERATION OF APPROVING A LICENSE AND FACILITY OVERSIGHT AGREEMENT TO OPERATE A CULTURAL ARTS SPACE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LICENSE AND FACILITY OVERSIGHT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRANCISCO GARCIA-VELASQUEZ, DBA THE INDUSTRY, TO OPERATE A CULTURAL ARTS SPACE ON AN UNIMPROVED CITY-OWNED PARCEL LOCATED AT 224 THIRD AVENUE Deputy Mayor McCann stated that Item 11 was pulled by staff and would not be considered at that time. CITY MANAGER’S REPORTS City Manager Halbert provided information on the Bayfront development progress. COUNCILMEMBERS’ COMMENTS Deputy Mayor McCann stated that the Cultural Arts Commission and Civil Service Commission interviews that were scheduled for May 22, 2017 would be rescheduled and that the Council would select a new date and time for interviews at the meeting of June 6, 2017. Deputy Mayor McCann announced the upcoming street -naming ceremony to dedicate seven streets to fallen veterans from Chula Vista. Page 5City of Chula Vista May 23, 2017City Council Meeting Minutes - Draft MAYOR’S REPORTS 12.17-0225 Ratification of appointment of Patrick MacFarland to the Housing Advisory Commission. A motion was made by Councilmember Diaz, seconded by Councilmember Padilla, that the above appointment be ratified. The motion carried by the following vote: ACTION: Yes:Diaz, McCann and Padilla3 - No:0 Abstain:0 13.17-0198 Consideration of appointment of a voting delegate and alternates for the 2017 League of California Cities Annual Conference, to be held in Sacramento, September 13 through 15. Deputy Mayor McCann stated that Item 13 would be continued to the meeting of June 6, 2017. ADJOURNMENT At 6:58 p.m., the meeting was adjourned to the Regular City Council Meeting on June 6, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 6City of Chula Vista City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Teleconferencing location: Red Lion Hotel, Business Center 1929 Fourth Street, Eureka, CA 95501 Tuesday, June 6, 2017 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND MUNICIPAL FINANCING AUTHORITY OF THE CITY OF CHULA VISTA CALL TO ORDER Regular meetings of the City Council, Successor Agency to the Redevelopment Agency, and Municipal Financing Authority, and a special meeting of the Housing Authority of the City of Chula Vista were called to order at 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow City Clerk Norris announced that Councilmember Padilla was participating via videoconference from the following location: Red Lion Hotel, Business Center, 1929 Fourth Street, Eureka, CA 95501; and that all votes would be taken by roll call. Councilmember Padilla stated he complied with all requirements of the Brown Act, including posting the agenda and assuring public accessibility to the location. He stated no members of the public were present at his location. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, which was held simultaneously with the City Council meeting. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Diaz led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.17-0207 PRESENTATION BY MARKETING AND COMMUNICATIONS MANAGER ANNE STEINBERGER OF THIS IS CHULA PHOTOGRAPHY CONTEST WINNERS Marketing and Communications Manager Steinberger presented the This is Chula photography contest winners. Page 1City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft B.17-0212 PRESENTATION BY CULTURAL ARTS MANAGER LYNNETTE TESSITORE OF THE 2017 MCCANDLISS ARTS AWARDS RECIPIENTS AND THE 2017 RISING STAR SCHOLARSHIP WINNERS: ARTAYNE RAMSEY, AUBREE BLANCHARD, SOFIA PINEDO, LAURA SHIMASAKI, AND SAMUEL ARDEN Cultural Arts Manager Tessitore presented the 2017 McCandliss Arts Awards recipients. Deputy Mayor McCann read the names of the scholarship recipients, and Mayor Casillas Salas and Cultural Arts Manager Tessitore presented them with certificates. C.17-0233 PRESENTATION BY COMMUNICATIONS COORDINATOR OLGA BERDIAL AND DEL MAR FAIRGROUND MARKETING REPRESENTATIVE REGARDING THE 2017 SAN DIEGO COUNTY FAIR STREETLIGHT BANNER PROGRAM WITHIN THE CITY OF CHULA VISTA AND THE 2017 SAN DIEGO COUNTY FAIR SEASON Communications Coordinator Berdial and Luis Valdivia, representing the San Diego County Fair, gave a presentation on the San Diego County Fair Streetlight Banner program. D.17-0239 PRESENTATION OF A PROCLAMATION TO ALLIANCE SAN DIEGO AND SAN DIEGO IMMIGRANT RIGHTS CONSORTIUM PROCLAIMING JUNE 2017 AS IMMIGRATION HERITAGE MONTH IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Aguilar presented it to Laura Moreno, representing the San Diego Immigrant Rights Consortium, and Jesus Mendez and Eryn Wilson, representing Alliance San Diego. E.17-0246 UPDATE ON CHULA VISTA BAYFRONT DESTINATION RV PARK BY PORT OF SAN DIEGO COMMISSIONER MOORE Port Commissioner Ann Moore gave a presentation on the item. CONSENT CALENDAR (Items 1 - 9) 1.17-0243 APPROVAL OF MINUTES of May 4, 2017. Recommended Action: Council approve the minutes. 2.17-0228 WRITTEN COMMUNICATIONS A.Memorandum from Councilmember Aguilar requesting excused absences from the April 27, 2017 workshop and the May 23, 2017 council meeting. B.Memorandum from Mayor Salas requesting an excused absence from the May 23, 2017 council meeting. Recommended Action: Council excuse the absences. Page 2City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft 3.17-0085 RESOLUTION NO. 2017-081 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "SIGN REFLECTIVITY REPLACEMENT FY 2015/2016 (CIP# TF391)" PROJECT TO A GOOD SIGN & GRAPHICS CO. IN THE AMOUNT OF $131,400; WAIVING CITY COUNCIL POLICY 574-01; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS AND EXPEND ALL AVAILABLE FUNDS IN AN AMOUNT NOT TO EXCEED $143,000 Recommended Action: Council adopt the resolution. 4.17-0150 ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING SPEED LIMITS AT THE FOLLOWING SEGMENTS: 1) 50 MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN HUNTE PARKWAY AND OLYMPIC VISTA ROAD; 2) 45 MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) Recommended Action: Council place the ordinance on first reading. 5.17-0194 RESOLUTION NO. 2017-082 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATION FOR ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENT (ATCMTD) GRANT AND COMMITTING MATCHING FUNDS THEREFOR Recommended Action: Council adopt the resolution. 6.17-0187 RESOLUTION NO. 2017-083 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $6,450 FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM Recommended Action: Council adopt the resolution 7.17-0209 RESOLUTION NO. 2017-084 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $52,426 FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR HOMELESS OUTREACH EFFORTS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 8.17-0211 RESOLUTION NO. 2017-085 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3 (ANIMAL CONTROL) OF THE MASTER FEE SCHEDULE Recommended Action: Council adopt the resolution. Page 3City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft 9.17-0219 RESOLUTION NO. 2017-086 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT, APPROVING A CONTRACT BETWEEN THE CITY OF CHULA VISTA AND DR. VANESSA FLORES, VMD FOR RELIEF VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE FACILITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND UP TO THREE ONE-YEAR EXTENSIONS Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Nicole Hobson, representing Association of Chula Vista Employees (ACE), expressed concern regarding potential layoffs of some non-sworn City employees. Stan O'Hoppe, Chula Vista resident, requested a written response to his questions related to funding for Memorial Park. PUBLIC HEARINGS 10.16-0466 CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE “MANHOLE REHABILITATION PROGRAM, FISCAL YEAR 2015/2016 (SW297)” PROJECT PER CITY CHARTER SECTION 1009 (This item was continued from 5/23/17.) RESOLUTION NO. 2017-087 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; WAIVING MINOR BID IRREGULARITIES; AWARDING A CONTRACT FOR THE “MANHOLE REHABILITATION PROGRAM, FISCAL YEAR 2015/2016 (CIP# SW297)” PROJECT TO SANCON ENGINEERING, INC. IN THE AMOUNT OF $226,067.07; APPROPRIATING $130,000 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITY REPLACEMENT FUND TO CAPITAL IMPROVEMENT PROJECT SW297; WAIVING CITY COUNCIL POLICY NO. 574-01; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS (4/5 VOTE REQUIRED) Page 4City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, that Resolution No. 2017-087 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 11.17-0195 CONSIDERATION OF AN AMENDMENT TO CHULA VISTA’S PORTION OF THE 2016 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION NO. 2017-088 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2016/2017 THROUGH 2020/2021, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, that Resolution No. 2017-088 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Page 5City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft 12.17-0242 CONSIDERATION OF APPROVAL TO FINANCE INFRASTRUCTURE, FACILITIES AND EQUIPMENT RELATING TO MEASURE P A.RESOLUTION NO. 2017-089 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A SITE LEASE, LEASE AGREEMENT, INDENTURE, CONTINUING DISCLOSURE AGREEMENT AND BOND PURCHASE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY 2017 LEASE REVENUE BONDS, APPROVING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $72,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS B.RESOLUTION NO. 2017-001 OF BOARD OF DIRECTORS OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A SITE LEASE, LEASE AGREEMENT, INDENTURE, ASSIGNMENT AGREEMENT AND BOND PURCHASE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF CHULA VISTA MUNICIPAL FINANCING AUTHORITY 2017 LEASE REVENUE BONDS, AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $72,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Deputy Mayor McCann, seconded by Councilmember Diaz, that Council Resolution No. 2017-089 and Municipal Financing Authority Resolution No. 2017-001 be adopted, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Page 6City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft ACTION ITEMS 13.17-0249 PRESENTATION OF THE CITY MANAGER’S PROPOSED BUDGET FOR FISCAL YEAR 2017-18 WITH POTENTIAL OPTION TO PROVIDE ADDITIONAL FIRE ENGINE COMPANY PER CITY COUNCIL DIRECTION INCLUDING PROPOSED BUDGET REDUCTIONS FOR COUNCIL CONSIDERATION (This item was continued from 5/23/17.) OPTION A: RESOLUTION OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/ HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS AS AMENDED TO INCLUDE AN ADDITIONAL FIRE CREW AND BUDGET REDUCTIONS FOR FISCAL YEAR 2017-18 AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME OPTION B: RESOLUTION NO. 2017-090 OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/ HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2017-18 AS PRESENTED ON MAY 23, 2017, AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME, WITH DIRECTION THAT IF THE SAFER GRANT IS NOT APPROVED THE CITY MANAGER WILL RETURN MID-YEAR WITH THE ADDITIONAL FIRE CREW AND RESPECTIVE BUDGET AMENDMENTS AS WELL AS DIRECT THE CITY MANAGER TO UPDATE THE CITY COUNCIL ON A QUARTERLY BASIS THE FISCAL YEAR 2018-19 BUDGET FORECAST AND FUNDING OPTIONS AS WELL AS PROVIDE A LONG-TERM PLAN TO ADDRESS STAFFING SHORTFALLS IN PUBLIC SAFETY City Manager Halbert gave a presentation on the item. Fire Chief Geering and Darrell Roberts, representing the International Association of Fire Fighters, spoke regarding the item. The following members of the public expressed support for the City's cultural arts program: - Susan Walter, Chula Vista resident - Leticia Cazares, Chula Vista resident, and she also spoke in support of improving communication to the public on the budget - Silvia Lugo, Chula Vista resident, representing Southwestern College School of Arts and Communications, and she expressed concern regarding the impact of laying off employees - Sandy Scheller, Chula Vista resident - Carol Nottley, representing the Chula Vista Art Guild - Steven Goldkrantz, Chula Vista resident, and he spoke regarding increasing revenues - Cynthia Alvarado, Chula Vista resident - Ric Todd, San Diego resident Page 7City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft - Susan Johnson, Chula Vista resident - Matt Carney, San Diego resident, representing San Diego Dance Theater - Alexandra Knitchevsky, San Diego resident, representing La Jolla Playhouse and Rising Arts Leaders San Diego - Lauren Shelton, representing the Chula Vista Elementary School District - John Bosselman, Chula Vista resident - Zoe Kumagai, Bonita resident, representing the San Diego Youth Symphony - Al Gore, Chula Vista resident - Ellen Schauer, Chula Vista resident - William Virchis, Chula Vista resident - Henry Maxfield, representing High Tech High Chula Vista - Marie Zhivago, Chula Vista resident - William Taylor Ward, Chula Vista resident, representing Rising Arts Leaders - Rick Trujillo, Chula Vista resident - Jill Galvez, Chula Vista resident Lynne Jennings, Chula Vista resident, representing the San Diego Guild of Puppetry, submitted written documentation expressing support for the City's cultural arts program. Luanne Hulsizer, San Marcos resident, expressed support for the Economic Development Department and spoke regarding the services provided by City departments. Francisco Rivera, representing SEIU 221, requested that City unions work with staff on public safety transition and revenue plans. Mark Bastedo, San Diego resident, expressed concern regarding police department staffing. Jennifer Bustamante, Chula Vista resident, spoke in support of a balanced approach to addressing funding needs. Steven Pavka, Chula Vista resident, spoke in support of increasing revenues. Karen Crabtree, Chula Vista resident, withdrew her request to speak. The following individuals submitted a request to speak but were not present at the times their names were called: - Andy Lawler - Yessenia Hulsey A motion was made by Mayor Casillas Salas, seconded by Councilmember Diaz, that City Council Resolution No. 2017-090, Successor Agency Resolution No. 2017-001, and Housing Authority Resolution No. 2017-001 be adopted as amended to add the following: "approval of the City Manager’s proposed budgets to be published for the requisite 10-day public review period is based on the following conditions: 1. that there be a moratorium on hiring new employees, except for the five police officers in the City Manager’s proposed budget, until the results of the SAFER grant are known, to ensure that some funding is available for additional fire fighters; and 2. that the City Manager report back to the City Council within 120 days with a plan to address the chronic understaffing of the police and fire departments, with such plan considering all options, including: (i) alternative service models that may improve effectiveness and reduce costs; and (ii) potential funding sources." ACTION: Page 8City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft The heading was read, text waived. The motion carried by the following vote: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 14.17-0236 SELECTION OF A DATE AND TIME FOR A MEETING OR MEETINGS TO CONDUCT INTERVIEWS TO FILL ONE VACANCY ON THE CULTURAL ARTS COMMISSION (ARTS PROFESSIONAL SEAT) AND ONE VACANCY ON THE CIVIL SERVICE COMMISSION Individuals to be interviewed for the Cultural Arts Commission: Rosie Duran, Omar Firestone, Lorise Maynard, Lisa Moctezuma, and Rosalba Ponce Individuals to be interviewed for the Civil Service Commission: Guy Chambers, Alberto Leos, and Julio Estrada. There was consensus of the Council to schedule the open meeting to conduct the interviews to fill the vacancies on the Cultural Arts and Civil Service Commissions for June 22, 2017 at 5:00 p.m. CITY MANAGER’S REPORTS There were none. MAYOR’S REPORTS 15.17-0198 Consideration of appointment of a voting delegate and alternates for the 2017 League of California Cities Annual Conference, to be held in Sacramento, September 13 through 15. (This item was continued from 5/23/17.) A motion was made by Councilmember Diaz, seconded by Councilmember Aguilar, that Deputy Mayor McCann be appointed as the primary voting delegate and Mayor Casillas Salas be appointed as the alternate voting delegate for the 2017 League of California Cities Annual Conference. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to the June 13, 2017 agenda for consideration of a resolution in support of AB 805 "County of San Diego : transportation agencies." Mayor Casillas Salas reported on the following recent events: opening of Glam Powder Room, Memorial Day services, opening of Infinite Yoga, and the Chula Vista Police Foundation's Evening with Heroes event. She congratulated Deputy Mayor McCann on the recent street -naming dedication ceremony to honor fallen veterans from Chula Vista. Page 9City of Chula Vista June 6, 2017City Council Meeting Minutes - Draft COUNCILMEMBERS’ COMMENTS Deputy Mayor McCann congratulated recent high school and college graduates, and children who promoted. He thanked Chief Kennedy for the Evening with Heroes event. Deputy Mayor McCann spoke regarding the recent street -naming dedication ceremony to honor fallen veterans from Chula Vista: Salem Bachar, Michael Idanan, Kristofferson Lorenzo, Michael Martinez, Joshua Mattero, Curtis Spivey, and Charles Wyckoff, Jr. Councilmember Aguilar thanked Deputy Mayor McCann for organizing the street -naming dedication ceremony. Mayor Casillas Salas congratulated Councilmember Padilla on his appointment to the California Coastal Commission. Councilmember Padilla congratulated Deputy Mayor McCann for his leadership in recognizing veterans and organizing the recent ceremony. City Attorney Googins announced that the Council would convene in closed session to discuss the item listed below. Mayor Casillas Salas paid tribute to Edmond "Pat" LaPierre and stated the meeting would be adjourned in his memory. Mayor Casillas Salas recessed the meeting at 8:29 p.m. The Council reconvened in closed session at 8:35 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 16.17-0244 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Simon Silva, David Bilby, Maria Kachadoorian, Courtney Chase Employee organization: Police Officers Association (POA) No reportable action.ACTION: ADJOURNMENT At 8:38 p.m., the meeting was adjourned in memory of Edmund "Pat" LaPierre to the Regular City Council Meeting on June 13, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 10City of Chula Vista City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, June 13, 2017 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 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla 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 Diaz led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.17-0237 OATH OF OFFICE ·Patrick MacFarland, Housing Advisory Commission City Clerk Norris administered the oath of office to Commissioner MacFarland, and Councilmember Aguilar presented him with a certificate of appointment. B.17-0238 PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION RECIPIENTS Human Resources Director Chase presented the quarterly employee recognition recipients. C.17-0259 SPECIAL RECOGNITION FOR THE 2017 OPEN DIVISION BASEBALL CHAMPIONS FROM EASTLAKE HIGH SCHOOL Mayor Casillas Salas recognized the members of the Eastlake High School Baseball team for their success, and Deputy Mayor McCann and Councilmember Padilla presented the players with medals. CONSENT CALENDAR (Items 1 - 6) City Attorney Googins announced that the following Councilmembers would abstain from voting on the items indicated due to potential property -related conflicts of interest: Councilmember Aguilar on Items 3C and 3D; Deputy Mayor McCann on Items 3D, 3E, and 4B; Councilmember Padilla on Items 3F and 4B; and Mayor Casillas Salas on Item 3B. Page 1City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft 1.17-0254 ORDINANCE NO. 3406 OF THE CITY OF CHULA VISTA ESTABLISHING SPEED LIMITS AT THE FOLLOWING SEGMENTS: 1) 50 MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN HUNTE PARKWAY AND OLYMPIC VISTA ROAD; 2) 45 MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 2.17-0099 RESOLUTION NO. 2017-091 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “MAJOR PAVEMENT REHABILITATION FY 2016/17 (CIP# STM390)” PROJECT TO ATP GENERAL ENGINEERING CONTRACTORS, LLC IN THE BASE BID AMOUNT OF $2,367,444.50; WAIVING CITY COUNCIL POLICY NO. 574-01; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS AND EXPEND ALL CONTINGENCY AND AVAILABLE FUNDS IN AN AMOUNT NOT TO EXCEED $1,098,581.50 Recommended Action: Council adopt the resolution. 3.17-0100 A.RESOLUTION NO. 2017-092 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2017/2018 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 7, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, D, AND E), AND BAY BOULEVARD MAINTENANCE DISTRICT B.RESOLUTION NO. 2017-093 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2017/2018 ASSESSMENTS FOR OPEN SPACE DISTRICTS 9, 10 AND TOWN CENTRE MAINTENANCE DISTRICT C.RESOLUTION NO. 2017-094 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2017/2018 ASSESSMENTS FOR OPEN SPACE DISTRICT 8 Page 2City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft D.RESOLUTION NO. 2017-095 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2017/2018 ASSESSMENTS FOR OPEN SPACE DISTRICT 20 (ZONE 7) E.RESOLUTION NO. 2017-096 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2017/2018 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 F.RESOLUTION NO. 2017-097 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2017/2018 ASSESSMENTS FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C) Recommended Action: Council adopt the resolutions and set the public hearing for July 11, 2017. 4.17-0104 A.RESOLUTION NO. 2017-098 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98- 2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11 -M, 12-I, 12-M, 13-I, 13-M, 14-M, 17-I, 18-M AND 19-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE/TREASURER TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR B.RESOLUTION NO. 2017-099 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M, WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE/ TREASURER TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR Recommended Action: Council adopt the resolutions. Page 3City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft 5.17-0125 RESOLUTION NO. 2017-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR SERVICE WITH COPYLINK, INC., TO PROVIDE COPIER EQUIPMENT AND MAINTENANCE; AND AWARDING A CONTRACT TO GREAT AMERICA FINANCIAL SERVICES FOR LEASING OF THE COPIERS Recommended Action: Council adopt the resolution. 6.17-0156 RESOLUTION NO. 2017-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING MULTIPLE DONATIONS, SPONSORSHIPS AND GRANT FUNDS IN THE AMOUNT OF $31,312 FOR COSTS ASSOCIATED WITH RECREATION FACILITIES AND PROGRAMS, AND AMENDING THE FISCAL YEAR 2016/2017 RECREATION DEPARTMENT BUDGET TO REFLECT THE APPROPRIATION OF THESE FUNDS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Diaz, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Items 1, 2, 3A, 4A, 5, and 6: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Item 3B: Yes:Aguilar, Diaz, McCann and Padilla4 - No:0 Abstain:Casillas Salas1 - Item 3C: Yes:Diaz, McCann, Padilla and Casillas Salas4 - No:0 Abstain:Aguilar1 - Item 3D: Yes:Diaz, Padilla and Casillas Salas3 - No:0 Abstain:Aguilar and McCann2 - Page 4City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft Item 3E: Yes:Aguilar, Diaz, Padilla and Casillas Salas4 - No:0 Abstain:McCann1 - Item 3F: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:Padilla1 - Item 4B: Yes:Aguilar, Diaz and Casillas Salas3 - No:0 Abstain:McCann and Padilla2 - ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Stan O'Hoppe, Chula Vista resident, requested to meet with the Council and city staff on his concerns regarding issues in the area of Memorial Park and Third Avenue. Sandy Sato, Chula Vista resident, spoke in support of Emerson Street being converted to allow only one-way traffic and in support of hiring additional police and fire personnel. ACTION ITEMS 7.17-0247 PRESENTATION OF AN OVERVIEW OF THE CHULA VISTA SMART CITY INITIATIVE Chief Sustainability Officer Gakunga gave a presentation on the City's Smart City Initiative. Jim Madaffer, Principal of Madaffer Enterprises, also spoke regarding the program. 8.17-0176 CONSIDERATION OF DECLARING SUPPORT FOR THE RESEARCH AND DEVELOPMENT OF AN AUTONOMOUS VEHICLE (AV) PROVING GROUND IN THE CITY OF CHULA VISTA RESOLUTION NO. 2017-102 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY’S SUPPORT FOR THE RESEARCH AND DEVELOPMENT OF AN AUTONOMOUS VEHICLE PROVING GROUND IN THE CITY OF CHULA VISTA Assistant Director of Engineering Valle and Principal Civil Engineer Flores gave a presentation on the item. Page 5City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor McCann, that Resolution No. 2017-102 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 9.17-0163 A. CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED TO FILL THE CURRENT VACANCY ON THE PLANNING COMMISSION (DESIGN REPRESENTATIVE SEAT) AND THE UPCOMING VACANCY OCCURRING ON JUNE 30, 2017 (AT-LARGE SEAT) PLANNING COMMISSION APPLICANTS: Krista Burroughs, Rodney Caudillo, Roselle Ellison, Joe Garbanzos, Gregory Hall, Marivic Lisama, John Milburn, David Potter, Joseph Quinlivan, Mike Spethman, Jerome Torres, Jim Trotter, and Monika Tuncbilek B. CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED TO FILL THE UPCOMING VACANCY OCCURRING ON JUNE 30, 2017 ON THE PARKS & RECREATION COMMISSION PARKS & RECREATION COMMISSION APPLICANTS: David Ayala, Alice Chaisongkram, Eric Chaisongkram, David Olivera, Charlotte Brenda Perez-Miranda, and John Zarem C. SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS AS MAY BE NECESSARY TO CONDUCT INTERVIEWS OF THE FOLLOWING: 1. APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE VACANCIES ON THE PLANNING COMMISSION; 2. APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE VACANCY ON THE PARKS & RECREATION COMMISSION; AND 3. THE FIVE MEMBERS SEEKING REAPPOINTMENT TO VARIOUS COMMISSIONS, IN ACCORDANCE WITH CHULA VISTA MUNICIPAL CODE SECTION 2.25.055(B) Assistant City Clerk Bigelow provided information on the Planning Commission vacancies and stated that there were no members of the public who requested to speak regarding the item. The nomination forms for the Planning Commission vacancies were distributed to the Council. In response to questions from Councilmember Aguilar, Assistant City Clerk Bigelow and City Attorney Googins provided information on the qualifications for the Planning Commission - Design Representative seat vacancy. Councilmembers completed their nomination forms and submitted them to City Clerk Norris. City Clerk Norris announced that the nomination forms were available for public review and retained on file in the City Clerk's office. Page 6City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft City Clerk Norris announced that the following individuals had received two or more nominations for the Planning Commission - Design Representative seat and would be invited to interview: Krista Burroughs, John Milburn, David Potter, and Joseph Quinlivan. City Clerk Norris announced that the following individuals had received two or more nominations for the Planning Commission - At-Large seat and would be invited to interview: Krista Burroughs, Rodney Caudillo, Joe Garbanzos, David Potter, Joseph Quinlivan, Jerome Torres, Jim Trotter, and Monika Tuncbilek. Assistant City Clerk Bigelow provided information regarding the Parks and Recreation Commission vacancy and stated that there were no members of the public who requested to speak regarding the item. The nomination forms for the Parks & Recreation Commission were distributed to the Council . Councilmembers completed their nomination forms and submitted them to City Clerk Norris. City Clerk Norris stated that the nomination forms were available for public review and retained on file in the City Clerk's office. City Clerk Norris announced that the following individuals had received two or more nominations for the Parks & Recreation Commission vacancy and would be invited to interview: David Ayala, Eric Chaisongkram, David Olivera, and John Zarem. There was consensus of the Council to set the date for interviews for June 28, 2017, at 5:00 p.m. Councilmember Diaz requested that the applications for future vacancies be provided to Council earlier to allow additional time to review them. At the request of Mayor Casillas Salas, there was consensus of the Council to direct staff to provide alternative processes for Council consideration for reappointment so that members seeking reappointment would not automatically be required to participate in an interview. Councilmember Aguilar spoke in support of continuing to receive attendance records for members seeking reappointment. At the request of Mayor Casillas Salas, there was consensus of the Council to direct staff to provide alternative processes for Council consideration for the appointment of members to the Ethics Commission that did not require local city managers to interview the applicants and make recommendations for the appointments. Councilmember Aguilar spoke in support of staff reviewing the appointment processes for boards and commissions and consider options to standardize and streamline the processes. CITY MANAGER’S REPORTS City Manager Halbert reported on recent rewards the City received. Page 7City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft MAYOR’S REPORTS 10.17-0260 RESOLUTION NO. 2017-103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF ASSEMBLY BILL 805 (Gonzalez Fletcher) This bill would modify rules applicable to the San Diego Association of Governments (SANDAG) to, among other things, (1) provide for the Mayors of San Diego and Chula Vista to serve as the rotating Chair and Vice Chair, (2) provide for a “weighted voting” system at the board level based on population, (3) allow MTS and NCTD to impose transactions and use taxes up to .5% for public transit purposes within their jurisdictions subject to voter approval, and (4) create an “audit committee” tasked with contracting with an independent auditor to review SANDAG finances. Recommended Action: Council adopt the resolution. The following members of the public spoke in support of the item: - Patrick MacFarland, Chula Vista resident - Marco Briones, San Diego resident, representing Quality of Life Coalition - Randy Van Vleck, Chula Vista resident, representing Bike Walk Chula Vista - Carolina Rodriguez-Adjunta, Climate Action Campaign - Julio Rivera, representing Assemblymember Gonzalez Fletcher Steven Pavka, Chula Vista resident, spoke in support of affordable public transportation. A motion was made by Councilmember Padilla, seconded by Councilmember Diaz, that Resolution No. 2017-103 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Mayor Casillas Salas reported on the following recent events: the Escaya neighborhood opening, a Smart Cities forum at the City, a High Tech High School student presentation on gun violence, the openings of Therapy Specialists and an art studio, and her attendance at a recent meeting of the San Diego County Board of Supervisors to request funding to support community events. COUNCILMEMBERS’ COMMENTS Councilmember Padilla stated he took the oath of office for his seat on the Coastal Commission and spoke regarding the Commission's work. Deputy Mayor McCann spoke regarding the following recent events: a meeting of the Veteran's Home Foundation, the grand opening of a Super Walmart on H Street, and a Chula Vista Chamber of Commerce mixer. Page 8City of Chula Vista June 13, 2017City Council Meeting Minutes - Draft ADJOURNMENT At 7:19 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on June 20, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 9City of Chula Vista City of Chula Vista Staff Report File#:17-0318, Item#: 2. WRITTEN COMMUNICATIONS Letter of resignation from Brent Livingston, Board of Ethics. RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Printed on 7/20/2017Page 1 of 1 powered by Legistar™ Brent Livingston Office of the City Clerk 276 Fourth Ave., Bldg A Chula Vista, CA 91910 RE: Resignation To Whom It May Concern: Please accept my resignation from my duties as a member of the Chula Vista Board of Ethics effective today 18 July 2017. It has been a pleasure and a privilege to work with the smart folks on the board and to be a part of Chula Vista's governance. Sincerely, Brent Livingston City of Chula Vista Staff Report File#:17-0200, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT AT OTAY LAKES ROAD BETWEEN ALLEN SCHOOL LANE AND BONITA VIEW TERRACE APARTMENTS (1600 FEET NORTH OF CANYON DRIVE),AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Staff completed an Engineering and Traffic Survey (E&TS)for a segment of Otay Lakes Road in accordance with the California Vehicle Code.Based on the results of the E&TS,staff has determined that a 50 mile per hour (mph)speed limit should be established on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). 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 May 3,2017,unanimously concurred with staff’s recommendations to establish a 50 mph speed limit on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). DISCUSSION City of Chula Vista Printed on 7/20/2017Page 1 of 5 powered by Legistar™ File#:17-0200, Item#: 3. Background: The existing posted speed limit on Otay Lakes Road was established as follows: Segment A: 45 mph between Allen School Lane and Camino del Cerro Grande; and Segment B: 50 mph between Camino del Cerro Grande and Ridgeview Way; and Segment C:50 mph between Ridgeview Way and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). City staff completed an E&TS on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive).Since all three segments have the same roadway characteristics,they have been combined into one for determination of an appropriate speed limit. As described in the California Vehicle Code, the survey includes: (1)Prevailing speeds as determined by traffic engineering measurements; (2)Accident records; (3)Traffic/roadside conditions not readily apparent to the driver. 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. Speed limits posted higher than the 85th percentile speed are not generally considered reasonable and safe.Speed limits posted below the 85th percentile typically do not facilitate the orderly movement of traffic and considered to be “speed traps”and unenforceable.Only when roadside development results in traffic conflicts or unusual conditions not readily apparent to drivers can the 85 th percentile speed be further reduced by 5 mph. Speed limits established on the basis of the 85th percentile speed is considered to be the consensus of those who drive the street at a reasonable and safe speed,and is not dependent on the judgment of one or a few individuals.Based on the speed survey,the 85th percentile speed for segment A of Otay Lakes Road (Allen School Lane to Camino del Cerro Grande)is 52 mph.The 85th percentile speed for segments B (Camion del Cerro Grande to Ridgeview Way)is 52 mph.The 85th percentile speed for segment C (Ridgeview Way to Bonita View Terrace Apartments (1600 feet north of Canyon Drive))is 51 mph.The speeds were measured during the off-peak hours under normal driving conditions, as required per the MUTCD. Traffic Calming: The implementation of any effective traffic calming strategy begins with the establishment of speed limits that are supported by an approved ET&S.The ET&S establishes an illegally enforceable speed limit. Traffic calming consists of measures designed to encourage drivers to reduce their speed 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 asCity of Chula Vista Printed on 7/20/2017Page 2 of 5 powered by Legistar™ File#:17-0200, Item#: 3. and improve conditions for people living,walking and bicycling in a neighborhood.Devices such as speed humps,raised intersections and crosswalks,residential traffic circles,bulb-outs,narrow and reduced lanes have proven to be effective in cities throughout the country for calming and slowing traffic on some types of streets.Otay Lakes Road is a major roadway with a high volume of vehicles (over 31,000 average daily)and a collision rate significantly less than the statewide average.There are no readily apparent issues or history of accidents that would justify the use of the aforementioned calming measures. Physical Conditions The following information describes the existing conditions along the segment of Otay Lakes Road: ·Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive) ·Length/Width - 7,905 feet (1.5 miles) long and 78’ to 92’ wide. ·Street Classification - 4 Lane Major ·Existing Speed Limits - Posted 45 mph and 50 mph ·85%Percentile Speed:Segment A -52 mph,between Allen School Lane and Camino del Cerro Grande,Segment B -52 mph,between Camino del Cerro Grande and Ridgeview Way, Segment C-51 mph,between Ridgeview Way and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). ·Number of Lanes - 4 total lanes (two per direction) ·Striping -4 lanes,striped center median,right-turn and left-turn pockets,crosswalks and limit lines. ·Parking - No Parking along entire segment. ·Bike lanes, bus, and truck route - exist along both side of the roadway. ·Land Use - Residential area with no direct access to Otay Lakes Road. ·Horizontal Alignment -Horizontal Curve with a radius of 500’over a length of 302.5’along the centerline produces a design speed of 38 mph.A curve warning sign with an advisory speed of 40 mph exists in the northbound direction. ·Vertical Alignment -Crest Vertical Curve with a +8.0%to -2.17%grade change over 1,920’ along the centerline produces a design speed of 55 mph ·Accident Rate History -The accident rate at this segment is 0.08 accidents per million vehicle miles,which is lower than the rate of 1.47 for similar roadways in the State of California (2013). CONCLUSION: When speed limits are appropriately established (set at the 5 mph increment of speed in the upper half of the normal pace of traffic (85th percentile)) the following objectives are achieved: -Meaningful, unambiguous enforcement -Voluntary public compliance -Clear identification of the unreasonable violator -Elimination of unjustifiable “tolerances” of higher speed travel Based on the 85th percentile speed of the roadway,as well as a low collision rate outlined in theCity of Chula Vista Printed on 7/20/2017Page 3 of 5 powered by Legistar™ File#:17-0200, Item#: 3. Based on the 85th percentile speed of the roadway,as well as a low collision rate outlined in the E&TS,staff has determined that the speed limit on Otay Lakes Road should be revised/retained as follows and combined into one segment: ·Segment A- Allen School Lane to Camino de Cerro Grande, increase to 50 mph speed limit ·Segment B- Camino del Cerro Grande to Ridgeview Way, retain 50 mph speed limit ·Segment C -Ridgeview Way to Bonita View Terrace Apartments (1600 feet north of Canyon Drive), retain 50 mph speed limit The Safety Commission concurred with staff recommendations at the May 3,2017,Safety Commission meeting. Staff recommends that City Council establish the speed limits,and revise Schedule X of the register maintained in the office of the City Engineer to show the following: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street: Otay Lakes Road Beginning At: Allen School Lane Ending At: Bonita View Terrace Apartments (1600 feet north of Canyon Drive) Proposed Speed Limit: 50 mph DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember Patricia Aguilar has real property holdings within 500 feet of the boundaries of the property 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 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.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 City of Chula Vista Printed on 7/20/2017Page 4 of 5 powered by Legistar™ File#:17-0200, Item#: 3. 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 $4,000.The required work will be funded by TransNet funds associated with Capital Improvement Project,TF-332,Signing and Striping Program.Sufficient TransNet funding is available to cover program costs associated with TF-332. ONGOING FISCAL IMPACT The improvements will require only routine City maintenance. Attachments: 1.Location Map - Engineering Traffic Survey Segments 2.Existing and Proposed Speed Limits Map 3.Speed Survey 4.AAA Publication “Effective Speed Zoning Why and How” - Dated 2012 5.Ordinance Establishing Speed Limit on Otay Lakes Road Staff Contact: Muna Cuthbert, Senior Civil Engineer City of Chula Vista Printed on 7/20/2017Page 5 of 5 powered by Legistar™ LOCATION MAP ENGINEERING TRAFFIC SURVEY SEGMENTS SEGMENT A – Allen School Rd to Camino del Cerro Grande SEGMENT B – Camino del Cerro Grande to Ridgeview Wy SEGMENT C – Ridgeview Wy to Bonita View Terrace EXISTING AND PROPOSED SPEED LIMITS SEGMENTS B & C OTAY LAKES ROAD 50 MPH - EXISTING (4 LANE SEGMENT) OTAY LAKES ROAD 40 MPH - EXISTING (4 LANE SEGMENT) SEGMENT A OTAY LAKES ROAD 45 MPH – EXISITNG 50 MPH - PROPOSED (4 LANE SEGMENT) BONITA VIEW TERRACE APARTMENTS Effective Speed Zoning Why and How 3 Introduction 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. 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. 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 clearly 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 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. 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. SPEED ZONING – WHY? 4 SPEED ZONING – WHY? 5 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 Enforced.” 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. VEHICLE SPEED SURVEY SHEET STREET:_____________________________________________________________ DATE:__________________________ LOCATION:__________________________________________________________ WEATHER:_____________________ RECORDER:____________________________________ BEGIN TIME:_______________ END TIME:_______________ POSTED SPEED ZONE:________________________________ ROAD TYPE:__________________________________ DIRECTION: MPH 5 10 15 20 25 30 65 60 55 50 45 40 35 30 25 20 15 TOTAL NUMBER VEHICLES 100 CUMULATIVE PERCENTAGE PERCENTAGE OF TOTAL AVERAGE SPEED:________________________________________PACE SPEED:_______________________________ 85TH PERCENTILE (CRITICAL) SPEED:_____________________ % IN PACE:_________________________________ OTHER CONSIDERATIONS ACCIDENT HISTORY:_________________________________________________________________________________ UNUSUAL CONDITIONS:_____________________________________________________________________________ SIGNED:_______________________________________________DATE:________________________TIME:__________ SPEED ZONING – WHY? 6 What Does the Law Require? The CVC reflects the sensible viewpoint that speed zoning should be based upon an analysis of traffic conditions and natural driving behavior, not simply upon hasty or arbitrary responses to traffic events or high volumes of traffic in specific locations. Basic Speed Law All 50 states base their speed regulations upon the basic speed law: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed that endangers the safety of persons or property.” CVC 22350 The basic speed law is founded on the belief that most motorists will, on their own, adjust and modify their driving behavior properly, as long as they are aware of the conditions around them. It recognizes that driving conditions vary widely from time to time and place to place, and that no single set of driving rules adequately serves all conditions. Maximum Speed Limits In California, the maximum speed for any passenger vehicle is 65 mph, except for special freeway segments, where a higher speed limit might be posted. The maximum speed for most trucks and for vehicles towing trailers is 55 mph, unless posted otherwise. These are absolute limits, which may not be legally exceeded under any circumstances. Prima Facie Speed Limits All other speed limits are “prima facie” limits that, although not posted, are “on the face of it” reasonable and prudent under normal conditions. A driver may exceed a prima facie limit if prevailing conditions make it safe to do so. However, if a police officer issues a citation for exceeding a prima facie speed limit, the driver must prove that his or her actions did not compromise safety. Giving drivers the opportunity to exceed prima facie speed limits recognizes the fact that no posted speed limit can adequately reflect the many different conditions of traffic, weather, visibility, etc., that may be found on the same highway at different times. That is why police may also issue tickets to motorists driving under the speed limit if the weather or roadway conditions warrant a slower speed. SPEED ZONING – WHY? 7 The law also establishes certain blanket (or automatic) prima facie speed limits. They include a 15 mph limit in alleys, blind intersections, and at blind railroad crossings and a 25 mph limit in business and residential districts. A 25 mph (or, under certain conditions, 15 mph) prima facie limit also applies to roadways adjacent to schools, playgrounds in public parks, and senior centers when appropriate signs are in place. The CVC defines business and residential districts as areas meeting a specified minimum density of roadside development. A count of houses or active businesses facing a highway must be made to determine whether or not a valid business or residential district exists. The law does not require posting these prima facie limits, which are considered readily apparent. Intermediate Speed Zones State law permits local authorities to lower the maximum speed limit (65 mph) or raise business and residential district speed limits (25 mph) on the basis of engineering and traffic surveys. These “intermediate limits” between 25 and 65 mph must be posted to clearly define the limits of the zone. For law enforcement officers to enforce these intermediate speed limits using a device that measures and registers the speed of vehicles, such as a radar speed-measuring unit, the posted speed limit must be established in full compliance with state laws as defined in the CVC and the CA MUTCD. These intermediate speed zones are described in the next section. SPEED ZONING – HOW TO IMPLEMENT IT 8 Engineering and Traffic Survey 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: Location 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 (in 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. SPEED ZONING – HOW TO IMPLEMENT IT 9 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 peak 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 will 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. SPEED ZONING – HOW TO IMPLEMENT IT 10 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 for the 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 MUTCD. 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. SPEED ZONING – HOW TO IMPLEMENT IT Analyzing Speed Survey Field Data In selecting a reasonable speed limit, it’s important to consider two char- acteristics developed from prevailing speed data: the critical (85th percentile) speed and the pace. Critical (85th percentile) Speed 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. Selecting the Proper Speed Limit 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 make only a few additional drivers “legal” for each 5 mph that the posted speed limit is increased. However, speed limits set lower than 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. 11 12 0 20 40 60 10 20 30 40 50 60 70 80 90 100 PERCENT OF TOTAL OBSERVATIONSSPEED (MPH) LOCATION __________________ TIME_____________TO_______________ DIRECTION __________________ PRESENT SIGNED ZONE ________MPH DATE ________________________ NUMBER OF VEHICLES ______________100 CRITICAL SPEED (85%) 40.0 MPH MEDIAN SPEED34.4 MPH 10 MPH PACE73% IN PACECUMULATIVE SPEED CURVE SPEED ZONING – HOW TO IMPLEMENT IT Current California law regarding setting speed limits, as defined by the CVC and the CA MUTCD, 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: “It 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 SPEED ZONING – HOW TO IMPLEMENT IT 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 Myths and Facts about Speed, Speed Limits and Traffic Safety 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 on 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 Additional copies available upon request from PUBLIC AFFAIRS, TRANSPORTATION POLICY AND PROGRAMS AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA 3333 Fairview Road, A131 Costa Mesa, CA 92626 Copyright © 2012 Automobile Club of Southern California ORDINANCE NO. _________ ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT AT OTAY LAKES ROAD BETWEEN ALLEN SCHOOL LANE AND BONITA VIEW TERRACE APARTMENTS (1600 FEET NORTH OF CANYON DRIVE), AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) WHEREAS, staff completed an Engineering and Traffic Survey for segments of Otay Lakes Road in accordance with the California Vehicle Code, which indicates that the posting of speed limits be determined by an Engineering and Traffic Survey for each street with a posted speed limit within the City; and WHEREAS, as described in the California Vehicle Code, the speed survey 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 5 mph increment of the 85th percentile speed; and WHEREAS, based on the 85 th percentile speed of the roadway, as well as a low collision rate outlined in the Engineering/Traffic Survey, staff has determined that the speed limit on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive) should be established at 50 mph;and WHEREAS, on May 3, 2017, the City of Chula Vista Safety Commission concurred with staff’s recommendation; 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: I.ESTABLISH SPEED LIMIT That the speed limit on Otay Lakes Road be established and Schedule X of the register maintained in the office of the City Engineer be amended to reflect the revised speed limit as follows: Ordinance No. _________ Page 2 II.EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Approved as to form by ______________________________________________________ William S. Valle Glen R. Googins Director of Engineering and City Attorney Capital Projects/City Engineer 10.48.020 Schedule X – Established Speed Limits in Certain Zones – Designated Name of Street Beginning At Ending At Proposed Speed Limit Otay Lakes Road Allen School Lane Bonita View Terrace Apt. (1600 feet north of Canyon Drive) 50 mph City of Chula Vista Staff Report File#:17-0208, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TRAFFICWARE GROUP,INC.TO PROVIDE PROFESSIONAL SERVICES FOR THE INSTALLATION OF AN ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT (TF-389) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On August 25,2016,the City of Chula Vista Public Works/Engineering Division advertised a Request for Proposal (RFP)for professional services to install an adaptive traffic control system at existing signalized intersections and corridors.On October 19,2016,six proposals were received,and, following the review/interview process,staff selected Trafficware Group,Inc.as the most qualified firm amongst those submitting. 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 On April 29,2013,Caltrans Division of Local Assistance announced Cycle 6 Call for Projects for the Highway Safety Improvement Program (HSIP).This Call for Projects was targeted for approximately $150 million of federal HSIP based on the estimated programming capacity in the 2013 Federal Statewide Transportation Improvement Program (FSTIP). The Highway Safety Improvement Program (HSIP),codified as Section 148 of Title 23,United States Code (23 U.S.C.§148)remains as one of the core federal-aid programs in the new federal surface transportation act,“Moving Ahead for Progress in the 21st Century”(MAP-21),which was signed into law on July 6,2012.The specific provisions of the HSIP are defined in Section 1112 of MAP-21.The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious City of Chula Vista Printed on 7/20/2017Page 1 of 4 powered by Legistar™ File#:17-0208, Item#: 4. purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. On July 23,2013,the City of Chula Vista responded to the Call for Projects for HSIP Cycle 6 by submitting an application to improve intersection safety through enhanced signal timing operations by proposing to install an adaptive signal control system and retime existing signals.On November 20, 2013,the City of Chula Vista submission for HSIP Cycle 6 was granted,awarding $609,500 in federal dollars.Subsequently,appropriation of federal funds through San Diego Association of Governments (SANDAG)was not approved until December 15,2014.Upon receipt of funds,City Staff initiated the project the following year. Our proposed project,under HSIP Cycle 6,includes installation of an adaptive traffic control system and retiming of signals along East H Street,Otay Lakes Road,and Telegraph Canyon Road.The proposed project requires specialized equipment and services. The scope of services includes: §Furnishing and Installation of Adaptive Traffic Control System and Equipment §Before and After Traffic Study §Turn-On Support §Field Observation and Signal Timing Optimization §System Training §System Documentation §Field and Technical Maintenance Support On August 25,2016,the City of Chula Vista Public Works/Engineering Division solicited Request for Proposals (RFP)and received six (6)submissions on October 19,2016.The following firms responded to the RFP: §McCain, Inc., Transparity Adaptive §Rhythm Engineering, InSync §TransCore, SCATS §Kimley-Horn, KITS Adaptive §Aegis, Centracs Adaptive §Trafficware Group, SynchroGreen Adaptive A selection committee was formed to score and rank the consultant proposals in accordance with City Purchasing Guidelines,Chula Vista Municipal Code Section 2.56.110,and Caltrans Local Assistance Procedures. The Selection Committee evaluated each proposal and interviewed the top three ranked submissions.Interviews consisted of an eight week product evaluation and demonstration including a two-hour interview from the panel.Following this process,the Selection Committee determined Trafficware Group, Inc. as the best qualified firm to undertake the services. Therefore,staff recommends awarding the contract to Trafficware Group,Inc.for the professional services needed for the installation and integration of an adaptive traffic control system in the City of Chula Vista.Trafficware Group,Inc.was selected upon having the best all-around adaptive traffic control system and demonstrating a clear and comprehensive project work plan with key personnel City of Chula Vista Printed on 7/20/2017Page 2 of 4 powered by Legistar™ File#:17-0208, Item#: 4. meeting the qualifications and experience required for the project. By approving this resolution,the City Council authorizes the Mayor to sign the Agreement on behalf of the City with Trafficware Group,Inc.The Cost,Scope of Services,and Time Limits for Delivery of Deliverables are detailed in the attached 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.The project supports two of the five major goals,Operational Excellence and Strong and Secure Neighborhoods.The proposed project will achieve these goals by leveraging advance intelligent transportation technologies which aim to improve the operational efficiency of traffic signals;thus,creating an enhanced transportation infrastructure appealing to communities to continually live,work,and play in the City of Chula Vista.In addition,the deployment of these adaptive traffic control systems will include the installation of advanced transportation controllers which can accommodate vehicle-to- infrastructure (V2I) technologies in support of our autonomous vehicle proving ground efforts. CURRENT YEAR FISCAL IMPACT Sufficient HSIP and Traffic Signal Funds are available in CIP TF-389 for completion of services associated with this project. ONGOING FISCAL IMPACT Upon expiration of the three-year maintenance and support agreement established within the Consultant contract,funding for ongoing software maintenance costs beyond year three will be identified as part of the annual Engineering & Capital Projects Department’s budget. ATTACHMENTS Attachment 1: Two-Party Agreement with Trafficware Group, Inc. Attachment 2: Project Location Map City of Chula Vista Printed on 7/20/2017Page 3 of 4 powered by Legistar™ File#:17-0208, Item#: 4. Staff Contact: Muna Cuthbert, Senior Civil Engineer City of Chula Vista Printed on 7/20/2017Page 4 of 4 powered by Legistar™ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A405C938\@BCL@A405C938.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TRAFFICWARE GROUP, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE INSTALLATION OF AN ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT (TF-389) WHEREAS, the City of Chula Vista Capital Improvement Program (“CIP”) Project TF- 389 was selected by the Highway Safety Improvement Program Cycle 6 and was awarded federal funding under Federal Statewide Transportation Improvement Plan (FSTIP), Federal Project No. HSIPL 5203 (041), Caltrans Adv Project ID 1115000111; and WHEREAS, the project consists of furnishing, installing, and integrating Trafficware Group Inc.’s SynchroGreen real-time adpative traffic control technology at 28 existing signalized locations to enhance signal operations along East H Street from Hidden Vista Drive to Baron Way, Otay Lakes Road from Bonita Vista Middle School Driveway to Telegraph Canyon Road, Telegraph Canyon Road from Canyon Plaza Commercial Driveway to Otay Lakes Road, and Paseo Ranchero from East H Street to Telegraph Canyon Road; and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.080 for “professional services”, advertised on August 25, 2016 for Request for Proposals; and WHEREAS, on October 19, 2016, the City of Chula Vista Public Works/Engineering Division received six (6) proposals. The following firms responded to the RFP: McCain, Inc., Transparity Adaptive Rhythm Engineering, InSync TransCore, SCATS Kimley-Horn, KITS Adaptive Aegis, Centracs Adaptive Trafficware Group, Inc., SynchroGreen Adaptive WHEREAS, after careful consideration of consultant qualifications and experience, and based on a scoring system developed for this purpose, the Selection Committee, appointed by the Director of Public Works determined Trafficware Group, Inc. as the most qualified firm; and Resolution No. Page 2 WHEREAS, Trafficware Group, Inc. was selected based upon having the best all-around adaptive system and demonstrating a clear and comprehensive project work plan with key personnel meeting the qualifications and experience required for the project for the professional services needed for the installation and integration of an adaptive traffic control system; and WHEREAS, 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. 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 and Trafficware Group, Inc. to provide professional services for the installation of an adaptive traffic control system (TF-389), in the form presented, with such minor modifications as may be required or approved by the City Attorney; BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the Mayor, or the Mayor’s authorized representative, to execute the contract and that a copy of such contract shall be kept on file in the Office of the City Clerk Presented by William S. Valle Director of Engineering & Capital Projects Approved as to form by Glen R. Googins City Attorney 1 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH TRAFFICWARE GROUP, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE INSTALLATION OF ADAPTIVE TRAFFIC CONTROL SYSTEM IN THE CITY OF CHULA VISTA (TF-389) This Agreement is entered into effective as of July 25, 2017 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Trafficware Group, Inc., A Texas Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista Capital Improvement Program (“CIP”) Project TF-389 was selected by the Highway Safety Improvement Program Cycle 6 and was awarded federal funding under Federal Statewide Transportation Improvement Plan (FSTIP), Federal Project No. HSIPL 5203 (041), Caltrans Adv Project ID 1115000111; and WHEREAS, the project consists of furnishing, installing, and integrating Trafficware’s SynchroGreen real-time adpative signal control technology to 28 existing signalized locations to enhance signal operations along East H Street from Hidden Vista Diver to Baron Way, Otay Lakes Roadd from Bonita Vista Middle School Driveway to Telegraph Canyon Roadd, Telegraph Canyon Road from Canyon Plaza Commercial Driveway to Otay Lakes Roadd, and Paseo Ranchero from East H Street to Telegraph Canyon Road; and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.080 for “professional services”, advertised on August 25, 2016 for Request for Proposals, received 6 proposals on October 19, 2016, and selected Trafficware Group, Inc. as the most qualified amongst those submitting in accordance with Chula Vista Municipal Code Section 2.56.110 and Caltrans Local Assistance Procedures Manual (LAPM) Chapter 10, and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant 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 Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all 3 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for 4 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must 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 provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that 5 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. 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. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), 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 Consultant, its officials, officers, employees, agents, and contractors (collectively, the “Consultant Parties”), arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the active negligence, sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant Parties or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by 6 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 7 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall 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 be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 8 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related 9 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed 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. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All 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 at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 11 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Jerard Madrigal 276 Fourth Ave Building B (619) 476-2355 jmadrigal@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: TRAFFICWARE GROUP, INC. 522 Gillingham Sugar Land, TX 77478 (281) 240-7233 dustinhinds@trafficware.com For Legal Notice Copy to: Dustin Hinds 522 Gillingham Sugar Land, TX 77478 (415) 215-7007 dustinhinds@trafficware.com 2. Required Services A. General Description: To provide professional services to furnish, install, and integrate Trafficware’s SynchroGreen real-time adaptive signal control system to 28 existing signalized intersections (see attached Location Map). Caltrans – Local Assistance Procedure Manual Requirements: Exhibit 10-R followed, it shall be part of the contract requirements. However, if there are any discrepancies, the stricter rules and regulations shall govern. Also, Exhibits 10-I, 10-K, and 10-O2 are attached and all part of the agreement/contract requirements. 12 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 B. Detailed Description: Please see attached project schedule and fees table for more information. Task 1: Project Management & Preliminary Site Assessment The vendor shall schedule a project kickoff meeting with project stakeholders. During this meeting, project scope, schedule, personnel and overall expectations shall be reviewed. Additional meetings will be conducted prior to system implementation and SynchroGreen activation, as well as after the system is operational (post implementation). The vendor shall also conduct bi-weekly meetings via conference call with City of Chula Vista staff to provide progress updates. Attendance at any preconstruction meetings is included in this task. The vendor shall submit an Acceptance Test Plan and allow the City to review and comment. A Post Implementation meeting shall be schedule that allows the agency to comment on system operations and performance once the system is online. The Post Implementation meeting shall also allow the agency to present any “punch list items”. The vendor shall inventory the traffic control infrastructure in detail. The vendor shall also obtain uploads or printouts of current signal timing (signal timing sheets) from the City of Chula Vista. This preliminary assessment task shall involve a site visit to every intersection along project corridors. The objective of the site visits is to verify existing conditions and equipment at each of the project locations. The City is expected to perform detection modifications at most of the 28 intersections along project corridors. During this process, the vendor is expected to provide support to City Staff in review of existing detection equipment and provide recommendations for detection modifications of equipment or layout as required for each project location. Detection review support shall also include a review of technical specifications for detection and a review of proposed signal improvement plans provided by the City. Task 1 Deliverables • Kickoff Meeting (Task 1.2) • Status Meetings (Task 1.3) • Acceptance Test Plan (Task 1.4) • Traffic Signal Inventory (Task 1.5) • Review and Recommend Modifications to Existing Detection (Task 1.6) • Preconstruction Meetings (Task 1.7) • Fee Items: C.4 (Refer to Fee Schedule) • Post Implementation Meeting (Task 1.8) Task 2: Furnishing & Integration of Adaptive Signal System and Equipment 2070 Trafficware Controllers: Prior to 2070 Trafficware controller installation, the vendor shall load all converted and approved intersection databases onto 2070 Trafficware controllers and test controller units in traffic signal cabinets at their facility. Upon successful completion of this bench test, the vendor shall ship the controllers to the City of Chula Vista, labeling the controller with corresponding intersection name labels and IDs. The vendor shall then install 2070 13 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 traffic controllers at all intersections included as part of this project (28 intersections). In addition to the 28 controller units to be installed in the field, the vendor shall deliver two (2) additional spare controller units to the City’s Corporation Yard located at 1800 Maxwell Road. Trafficware Controller Programming: The vendor shall convert existing timing plans using provided signal timing sheets to the Trafficware v.76 database format. The vendor shall ensure that basic signal timing, coordination settings, phase sequencing, preemption, detection, auxiliary connections, etc., are maintained during the database conversion process. All converted databases shall be presented to the City for approval before they are downloaded to traffic controllers. Once converted database are approved, the vendor shall construct the SynchroGreen central server database and test both controller databases and the SynchroGreen database in a virtual environment. The vendor shall present recommended SynchroGreen settings to the City prior to system activation and allow the City time to provide comments. The vendor shall present an activation plan, detailing the time of the initial system activation and the staff involved. The City shall be allowed a review period for all submittals and shall review any submitted documents within five (5) business days. Server Procurement, Installation: The vendor will procure and deliver a server to operate the SynchroGreen system, however, physical server installation and initial configuration of the server (particularly network settings and VPN remote access) is expected to be performed by the City’s IT department. Once configuration is completed, the vendor shall install all necessary software to operate SynchroGreen. Software includes the SynchroGreen Central Server Software and ATMS.now – SynchroGreen interface module. The vendor shall configure all requisite software, including Microsoft SQL server. Installation may be performed remotely, while a vendor representative is onsite. The vendor’s representative shall also install the Client Application on all required City workstations, laptops, etc. The vendor shall coordinate with the City’s IT department as requested. The vendor shall be provided with remote access for the duration of the project. Task 2 Deliverables • Intersection Database Conversion to Trafficware v.76 Format (Task 2.1) • Program SynchroGreen Central Server Database and Settings (Task 2.2) • SynchroGreen Activation Plan (Task 2.3) • Manufacture 2070 Controllers (Task 2.4) • Load Controller Databases, Bench Test and Deliver 2070 Controllers (Task 2.5) • Fee Items: C.2 (Refer Fee Schedule) • Fee Items: A.2, A.3 (Refer to Fee Schedule) • Deliver Hardware Server for SynchroGreen (Task 2.6) • Fee Items: A.4 (Refer to Fee Schedule) • Server Installation (City of Chula Vista) (Task 2.7) • SynchroGreen Central Server Software, Client Applications and ATMS.now (Task 2.8) • Fee Items: A.1 (Refer to Fee Schedule) • Fee Items: C.3, H.1, H.2, H.3 (Refer to Fee Schedule) 14 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 Task 3: System Activation and Adjustments Field installation of 2070 Trafficware controllers shall consist of the vendor’s subcontractor to swap-out the existing controller unit with a new Trafficware 2070 controller unit, ensuring all cables and connectors are secured and intersection operations are replicated compared to existing operations. Swapping of existing controllers with new Trafficware 2070 Controllers shall be in coordination with City’s Contractor during construction. The controller swap process is expected to last only a few minutes, and will require that the intersection be put into “flash”. This task may be performed at night if requested by the City. Once each controller has been swapped, the vendor shall verify operations in the field, detection (vehicle and pedestrian), as well as any preemption, special functions, etc. The City shall provide any traffic control necessary when traffic signals are in “flash” due to controller swap outs. Once the SynchroGreen Central Server and Trafficware Controller have been successfully installed, the vendor shall activate the SynchroGreen system. During system activation, vendor staff shall be onsite and meet with the City prior to activation to discuss the process and to address any requests or concerns. Once activation has been granted, the vendor shall place staff at various points throughout the project corridor(s) to monitor traffic operations and then activate the system. Once the system has been successfully activated, the vendor shall begin adjusting SynchroGreen settings based on observations and measurements from system detection. The adjustment period may last up to two (2) weeks. System operations shall be observed by engineers during AM, Mid-day (off-peak) and PM Peak Periods on weekdays, as well as one (1) weekend. The vendor shall summarize system observations in a memorandum, and document specific SynchroGreen strategies applied to alleviate congestion in critical areas. The memorandum shall describe the situation, the actions taken, and results that occurred. The vendor shall ensure SynchroGreen will be configured to achieve optimal detection performance and shall coordinate with the City’s Contractor on detection related issues. Task 3 Deliverables • Install 2070 Trafficware Controllers and Verify Operations (Task 3.1) • SynchroGreen Activation (Task 3.2) • SynchroGreen Observations/System Adjustments (Task 3.3) • SynchroGreen Observations Memorandum (Task 3.4) • Fee Items: A.5, D.1 (Refer to Fee Schedule) Task 4: Before-After Traffic Study The vendor shall perform both “Before” and “After” travel time runs on project corridors. The Before travel time runs shall be performed after the preliminary assessment, while the After travel time runs shall be performed after the conclusion of the system adjustment period, approximately 30 days after system activation. All travel time runs shall be performed using the floating car method with GPS equipped video camera equipment. Travel time, delay, average travel speed and number of stops (performance measures) shall be collected as part of these studies. All data shall be collected on average weekdays while school is in session (Tuesday, Wednesday or Thursday), unless unexpected project delays occur and travel times must be collected when school is not in session. No side street travel runs shall be assumed. The number of travel time runs shall 15 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 be determined based on an 80% level of confidence. After performance of the After travel time runs, the vendor shall prepare an evaluation report. Task 4 Deliverables • Before Travel Time Runs (Task 4.1) • After Travel Time Runs (Task 4.2) • Evaluation Report (Task 4.3) • Fee Items: B.1 (Refer to Fee Schedule) Task 5: Training Formal training shall be provided once the SynchroGreen system is online. The vendor shall provide a minimum of five (5) days of system training over a 4 week period as detailed in the attached Trafficware SynchroGreen Training Agenda. The vendor shall provide all materials and supplies for the training. Materials and supplies shall include copies handouts and training manuals which cover the scope of required topics detailed in the Trafficware SynchroGreen Training Agenda. The vendor shall provide documentation for the adaptive traffic control system. This documentation shall consist of a user manual and any pertinent technical documentation related to the system. All documentation shall be available electronically and shall be installed with adaptive software package. At least two (2) hard copies shall be provided to the City. Task 5 Deliverables • SynchroGreen Local Controller Software Training and Documentation (Task 5.1) • SynchroGreen Central Server/ATMS.now Software Training and Documentation (Task 5.2) • Fee Items: E.1, F.1 (Refer to Fee Schedule) Task 6: System Verification The vendor shall be onsite during system verification and work with the City to complete the agreed-upon Acceptance Test Plan. If discrepancies are discovered during system verification and acceptance testing, the vendor shall provide comments, recommendations and/or actions to remedy the discrepancy. The vendor shall be provided a 30-day remedy period for any tests requiring remedy or additional testing. Task 6 Deliverables • Complete Acceptance Testing (Tasks 6.1 and 6.2) • Line Items: C.1 (Refer to Fee Schedule) Task 7: System Acceptance & Software Maintenance Agreement After successfully completing the Verification testing, the City shall provide written acceptance of the SynchroGreen system. The maintenance and support (warranty) period shall begin upon acceptance. The vendor shall provide all warranty and documentation related to system components procured as part of this project. 16 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 Task 7 Deliverables • Warranty Documentation (Task 7.1) • System Acceptance (City of Chula Vista) (Task 7.2) • Fee Items: G.1, G.2, G.3 (Refer to Fee Schedule) 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin the work after notification to proceed issued by the City and end on or after eight months from the start of work date unless extended by written approval issued by the City for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For performance of all of the Required Services by Consultant as herein required, City shall pay a not-to-exceed fee of $604,932.55 plus $30,000 in contingencies for a total of $634,932.55, upon completion of all Required Services to City’s satisfaction. For the completion of each Deliverable of the Required Services, as identified in Section 2.B., above, City shall pay the fixed fees associated with each Deliverable, in the amounts set forth Task No. Deliverable Amount Task 2: Furnishing of Adaptive Signal System and Equipment  Task A.1: SychroGreen Intersection License & Central Server Software (28 Intersections)  Task A.2: Trafficware Model 2070C Traffic Controller  Task A.3: Transit Signal Priority Controller Software  Task A.4: Server for Central Server Software  Task C.2: Traffic Controller Programming and Testing  Task C.3: Central System and Workstation Installation  Task H.1: Street Sync Laptop Partner  Task H.2: SynchroGreen Virtual Test Tool  Task H.3: Customized Timing Sheet $523,859.00 Task 3: System Activation and Adjustments  SynchroGreen Activation  Task D.1: Field Observation and Signal Timing Adjustments  Review Detection for Optimal SynchroGreen Performance  Task A.5: SynchroGreen Configuration and Integration (28 Intersections) $24,900.00 Task 4: Before-and-After Traffic Study  Task B.1: Before and After Traffic Study and Write Up $13,611.00 Task 5: Training  Task E.1: SynchroGreen Training (5 day)  Task F.1: User Manual with at least 2 hard copies and electronic copy $10,000.00 Task 7: System Acceptance and Software Maintenance  Year 1, 2, & 3 Software Maintenance Agreement  Warranty Documentation $25,200.00 17 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 Agreement Total Cost: $604,932.55 B. Reimbursement of Costs ☐ None, the compensation includes all costs AND Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through shall not exceed . If the City exercises its option to extend the Agreement, the amount to be paid to the Consultant for services provided during the term of that extension shall not exceed . If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during the initial and optional extension periods shall not exceed 5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL INSTRUCTIONS. ☒ Permitted Sub-Consultants: Southwest Traffic Systems, Inc. and Urban System Associates, Inc. ☐ Security for Performance: None ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. ☐ None 18 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: 19 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 EXHIBIT 10-R Caltrans – Local Assistance Procedure Manual Requirements Exhibit 10-R followed, it shall be part of the agreement/contract requirements. However, if there are any discrepancies, the stricter rules and regulations shall govern. 20 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 EXHIBIT 10-R ADDITIONAL CONTRACT TERMS AND PROVISIONS ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. ARTICLE VIII RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to 21 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. ARTICLE X SUBCONTRACTING A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY’S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract Administrator prior to the start of work by the subconsultant(s). ARTICLE XI EQUIPMENT PURCHASE A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: “CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. 22 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 ARTICLE XII STATE PREVAILING WAGE RATES A. CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING A. CONSULTANT certifies to the best of his or her knowledge and belief that: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. 23 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 ARTICLE XVI STATEMENT OF COMPLIANCE A. CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. 24 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 ARTICLE XVIII FUNDING REQUIREMENTS A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Exhibit C, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE XIX CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator. C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY’s Contract Administrator. ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is_____1___%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate. D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section. E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f). 25 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors. G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator. K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within 30 days. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. 26 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XXIV SAFETY A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE XXVI OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY. CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine- readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR 27 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this contract. C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. ARTICLE XXXI RETENTION OF FUNDS A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant 28 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. . 29 City of Chula Vista Agreement No.: 17052 Consultant Name: Trafficware Group, Inc. Rev. 10/3/16 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1- 866-ASK -FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jerard Madrigal 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). ID Task NameDuration Week Start Week Finish1Task 1. Project Management & Preliminary Site Assessment152 daysWeek 1Week 2921.1 Notice to Proceed1 dayWeek 1Week 131.2 Project Kickoff Meeting1 dayWeek 1Week 141.3 Bi‐Weekly Progress Meeting121 daysWeek 5Week 27181.4 Acceptance Test Plan15 daysWeek 5Week 8191.5 Preliminary Inventory/Field Assessment3 daysWeek 3Week 3201.6 Final Detection Recommendations2 daysWeek 4Week 4211.7 Preconstruction Meeting1 dayWeek 4Week 422PAY ITEM C.4: Preconstruction Meetings1 dayWeek 4Week 4231.8 Post Implementation Meeting1 dayWeek 31Week 3124Task 2. Furnishing & Integration of Adaptive Signal System and Equipment  91 daysWeek 1Week 1252.1 Intersection Database Conversion15 daysWeek 4Week 7262.2 Program SynchroGreen Databases5 daysWeek 8Week 9272.3 SynchroGreen Activation Plan5 daysWeek 10Week 11282.4 Manufacture Controllers60 daysWeek 5Week 17292.5 Bench Test and Deliver Controllers10 daysWeek 17Week 1930PAY ITEM C.2: Traffic Controller Programming and Testing1 dayWeek 19Week 1931PAY ITEM A.2, A.3: Various Items1 dayWeek 22Week 22322.6 Server Procurement30 daysWeek 4Week 1033PAY ITEM A.4: Server for Central Server Software1 dayWeek 10Week 10342.7 Server Installation/Configuration (City)15 daysWeek 10Week 13352.8 SynchroGreen Central Software Installation2 daysWeek 13Week 1336PAY ITEM A.1: SG Int. License & Central Server Software w/ Integration1 dayWeek 22Week 2237PAY ITEM C.3, H.1, H.2, H.3: Various Items1 dayWeek 13Week 1338Task X. Detection Procurement, Installation and Configuration70 daysWeek 5Week 2439X.3 Detection Configuration/Modify Existing Detection (City)70 daysWeek 6Week 2040Task 3. System Activation and Adjustments 40 daysWeek 26Week 28413.1 Install Controllers10 daysWeek 19Week 21423.2 SynchroGreen Activation3 daysWeek 21Week 2143PAY ITEM A.5: SynchroGreen Configuration and Integration1 dayWeek 22Week 22443.3 Field Observations/System Adustments10 daysWeek 22Week 2445PAY ITEM D.1: Field Observation and Signal Timing Adjustments1 dayWeek 25Week 25463.4 SynchroGreen Observations Memorandum10 daysWeek 25Week 2747Task 4. Before and After Traffic Study71 days484.1 Before Travel Time Runs5 daysWeek 15Week 16494.2 After Travel Time Runs5 daysWeek 24Week 25504.3 Evaluation Report15 daysWeek 26Week 2951PAY ITEM B.1: Before and After Study and Writeup (Report)1 dayWeek 29Week 2952Task 5. Training6 daysWeek 30Week 30535.1 SynchroGreen Local Controll Software Training2 daysWeek 28Week 28545.2 SynchroGreen Central Server/ATMS Training3 daysWeek 28Week 2955PAY ITEM E.1, F.1: SynchroGreen Training1 dayWeek 29Week 2956Task 6. System Verification21 daysWeek 31week 34576.1 System Acceptance Testing10 daysWeek 29Week 31586.2 Acceptance Testing Resolution10 daysWeek 31Week 3359PAY ITEM C.1: Accpetance Test and Integration Test Plan and Testing1 dayWeek 33Week 3360Task 7. System Acceptance & Software Maintenance Agreement7 daysWeek 38Week 38617.1 Warranty Documenation2 daysWeek 33Week 33627.2 System Acceptance1 dayWeek 34Week 3463PAY ITEM G.1, G.2, G.3: Various Items1 dayWeek 34Week 34Month 1Month 2Month 3Month 4Month 5Month 6Month 7Month 8Chula Vista, CA SynchroGreen Deployment ScheduleWed 5/3/17 City of Chula Vista Fees TASK ACTIVITY QTY EXT COST NOTES $0.00 C.4 Preconstruction Meetings 2 $832.00 2 preconstruction meetings with city staff prior to deployment $523,859.00 A.1 SynchroGreen Intersection License & Central Server Software (per intersection)28 $420,980.00 Includes SynchroGreen Intersection License and Central Server Software A.2 Trafficware Model 2070C Traffic Controller 30 $88,500.00 2070 Controllers include the following modules: 1C, 2E, 3E and 4A Note: V76 Patriot Local Controller Software also included A.3 Transit Signal Priority Controller Software 30 $6,000.00 To Include Transit Signal Priority Controller Software for all controllers A.4 Server for Central Server Software 1 $8,243.00 Dell Model R730 Server C.2 Traffic Controller Programming and Testing 28 $20,216.00 Includes database conversion and controller exchange by Southwest Traffic C.3 Central System and Workstation Installation $0.00 No charge for Central System or unlimited client workstation installations H.1 Street Sync Laptop Partner 1 $24,000.00 Includes Street Sync Laptop Partner central module along with 5 laptop licenses (laptop not included) H.2 SynchroGreen Virtual Test Tool 1 $5,000.00 Custom Chula Vista SynchroGreen virtual test program tool H.3 Customized Timing Sheet 1 $10,000.00 To be completed outside of project during warranty period. $24,900.00 D.1 Field Observation and Signal Timing Adjustments 1 $5,000.00 Field observations by Trafficware and Urban Systems Assoc. traffic engineers, also includes Technical Memorandum A.5 SynchroGreen Configuration and Integration (per intersection)28 $22,400.00 Includes SynchroGreen Intersection and Configuration $13,611.00 B.1 Before and After Field Study and Write Up 1 $13,611.00 Independently performed by Urban Systems Assoc for 28 locations $10,000.00 E.1 SynchroGreen Training (per day)5 $10,000.00 Includes 5 days onsite classroom & field training F.1 User manual with at least 2 hard copies and electronic copy $0.00 No charge for hard copy and electronic user manuals $0.00 C.1 Acceptance and Integration Test Plan and Testing $0.00 No charge for Acceptance Testing and Integration Testing, included with system $25,200.00 G.1 Year 1: Software Maintenance Agreement 28 $0.00 No charge for 1st year Software Maintenance Agreement, included G.2 Year 2: Software Maintenance Agreement 28 $14,000.00 Year 2 Software Maintenance Agreement charge G.3 Year 3: Software Maintenance Agreement 28 $14,000.00 Year 3 Software Maintenance Agreement charge Sub-Total Cost $597,570.00 Sales Tax: 8.25% (on hardware only, A.2 & A.4) $7,362.55 Grand Total $604,932.55 Task 4: Before-After Traffic Study Total Cost Section Task 1: Project Management & Preliminary Site Assessment Task 3: System Activiation and Adjustments Task 6: System Verification Task 7: System Acceptance & Software Maintenance Agreement Task 5: Training Task 2: Furnishing & Integration of Adaptive Signal System and Equipment 5/3/2017 1 of 1 Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com Trafficware SynchroGreen Training Agenda Day 1 Traffic Controller Software (9:00 AM – 4:00 PM) I. General Overview of Training Course • Overview of Day 1 • Learning Objectives II. Overview of Controller Basic Operational Features • Naztec Controller Platform v76 Overview • Major Controller Highlights i. NTCIP Database – Cross Platform (NEMA/2070) ii. 16 Phases/16 Overlaps/4 Rings iii. 64 Detectors iv. 48 Timing Patterns v. Standard Coordination (Fixed/Floating Force offs) vi. SynchroGreen adaptive capabilities vii. Manual Pattern Override viii. Preempts with High/Low priority ix. Ethernet Capable III. Interface & Navigation • Controller Menu Simulator i. NTCIP Compliant Database IV. Database Initialization • Run Timer • Overview of the process of initializing controller database i. None, STD 8, User, etc. V. Basic Controller Operation • Rings, Sequences & Concurrency i. Emphasis on STD 8 ii. Barriers iii. Output Channels • Phase Times - Definitions & Illustrations i. Min Green, Gap,Ext, Yellow, Red, Max 1, Max 2, Walk, Ped Clear ii. Ranges iii. Minimums for Yellow and All-Red • Phase Options - Definitions & Illustrations i. Recalls ii. Lock Calls iii. Auto Flash Entry/Exit iv. Dual Entry v. Simultaneous Gap Out vi. Rest in Walk • Utility to Copy Phases and Timing LUNCH (12:00 PM – 1:00PM) VI. Detection • Vehicle Parameters/Illustrations • Pedestrian Parameters/Illustrations Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com • Detector Configuration • Detector Delays and Extensions • Detector Calling and Sourcing • Detector Status Screen, Definition and Interpretation of Terms • Detector Diagnostics—Interpretation of Fault Messages and How to Correct VII. Channel Outputs and Mapping • Channel Types • Channel Flash Parameters • Channel I/O Parameters • MMU Permissive i. MMU Permissive Diagnostic Utility • Misc Channel programming • SDLC Device programming • Clearing Critical SDLC Faults • SDLC Status Display Questions & Answers Day 2 (9:00 AM – 4:00 PM) VIII. Review of Training Day 1 • Questions and Answers IX. Overview of Training Day 2 • Learning Objectives X. Unit Parameters and Ring Sequences • Unit Parameters i. Start Up Flash ii. Phase Mode iii. Auto Ped Clear iv. Free Ring Sequence v. TS 2 Detector Faults vi. SDLC Retry vii. Cycle Fault Action viii. Manual Control Enable Timeout ix. Others • Ring Sequence XI. Time-Base Scheduling (For Standard Coordination) • NTCIP Time of Day Scheduler • Programming Time/Date • Advanced Scheduler • Easy Scheduler • Day Plan Table • Action Table • Time Base Parameters i. Daylight Savings ii. Time Base Synch Reference • Time Base Status • Special Function Programming XII. Basic Coordination • Theory of Basic Coordination Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com i. Timing Plans (Cycle, Split, Offset) ii. Common Cycle Length iii. Direction of Flow iv. Green Band v. Pattern Definitions (Transitions, Offset Referencing) • NTCIP Coordination i. Pattern Definitions • Coordination Modes i. Test Op Mode ii. Correction Mode iii. Maximum iv. Force-Off (Fixed vs. Floating) v. Modes + • Coordination Mode Source Hierarchy (SynchroGreen=System Command) • Pattern Definitions i. Cycle Length ii. Offset • Split Definitions i. Split Number ii. Sequence Number iii. Split Tables • Transition i. Short, Long, Dwell ii. No Short Phases • Coordination Status Display • Coordination Diagnostics and Faults LUNCH (12:00 PM – 1:00PM) XIII. Hands-On Exercise • Programming a Controller – Example Problem and Data Entry XIV. Preemption • Theory & Definition • Operation i. High Priority Preemptions ii. Low Priority • Preemption Times • Preemption Phases i. Track Clearance Phase ii. Dwell Phase • Options • Functions & Features • Parameters • Low Priorities Question & Answers END OF DAY 2 Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com Day 3 – ATMS.now/SynchroGreen Interface (9:00 AM – 4:00 PM) I. Introduction and General Overview • Goals and Objectives of Training Session II. Basic Overview • Starting ATMS.now/SynchroGreen • Client Application layout • Client Views i. List View ii. Map View • Basic Modules i. Home Module Overview a. Search Engines ii. Definitions Module Overview iii. Reports Module Overview iv. SynchroGreen (to be covered Day 4) III. ATMS.now/SynchorGreen - Intersection Setup • Define a Controller i. List View ii. Map View • View a Controller • Edit a Controller i. Single Controller a. Phase Entries b. Unit Parameters c. Detector Assignments d. Channel Assignments ii. Multiple Controllers • Copy/Paste by row, columns, table, or entire database • Using filters and tab folders • Controller Online/Offline IV. Database Management • Database File System (Tech Note 3020) i. Permanent File ii. Standard File iii. Upload File iv. Special Files • Database Upload • Saving Upload file to Standard and Permanent • Database Download • Download with Verify • Download No Verify • Database Compare i. Differences Highlighted in Red LUNCH (12:00 PM – 1:00PM) V. Real-Time Screens • Choose Intersection(s) Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com • Scan Screen Tabs i. General ii. Coordination iii. Detector iv. Alarms v. Aerial vi. Front Panel • Add Intersection • Device and Event Locations • Adding Data Points i. Data Point Options a. Symbols b. Parameter c. Value d. Color • Using Map View to Zoom VI. Intersection Control Group • Assigning Controllers to Groups i. Control Group ii. Flex Group VII. Scheduler • Setting up Scheduled Events • Type of Event i. Full Status ii. Real-Time Clock • Selection By i. Controller ii. Group iii. Flex Group • Scheduled Interval • Time and Date Range VIII. Reports Module • Report Name and Category • Report Search Engine i. Controller ID ii. Controller Name iii. Database File • Sample Reports i. Controller Communication Report ii. Controller Pattern Report iii. Detector Failure Report iv. Flex Group Report v. Turning Movement Report (Tabular and Graphic) vi. Volume/Occupancy Reports vii. Timing Sheet Reports Questions & Answers END OF DAY 3 Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com Day 4 – SynchroGreen Operations (9:00 AM – 4:00 PM) I. Module • Goals and Objectives of Training Session • SynchroGreen Topology • Detection Design II. SynchroGreen Algorithm Overview • Green Utilization Explained • Phase Allocation Calculations • Period Calculations • Start Time Calculations • Strategies for Coordination III. Intersection Software/Database Setup • Adaptive Pattern Configuration • Split Table Configuration • Test Procedures • Misc. Coordination Settings • Detection Configuration and Channel Assignment IV. Central Server Software Configuration • SynchroGreen Central Server Software Application • SynchroGreen Interface • Supplemental Web Interface Application V. SSM Menu Structure and Settings • Database Settings • Scheduler • Status VI. SSL Menu Structure and Settings (Important!) • Database Settings • Scheduler • Status LUNCH (12:00 PM – 1:00PM) VII. SynchroGreen Supervisor • Types of Triggers • Syntax VIII. Initial System Settings and Configuration IX. SynchroGreen Interface, Tools and Reports X. SynchroGreen Troubleshooting and Calibration XI. One-on-One with System Operators Questions & Answers END OF DAY 4 Day 5 – SynchroGreen Field Adjustments (9:00 AM – 4:00 PM) I. Field Exercise 1 • Split and Cycle Adjustments Trafficware 522 Gillingham Sugar Land, TX 77478 281-240-7233 281-240-7238 Fax Trafficware.com • Adjustments for too much time • Adjustments for too little time II. Field Exercise 2 • Coordination Adjustments • Vehicles arrive too early • Vehicles arrive too late • Crossing arterials • Static Cycle and Reference Point settings III. Field Exercise 3 • SynchroGreen Supervisor • Ramp Triggers • Volume/Occupancy Triggers • Communications Fault Triggers • Detection Fault Triggers LUNCH (12:00 PM – 1:00PM) IV. Field Exercise 4 • Detection Adjustments • Detector Calibration Factors • Max Utilization • Smoothing Factors V. Module • Goals and Objectives of Training Session • SynchroGreen Topology • Detection Design Questions & Answers END OF DAY 5 Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information Page 1 of 3 LPP 13-01 May 8, 2013 EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Contract of ____________% OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT  The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.  The term “Agreement” also means “Contract.”  Agency also means the local entity entering into this contract with the Contractor or Consultant.  The term “Small Business” or “SB” is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information Page 2 of 3 LPP 13-01 May 8, 2013 B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http://www.dot.ca.gov/hq/bep/. 1. Click on the link in the left menu titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Query Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information Page 3 of 3 LPP 13-01 May 8, 2013 purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System Page 1 of 2 LPP 15-01 January 14, 2015 EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA-OB 13-07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http://www.dot.ca.gov/hq/LocalPrograms/DLA_OB/DLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: _____________________________________________________ Indirect Cost Rate: __$0.00__________ * for fiscal period _____2017______________________ *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: ____________________________________ Contract Number: _______________________ Project Number: _________________________ I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm’s ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $________________________ and the number of states in which the firm does business is ________. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: IT TechPros, Inc. City of Chula Vista, California 17052 TF-389 0.00 1 Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System Page 2 of 2 LPP 15-01 January 14, 2015 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 – Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on-call contract): $ ____________________ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ ___N/A_____________ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): _______________________________________ $_____________________ _______________________________________ $_____________________ _______________________________________ $_____________________ _______________________________________ $_____________________ _______________________________________ $_____________________ Consultant Certifying (Print Name and Title): Name: ________________________________________________________________________ Title: _________________________________________________________________________ Consultant Certification Signature **: ______________________________________________ Date of Certification (mm/dd/yyyy): _______________________ Consultant Contact Information: Email: ______________________________________________________________ Phone number: _______________________________________ **An individual executive or financial officer of the consultant’s organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&I and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files 10,258.16 Kathy David President & CEO 04/28/2017 kdavid@it-techpros.com 888-484-7767 x 100 or 760-670-5697 City of Chula Vista Staff Report File#:17-0281, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REQUEST OF A $1,400,000 DISBURSEMENT FROM THE CHULA VISTA BILLBOARD RESERVE FUND HELD IN TRUST BY SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS)TO FUND ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENTS IN THE CITY OF CHULA VISTA;AMENDING THE FISCAL YEAR 2017-18 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT,“ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES (TF-409)”;AND APPROPRIATING $1,400,000 TO THE CAPITAL IMPROVEMENT FUND BASED ON REVENUE ASSOCIATED WITH SAID BILLBOARD FUNDS TO TF-409 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista’s Engineering & Capital Projects Department requests a $1,400,000 disbursement from the “Chula Vista Billboard Reserve Fund” (Fund) held in trust by San Diego Metropolitan Transit System (MTS). This fund will be used to establish a new CIP Project (TF-409) which will fund the deployment of advanced transportation and congestion management technologies in the City of Chula Vista (City). ENVIRONMENTAL REVIEW 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. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of an administrative funding solicitation without the assurance that these funds will be procured for future projects.Once the funding is obtained and the projects clearly defined,then,additional environmental review will be conducted and the appropriate determination will be made.Therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA.Thus,no environmental review is required. BOARDS/COMMISSION RECOMMENDATION City of Chula Vista Printed on 7/20/2017Page 1 of 3 powered by Legistar™ File#:17-0281, Item#: 5. Not applicable. DISCUSSION On September 21,1999,an agreement establishing the “Chula Vista Billboard Reserve Fund”(Fund) was entered into between the City and the Metropolitan Transit Development Board (MTDB)now known as the San Diego Metropolitan Transit System (MTS).The Fund is held in trust by MTS and funded by the lease revenues from billboard owners located in the MTS right-of-way along Interstate 5 within the City of Chula Vista.The Fund was intended to be used by the City on projects which benefit mass transit within the City. Staff is requesting MTS to transfer $1,400,000 from the Fund to the City for deployment of advanced transportation and congestion management technologies to improve safety,efficiency,and transit system performance.Through a Multimodal Integrated Corridor Management (ICM)approach,the City will manage corridors by installing adaptive signals,transit signal priority (TSP),and other traffic signal improvement technologies.This multimodal system will allow traffic engineering staff to make operational and safety decisions for the benefit of the corridor as a whole.Staff has identified the high priority corridors of:Broadway,H Street,Main Street,and Third Avenue for the implementation. These technologies will provide information,notifications,and alerts in accessible formats to assist all users (including transit users)navigate safely through intersections including providing contextual information for situational awareness. Once approved,the resolution and request of Billboard Reserve Funds will be forwarded to MTS Board for their approval of disbursement as required by the attached agreement. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial 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 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.The project supports two of the five major goals,Operational Excellence and Strong and Secure Neighborhoods.The proposed project will achieve these goals by leveraging advance intelligent transportation technologies which aim to improve the operational efficiency of traffic signals;thus,creating an enhanced transportation infrastructure appealing to communities to continually live,work,and play in the City of Chula Vista.In addition,the deployment of these adaptive traffic control systems will include the installation of advanced transportation controllers which can accommodate vehicle-to- infrastructure (V2I) technologies in support of our autonomous vehicle proving ground efforts. City of Chula Vista Printed on 7/20/2017Page 2 of 3 powered by Legistar™ File#:17-0281, Item#: 5. CURRENT YEAR FISCAL IMPACT Approval of the Resolution will create CIP Project (TF-409)Advanced Transportation and Congestion Management Technologies and appropriate $1,400,000 in Billboard Reserve Funds to TF-409. The resolution and request of Billboard Reserve Funds will be forwarded to MTS Board for their approval of disbursement of $1,400,000 in Billboard Reserve Funds as required by the agreement.The audited fund balance in the MTS Chula Vista Billboard Reserve Funds as of June 30,2016 was $1,489,234.After disbursement of the $1,400,000,the estimated remaining balance will be $89,234. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine maintenance. ATTACHMENTS 1.Agreement dated September 21, 1999 Staff Contact: Muna Cuthbert, Senior Civil Engineer City of Chula Vista Printed on 7/20/2017Page 3 of 3 powered by Legistar™ RESOLUTION NO. 2017-____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REQUEST OF A $1,400,000 DISBURSEMENT FROM THE CHULA VISTA BILLBOARD RESERVE FUND HELD IN TRUST BY SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) TO FUND ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENTS IN THE CITY OF CHULA VISTA; AMENDING THE FISCAL YEAR 2017-18 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT, “ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT TECHNOLOGIES (TF-409)”;AND APPROPRIATING $1,400,000 TO THE CAPITAL IMPROVEMENT FUND BASED ON REVENUE ASSOCIATED WITH SAID BILLBOARD FUNDS TO TF-409 (4/5 VOTE REQUIRED) WHEREAS, on September 21, 1999, an agreement was entered between the City of Chula Vista and Metropolitan Transit Development Board (MTDB) which is now known as San Diego Metropolitan Transit System (MTS); and WHEREAS, at that time, MTS developed a “Chula Vista Billboard Reserve Fund” (Fund) which is funded by the lease revenues from billboard owners; and WHEREAS, MTS has maintained this revenue Fund to be disbursed to the City of Chula Vista; and WHEREAS, this revenue shall be held in trust by MTS for use by the City of Chula Vista on projects which benefit mass transit occurring within the City right-of-way; and WHEREAS, staff is requesting $1,400,000 from the Fund to fund the deployment of an advanced transportation and congestion management technologies in the City of Chula Vista, to improve safety, efficiency, transit system performance, and infrastructure return on investment; and WHEREAS, through a Multimodal Integrated Corridor Management (ICM) approach, the City will manage the corridors by installing adaptive signals and transit signal priority (TSP), and other traffic signal improvement technologies as a multimodal system and make operational and safety decisions for the benefit of the corridor as a whole; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the request of the $1,400,000 disbursement from the Chula Vista Billboard Reserve Fund held in trust by San Diego Metropolitan Transit System (MTS) to fund advanced transportation and congestion management technologies deployments in the City of Chula Vista. Resolution No. ______ Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it amends the FY 2017-18 CIP Program Budget and establishes a new CIP Project TF-409, “Advanced Transportation and Congestion Management Technologies” and appropriates $1,400,000 to the CIP category of the CIP Fund with offsetting revenue to TF-409. Presented by Approved as to form by ______________________________________________________ William S. Valle Glen R. Googins Director of Engineering and Capital Projects City Attorney City of Chula Vista Staff Report File#:17-0229, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $275,076 FROM THE U.S.DEPARTMENT OF HOMELAND SECURITY,AUTHORIZING THE FIRE DEPARTMENT TO PURCHASE RADIO DISPATCH CONSOLE EQUIPMENT FROM MOTOROLA SOLUTIONS,INC.BASED ON THE COUNTY OF SAN DIEGO’S CONTRACT NUMBER 553982 PRICING AND TERMS,AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego Office of Homeland Security,who administers the Urban Area Security Initiative (UASI),has notified the City of Chula Vista of fiscal year 2015 UASI additional funding.The Urban Area Security Initiative addresses the unique planning,organization,equipment,training,and exercise needs of high-threat,high-density urban areas.This additional funding will be used to purchase and replace fire radio dispatch console equipment. ENVIRONMENTAL REVIEW 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. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION One of the core missions of the U.S.Department of Homeland Security is to enhance the ability of state,territory,local,and tribal governments to prevent,protect against,mitigate,respond to,and recover from acts of terrorism and other disasters.As first responders to emergency incidents,the Police,Fire and Public Works Departments have benefited greatly from several Federal Homeland Security Grants.The fiscal year 2015 Urban Area Security Initiative (FY2015 UASI)provides funding for the continued development of readiness and operational response capacity of Police and Fire first City of Chula Vista Printed on 7/20/2017Page 1 of 3 powered by Legistar™ File#:17-0229, Item#: 6. for the continued development of readiness and operational response capacity of Police and Fire first responder personnel.UASI grant administrators from the California Governor’s Office of Emergency Services (Cal OES)have approved the expenditure plan for equipment,planning and training needs of the City.The spending plan was submitted in advance of funding approval in accordance with grant requirements.Grant funds are restricted as to how they can be spent and cannot supplant normal budgetary items for the City. The specific spending plan for these funds is as follows: Radio Dispatch Console System equipment upgrade The San Diego County Sheriff’s Department manages the San Diego County-Imperial County Regional Communications System (RCS)radio network that serves the majority of public safety (Law Enforcement and Fire)and public service (transportation,schools)users in the region.In coordination with all agencies,RCS staff is in the planning stages to upgrade the regional public safety communications system.UASI funding in the amount of $275,076 has been identified,for the City of Chula Vista Fire Department,to purchase P25 compatible radio dispatch console equipment.Each agency is responsible for the procurement and maintenance of console equipment.The County of San Diego conducted a competitive procurement for a new regional communications system and the contract was awarded to Motorola Solutions,Inc.The contract includes equipment and services to replace radio dispatch console systems.The Fire Department is requesting to piggyback off the County’s contract #553982 with Motorola Solutions,Inc.to procure the equipment and services necessary to replace four radio dispatch consoles.The collaboration with RCS staff and participating agencies has been instrumental in this major communications upgrade. Fire Department staff recommends the City Council of the City of Chula Vista,accept the $275,076 funding from the U.S.Department of Homeland Security,authorize the Fire Department to purchase radio dispatch console equipment from Motorola Solutions,Inc.via the County of San Diego’s contract number 553982 and appropriate said funds to the capital category of the Federal Grants fund for the Urban Area Security Initiative (UASI). DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial 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 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 resolution supports the goal of Strong and Secure Neighborhoods by enhancing the readiness and operational response capacity of emergency first responder personnel. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $275,076 to the capital category of the Federal Grants Fund.The funding from the U.S Department of Homeland Security will City of Chula Vista Printed on 7/20/2017Page 2 of 3 powered by Legistar™ File#:17-0229, Item#: 6. completely offset these costs. Therefore, there is no net fiscal impact to the City. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS Resolution Contract Information Proposal Staff Contact: Madeline Smith, Harry Muns City of Chula Vista Printed on 7/20/2017Page 3 of 3 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $275,076 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE FIRE DEPARTMENT TO PURCHASE RADIO DISPATCH CONSOLE EQUIPMENT FROM MOTOROLA SOLUTIONS, INC. BASED ON THE COUNTY OF SAN DIEGO’S CONTRACT NUMBER 553982 PRICING AND TERMS AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE WHEREAS, the San Diego Office of Homeland Security, who administers the Urban Area Security Initiative (UASI), has notified the City of Chula Vista of fiscal year 2015 UASI additional funding; and WHEREAS, the Urban Area Security Initiative addresses the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas; and WHEREAS, grant funds from the Urban Area Security Initiative are restricted as to how the funding can be spent and cannot supplant normal budgetary items for the City; and WHEREAS, the fiscal year 2015 UASI additional funding will purchase equipment and installation services, the equipment will be located and used at City of San Diego Fire Dispatch to dispatch City of Chula Vista Fire Department first responders; and WHEREAS, the equipment funding includes four P25 compatible radio dispatch consoles to upgrade the current dispatch consoles; and WHEREAS, The County of San Diego conducted a competitive procurement for a new regional communications system and established contract number 553982 with Motorola Solutions, Inc. as a result of the competitive procurement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts $275,076 from the U.S. Department of Homeland Security, authorizes the Fire Department to purchase radio dispatch console equipment from Motorola Solutions, Inc. based on the County of San Diego’s contract number 553982 pricing and terms and appropriates said funds to the capital category of the federal grants fund for the Urban Area Security Initiative. Presented by Approved as to form by Jim Geering Glen R. Googins Fire Chief City Attorney TO ACCESS THE COUNTY’S RADIO COMMUNICATIONS SYSTEM REPLACEMENT CONTRACT WITH MOTOROLA SOLUTIONS, INC. PLEASE DO THE FOLLOWING: Go to this website: http://www.sandiegocounty.gov/content/sdc/purchasing/documentum-contract-search.html Enter Contract #:553982 Open the PDF file with “Document Name” Contract dated 6-27-16 Note: It will take a while to download because the contract is over 1000 pages. MCC7500 CONSOLEPROPOSAL PROPOSAL CHULA VISTA FIRE The design, technical, pricing, and other information (“Information”) furnished with this submission is proprietary information of Motorola Solutions, Inc. (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2016 Motorola Solutions, Inc. All rights reserved. 1. Solution Overview.......................................................................................................5 2. System Description....................................................................................................8 2.1 MCC 7500 Solutions Overview.........................................................................8 2.2 Console Connectivity.........................................................................................10 2.3 Elements of the MCC 7500................................................................................11 2.4 Additional Equipment........................................................................................12 2.5 Equipment List....................................................................................................13 3. Implementation Plan..................................................................................................15 3.1 Statement of Work.............................................................................................15 3.2 Project Schedule................................................................................................19 3.3 Acceptance Test Plan.......................................................................................19 4. Lifecycle Support Services.......................................................................................20 5. Pricing...........................................................................................................................21 6. Contractual Documentation......................................................................................23 TABLE OF CONTENTS Harry Muns Director of Operations 447 F Street Chula Vista, California 91910 RE: Motorola Solutions MCC7500 Console Proposal Dear Deputy Chief Muns, Motorola Solutions, Inc. (Motorola Solutions) appreciates the opportunity to provide the Chula Vista Fire quality communications equipment and services. Motorola Solutions' project team has taken great care to propose a solution to address your needs and provide exceptional value. The proposed solution includes a combination of hardware, software and services. Specifically, this solution provides 4 MCC 7500 Dispatch Console operator positions, 1 Logging Recorder Interface Box and related equipment, as well as the implementation and warranty services needed to support them. This proposal is subject to the terms and conditions of the existing contract 553982 between County of San Diego and Motorola Solutions, dated June 27, 2016, and shall remain valid for a period of 60 days from the date of this letter. Motorola Solutions would be pleased to address any concerns the City may have regarding the proposal. Any questions can be directed to Andy Grimm, Motorola Representative at 858.864.3660, (agrimm@daywireless.com). Our goal is to provide Chula Vista Fire with the best products and services available in the communications industry. We thank you for the opportunity to present our proposed solution, and we hope to strengthen our relationship by implementing this project. Sincerely, Jerry Burch Area Sales Manager MOTOROLA SOLUTIONS, INC. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 4 SECTION 1 SOLUTION OVERVIEW Motorola’s proposed dispatch solution for Chula Vista Fire features our MCC 7500 Dispatch Console, offering IP- based seamless connectivity between Chula Vista’s dispatch operators and field personnel. MCC 7500 Console Configuration for Chula Vista Fire The proposed solution includes four (4) MCC 7500 Dispatch Consoles and one logging recorder interface box designed to interface with the existing San Diego County Regional Communication System (RCS) and the future Next Genertation RCS. All of the dispatch positions will be located at the City of San Diego Fire’s dispatch center. The proposal details the functionality of the following included components. Chula Vista Fire located at City of San Diego Fire MCC 7500-based dispatch site: - (4) MCC 7500 Operator Positions, each with the following components: •(1) small form factor PC •(1) MCC 7500 Voice Processor Modules (VPM) •(2) Headset Jacks •(1) Headset Base with PTT and 15 Foot Cord •(1) Wired Headset •(2) Desktop Speakers •(1) Dual Pedal Footswitch •(1) Dual IRR with license, sound card and speaker - (1) MCC 7500 1 VPM only Operator Position for Recording only, each with the following components: •(1) Standard Certified PC •(1) MCC 7500 Voice Processor Modules (VPM) Each position licensed for the following capabilities: •MCC 7500 trunking radio operation •MCC 7500 advanced conventional radio operation •AES Encryption •MCC 7500 Over the Ethernet Keying (OTEK) - (2) Motorola GGM 8000 Gateways - (2) Site Ethernet LAN Switches - (1) MKM 7000 Console Alias Manager Small Form Factor Workstation MCC 7500 Console Operator Positions connect directly to the radio system’s IP transport network through the site LAN Switch and Gateway. Audio processing, encryption, and switching intelligence for dispatch is performed within each software-based operator position, without additional centralized electronics. MCC 7500 consoles function as integrated components of the entire radio system, enabling full participation in system level features such as end-to- end encryption and agency partitioning. Operator position hardware proposed consists of a personal computer, keyboard and mouse, speakers, audio accessories and a VPM. The VPM allows analog devices to be connected to the digital console. The low-profile VPM May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 5 can be rack mounted, furniture mounted or placed on the desktop. The MCC 7500 console does not require separate configuration or performance management equipment. The console system is configured and managed by the radio system’s configuration manager, fault manager and performance reporting applications to provide the customer with a single point for configuring and managing the entire radio system. Aliases for Radio PTT IDs may be managed both locally and centrally in the same system to provide agencies sharing an ASTRO 25 radio system with the flexibility to meet their alias management needs. The VPM Only MCC7500 consists of all the licensing as a standard console position, however consists of only a standard certified workstation and VPM and will be utilized for recording purposes only. GGM8000 Gateway Designed to provide a clear demarcation point between your existing IP network architecture and ASTRO 25 systems, the GGM 8000 Gateway is a multi-purpose network communications platform, constructed to interconnect devices and networks within ASTRO 25 systems. The need for special protocols, including multicast, are eliminated with static tunnels through your backhaul network. The easy serviceable design allows all internal modules to be replaced without removing the chassis from the rack. Motorola manages the firmware, configurations and applications to ensure the highest levels of system integrity, performance, and information assurance compliance. Dual Gateways have been provided to ensure dispatch functionality is not completely lost in the event of a Gateway failure. LAN Switch The site LAN switch provides LAN interfaces for dispatch site equipment and a LAN port for the link to the core site. Through the switch, service technicians can access the system’s configuration manager and service the equipment. Dual LAN switches have been provided to ensure dispatch functionality is not completely lost in the event of a LAN switch failure. MKM 7000 Console Alias Manager The Motorola MKM 7000 Console Alias Manager (CAM) manages the radio unit ID aliases that are displayed on MCC 7500 consoles. It enables agencies that are sharing a radio system to make changes to the aliases that are displayed on their dispatch positions and logging recorders (if applicable), without affecting the aliases displayed on the dispatch positions and logging recorders of other agencies on the system. A typical dispatch console uses many types of aliases to make it easier for dispatchers to do their jobs by providing meaningful, descriptive names instead of numeric ID numbers for different resources on the console. For example, aliases are used for: •Trunking talkgroups and conventional channels •Aux I/Os •Frequencies on multi-frequency conventional channels •PL codes on conventional channels using PL •Preconfigured pages •Radio unit IDs (also called radio PTT IDs) Most of these aliases are defined when the console is first installed and rarely or never change. But, radio unit IDs can change more often and thus need a way to easily make changes. The MKM 7000 Console Alias Manager satisfies this need. The CAM will be installed in a downstairs equipment room and can be accessed remotely from dispatch computers via a web browser. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 6 2620-24 SITE SWITCH 1 CHULA VISTA FD @ CITY FIRE DISPATCH CENTER GGM 8000 SITE GATEWAY 1 SAN DIEGO COUNTY ASTRO 25 MASTER SITE EXISTING SD FIRE NRX LOGGER (CUSTOMER PROVIDED) 2620-24 SITE SWITCH 2 GGM 8000 SITE GATEWAY 2 MCC 7500 (QTY 2) MCC 7500 (QTY 2) MCC 7500 VPM & WORKSTATION FOR AUDIO LOGGING (QTY 1) Legend: New equipment Two (2) Ethernet Site Links (San Diego County Provided) Existing equipment MKM 7000 CAM May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 7 SECTION 2 SYSTEM DESCRIPTION 2.1 MCC 7500 SOLUTIONS OVERVIEW Motorola's proposed dispatch solution for the Chula Vista Fire is our MCC 7500 Dispatch Console, offering IP-based seamless connectivity between Chula Vista Fire's dispatch operators and field personnel. The MCC 7500 Dispatch Console will provide Chula Vista Fire with a scalable and flexible system architecture, sophisticated network management and security, and an easy migration to future capabilities. See the figure titled "MCC 7500 Dispatch Console." Figure 1: MCC 7500 Dispatch Console. The proposed Console includes a small form factor PC, headset, speakers, keyboard, mouse, and Voice Processor Module The proposed solution for Chula Vista Fire includes 4 MCC 7500 Dispatch consoles at Chula Vista Fire Department plus 1 VPM and Standard Certified PC for recording purposes. The following table summarizes the proposed console equipment and peripherals included in our proposal. All licenses necessary for operation have also been included as part of the solution. Motorola is providing the standard MCC7500 platform and has not included customization such as interfaces to broadcast through in-house intercom systems or routing of audio to all dispatch locations. Motorola has included AES encryption with each of the dispatch positions. Table 1: Summary of Proposed Equipment Quantity Description 4 Operator Positions Personal Computer Voice Processor Module Headset Jack Headsets Desktop Speakers Footswitch Additional Equipment and Software May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 8 Quantity Description Console LAN Switch Console Site Router MKM 7000 Console Alias Manager Instant Recall Recorder VPM and Standard Certified PC for Logging Audio May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 9 2.2 CONSOLE CONNECTIVITY The proposed MCC 7500 Dispatch consoles will connect into the ASTRO 25 master site at PSC Master Site. A conceptual diagram of the proposed console connectivity has been provided in Figure 1-2. Figure 2: System connectivity for proposed solution. The solution will rely on Ethernet links provided by San Diego County for backhaul connectivity to the PSC Master Site. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 10 2.3 ELEMENTS OF THE MCC 7500 Figure 3: MCC 7500 Dispatch Console Components As proposed to Chula Vista Fire, each MCC 7500 Dispatch console includes the following elements: Personal Computer (PC) The small form factor personal computer included with the console position runs Microsoft Windows 7. Headset Jack The dispatch console supports two headset jacks, both push-to-talk (PTT) and non-PTT-enabled for simultaneous use by the dispatch operator and a supervisor. The headset jack contains two volume controls for the separate adjustment of received radio and telephone audio. Headset The proposed headset consists of two elements. The headset base includes an audio amplifier, a push-to-talk switch, and a long cord that connects with the dispatch console. The headset top consists of the earpiece and microphone, as well as a short cable that connects to the headset base. Voice Processor Module (VPM) The secure VPM provides vocoding and audio processing for the dispatch console, and also serves as the hub for the console's speakers, microphone, footswitch, headset jacks, and recorders. Footswitch Each dispatch console includes a dual pedal footswitch that can be configured to control general transmit and monitor functions Headset Port The telephone/headset port allows the connection of an external telephone to the dispatch console, allowing the operator to use a single headset to communicate on both the radio system and a telephone system Desktop Speakers Two audio speakers have been included with each console position and can be configured to transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self-contained unit, with individual volume controls and can be placed on a desktop, or mounted on a rack or computer display. Instant Recall Recorder (IRR) Port The IRR port enables the connection of a short-term audio recorder, which allows the recording and playback of recent audio received by the console. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 11 2.4 ADDITIONAL EQUIPMENT Per your request, we have included the following additional items to extend the functionality of the MCC 7500 to meet Chula Vista Fire's needs. MKM 7000 Console Alias Manager The MKM 7000 manages the display of radio unit ID aliases on the dispatch console. It enables agencies to manage their radio unit ID aliases independently and autonomously without requiring a network manager client at the dispatch center. The MKM 7000 also supports aliases for radio unit IDs for ASTRO 25 trunking systems, ASTRO 25 conventional systems, MDC 1200 conventional systems, Advanced Securenet conventional systems, and SmartX- enabled SmartZone or SMARTNET systems. Instant Recall Recorder The Dual Instant Recall Recorder (IRR) software allows users to record two channels, radio, telephone, radio and telephone conversations, digitally on a personal computer. The system uses an individual PC where the recording files are stored on the PC’s hard drive. The Instant Recall Recorder keeps a database of all recordings, which allows for convenient "point and click" search and playback of any recordings. Once the software is installed on your PC, the functions are controlled through a Graphical User Interface (GUI) icon. In addition, the Instant Retrieval Recorder has numerous special features; such as the ability to attach text documents to recordings, a security system, multiple playback (which allows the user to playback more than one recording at the same time), and real time audio monitor (which allows the user to listen to the last ten minutes of a recording in progress without being required to stop recording to be able to listen). The Instant Retrieval window allows the user to immediately access the recordings. The Instant Retrieval window initially opens on the newest recordings, but allows access to any recordings on the system. The recording can also be saved to the .WAV file that the user specifies. This is useful if the user wants to save a specific recording to a CD or hard disk. The City will be responsible to coordinate with the telephone company to provide the 911 telephone audio circuit for each position to be interfaced to the dispatch position's sound card. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 12 2.5 EQUIPMENT LIST Please see the attached equipment list for the proposed solution. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 13 SUB SYS BLOCK LIST ID LIM O APC QTY NOMENCLATURE DESCRIPTION UNIT LIST (USD)EXT LIST (USD) Chula Vista FD MCC 7500 1 -443 1 B1905 MCC 7500 ASTRO 25 SOFTWARE 250.00$ 250.00$ Chula Vista FD MCC 7500 2 -443 4 B1933 MOTOROLA VOICE PROCESSOR MODULE 11,920.00$ 47,680.00$ Chula Vista FD MCC 7500 2 a 443 4 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE 12,000.00$ 48,000.00$ Chula Vista FD MCC 7500 2 b 443 4 CA01643AA ADD: MCC 7500 / MCC 7100 TRUNKING OPERATION 5,000.00$ 20,000.00$ Chula Vista FD MCC 7500 2 c 443 4 CA01644AA ADD: MCC 7500 /MCC 7100 ADV CONVL OPERATION 3,000.00$ 12,000.00$ Chula Vista FD MCC 7500 2 d 443 4 CA00147AF ADD: MCC 7500 SECURE OPERATION 3,250.00$ 13,000.00$ Chula Vista FD MCC 7500 2 e 443 4 CA00182AB ADD: AES ALGORITHM 750.00$ 3,000.00$ Chula Vista FD MCC 7500 2 f 443 4 CA01220AA ADD: OTEK Operation 3,350.00$ 13,400.00$ Chula Vista FD MCC 7500 2 g 443 4 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN -$ -$ Chula Vista FD MCC 7500 3 -708 4 SMALLCOMPUTER Small Form Factor Computer 2,950.00$ 11,800.00$ Chula Vista FD MCC 7500 4 -877 4 T7448 WINDOWS SUPPLEMENTAL FULL CONFIG 50.00$ 200.00$ Chula Vista FD MCC 7500 5 -443 8 B1912 MCC SERIES DESKTOP SPEAKER 450.00$ 3,600.00$ Chula Vista FD MCC 7500 6 -443 8 B1913 MCC SERIES HEADSET JACK 200.00$ 1,600.00$ Chula Vista FD MCC 7500 7 -706 4 RLN6098 HDST MODULE BASE W/PTT, 15' CBL 210.00$ 840.00$ Chula Vista FD MCC 7500 8 -706 4 RMN5078B SUPRAPLUS NC SINGLE MUFF HEADSET 149.00$ 596.00$ Chula Vista FD MCC 7500 9 -708 4 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH FOR USE WITH MOTOROLA MCC 7500 DISP 290.00$ 1,160.00$ Chula Vista FD MCC 7500 10 -708 4 T7885 MCAFEE WINDOWS AV CLIENT 165.00$ 660.00$ Chula Vista FD MCC 7500 11 -229 4 DDN2089 DUAL IRR SW USB HASP WITH LICENSE (V47)2,648.00$ 10,592.00$ Chula Vista FD MCC 7500 12 -229 4 DDN2134 SOUND BLASTER AUDIGY FX PCIE SOUND CARD 75.00$ 300.00$ Chula Vista FD MCC 7500 13 -708 4 CDN6673 CREATIVE LABS INSPIRE A60 46.00$ 184.00$ Chula Vista FD Logging 14 -443 1 B1933 MOTOROLA VOICE PROCESSOR MODULE 11,920.00$ 11,920.00$ Chula Vista FD Logging 14 a 443 1 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE 12,000.00$ 12,000.00$ Chula Vista FD Logging 14 b 443 1 CA01643AA ADD: MCC 7500 / MCC 7100 TRUNKING OPERATION 5,000.00$ 5,000.00$ Chula Vista FD Logging 14 c 443 1 CA01644AA ADD: MCC 7500 /MCC 7100 ADV CONVL OPERATION 3,000.00$ 3,000.00$ Chula Vista FD Logging 14 d 443 1 CA00147AF ADD: MCC 7500 SECURE OPERATION 3,250.00$ 3,250.00$ Chula Vista FD Logging 14 e 443 1 CA00182AB ADD: AES ALGORITHM 750.00$ 750.00$ Chula Vista FD Logging 14 f 443 1 CA01220AA ADD: OTEK Operation 3,350.00$ 3,350.00$ Chula Vista FD Logging 14 g 443 1 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN -$ -$ Chula Vista FD Logging 15 -708 1 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE)2,950.00$ 2,950.00$ Chula Vista FD Logging 16 -877 1 T7448 WINDOWS SUPPLEMENTAL FULL CONFIG 50.00$ 50.00$ Chula Vista FD Logging 17 -708 1 T7885 MCAFEE WINDOWS AV CLIENT 165.00$ 165.00$ Chula Vista FD SWITCH 18 -147 2 CLN1856 2620-24 ETHERNET SWITCH 2,250.00$ 4,500.00$ Chula Vista FD ROUTER 19 -147 2 SQM01SUM0205 GGM 8000 GATEWAY 4,200.00$ 8,400.00$ Chula Vista FD ROUTER 19 a 147 2 CA01616AA ADD: AC POWER -$ -$ Chula Vista FD CAM 20 -443 1 BVN1013 MKM 7000 Console Alias Manager Software 250.00$ 250.00$ Chula Vista FD CAM 21 -708 1 SMALLCOMPUTER Small Form Factor Computer 2,950.00$ 2,950.00$ Chula Vista FD CAM 22 -708 1 DSTG191 TECH GLOBAL EVOLUTION SERIES 19INCH NON TOUCH 1,398.00$ 1,398.00$ Chula Vista FD CAM 23 -877 1 T7448 WINDOWS SUPPLEMENTAL FULL CONFIG 50.00$ 50.00$ Chula Vista FD CAM 24 -708 1 T7885 MCAFEE WINDOWS AV CLIENT 165.00$ 165.00$ Chula Vista FD RACK 25 -207 2 DSTSJ100BT SPD, RJ-48 8 PIN, 10/100 BASE T TSJ PROTECTS/PASSES ON ALL 8 PIN 118.00$ 236.00$ Chula Vista FD RACK 26 -207 1 DSTSJADP RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS 85.00$ 85.00$ Total 249,331.00$ May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 14 SECTION 3 IMPLEMENTATION PLAN 3.1 STATEMENT OF WORK Motorola will install and configure the proposed equipment. The following table describes the tasks involved with installation and configuration. Table 2: Project Tasks and Responsibilities Tasks Motorola Solutions Chula Vista Fire Contract Finalization and Team Creation Execute contract and distribute contract documents. Assign a Project Manager as a single point of contact. Assign resources. Schedule project kickoff meeting. Deliverable: Signed contract, defined project team, and scheduled project kickoff meeting. Project Administration Ensure that project team members attend all meetings relevant to their role on the project. Record and distribute project status meeting minutes. Maintain responsibility for third-party services contracted by Motorola Solutions. Complete assigned project tasks according to the project schedule. Submit project milestone completion documents. Upon completion of tasks, approve project milestone completion documents. Conduct all project work Monday thru Friday, 7:30 a.m. to 5:00 p.m. Deliverable: Completed and approved project milestones throughout the project. Project Kickoff Introduce team, review roles, and decision authority. Present project scope and objectives. Review SOW responsibilities and project schedule. Schedule Design Review. Deliverable: Completed project kickoff and scheduled Design Review. Design Review Present the system design and operational requirements for the solution. Present installation plan. Present preliminary cutover plan and methods to document final cutover process. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 15 Tasks Motorola Solutions Chula Vista Fire Site Access Provide site owners/managers with written notice to provide entry to sites identified in the project design documentation. Obtain site licensing and permitting, including site lease/ownership, zoning, permits, regulatory approvals, easements, power, and telco connections. Deliverable: Information and permitting requirements completed at each site. General Facility Improvements Provide adequate HVAC, grounding, lighting, cable routing, and surge protection based upon Motorola’s Standards and Guidelines for Communication Sites (R56) Provide obstruction-free area for the cable run between the demarcation point and system equipment. Provide structure penetrations (wall or roof) for transmission equipment (e.g. antennas, microwave radios etc.). Transport removed site equipment to a location designated by Customer and within Customer's jurisdiction. Deliverable: Sites meet physical requirements for equipment installation. Equipment Order and Manufactoring Create equipment order and reconcile to contract. Manufacture Motorola Solutions-provided equipment necessary for system based on equipment order. Deliverable: Equipment procured and ready for shipment. System Staging Provide information if available on existing system interfaces, room layouts, or other information necessary for the assembly to meet field conditions. Set up and rack the solution equipment on a site-by-site basis, as it will be configured in the field at each of the sites. Cut and label the cables with to/from information to specify interconnection for field installation and future servicing needs. Complete the cabling/connecting of the subsystems to each other ("connectorization" of the subsystems). Assemble required subsystems to assure system functionality. Power up, load application parameters, program, and test all staged equipment. Confirm system configuration and software compatibility with the existing system. Inventory the equipment with serial numbers and installation references. Conduct site and system level testing. Deliverable: System staged and ready for shipment. Equipment Shipment and Storage Provide secure location for solution equipment . May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 16 Tasks Motorola Solutions Chula Vista Fire Receive solution equipment. Inventory solution equipment. Deliverable: Solution equipment received and ready for installation General Installation Deliver solution equipment to installation location. Coordinate receipt of and inventory solution equipment with designated contact. Install of all proposed fixed equipment as outlined in the System Description based upon the agreed-upon floor plans, connecting audio, control, and radio transmission cables to connect equipment to the power panels or receptacles, and audio/control line connection points. Installation performed in accordance with R56 standards and state/local codes. Install and terminate all network cables between site routers and network demarcation points, including microwave, leased lines, and Ethernet. Ensure that Type 1 and Type 2 AC suppression is installed to protect installed equipment. Connect installed equipment to the provided ground system. Perform preliminary audit of installed equipment to ensure compliance with requirements and R56 standards. Note any required changes to the installation for inclusion in the "as-built" system documentation. Remove, transport, and dispose of old equipment. Deliverable: Equipment installed. Console Installation and Configuration Identify circuits for connection to console and a demarcation point located within 25 feet of the console interface. Connect console to circuit demarcation points. Install PC workstation w/ keyboard and mouse, and monitor. Install a Voice Processor Module (VPM) and purchased peripheral console equipment in accordance with R56 standards and state/local codes. Develop templates for console programming. Perform console programming and configuration. Deliverable: Console equipment installation completed. Logging Audio Supply MCC VPM for logging analog audio output Interface analog audio from VPM to Motorola supplied demarcation punchblock. Interface dispatch position analog audio from dispatch VPM to Motorola supplied demarcation punchblock Deliverable: Analog logging audio interface to demarcation punchblock completed. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 17 Tasks Motorola Solutions Chula Vista Fire Develop Console Dispatch Profiles Develop Dispatch Profiles with City input Participate in a meeting to finalize any changes to dispatch profiles Review and approve dispatch profiles Program approved dispatch profiles into console. Deliverable: Dispatch profiles completed and approved by Customer. R56 Site Audit Perform R56 site-installation quality-audits, verifying proper physical installation and operational configurations. Create site evaluation report to verify site meets or exceeds requirements, as defined in Motorola’s R56 Standards and Guidelines for Communication Sites. Deliverable: R56 Standards and Guidelines for Communication Sites audits completed successfully. Solution Optimization Verify that all equipment is operating properly and that all electrical and signal levels are set accurately. Verify that all audio and data levels are at factory settings. Verify communication interfaces between devices for proper operation. Ensure that functionality meets manufacturers' specifications and complies with the final configuration established during design review or system staging. Deliverable: Completion of System Optimization. Functional Acceptance Testing Verify the operational functionality and features of the solution supplied by Motorola Solutions, as contracted. Witness the functional testing. Document all issues that arise during the acceptance tests. If any major task for the system as contractually described fails during the Customer acceptance testing or beneficial use, repeat that particular task after Motorola determines that corrective action has been taken. Resolve any minor task failures before Final System Acceptance. Document the results of the acceptance tests and present for review. Review and approve final acceptance test results. Deliverable: Completion of functional testing and approval by Customer. Cutover Finalize Cutover Plan. Provide Motorola Solutions with user radio information for input into the system database and activation, as required. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 18 Tasks Motorola Solutions Chula Vista Fire Conduct cutover meeting with relevant personnel to address both how to mitigate technical and communication problem impacts to the users during cutover and during the general operation of the system. Notify the personnel affected by the cutover of the date and time planned for cutover. Provide ongoing communication with users regarding the project and schedule. Resolve punchlist items, documented during the Acceptance Testing phase, in order to meet all the criteria for final system acceptance. Assist Motorola with resolution of identified punchlist items by providing support, such as access to the sites, equipment and system, and approval of the resolved punchlist items. Deliverable: Migration to new system completed, and punchlist items resolved. Transition to Warranty Review the items necessary for transitioning the project to warranty support and service. Provide a Customer Support Plan detailing the warranty support associated with the contract equipment. Deliverable: Service information delivered and approved by Customer. Finalize Documentation and System Acceptance Provide manufacturer’s installation material, part list and other related material to Customer upon project completion. Provide an electronic as-built system manual on CD or other Customer preferred electronic media. The documentation will include the following: • Site Block Diagrams. • Site Equipment Rack Configurations. • Functional Acceptance Test Plan Test Sheets and Results. • Equipment Inventory List. • Console Programming Template (where applicable). • Technical Service Manuals (where applicable). Drawings will be delivered in Adobe PDF format. Receive and approve documentation. Execute Final Project Acceptance. Deliverable: All required documents are provided and approved. Final Project Acceptance. 3.2 PROJECT SCHEDULE The estimated time for completion of the project is 5 months from Project Kickoff through Final Project Acceptance. 3.3 ACCEPTANCE TEST PLAN System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features, functions, and failure modes for the installed equipment in order to verify that the solution operates according to its design. This plan will validate that Chula Vista Fire's solution will operate according to its design, and increase the efficiency and accuracy of the final installation activities. A detailed FATP will be developed and finalized during the Design Review. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 19 SECTION 4 LIFECYCLE SUPPORT SERVICES Motorola will warrant and provide additional above-warranty services for the proposed equipment in accordance with the warranty and service provisions of the existing contract #553982 between the County of San Diego and Motorola as stated below: 15.2.3.(iii) The Warranty Period for consoles purchased under this Agreement shall commence upon Acceptance of the console and shall continue for a period of three (3) years or until the expiration of the Warranty Period for Phases 1 and 2, as specified in Section 15.2.3(a)(i) above, whichever is later. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 20 SECTION 5 PRICING The following table provides a pricing breakdown for the proposed equipment and services. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 21 5.1 PRICING FOR CHULA VISTA FIRE MCC7500 CONSOLE PROJECT Pricing includes shipping / freight. MCC7500 Console MIGRATION Price Equipment at List Price $249,331 19% Contract Discount -$47,373 Incentive Discount for Console Orders prior to December 31, 2018; additional 20% off discounted amount -$40,392 Equipment Subtotal $161,566 Tax on equipment 8.25% $13,330 Equipment with Tax Subtotal $174,896 Services $97,695 TOTAL SALE PRICE INCLUDING TAX $272,591 5.1 PAYMENT MILESTONES: Equipment Price plus Tax: Upon Shipment of Equipment Services Price: Upon Completion of Project May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 22 SECTION 6 CONTRACTUAL DOCUMENTATION Motorola proposes to include the equipment and services in the proposed solution per the terms and conditions of the existing contract #553982 between the County of San Diego and Motorola, dated June 27, 2016. May 1, 2017 Use or disclosure of this proposal is subject to the restrictions on the disclosure page.May 1, 2017 Page 23 City of Chula Vista Staff Report File#:17-0298, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA,THE CITY OF SAN DIEGO,AND M&A GABAEE REGARDING THE PROCESSING OF ENTITLEMENTS FOR THE SALT BAY PROJECT,LOCATED ON PROPERTIES SOUTH OF PALOMAR STREET AND WEST OF I-5 RECOMMENDED ACTION Council adopt the resolution. SUMMARY M&A Gabaee is planning to develop a commercial/industrial project on multiple properties located in Chula Vista (7.75 acres)and San Diego (37.04 acres).M&A Gabaee wishes to develop the 44.61 acre site as one project and,therefore,will be required to process entitlements through both Chula Vista and San Diego. Both Chula Vista and the City of San Diego wish to mutually cooperate in the planning and development of the site,and each have the power to adopt and enforce land use regulations, entitlements,as well as administer and enforce building and other development codes.Both cities wish to provide the developer with the assurance that entitlement processing will be done in a predictable and efficient manner.The attached Memorandum of Understanding clarifies the roles of each City with regard to discretionary permit processing,building and fire code compliance, environmental review,impact fees,schedule,financing of public improvements,and other related topics.Staff from both cities have reviewed the attached MOU and found its terms and conditions to be mutually acceptable. ENVIRONMENTAL REVIEW 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.In addition,notwithstanding the foregoing,the “Project”also qualifies for an Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA.In addition,notwithstanding the foregoing,the Director of Development Services has also determined that the activity qualifies for an Exemption pursuant to City of Chula Vista Printed on 7/20/2017Page 1 of 2 powered by Legistar™ File#:17-0298, Item#: 7. Development Services has also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3)of the CEQA State Guidelines.Thus,no environmental review is required.The project itself will be subject to full environmental review once submitted. BOARD/COMMISSION RECOMMENDATION N/A DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers 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 Councilmember,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.The entering into this MOU promotes operational excellence by providing a predictable and efficient process for considering the merits of the proposed project. CURRENT YEAR FISCAL IMPACT None ONGOING FISCAL IMPACT The cost of City processing the project will be borne by the project applicant. ATTACHMENTS Attachment 1 - Resolution Staff Contact: Kelly Broughton, Director 619-691-5233 City of Chula Vista Printed on 7/20/2017Page 2 of 2 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, AND M&A GABAEE REGARDING THE PROCESSING OF ENTITLEMENTS FOR THE SALT BAY PROJECT, LOCATED ON PROPERTIES SOUTH OF PALOMAR STREET AND WEST OF I-5 WHEREAS, M&A Gabaee is planning to develop a commercial/industrial development located on multiple properties south of Palomar Street and West of I-5; and WHEREAS, the site is comprised of multiple parcels located within the jurisdictions of Chula Vista and San Diego; and WHEREAS, M&A Gabaee wishes to develop the 44.61 acre site as one project, and as such, will be required to process entitlements for the project through both Chula Vista and San Diego; and WHEREAS, the City of Chula Vista and City of San Diego wish to cooperate in the planning and development of the site, and each has the power to adopt and enforce land use regulations, and entitlements, and administer and enforce municipal codes within their respective jurisdictions; and WHEREAS, the Memorandum of Understanding clarifies the roles of each city with regard to discretionary permit processing, environmental review, impact fees, financing of public improvements, and other related topics; and WHEREAS, The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines. Thus, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves a Memorandum of Understanding between the City of Chula Vista, the City of San Diego, and M&A Gabaee regarding the processing of entitlements for the development of the Salt Bay Project South of Palomar Street and West of I-5, a copy of which shall be kept on file in the office of the City Clerk. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney -1- (060517 Execution Version) MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (the “MOU”) is entered into as of the last date set forth on the Signature Page hereto, by and among, THE CITY OF CHULA VISTA, a municipal corporation having charter powers (“Chula Vista”), THE CITY OF SAN DIEGO, a municipal corporation having charter powers (“San Diego”), and M&A GABAEE, a California limited partnership (“Gabaee”) (Chula Vista, San Diego, and Gabaee are hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”) with reference to the Recitals set forth below which are incorporated herein by this reference. RECITALS A. Gabaee owns the property shown on Exhibit A hereto (the “Property”) which is located in San Diego and Chula Vista west of Interstate 5 between Palomar Street on the north and Main Street on the south. B. The Property is approximately 44.61 acres, of which 37.04 acres are located within San Diego and 7.75 acres are located within Chula Vista, as shown on Exhibit A hereto. C. Gabaee desires to develop the entire Property as one project, commonly referred to as the Salt Bay Project (herein, the “Project”). Gabaee has submitted the preliminary land use plan at Exhibit B hereto for development of the Property in San Diego and Chula Vista. Exhibit A and Exhibit B are incorporated herein by this reference. D. San Diego, Chula Vista and Gabaee desire to cooperate in the planning and development of the Project. San Diego and Chula Vista each have the power to adopt and enforce land use regulations, approve land use entitlements, and administer and apply building and other development codes. San Diego, Chula Vista and Gabaee desire to cooperate with each other in the processing and review of the Project. E. The Parties hereto wish to cooperate with one another to ensure that the processing of the Project is orderly and coordinated, including without limitation the provision of public services, the application of design, landscaping, and building standards, the study of environmental effects under the California Environmental Quality Act (“CEQA”) and mitigation of impacts, an efficient schedule for processing CEQA review and Project approvals, and the imposition and collection of fees for development impacts. F. Under CEQA Guidelines section 15050, where a project is to be carried out or approved by more than one public agency, one public agency shall serve as the lead agency and be responsible for preparing an Environmental Impact Report (“EIR ”) or Negative Declaration for the project. The other public agency serves as a responsible agency that must consider the lead agency’s CEQA document before acting on the project. The lead agency's determination on whether to prepare an EIR or Negative Declaration is generally conclusive. G. Under CEQA Guidelines section 15051(d), in cases where two public agencies have a substantial claim to be the lead agency, the public agencies may by agreement, contract or -2- (060517 Execution Version) other means designate one public agency to be the lead agency and provide for cooperative efforts. Both San Diego and Chula Vista have a substantial claim to be the lead agency, but have entered into this cooperative MOU designating (1) San Diego as the lead agency since the majority of the property is in San Diego, and (2) Chula Vista as a responsible agency with expanded rights to review the Project as identified herein. H. The Parties wish to cooperate with one another to ensure that: 1. Each jurisdiction is fully informed about the portion of the Project to be constructed in the adjacent jurisdiction and the potential impact of the Project on each jurisdiction’s public facilities; 2. One environmental document is completed and available for certification for the Project in which San Diego acts as the lead agency and Chula Vista is a Responsible Agency; 3. Site planning of the Project is coordinated between San Diego and Chula Vista to ensure appropriate internal traffic circulation and ingress to and egress from the public street system; and 4. The timing of public hearings and discretionary actions are coordinated between the Parties, so that public hearings and discretionary actions are calendared in a coordinated and complimentary fashion between San Diego and Chula Vista. AGREEMENT NOW THEREFORE, in consideration of the above Recitals and for good and valuable consideration the receipt and sufficiency of which the Parties hereby acknowledge, San Diego, Chula Vista, and Gabaee hereby agree as follows: 1. Parties Agree to Meet and Confer. 1.1 Authorization by Chula Vista. The City Council of Chula Vista hereby authorizes and directs the Director of Development Services, his or her designee to meet, confer and exchange information with the other Parties to this MOU regarding the Project. 1.2 Authorization by San Diego. The City Council of San Diego hereby authorizes and directs the Director of Development Services, to meet, confer, and exchange information with the other Parties to this MOU regarding the Project. 1.3 Authorization by Gabaee. Gabaee hereby authorizes and directs the persons from time to time authorized by Gabaee to meet, confer and exchange information with the other Parties to this MOU regarding the Project. 1.4 Working Group. The Parties shall establish a Working Group, with each Party designating its key contacts who will be members of the Working Group. The members of -3- (060517 Execution Version) this Working Group will make best efforts to attend the meetings set by the Parties. The meetings will be attended by those in the Working Group when agenda issues related to their areas are identified. Smaller meetings of select members of the Working Group to address discrete issues may be scheduled by the Working Group. Designated representatives of San Diego, Chula Vista, and Gabaee shall meet at the conclusion of each project review cycle to review and summarize the status of processing the approvals for the Project, coordinating dates and times, and communicating issues or questions that arise for either San Diego or Chula Vista with regard to the coordinated processing of the Project. 1.4.1 Chula Vista’s key contacts include one or more representatives each from the following departments: (a) Chula Vista’s Development Services Department (including one or more representatives each from the Planning Division, Land Development Engineering Division, and Building Division); (b) Chula Vista Fire Department; and, (c) Chula Vista City Attorney’s office. 1.4.2 San Diego’s key contacts include one or more representatives each from the following departments: (a) San Diego Development Services Department; (b) San Diego Planning Department; (c) City of San Diego City Attorney. 1.4.3 Gabaee's key contacts include: (a) One or more representatives designated by Gabaee 1.5 Notice Prior to Discretionary Actions. Each Party agrees that prior to any Party holding a public hearing or taking any discretionary action relating to the Project, the Party holding the hearing or considering taking action shall provide the other Parties with (a) ten (10) business days, or greater if in accordance with applicable law, written notice of such pending hearing or action; (b) a copy of any and all written material including but not limited to staff reports and environmental documents which will be provided to decision makers; and, (c) make a good faith effort to meet, or at a minimum discuss, with other Parties to this MOU at least one (1) week prior to any hearing or discretionary action to discuss matters of mutual concern. 2. Goals of Meet and Confer Process. 2.1 Provide an open exchange of information and concerns pertaining to the Project; -4- (060517 Execution Version) 2.2 Attempt to reach mutual agreement on all items of mutual concern relating to the Project including but not limited to the issues set forth in Section 3 below; and 2.3 Determine whether more formal cooperation, or other agreement is necessary to implement the Project, and if so, to agree on the proposed terms of such implementing agreement and make recommendations regarding any proposed agreement to their respective governing bodies. 3. Issues for Discussion. The following issues will be the subject of on-going discussions amongst the Parties, but will not preclude the Parties from discussing other relevant issues: 3.1 Coordination. Coordination of the environmental document between the Parties; 3.2 Design. Design of the Project including but not limited to mutually agreeable design criteria and opportunities for Parties to review architectural design, site plan, signage and landscape plan of the Project; 3.3 Impact on Public Facilities. Impact of the Project on public facilities, including but not limited to: 3.3.1 An integrated plan for internal traffic circulation within the Project; 3.3.2 An integrated plan for vehicular ingress to and egress from the Project; 3.3.3 Mutual agreement as to the specific improvements to the public rights of way including streets, traffic signals, utilities and other public facilities required to accommodate the Project across the San Diego and Chula Vista jurisdictions. 4. Commitments of the Parties Regarding the Environmental Review Process. The Parties agree to the following roles and obligations regarding the preparation of processing the Project through the CEQA (California Public Resources Code section 21000, et seq.): 4.1 Lead Agency. San Diego and Chula Vista agree that San Diego shall be the “lead agency,” as the term is defined in Public Resources Code section 21067, and as used throughout CEQA, and Title 14 of the California Code Regulations, sections 15000, et seq. (“CEQA Guidelines”), for the environmental review of the Project. San Diego shall have all discretion to fulfill the obligations of a CEQA lead agency with respect to the Project. 4.2 Responsible Agency. Chula Vista shall be a “responsible agency” for the Project as that term is defined in Public Resources Code section 21069, and as used throughout CEQA and the CEQA Guidelines. -5- (060517 Execution Version) 4.3 Environmental Document. San Diego, as lead agency, shall be responsible for preparing the environmental document for the Project. As a responsible agency, Chula Vista shall use San Diego’s environmental document when acting on or approving the Project. 4.4 Environmental Review. As lead agency for the Project, San Diego shall use CEQA, the CEQA Guidelines, and San Diego rules, regulations, and policies pertaining to CEQA processing, as well as all applicable state law, in its CEQA processing, including but not limited to, the selection of consultants. In assessing whether impacts of the Project are significant under CEQA, San Diego, as the lead agency, shall use the same thresholds of significance ordinarily used by San Diego for projects occurring entirely within the boundaries of San Diego. San Diego and Chula Vista may have differing significance thresholds for impacts. The Parties agree that San Diego will determine the thresholds to be used because it is the lead agency, and the Project is predominantly in San Diego, and will predominantly impact San Diego. 4.5 Meet and Confer. San Diego, as lead agency, shall reasonably consider any competing standard of significance proposed by Chula Vista, and shall, in its sole discretion, use such standards of significance as it believes are warranted. San Diego and Chula Vista shall meet and confer in good faith to resolve any discrepancies between the standards of significance in San Diego and Chula Vista. Nothing in this section shall be interpreted to modify or limit San Diego’s discretion as a lead agency in fulfilling its obligations under CEQA. 4.6 Right to Review Drafts. Chula Vista desires to review the environmental document prior to a draft document being released for public comment. As part of this cooperative effort between San Diego and Chula Vista, San Diego will provide Chula Vista with a copy of all rough drafts of the environmental document, including supporting technical studies, prior to the final draft document being prepared for release for public comment. Chula Vista will have the opportunity to provide comments on these rough drafts or portions thereof, which are also commonly known as screen checks. Chula Vista agrees to provide San Diego comments, if any, within ten (10) working days of receipt of the rough drafts. San Diego will reasonably consider each of Chula Vista's suggestions and comments and make any such changes or revisions as it believes, in its sole discretion, are warranted. Nothing in this section shall be interpreted to modify or limit San Diego’s discretion as a lead agency in fulfilling its obligations under CEQA. 4.7 Approval Schedule. San Diego and Chula Vista agree to use their best efforts to comply with the review cycle turn-around times set forth in Exhibit C (“CEQA Approval Schedule”). San Diego, and Chula Vista agree to use their “best efforts” to pursue the processing and preparation of the processing of CEQA in accordance with those “target dates” by taking the requisite action or actions for each target date specified in the CEQA Approval Schedule, provided that the other Parties have substantially complied with their obligations specified in the CEQA Approval Schedule which are a prerequisite to such action(s). If San Diego or any other Party believes that it will miss any “target date” in the CEQA Approval Schedule, it shall immediately provide written notice by electronic mail to the other Parties, accompanied by an explanation of why the “target date” was missed and an estimation of a “new -6- (060517 Execution Version) target date” for the action and for any other actions that will be delayed as a result of missing the “target date.” The other Parties and Working Group participants set forth in Section 1.3 of this MOU may request a meeting of the Working Group upon receiving the written notice that a “target date” has or likely will be missed. 5. Project Review. 5.1 Uniform Standard for Completion of Application. Chula Vista and San Diego may have different “application deemed complete” dates. Notwithstanding the potential for these different “application deemed complete” dates, the Working Group shall use their best efforts to coordinate a uniform “application deemed complete” date for Chula Vista and San Diego. 5.2 Processing/Review Schedule. Once applications are deemed complete, San Diego, and Chula Vista will use their best efforts to comply with the review cycle turn- around times set forth in the CEQA Approval Schedule (Exhibit C) in reviewing the requested approvals for the Project. San Diego and Chula Vista agree to use their “best efforts” to pursue the processing and preparation of the processing of approvals in accordance with the subject “target dates” by taking the requisite action or actions for each target date specified in the CEQA Approval Schedule, provided that the other Parties have substantially complied with their obligations specified in the CEQA Approval Schedule which are a prerequisite to such action(s). If San Diego or any other Party believes that it will miss any “target date” in the CEQA Approval Schedule, it shall provide written notice by electronic mail to the other Parties, accompanied by an explanation of why the “target date” was missed and an estimation of a “new target date” for the action and for any other actions that will be delayed as a result of missing the “target date.” The other Parties and Working Group participants set forth in section 1.3 of this MOU may request a meeting of the Working Group upon receiving the written notice that a “target date” has or likely will be missed. 5.3 Cooperation in Processing. The Parties shall cooperate in good faith to diligently pursue the initiation and processing of the applications for the Project, including, without limitation, executing all further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the intent and provisions of this MOU. The Parties shall use their “best efforts” to cooperate with each other to comply with the CEQA Approval Schedule and to pursue the processing and preparation of the processing of CEQA in accordance with the “target dates” established in Exhibit C by taking the requisite action or actions for each target date specified in the CEQA Approval Schedule, provided that the other Parties have substantially complied with their obligations specified in the CEQA Approval Schedule which are a prerequisite to such action(s). 5.4 Submittal Requirements. Submittal requirements, including but not limited to, forms, documents, and plans for all applications for development permits and approvals necessary for the Project, shall be those required by San Diego and Chula Vista, unless otherwise provided herein. -7- (060517 Execution Version) 5.5 Design, Landscaping, Public Infrastructure, Building Standards, Specifications, and Guidelines. San Diego and Chula Vista agree that uniform design, landscaping, public infrastructure and building standards, specifications, and guidelines shall be used for the Project. San Diego and Chula Vista have both adopted the Uniform Building Code and therefore do not anticipate any material differences between their building standards. The Parties agree that the San Diego Design Guidelines, the San Diego Guidelines for On-Site Landscaping, and other guidelines as set out in the San Diego Municipal Code should be the design guidelines applicable to the Project and any off-site public improvements required to be constructed by the Project, with respect to the design review undertaken by each Party. The San Diego standards, specifications, regulations, and guidelines will apply to CEQA analysis, signage, stormwater and storm drain systems, fire systems, water systems, grease interceptors, landscaping, hardscaping, and public infrastructure, among others. Chula Vista staff will facilitate application of the San Diego standards, specifications, regulations and guidelines via processing and review of Gabaee's application for discretionary entitlements. Chula Vista City Council shall exercise its independent discretion regarding the application, and, if approved, the discretionary entitlements approved by the Chula Vista City Council shall govern development of that portion of the Project within Chula Vista’s jurisdiction. All building plans shall be submitted for review and approval to the jurisdiction where the proposed building is to be constructed. In the event a building is located in both jurisdictions, the jurisdiction with the majority of the building shall process the building permit. 6. Dispute Resolution. 6.1 Meet and Negotiate. In the event a Party, acting in good faith, believes another Party has violated the terms of this MOU, or in the event a Party identifies an unforeseen circumstance outside the control of the Parties that the Party in good faith believes directly and adversely affects the terms and conditions in this MOU, the Parties shall meet at a mutually convenient time to negotiate in good faith to resolve the dispute. 6.2 Possible Mediation. In the event that the Parties are unable to negotiate to a mutually acceptable resolution of the dispute, the Parties may meet and agree to a formal dispute resolution process, which may include, but is not necessarily limited to, mediation by the San Diego County Supervisor representing District 1 (currently, Supervisor Greg Cox), mediation by some other third party, or binding arbitration. No Party, however, shall be required to enter into, or accept, binding arbitration. Where the Parties have agreed to submit a dispute to binding arbitration, the arbitrator's decision in such arbitration shall be final and binding on both Parties. The Parties will mutually select the potential mediators or arbitrators. 6.3 Limitations on Remedies. In the event that the Parties are unable to negotiate a mutually acceptable resolution of a dispute pursuant to section’s 6.1 and 6.2 herein, the Parties acknowledge and agree that no Party to this Agreement shall incur any financial liability to any other Party as a result of being unable to negotiate a mutually acceptable resolution of a dispute nor will any Party be entitled to receive monetary damages as a result of the failure of any Party to negotiate a mutually acceptable resolution of a dispute or to perform its obligations under this MOU. The Parties further acknowledge and agree that the sole remedy under this MOU for being unable to negotiate a mutually acceptable resolution of a dispute or for -8- (060517 Execution Version) a Party not performing its obligations under this MOU shall be termination of this MOU by written notice from any to all other Parties to this MOU. Should this MOU be terminated pursuant to this section 6.3, no Party shall have any further rights, remedies or obligations to any other Party under this MOU and all Parties shall be relieved and discharged from all further responsibility or liability under this MOU. The Parties acknowledge and agree that the Parties would not have entered into this MOU if any Party could become liable for damages for any failure of any Party to negotiate a mutually acceptable resolution of a dispute or to perform its obligations under this MOU. 7. Independent CEQA Review. Nothing in this MOU is intended or shall be deemed to affect the independent judgment and analysis by San Diego, or Chula Vista, as required by CEQA. 8. Entire Agreement. This MOU contains all representations and the entire understanding among the Parties with respect to the subject matter of this MOU. Any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda or agreements are in conflict with this MOU, and whether written or oral, are intended to be replaced in total by this MOU. Each Party warrants and represents that no representative of any other Party has made any oral representations or oral agreements not contained in this MOU. Each Party further warrants and represents that it has not relied upon any oral statements or promises made by any representative of any other Party to this MOU in executing this MOU. 9. Severability. The terms, conditions, and covenants of this MOU shall be construed whenever possible as consistent with all applicable laws and regulations. To the extent that any provision of this MOU, as so interpreted, is held to violate any applicable law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable, unless the deletion of such provision or provisions would result in such a material change to this MOU so as to cause the continuation of performance contemplated herein to be unreasonable. 10. Counterparts. This MOU may be executed in counterparts. 11. Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this MOU on behalf of the Party for whom he or she purports to sign. 12. Section Headings. The captions, subject, section and paragraph headings in this MOU are included for convenience and reference only. They do not form a part hereof, and do not in any way codify, interpret, or reflect the intent of the Parties. Said headings shall not be used to construe or interpret any provision of this MOU. 13. Third Party Beneficiaries. No third party is intended to be a beneficiary of this MOU. 14. Assignment. Gabaee shall have the right to assign this MOU in connection with a change in ownership of the Project, upon written notice to San Diego and Chula Vista. -9- (060517 Execution Version) 15. Joint Preparation. This MOU and the provisions contained herein shall not be construed or interpreted for or against any Party hereto because said Party drafted or caused the Party's legal representative to draft any of its provisions. This MOU shall be construed without reference to the identity of the Party or Parties preparing the same, it being expressly understood and agreed that the Parties hereto participated equally or had equal opportunity to participate in the drafting thereof. 16. Parties Retain Discretionary Approval Rights. The Parties understand and acknowledge that each Party hereto reserves the right to exercise its full discretion as to all matters which it is, by law, entitled or required to exercise its discretion relative to the Project individually and collectively. Nothing in this MOU is to be construed as precommitting any Party to a decision which requires a separate discretionary process. Each Party agrees and understands that by entering into this MOU no Party waives its right to review, object to, or challenge any action taken by any other Party to the MOU relative to the Project or any portion thereof. 17. Term. The Term of this MOU shall be one (1) year from the date of execution of this MOU by all Parties. This MOU may be extended for two additional one-year terms, upon written agreement by the Parties. 18. Notice. All notices required or provided for by this MOU shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of San Diego, Chula Vista, and Gabaee as follows: To Chula Vista: The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Kelly Broughton, Development Services Director E-Mail Address: kbroughton@chulavistaca.gov Telephone Number: (619) 691-5233 w/ copy to: The Chula Vista City Attorney’s Office 276 Fourth Avenue Chula Vista, CA 91910 Attention: Michael J. Shirey, Deputy City Attorney III E-Mail Address: mshirey@chulavistaca.gov Telephone Number: (619) 691-5037 To San Diego: The City of San Diego 1222 First Avenue, MS 301 San Diego, CA 92101 Attention: Robert Vacchi, Director , Development Services Department E-Mail Address: RAVacchi@sandiego.gov Telephone Number: (619) 446-5423 -10- (060517 Execution Version) To Gabaee: M&A Gabaee, a California limited partnership 9034 W. Sunset Boulevard West Hollywood, CA 90069 Attention: Arman Gabay and Mark Gabay E-Mail Addresses: arman@charles-company.com; mark@charles- company.com (310) 247-0900 w/ copy to: The Law Office of Cynthia L. Eldred, APC 2481 Congress Street San Diego, CA 92110 Attention: Cynthia L. Eldred, Esq. E-Mail Address: cindy@eldredlaw.com Telephone Number: (619) 23307366 San Diego, Chula Vista, and Gabaee may change their addresses by giving notice in writing to the other Parties. Thereafter, notices, demands and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery or, if mailed, two (2) business days following deposit in the United States mail. Any notice under this MOU may also be given by facsimile or other telecommunication device capable of transmitting and creating a written record, effective on receipt, or on the following business day if received after normal business hours. Such notices shall be addressed to the addresses of the entities set forth above. [Remainder of page intentionally left blank] -11- (060517 Execution Version) SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING IN WITNESS WHEREOF, this Memorandum of Understanding has been executed by the Parties as of the last date set forth below. Dated: CITY OF CHULA VISTA By: Mary Casillas Salas, Mayor Attest: By: Donna Norris, City Clerk Approved as to Form: By: Glen R. Googins, City Attorney Dated: CITY OF SAN DIEGO By: _______________, ___________ Attest: By: _______________, City Clerk Approved as to Form: By: _______________, City Attorney Dated: M&A Gabaee, a California limited partnership By: Its: J:\Attorney\MichaelSh\Salt Bay District\Gabaee\MOU\MOU-JtProcessingSaltBayDist(010317)-2.22.17-DCADraft.doc -12- (060517 Execution Version) Exhibit A - Description of Property -13- (060517 Execution Version) Exhibit B – Preliminary Site Plan -14- (060517 Execution Version) Exhibit C – CEQA Approval Schedule Submittal Target Date Full Submittal of Initial Review Package 30 Working Days Subsequent Submittals 20 Working Days First Screencheck Draft EIR 30 Working Days Subsequent Screencheck Drafts 20 Working Days City of Chula Vista Staff Report File#:17-0290, Item#: 8. CONSIDERATION OF ADOPTING THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN UPDATE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN UPDATE RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 1990 the Cities of Chula Vista and San Diego,and the County of San Diego entered into a Joint Exercise of Powers Agreement (JEPA)to initiate and coordinate acquisition,planning,and design of the Otay Valley Regional Park (OVRP)for the benefit of south bay residents and visitors.As a result, in 2001 the OVRP Concept Plan was created to: •Identify areas adjacent to open space areas for active and passive recreational opportunities; •Develop a trail system with staging areas; •Locate viewpoints and overlooks,and provide connections to recreation areas and adjacent public lands and trails; and •Establish interpretive centers for environmental and educational programs while protecting environmentally sensitive areas and important cultural resources. Given that the Concept Plan is now 16 years old,County of San Diego Supervisor Greg Cox, allocated $40,000 of Neighborhood Reinvestment funds on June 9,2015 to update the Otay Valley Regional Park Concept Plan (the “Concept Plan”).This update represents a collaboration between the three jurisdictions. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Statutory Exemption pursuant to Section 15262 (Feasibility and Planning Studies) pursuant to the California Environmental Quality Act (CEQA) State Guidelines. Environmental Determination The City of Chula Vista,as a responsible agency,and the County of San Diego,as the lead agency, have found that the Concept Plan update qualifies for a Statutory Exemption pursuant to Section 15262 (Feasibility and Planning Studies)of the CEQA State Guidelines.The Concept Plan update is general in nature,and does not propose to construct park improvements.Prior to the development of any park improvements,detailed development plans will need to be prepared that will require environmental review when the permitting process commences.Furthermore,the Concept Plan update is a framework that does not propose to construct any physical facilities or improvements City of Chula Vista Printed on 7/20/2017Page 1 of 5 powered by Legistar™ File#:17-0290, Item#: 8. update is a framework that does not propose to construct any physical facilities or improvements without subsequent City Council Action. BOARD/COMMISSION RECOMMENDATION On November 16,2016 the City of Chula Vista Parks and Recreation Commission unanimously recommended approval of the Otay Valley Regional Park Concept Plan Update to the City Council. On June 14,2017 the City of Chula Vista Planning Commission unanimously recommended approval of the Otay Valley Regional Park Concept Plan Update to the City Council. DISCUSSION Former Chula Vista Mayor,and current County Supervisor and OVRP Policy Committee member, Greg Cox,introduced the idea of creating a regional park in the Otay River Valley to the Chula Vista City Council in 1988.He recommended that there be a collaborative planning effort between the Cities of Chula Vista and San Diego,and the County of San Diego.The three agencies entered into a JEPA in 1990,and subsequently adopted the Otay Valley Regional Park Concept Plan followed by a series of resolutions. In 2015 joint staff reviewed the Concept Plan to bring the plan up to date with existing conditions on the ground,incorporate subsequent adopted land use plans and regulations for the feasibility of planned uses,and to revise figures and images in the plan,and presented the plan update to OVRP committees.The OVRP Citizen Advisory Committee recommended approval of the Concept Plan update to the Policy Committee,which approved the plan update in July 2016.Subsequently the Policy Committee directed joint staff to present the Concept Plan update to their respective Councils, Boards,and Commissions for approval.In November 2016,the City of Chula Vista Parks and Recreation Commission voted to recommend approval of the plan update to the City Council as did the City of Chula Vista Planning Commission on June 14,2017.The City of San Diego and County of San Diego have recently adopted the Concept Plan update. Otay Valley Regional Park The planning area for the OVRP is located in the southern portion of San Diego County approximately four miles north of the international border.The OVRP extends over 11 miles from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area,and encompasses approximately 9,000 acres (Attachment 1). When OVRP trails connect to the proposed Otay Ranch open space,this will provide a 19 mile open space corridor extending from San Diego Bay to State Route 94.Currently,the OVRP has approximately 6,500 acres of public ownership.The Concept Plan is the framework that will provide direction and guidance for parkland acquisition,development efforts,and proposal evaluations that may affect the OVRP. Concept Plan The Concept Plan consists of nine elements including the Boundary,an Alternative Boundary,the Open Space/Core Preserve Area,the Recreation Areas,the Trail Corridor,the Staging Areas,the Viewpoint and Overlook Areas,Interpretive Centers,and the Park Study Area,which are described in the Concept Plan update (Attachment 3).These elements are the foundation for the Concept Plan, dividing the plan into five geographic segments that includes South San Diego Bay to Interstate 5, Interstate 5 to Interstate 805,Interstate 805 to Heritage Road,Heritage Road to the Otay Reservoir City of Chula Vista Printed on 7/20/2017Page 2 of 5 powered by Legistar™ File#:17-0290, Item#: 8. Interstate 5 to Interstate 805,Interstate 805 to Heritage Road,Heritage Road to the Otay Reservoir Vicinity, and the Otay Reservoir Vicinity. The segments have been updated as described below: •South San Diego Bay to I-5: The boundary has been adjusted to incorporate the Swiss Park staging area and a trail connection from OVRP to the Bayshore Bikeway,and includes as-built viewpoints and overlooks along the trail. •I-5 to I-805: This segment contains as-built features including trails for multi-use,hiking and biking trails, hiking-only trails,staging areas and trailheads,a ranger station,viewpoints and overlooks, existing waterbodies,acreage for Recreation Areas 3 and 4,and Recreation Area 7 (Eucalyptus Grove) was converted to open space. •I-805 to Heritage Road: Trail corridors were updated pursuant to the Multiple Species Conservation Program (MSCP) trails siting criteria and OVRP Trail Guidelines.Potential staging area locations were added, and an alternative boundary was incorporated as open space.Additionally,the Otay-Nestor community trails were mapped, and the Heritage Road Bridge trail underpass is now included. •Heritage Road to Otay Reservoir Vicinity: Recreation Area 10 now includes portions of the OVRP park study area in accordance with Chula Vista MSCP approvals.Approximately 15 acres for mixed use commercial have been added pursuant to the Chula Vista General Plan,and Recreation Area 11 has been updated pursuant to the MSCP approvals.Additionally,an interpretive center was relocated to this segment,and the northern trails now reflect trails identified in the Chula Vista Greenbelt Trails system, along with three potential trail crossings. •Otay Reservoir Vicinity: Recreation Area 16 (Sky Dive San Diego)will be converted to an Open Space/Core Preserve Area,with restoration potential.As-built conditions have been incorporated at Otay Lakes, and the County Park includes a ranger station,an interpretive center,a staging area,and the potential for an Equestrian staging area. Additionally,residential trail connections to the OVRP are shown for Otay Villages 8 West,8 East,9, and 10; the trail connections will incorporate OVRP signage. Over the past 27 years since the execution of the JEPA,approximately nine miles of multi-use trails have been constructed and rehabilitated;seven staging areas were improved and opened;a ranger station has been constructed;wetland and upland areas have been restored;hundreds of community habitat cleanup and educational outreach events have been held;and natural and cultural resources have been protected.The JEPA agencies will proceed with the development and implementation of the OVRP following the adoption of the Concept Plan update by the three jurisdictions. City of Chula Vista Printed on 7/20/2017Page 3 of 5 powered by Legistar™ File#:17-0290, Item#: 8. Privately Owned Property Much of the land within the Concept Plan is privately owned,and has development potential based on existing zoning,land use plans,and other development regulations.The Concept Plan update does not change the existing zoning,land use plans,or add new development regulations.It does not preclude private development,but does provide policy direction for the jurisdictions to coordinate land acquisition and development for the OVRP within the framework of private property rights. The OVRP Concept Plan update will continue to develop new trail segments on the south edge of the Otay River Valley,and a trail system on the north edge,which will result in a complete trail loop experience for pedestrians,cyclists and equestrians,and will promote community habitat cleanup and educational outreach events,while preserving and protecting sensitive natural and cultural resources. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has not found any property holdings within 500 feet of the boundaries of the OVRP boundaries which is the subject of this action. Consequently,this 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.The Concept Plan update addresses the Healthy Community and Connected Community goals as it seeks to provide recreational opportunities for residents and visitors. CURRENT YEAR FISCAL IMPACT All staff costs associated with preparing the Concept Plan update are included in the adopted budget. ONGOING FISCAL IMPACT Ongoing land acquisition and implementation of the Concept Plan will be funded through a combination of federal and state grants as well as General Fund city staff services.Future costs for park development and management will be presented to the Parks and Recreation Commission, Planning Commission, and City Council when more information is available. ATTACHMENTS 1.OVRP Boundary Map 2.OVRP Concept Plan 3.City Council Resolution 4.Planning Commission Resolution 5.Parks & Recreation Minutes 6.Planning Commission Minutes (Draft) City of Chula Vista Printed on 7/20/2017Page 4 of 5 powered by Legistar™ File#:17-0290, Item#: 8. Staff Contact: Michael Walker, Senior Planner, DSD Advanced Planning Division City of Chula Vista Printed on 7/20/2017Page 5 of 5 powered by Legistar™ Otay Valley Regional Park CONCEPT PLAN REGIONAL PARK THIS PAGE INTENTIONALLY LEFT BLANK PREPARED BY County of San Diego Parks and Recreation Department City of Chula Vista Development Services Department Recreation Department City of San Diego Planning Department Public Utilities Department Park and Recreation Department Otay Valley Regional Park CONCEPT PLAN REGIONAL PARK THIS PAGE INTENTIONALLY LEFT BLANK REVISED DRAFT, recommended by Otay Valley Regional Park Citizen Advisory Committee June 23, 2016 John Vogel, CAC Chair REVISED DRAFT, accepted by Otay Valley Regional Park Policy Committee July 28, 2016 Greg Cox, Supervisor County of San Diego, District 1 Steve Miesen, Deputy Mayor City of Chula Vista, District 4 David Alvarez, Councilmember City of San Diego, District 8 ADOPTED COUNTY OF SAN DIEGO ATTEST: Chairman of the Board of Supervisors Clerk of the Board of Supervisors CITY OF CHULA VISTA ATTEST: Mayor City Clerk CITY OF SAN DIEGO ATTEST: Mayor City Clerk EXECUTIVE SUMMARY Page 1 CHAPTER 1—INTRODUCTION Page 5 Goal Statement Overview of the Concept Plan Organizational Structure Other Regional Public Planning Efforts in The Otay River Valley Methodology and Planning Considerations CHAPTER 2—EXISTING CONDITIONS Page 11 Environmental Setting Regional and Local Setting Topography/Land Form Hydrology Biological Resources Cultural Resources Urban Setting Regional and Local Setting General and Community Plans Zoning and Other Regulations Land Uses: West of Heritage Road Land Uses: East of Heritage Road CHAPTER 3—CONCEPT PLAN Page 19 General Policies Concept Plan Elements Concept Plan Segments South San Diego Bay to Interstate 5 Interstate 5 to Interstate 805 Interstate 805 to Heritage Road Heritage Road to Otay Reservoirs Vicinity Otay Reservoirs Vicinity CHAPTER 4—FUTURE ACTIONS Page 51 Future Planning and Implementation Concept Plan Acceptance and Adoption Concept Plan Amendments Additional Plans and Studies Future Actions Future Park Administration and Management APPENDICES A. Joint Exercise of Powers Agreement B. Original Concept Plan Adoption Documents C. Otay Villages Map D. Vegetation Communities within Otay Valley Regional Park E. Other Relevant Plans and Studies F. Acknowledgments TABLE OF CONTENTS—OTAY VALLEY REGIONAL PARK CONCEPT PLAN THIS PAGE INTENTIONALLY LEFT BLANK EXECUTIVE SUMMARY 1 OTAY VALLEY REGIONAL PARK PLANNING EFFORT This Otay Valley Regional Park (OVRP, Regional Park) Concept Plan is the result of a multi-jurisdictional planning effort in the Otay River Valley by the County of San Diego and the Cities of Chula Vista and San Diego. In 1990, the jurisdictions entered into a Joint Exercise of Powers Agreement (JEPA) for coordinated planning, acquisition, and design for OVRP. The JEPA established a 3-member Policy Committee (PC) of elected officials and a 30-member Citizen Advisory Committee (CAC). In 1995 the PC and the CAC reviewed a draft map for the Concept Plan and directed that the Concept Plan be completed after additional public review and comment. The plan was adopted in 1997, revised in 2001, and revised again in 2016. In 2006, the JEPA was rescinded and a new JEPA was adopted with added provisions to address management, maintenance, and operations between jurisdictions, and set a term of 25 years for the enforcement of the JEPA. In 2012, the JEPA was amended to reduce the number of CAC members to 21, seven per jurisdiction. In 2016, the Concept Plan was reviewed and updated for changes in existing conditions and potential Regional Park enhancements. Executive Summary This OVRP Concept Plan is the result of a multi-jurisdictional planning effort in the Otay River Valley by the County of San Diego and the Cities of Chula Vista and San Diego. OTAY VALLEY REGIONAL PARK CONCEPT PLAN2 COMMUNITY INVOLVEMENT The South Bay community has been closely involved with development of the Concept Plan. The CAC, representing a variety of stakeholders in the Otay Valley, has provided ongoing input into plans for OVRP. Community, environmental, recreational, property owner, developer, resident, and special interest groups were consulted throughout 1995 and 1996 through presentations of the preliminary draft Concept Plan’s map. The CAC was also consulted for the re-adoption of the JEPA in 2006, the amendment to the JEPA in 2012, and the updates of the Concept Plan in 2001 and 2016. Public outreach, meetings, and input have also been continuous throughout the implementation of the Concept Plan. CONCEPT PLAN The planning area for OVRP is located in the southern portion of San Diego County, four miles north of the United States/Mexico International Border. The Regional Park will extend about 11 miles from the southeastern edge of the salt ponds, through the Otay River Valley, to the land surrounding both Lower and Upper Otay Reservoirs. Environmental and urban conditions considered in preparing this Concept Plan were topography/land form, hydrology, biological resources, cultural resources, General and Community Plans, zoning and other regulations, and existing and planned land uses. The Multiple Species Conservation Program (MSCP) implemented by all three jurisdictions and the U.S. Fish and Wildlife Service San Diego National Wildlife Refuge are regional habitat planning efforts that include the Otay River Valley. In general, the goals of these programs are complementary, seeking to protect sensitive environmental resources in the region within a framework of private property rights. This Concept Plan has been prepared to complement the MSCP including the South County Subarea Plan, City of Chula Vista Subarea Plan, and the City of San Diego Subarea Plan, and the establishment of the San Diego Bay National Wildlife Refuge. Similarly, those plans provide synergy for the creation of the Regional Park. The South Bay community has been closely involved with development of the Concept Plan. EXECUTIVE SUMMARY 3 Much of the land within the Concept Plan is privately owned and has development potential based on existing zoning, land use plans, and other development regulations. The Concept Plan does not change existing zoning or land use plans, or add new development regulations. It does not preclude private development. It provides policy direction for the jurisdictions for coordinated land acquisition and development for the Regional Park within this framework of private property rights. The Concept Plan proposes a boundary for OVRP (see Figure 1), and, following the direction of the Policy Committee in the OVRP Goal Statement adopted in 1990, it: • Provides for the protection of environmentally sensitive areas and important cultural resources by identifying an open space core/preserve area; • Identifies areas adjacent to the open space core for active and passive recreational development opportunities; • Includes a trail system with staging areas, viewpoints and overlooks, and connections to recreation areas and adjacent public lands and trails; and • Envisions interpretive centers for environmental and educational programs. The Concept Plan consists of a text document and maps. Elements of the Concept Plan are: • Boundary • Alternative Boundary • Open Space/Core Preserve Area • Recreation Area • Trail Corridor • Staging Area • Viewpoint and Overlook Area • Interpretive Center • Park Study Area These Elements are applied throughout the Concept Plan area. To provide a more detailed explanation of the application of the Elements, the Concept Plan area is divided into five geographic Segments. Segments of the Concept Plan are: • South San Diego Bay to Interstate 5 • Interstate 5 to Interstate 805 • Interstate 805 to Heritage Road • Heritage Road to Otay Reservoirs Vicinity • Otay Reservoirs Vicinity OTAY VALLEY REGIONAL PARK CONCEPT PLAN4 FUTURE PLANNING AND IMPLEMENTATION Adoption of this Concept Plan does not result in modification of existing jurisdictional boundaries, change existing zoning or land use plans, or add new development regulations. As lands are acquired or developed by the public agencies, it may be necessary for each jurisdiction to adopt amendments to General, Community, and Specific Plans, as well as rezone land to be consistent with the Concept Plan Elements. Implementation actions may range from the preparation of comprehensive master plans and overall design guidelines to acquisition and development of specific areas of the Regional Park. Cooperative acquisition, planning including design, and operations and maintenance of OVRP are expected to continue under the JEPA, last amended in 2012 (see Appendix A). One of the terms agreed upon under the 2006 JEPA includes the provision that the JEPA shall continue in full force and effect for 25 years from 2006, or until terminated by any of the agencies. CHAPTER 1—INTRODUCTION 5 INTRODUCTION The Otay River Valley has a rich history of human occupation and resource use. Over 9,000 years ago, prehistoric Native Americans were early inhabitants, taking advantage of the valley’s abundant natural resources. In 1769, Father Serra chose the Otay River Valley as his first camp as he traveled north to establish the missions in what is now California. In the early 1800s, vast Spanish ranchos covered the area, and cattle grazed on the gentle mesas surrounding the river. Later, pioneer farmers and wine makers settled the valley, attracted by its fertile soils. South San Diego Bay became the source for commercial salt production in the 1850s. In 1886 construction was initiated on Otay Dam by the Otay Water Company. The dam was completed by the Southern California Mountain Water Company between 1894 and 1897. In 1913 the City of San Diego purchased the reservoir. During the southern California Floods of 1916, the dam failed, flooding the Otay River Valley and scouring the river valley to the sea. The dam was reconstructed between 1917 and 1919 and named Savage Dam. Otay Reservoir continues to support growth in San Diego, and the reach of the river below the dam has been a source of sand and gravel resources since the 1920s. Today, with increasing urbanization, land use in the Valley is still changing. With the creation of Otay Valley Regional Park (OVRP), the Otay River Valley will continue to serve South Bay residents and visitors by providing recreation opportunities ranging from playing fields and picnic areas to hiking, biking, and horse trails, while protecting open space, conserved lands, wildlife, historic, agricultural, and archaeological resources. This Concept Plan forms the basis for creation of OVRP. Introduction to Otay Valley Regional Park and This Concept Plan1 OTAY VALLEY REGIONAL PARK CONCEPT PLAN6 The OVRP Policy Committee (PC) adopted this Goal Statement on June 1, 1990. A Joint Exercise of Powers Agreement (JEPA) for coordinated acquisition, planning, and design of OVRP was executed on January 30, 1990. This JEPA was rescinded and a new JEPA was adopted on July 5, 2006, to include operations and management, which was then amended on July 31, 2012. (See Appendix A) GOAL STATEMENT The Otay Valley Regional Park will represent one of the major open space areas within the southern area of San Diego County, linking south San Diego Bay with Lower Otay Reservoir. The Park will fulfill the need to: • Provide a mix of active and passive recreational activities, • Protect environmentally sensitive areas, • Protect cultural and scenic resources, and • Encourage compatible agricultural uses in the Park. To insure that OVRP meets the diverse goals of a Regional Park, attention shall be focused not only on providing recreation facilities and protecting resources, but on coordinating the Park’s development with adjacent land uses to insure compatible development, buffering, and linkages with other regional resources. A comprehensive management plan shall be implemented that will not only address the long-term management of the Park, but will also: • Provide for the protection of Park visitors and Park neighbors, • Develop environmental and recreational programs, and • Enhance Park/open space activities and resources. OVERVIEW OF THE CONCEPT PLAN This Concept Plan is the result of a multi-jurisdictional planning effort in the Otay River Valley by the County of San Diego and the Cities of Chula Vista and San Diego. Much of the land within the Concept Plan is privately owned and has development potential based on existing zoning, land use plans, and other development regulations. The Concept Plan does not change existing zoning or land use plans, or add new development regulations. It does not preclude private development. It provides policy direction for the jurisdictions for coordinated land acquisition and development for the Regional Park, within this framework of private property rights. CHAPTER 1—INTRODUCTION 7 It proposes a boundary for OVRP, and, following the direction of the Policy Committee in the Goal Statement, it: • Provides for the protection of environmentally sensitive areas and important cultural resources in an open space core; • Identifies areas adjacent to the open space for active and passive recreational development opportunities; • Includes a trail system with staging areas, view points and overlooks, and connections to adjacent public lands and trails; and • Envisions interpretive centers for environmental and educational programs. In the almost 20 years since the original Concept Plan was developed, some of the land uses in the Otay River Valley and the surrounding areas have changed. At the direction of the Policy Committee, the Concept Plan was updated in 2016 to reflect existing conditions and evaluate the feasibility of proposed elements. The Concept Plan consists of both this text document and the accompanying maps. This Concept Plan does not call for specific types of recreational development or give detailed design plans for specific areas. These development decisions will be made as master plans and site-specific development plans are prepared. OTAY VALLEY REGIONAL PARK CONCEPT PLAN8 ORGANIZATIONAL STRUCTURE Policy Committee The Joint Exercise of Powers Agreement (JEPA) establishes a three member Policy Committee (PC), consisting of one member from each participating jurisdiction, to set policy for the Regional Park. The PC members are appointed by their respective Board and Councils and have traditionally represented the districts that include the Otay River Valley. The PC provides direction to the jurisdictions and appoints the Citizens Advisory Committee (CAC), makes decisions about planning and acquisition for the Park, and provides recommendations relating to OVRP to their respective jurisdictions. Citizen Advisory Committee The 2012 amended JEPA establishes a 21-member CAC to advise the PC on matters on which the PC requests such advice and to support agency staff in various OVRP matters. CAC members are appointed by the PC. CAC membership is composed of members of the community, members of community organizations, property owners, and others interested in OVRP as determined by the PC. Joint Staff The planning effort is implemented by staff from each jurisdiction. Joint Staff provides technical park planning support and administrative assistance to the PC as well as to the CAC. The County of San Diego has the lead for administrative responsibilities and maintains the official records for the JEPA. Executive Management Team An Executive Management Team (EMT), consisting of one management representative from each jurisdiction, was formed for OVRP in February 1992. The EMT provides a unified vision for the Regional Park and assures the commitment for staffing and resources from each jurisdiction for the Regional Park efforts. JURISDICTIONAL STAFFING County Parks and Recreation Department Chula Vista Department of Development Services San Diego Park and Recreation Department EXECUTIVE MANAGEMENT TEAM County Director of Parks and Recreation City of Chula Vista Director of Recreation City of San Diego Director of Park and Recreation PRESENT POLICY COMMITTEE MEMBERS County Supervisor Greg Cox (District 1) Chula Vista Councilmember Steve Miesen (District 4) San Diego Councilmember David Alvarez (District 8) CHAPTER 1—INTRODUCTION 9 OTHER REGIONAL PLANNING EFFORTS IN THE OTAY RIVER VALLEY Several regional planning efforts that include the Otay River Valley were underway at the original adoption of the Concept Plan. In general, the goals of these planning efforts are complementary, seeking to protect sensitive environmental resources in the region within a framework of private property rights. These regional plans have shaped the development of the OVRP Concept Plan. The Concept Plan was prepared to complement those adopted plans, just as they provide synergy for creation of the Regional Park. The Multiple Species Conservation Program (MSCP) is a comprehensive habitat conservation planning program for the southwestern portion of San Diego County. The MSCP identifies the open space core of the OVRP Concept Plan as open space in its Multiple Habitat Planning Area. Distinct from the open space lands within the planning area are the City of San Diego’s MSCP Cornerstone Lands surrounding Upper and Lower Otay Reservoirs and Proctor Valley. These lands are held in perpetuity, committed to ecosystem services for habitat and source water protection. The distinction is the limited public access on Cornerstone Lands. Recognizing the importance of this regional conservation effort, the Concept Plan has been developed to be consistent with the various MSCP Subarea Plans. Uses and development of the Regional Park are subject to the development guidelines of the MSCP in order to meet regional goals of protecting important environmentally sensitive areas. The San Diego National Wildlife Refuge is the U.S. Fish and Wildlife Service’s contribution, in cooperation with the MSCP plan and other conservation plans, to conserve and manage wildlife habitats and to provide for wildlife-related public use opportunities in the San Diego Region. Currently, the Refuge is composed of the Otay-Sweetwater Unit and the Vernal Pools Stewardship Project. Multiple Species Conservation Program (MSCP) U.S. Fish and Wildlife Service San Diego National Wildlife Refuge OTAY VALLEY REGIONAL PARK CONCEPT PLAN10 METHODOLOGY AND PLANNING CONSIDERATIONS Community Involvement The South Bay community has been closely involved with development of this Concept Plan. A Community Workshop co-sponsored and facilitated by the National Park Service (NPS) in the formative year of the planning effort elicited community concerns and visions for the future of the Otay River Valley. These community visions were formalized by Joint Staff and the NPS in the OVRP Progress Plan, an early planning document that served to frame discussions about acquisition and development of OVRP in early stages of Park planning. The CAC, representing a variety of stakeholders in the Otay Valley, has provided ongoing input into plans for OVRP. Meeting regularly and using the Progress Plan as an interim basis for its recommendations, the CAC has advised on acquisitions for the Regional Park, private development plans adjacent to the Focused Planning Area (FPA) that would likely impact enjoyment of the park and the land uses and policies that are included in the Concept Plan. Community, environmental, recreational, and property owner special interest groups were consulted throughout 1995 and 1996 through presentations of the preliminary draft Concept Plan map by Joint Staff. The CAC was also consulted regarding the update of Concept Plan in 2016. EXISTING CONDITIONS 11 ENVIRONMENTAL SETTING Regional and Local Setting OVRP is located in the southern portion of San Diego County, four miles north of the United States/Mexico International Border. The Regional Park to be developed through this Concept Plan extends from the southeastern edge of the salt ponds at the mouth of the river, through the Otay River Valley, to the land surrounding both Lower and Upper Otay Reservoirs. Heritage Road separates the western, urban area of the valley from the more rural, open space lands to the east. West of Heritage Road, the river’s terraces have been developed with commercial, industrial, and residential uses. The Concept Plan Boundary is limited to the open lands of the floodplain and valley slopes defined by this urban development. East of Heritage Road, the slopes along the valley are part of the Otay Ranch Planned Community, which are being developed. The floodplain and portions of the slope remain in open space. Here the Regional Park spreads out to incorporate the important habitat lands in finger canyons and on Otay Ranch that have been designated as part of the Otay Ranch Preserve. The central core of the valley, including most of the floodplain, remains open from the Bay to the Otay Reservoirs. However, the river bed itself has been used as a source of sand and gravel extraction and has been altered from its natural width and depth. Existing Conditions2 SOUTHWEST SAN DIEGO COUNTY San Diego Bay Coastal Plains Marine Terraces River Valley Canyons Mesas Mountain Slopes OTAY VALLEY REGIONAL PARK CONCEPT PLAN12 Topography/Land Form The topography of the planning area follows a typical San Diego County river pattern. At its mouth, the Otay River flows into South San Diego Bay. Thirteen miles to the east, at the eastern end of the Park, the slopes around the Otay Reservoirs reach an elevation of 600 feet. The majority of the western portion of the Concept Plan area is characterized by relatively flat lands, with slopes of less than ten percent. The majority of these flat lands are within the floodway and floodplain of the Otay River. In this portion of the Concept Plan area, the floodway and floodplain have been altered by mining operations. Salt ponds have been created at the river/bay interface and several fresh water ponds have been carved out of the floodplain. This western portion of the floodplain is relatively flat, with a gentle upward slope to the north and much steeper, higher slopes along the southern edge, some of them greater than 25 percent. The eastern portion of the Concept Plan area includes Rock Mountain, Dennery, Johnson, and O’Neal Canyons, the major finger canyons along the south side of the river, and culminates at the Upper and Lower Otay Reservoir area. The relatively flat areas on the mesas at the eastern end of the Otay Valley are planned for development per the Otay Ranch General Development Plan, with only one mesa below the Lower Otay Reservoir remaining undisturbed supporting the San Diego Vernal Pool Complex. Hydrology The Otay River Watershed lies between the Sweetwater River basin to the north and the Tijuana River basin to the south. The eastern end of the watershed originates on the west slope of the Laguna Mountains and flows into South San Diego Bay. Runoff from the watershed is impounded in Upper and Lower Otay Reservoirs, limiting flow west of the dam system. The most significant hydrologic change affecting Otay River hydrology occurred in 1886 when the Otay Water Company began construction on the South San Diego Bay River Mouth Salt Ponds Floodway Floodplain Ponds Vernal Pools Mesas Hillsides Valley/Canyon Slopes Otay Reservoirs Watershed: 143 square miles EXISTING CONDITIONS 13 original Otay Dam. The dam construction was completed in 1897 by the Southern California Mountain Water Company. In 1898, the company began constructing another dam in the watershed on a tributary to Otay River, Proctor Creek. The City of San Diego purchased the reservoirs in 1913 to supply water for the burgeoning population. In 1916 the Lower Otay Reservoir dam failed catastrophically after heavy rains sent water flowing over the dam, undermining the inadequately built impounding structure. In under three hours over 16 billion gallons of water roared to the sea, depositing everything in its path into the bay. The current dam was completed in 1919 and is named Savage Dam after the engineer in charge of its design and construction. Both reservoirs were designed for water supply storage, not flood control. Today Lower Otay Reservoir stores local source water and raw water supplies from the regional aqueduct system. Water drawn from Lower Otay Reservoir is treated at the Otay Water Treatment Plant near the dam and distributed as potable water to over 250,000 people in San Diego, Coronado, and Imperial Beach. Biological Resources The Otay River Valley once supported abundant vegetation that served as a focal point for life in the South Bay. But, over time, the quality and integrity of biological resources in the valley have been fragmented and disturbed by a variety of human activities. Salt mining, sand and gravel extraction operations, agriculture, urban development, and damming of the river at Lower Otay Reservoir have contributed to the current condition of the biological resources in the river valley. Thirteen vegetation communities have been identified in the area covered by the Concept Plan. These communities, as well as the ponds and lakes, function as habitat to a variety of birds, mammals, reptiles, and amphibians, including sensitive, rare, and endangered species. (See Appendix D for a description of these vegetation communities.) Floodway/Floodplain Characteristics River length: 13 miles Precipitation: 10–18 inches/year; typically, November through March Reservoirs: >50,000 acre/feet Annual Grassland Chamise Chaparral Developed Habitat Diegan Coastal Sage Scrub Freshwater Marsh Maritime Succulent Scrub Mulefat Scrub Open Water Ruderal Vegetation Southern Mixed Chaparral Southern Willow Scrub Sycamore Woodland Vernal Pools - Mima Mounds OTAY VALLEY REGIONAL PARK CONCEPT PLAN14 Cultural Resources People have occupied the Otay River Valley and Otay Mesa for the last 9,000 years. The area provided an abundance of water and related plant and animal food sources, as well as a rich source of metavolcanic rock, used for the production of stone tools. Cultural research projects in OVRP have identified over 280 cultural resources (both prehistoric and historic) in the park planning area. These include isolated artifacts, lithic artifact scatters, temporary camps, habitations sites, historic buildings, and historic trash deposits. Two large prehistoric village complexes are located in the planning area. These sites provide essential information regarding prehistoric and historic use and settlement of the Otay River Valley, as well as the large Otay Mesa area and San Diego County. The sites on Otay Mesa are interrelated through both time and space, and each site provides information to understand the past 9,000 years of occupation on Otay Mesa. The first nonnative settlement in the Otay River Valley took place in the 1800s with Spanish settlements in California. Development of Otay Mesa began in the late 1880s in response to an economic boom that brought thousands of people to the San Diego area. Land on Otay Mesa was promoted by speculators on the basis of its agricultural potential and plans for future irrigation facilities. Otay Ranch, one of the largest land holdings in San Diego County, was assembled by Stephen and Mary Birch in the late 1930s. Historic resources remaining within the park planning area include the Otay Ranch complex, portions of the Otay Dam, and the Western Salt Works. URBAN SETTING Regional and Local Setting The planning area for the park lies within the boundaries of several jurisdictions, with the land within the Concept Plan Boundary in the County of San Diego and the Cities of San Diego and Chula Vista. The communities of Montgomery, Otay, Otay Mesa, and Otay Mesa/Nestor border the river. Regional access is available from Interstates 5 and 805, State Route 125, and an existing trolley station located adjacent to the Regional Park at Palm Avenue and Hollister Street in San Diego. West of Interstate 805, Main Street and Palm Avenue parallel the length of the valley along its north and south sides. A number of existing and planned local roads and trails that cross the valley will also provide access to the Park. Regional access from HISTORY Spanish Period 1769–1821 Mexican Period 1821–1848 American Period 1848–present San Diego Chula Vista County of San Diego Imperial Beach Coronado National City PREHISTORY Early Period San Dieguito/La Jolla 7000 B.C. to 500 B.C. Late Period Kumeyaay A.D.850 EXISTING CONDITIONS 15 Coronado and Imperial Beach is available from Silver Strand Boulevard and points of Palm Avenue. The Bayshore Bikeway provides regional bicycle access. General and Community Plans The Cities of San Diego and Chula Vista and the County apply a variety of General and Community Plans to the area covered by the Concept Plan. Overall, the General Plans for all jurisdictions designate the majority of the area within the Concept Plan as Open Space or Environmentally Constrained Lands. The Chula Vista Land Use and Transportation Element of the General Plan calls for establishment of the Chula Vista Greenbelt surrounding the City and following the Otay River at its southern edge. The Community Plans covering the area recognize the value of the river valley as a natural asset to their communities. They include policies that recommend preservation of open space in the river valley and encourage public and private recreational development in the area. Several of the Community Plans encourage establishment of OVRP. Zoning and Other Regulations Each jurisdiction has applied zoning regulations to lands within the Concept Plan area. The majority of land in the Concept Plan is zoned “agricultural” or “floodway” with limited areas of residential, commercial, and industrial zoning. Some of the industrially zoned areas fall within the floodplain of the river. Other development regulations have been applied in the valley. Both the City of San Diego and the County have adopted resource protection ordinances to protect sensitive environmental resources. The Resource Management Plan (RMP) for Otay Ranch includes guidelines for protection and management of lands in the Otay Ranch Preserve. Resource Management Plan Phase 2 for Otay Ranch is the implementing document to protect and manage lands in the Otay Ranch Preserve. SAN DIEGO Progress Guide and General Plan Otay Mesa Community Plan Otay Mesa/Nestor Community Plan MSCP Subarea Plan CHULA VISTA General Plan MSCP Subarea Plan Chula Vista Greenbelt Master Plan Otay Ranch General Development Plan COUNTY General Plan South County MSCP Subarea Plan Otay Ranch Subregional Plan ZONING Agricultural Floodway/Plain Limited Residential, Commercial, Industrial Resource Protection Ordinances (RPOs) Resource Management Plan (RMP) State Mining and Reclamation Act (SMARA) OTAY VALLEY REGIONAL PARK CONCEPT PLAN16 Land Uses: West of Heritage Road Heritage Road separates the western, urban area of the valley from the more rural, open space lands to the east. West of Heritage Road, north of the river, the river’s terraces have been developed with a heavily urbanized mix of commercial, industrial, and residential uses. On the south side of the river, on the valley floor and adjoining mesa, land uses are predominately residential, with associated public and commercial facilities. Uses within the area designated for the Regional Park include two asphalt and concrete batch plants, commercial recreation developments (J. R. Southbay Golf, Aquatica Seaworld Waterpark, and Sleep Train Amphitheater), and a variety of agricultural operations including retail nurseries. Sand and gravel resources have been largely exhausted; however, the remnants of sand and gravel extraction activities remain in the form of material and equipment stockpiles, ponds, and assorted debris. Land Uses: East of Heritage Road East of Heritage Road, the valley remains more rural agricultural and open space lands. A number of large public facilities have been sited in the vicinity, including the East Mesa Detention Facility, the R. J. Donovan Correctional Facility, and Brown Field Municipal Airport. The Chula Vista Athlete Training Center (CVTC), formerly known as the U.S. Olympic Training Center, is also located within the vicinity of OVRP. Private development plans have been approved for residential, commercial, and industrial developments surrounding OVRP. They include Otay Ranch, the largest planned development in San Diego County, and industrial areas with commercial nodes in both the City of San Diego and the City of Chula Vista. Much of the residential development of Otay Ranch, which is grouped into villages, has been constructed north of Olympic Parkway and East of La Media Road since the original Concept Plan was developed. Moreover, at the time of the 2016 Concept Plan, additional village developments adjacent to the northern boundary of eastern OVRP have been permitted and have broken ground. WITHIN THE CONCEPT PLAN Existing Amphitheater Asphalt/Concrete Batching Golf Driving Range Nurseries Water Park Planned Open Space Commercial Recreation ADJACENT TO THE CONCEPT PLAN Residential Commercial Industrial with Open Storage South Bay Salt Works Chula Vista Auto Park Crossings Shopping Center Otay Landfill Chula Vista Animal Care Facility EXISTING CONDITIONS 17 Planning for a 15-acre regional mixed-use commercial recreation use just east of Heritage Road within the Concept Plan Boundary is underway. In the eastern part of the valley, the Regional Park widens over the important habitat lands on Otay Ranch that have been designated as part of the Otay Ranch Preserve. Uses within the area designated for OVRP include the quarry and batching operations at Rock Mountain, the open space area of the East Mesa Detention Facility, portions of the Donovan Correctional Facility and some other open space lands owned by the County, and several public and commercial recreational uses. The public recreational uses include Otay Lakes County Park. Other recreational opportunities are available through the fishing program at the City of San Diego’s Upper and Lower Otay Reservoirs. The land immediately surrounding the Upper and Lower Reservoirs is owned by the City of San Diego for the purposes of sustaining San Diego’s water system. The Public Utilities Department manages these lands for the primary and overarching purpose of protecting water quality in the City’s source waters. The City of San Diego property surrounding the Reservoirs is also recognized as Cornerstone Lands by the City of San Diego’s Multiple Species Conservation Program (MSCP), which commits the area to habitat conservation for source water and habitat protection. These lands are not open space, therefore recreation along the northern and western edge of the Reservoirs is limited to the days and times the Reservoir is open for fishing. Important habitat lands in the Otay Ranch development will be conserved in the Otay Ranch Preserve. The Preserve extends beyond the boundary of the OVRP Concept Plan and will cover more than 11,000 acres of open space lands. About 1,000 acres of the Preserve are contiguous with OVRP. ADJACENT TO THE CONCEPT PLAN Existing East Mesa Detention Facility R.J. Donovan Correctional Facility Brown Field Municipal Airport Chula Vista Athlete Training Center Planned Otay Ranch (under development) Residential Commercial Industrial Open Space WITHIN THE CONCEPT PLAN Existing Rock Mountain Quarry Otay Lakes County Park Otay Reservoir/boat launches Open Space Planned Otay Ranch Preserve Commercial Recreation Open Space OTAY VALLEY REGIONAL PARK CONCEPT PLAN18 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 3—CONCEPT PLAN 19 INTRODUCTION Much of the land within the Concept Plan is privately owned and has development potential based on existing zoning, land use plans, and other development regulations. The Concept Plan does not change existing zoning or land use plans, or add new development regulations. It does not preclude private development. It provides policy direction for the jurisdictions for coordinated land acquisition and development for the Regional Park within this framework of private property rights. This chapter presents: • General policies relating to overall acquisition and development of the Regional Park, • Descriptions of the ELEMENTS of the Concept Plan and the policies relating to individual Elements, and • A description of the Concept Plan Elements by SEGMENTS throughout the length of OVRP and policies relating to individual Elements by Segment. ELEMENTS OF THE CONCEPT PLAN • Boundary • Alternative Boundary • Open Space/Core Preserve Area • Recreation Area • Trail Corridor • Staging Area • Viewpoint and Overlook Area • Interpretive Center • Park Study Area SEGMENTS OF THE CONCEPT PLAN • South San Diego Bay to Interstate 5 • Interstate 5 to Interstate 805 • Interstate 805 to Heritage Road • Heritage Road to Otay Reservoirs Vicinity • Otay Reservoirs Vicinity Concept Plan3 OTAY VALLEY REGIONAL PARK CONCEPT PLAN20 GENERAL POLICIES These general policies apply to all Elements of the Concept Plan throughout OVRP. Acquisition Policies POLICY: Take steps to acquire land for public use within the Concept Plan boundary from willing sellers. POLICY: Use easements to implement Concept Plan Elements when public acquisition is not possible. POLICY: Support private habitat mitigation banks that implement OVRP as a way to protect and preserve important habitat lands in private ownership. Management Policies POLICY: Coordinate open space management practices with adjacent open space areas. Development Policies POLICY: Site and develop park features and facilities, consistent with the requirements and guidelines of the MSCP and all federal, state, and local policies. POLICY: In the OVRP portion of Otay Ranch Preserve, site and develop Park features and facilities within the Open Space/Core Preserve Area consistent with the requirements and guidelines of the MSCP and the RMP. POLICY: Support private development within the boundary of the Park that implements Elements of the Plan. POLICY: Encourage and support continuation of the existing commercial recreational uses within OVRP. POLICY: Encourage private development that occurs within or adjacent to OVRP to provide linkages with OVRP trails and, as appropriate, to provide open space, recreational facilities, and staging and viewing areas in conjunction with the Regional Park. POLICY: Support commercial recreational developments within the Park that offer joint public and private use of facilities, public access points, parking, and trails into and through OVRP. POLICY: Encourage mutually beneficial agreements with private development within the boundary of the Regional Park to provide a direct economic benefit to both the Park and the development. That benefit to the park could be dedication of land, provision of easements, contribution of a portion of revenues or user fees, or some other negotiated benefit. Benefit to the development could include active support of the project by the park, joint marketing or publicity, shared development of joint use facilities, development incentives, or some other negotiated benefits to be determined. POLICY: Incorporate Staging Areas and Viewpoint and Overlook Areas within Recreation Areas whenever possible. POLICY: Encourage recreational uses as buffers between the Open Space/Core Preserve Area and new private development. POLICY: Encourage development standards for new roads across the Otay River to minimize impacts on habitat and wildlife movement as well as trail connectivity. This may include bridge and other roadway design criteria. CHAPTER 3—CONCEPT PLAN 21 CONCEPT PLAN ELEMENTS This section describes the Elements of the Concept Plan and states policies related to the Elements. The Elements are: • Boundary • Alternative Boundary • Open Space/Core Preserve Area • Recreation Area • Trail Corridor • Staging Area • Viewpoint and Overlook Area • Interpretive Center • Park Study Area Boundary The Boundary defines the area in which future park acquisition and development should occur. The Boundary is located within the Focused Planning Area (FPA) boundary and is conceptual in nature and thus does not strictly follow property lines. It is intended to outline and generally identify the areas needed to protect sensitive resources or the areas that would be suitable for recreational uses. Much of the property within the Boundary is privately owned. It is intended that this property will eventually be acquired for public park use; however, private development consistent with existing zoning and development regulations may occur. Private development of recreational uses or preservation of open space is appropriate and can serve to implement the Concept Plan Elements. Trail or open space easements within the Boundary could be used to implement the Concept Plan Elements. Alternative Boundary The Concept Plan includes an Alternative Boundary. The Alternative Boundary is used for areas that: • Are outside the FPA but have been identified as open space in private development plans and connect to the Open Space/Core Preserve Area of the Regional Park, or • Have the potential to offer a significant opportunity for open space or recreation in the future. POLICY: If questions arise about the location or extent of the Boundary, give consideration to the suitability of the questioned area for the use identified by the Concept Plan for that portion of the Park. POLICY: Consider connectivity to the Open Space/Core Preserve Area as well as appropriate ownership and financing mechanisms for managing the open space when determining the ultimate Boundary for the Park. OTAY VALLEY REGIONAL PARK CONCEPT PLAN22 Open Space/Core Preserve Area The Concept Plan Open Space/Core Preserve Area is intended to protect biologically sensitive habitat areas and provide a regional wildlife corridor from South San Diego Bay to the Otay Reservoirs. It consists of wetland areas including the Otay River, permanent and seasonal ponds and vernal pools, steep slopes, biologically sensitive areas, habitat linkages, and disturbed areas where resources will be enhanced. In general, most of the floodway and floodplain of the river and most slopes over 25 percent have been included within the Open Space/Core Preserve Area. The boundary of the Open Space/Core Preserve Area is contiguous with the Multiple Habitat Planning Area (MHPA) boundary designated in the Subarea Plans for the Cities of San Diego and Chula Vista and the County’s Southern Segment Plan of the MSCP. Trails, staging areas, viewpoints and overlooks, and interpretive centers may be located and developed within this area, subject to the requirements and guidelines of the MSCP. In addition to the MSCP, OVRP guidance documents for these Elements have also been prepared since the adoption of the original Concept Plan. Trail design should be in accordance with the Otay Valley Regional Park Trail Guidelines and the Otay Ranch RMP. A portion of the Open Space/Core Preserve Area includes sensitive resource lands that will be assembled west of Otay Reservoirs for the Otay Ranch Preserve. The Otay Ranch RMP and RMP2 guide management of Preserve lands and include guidelines for siting and developing uses within the Otay Ranch Preserve. The City of Chula Vista has an approved Greenbelt Master Plan that implements an open space and trails concept prioritized through policies in the City’s adopted General Plan. The Greenbelt consists of connected open space ringing the City of Chula Vista that includes the Sweetwater Valley and Otay Valley, connected by the Otay Reservoirs on the east and the San Diego Bay on the west. A primary trail system within the Greenbelt will consist of multi-use and rural paths that, when connected, will total approximately 28 miles in circumference surrounding the City. POLICY: Restore and enhance disturbed areas in the Open Space/Core Preserve Area consistent with the MSCP. CHAPTER 3—CONCEPT PLAN 23 The Greenbelt Master Plan addresses existing and potential trail locations, trail and staging area development standards, maintenance responsibilities, and a system of trails and open space that serves as a unifying element in linking other trails within the central areas of the City. A portion of the Open Space/Core Preserve Area surrounding the Upper and Lower Reservoirs is owned by the City of San Diego for the purposes of sustaining San Diego’s water system. The Public Utilities Department manages these lands for the primary and overarching purpose of protecting water quality in San Diego’s source waters. These Conserved Lands are not open space, therefore recreation on the western side of Reservoirs is limited to the days and times the Reservoir is open for fishing. These lands are further distinguished as MSCP Cornerstone Lands, which are held in perpetuity and committed to ecosystem services for habitat. Trails meeting the conditions set forth in the Guidelines for the Establishment, Use, and Management of Public Access Trails on Public Utilities Land may be compatible with the goals and objectives of these Conserved Lands. POLICY: Maintain the natural floodplain; discourage channelization of the floodplain. OTAY VALLEY REGIONAL PARK CONCEPT PLAN24 Recreation Area Recreation Areas are areas that may be suitable for a variety of active or passive recreational uses. They may be vacant or have existing recreational uses, are relatively flat, have been previously disturbed or lack sensitive biological resources, and have the potential for access from regional or local circulation roads. They are intended to provide land suitable for development of recreational facilities that are regional in scope and may also serve community and neighborhood needs. Typical amenities may include but are not limited to large recreational centers, passive and active turf areas, hard-court play areas, children’s play areas, restrooms, pavilions and monument signs. They may also provide Staging Areas, Interpretive Centers, Ranger Stations, and Viewpoint and Overlook Areas, as appropriate. The Recreation Areas are shown as “bubbles” on the Concept Plan Map, and, like the Park Boundary, these “bubbles” do not strictly follow property lines. They are intended to identify the general extent of areas that would be suitable for recreational uses. Certain Recreation Areas have undergone conceptual planning and public review, resulting in refined boundaries. Recreation Areas are not part of the MSCP and include both existing and proposed active and passive recreation sites in the County of San Diego and City of Chula Vista. In the City of San Diego, recreation areas may be included in the MHPA. If active recreation areas are developed in the MHPA, this may require a boundary line adjustment. Additionally many of these Recreation Areas have existing private development potential, consistent with zoning, planned land uses, and other development regulations, including the potential for private and public recreational development. Both public and private recreational developments may implement this Element of the Concept Plan. The Concept Plan does not change existing zoning or planned land uses, or add new development regulations, nor does it preclude private development in Recreation Areas consistent with existing zoning or planned land uses. It is expected that some Recreation Areas or portions of Recreation Areas may be developed privately with uses that do not implement the Concept Plan. Recreation Areas are proposed in conjunction with the requirements of the Otay Ranch development. The City of Chula Vista MSCP Subarea Plan includes guidelines for siting and developing recreational uses within the areas of the City’s Preserve and the Otay Ranch Preserve. POLICY: If questions arise about the extent of a Recreation Area, give consideration to its suitability for recreation, open space, or other private development or as a buffer between development and the Open Space/Core Preserve Area. POLICY: Develop Recreation Areas consistent with the policies and guidelines of the MSCP for development adjacent to the MHPA. POLICY: Support joint use of commercial recreational facilities within OVRP. Consider alternate private/public uses when and where appropriate. CHAPTER 3—CONCEPT PLAN 25HERITAGE RDPALM AVE ORANGE AVE Aä LA MEDIA RDO LY M PIC PK YTELEGRAPH CANYON RDO T A Y L A K E S R D HUNT E P KYOTAY LA NDFILL SATURN BLSR-905 CHULA VISTAMAIN ST LA MEDIA RDSouth San Diego Bay to Interstate 5 In terstate 5 to Interstate 8 05 In terstate 8 05 to H eritag e Road Herita ge Ro ad to Otay Reservoirs Vic inity Otay Reservoirs Vic inity S.D. COUNTY S.D. COUNTY %&s( !"^$SAN DIEGO BAY NATIONAL WILDLIFE REFUGE 13TH (SB) STPo g g i C a n y on C r e e k O ta y R iv e rCHU LA VISTA CORONADO IMPERIAL BEACH NATIONAL CITY S.D . COUNTY S.D. COUNTY S.D. COUNTY SAN DIEGO SAN DIEGO SAN DIEGO SAN DIEGO SAN DIEGO 16 7 8 15 14 13 12 9 6512 10 11 11 3 4 K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\overview.mxd 7/14/2016 355280 0.5 1 Mile ± Legend Concept Plan Boundary Park Study Area Alternative Boundary Rec Ar eas Open Space/Preserve Municipal Boundary Wildlife Ref uge Trolley Route Multi-use Trail Hike/Bike Trail \Hike Only Trail Wheelchair Accessible Path Other Trails Conceptual Trail Corridor Source: SD County DP R; SAN GIS (2015). SANDAG (2014). FIGURE 1: OVERVIEW MAP—OTAY VALLEY REGIONAL PARK CONCEPT PLAN CHAPTER 3—CONCEPT PLAN OTAY VALLEY REGIONAL PARK CONCEPT PLAN26 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 3—CONCEPT PLAN 27 Trail Corridor Trail Corridors are intended to provide a continuous link through the Regional Park, connecting the Recreation Areas and Interpretive Centers through the Open Space/Core Preserve Area. The Trail Corridor provides for hiking, bicycling, and equestrian trails, although these trails may not share the same locations and may not all be established along the entire length of OVRP. A Trail Corridor is intended to identify a generalized location for trails in OVRP. Trails should be located on both sides of the river wherever possible, with crossings where appropriate. Trail Corridors should provide looped trails and should connect to other regional trails off site, including the Bayshore Bikeway to the west, the City of Chula Vista Greenbelt trails, which will provide a connection to Sweetwater Regional Park, and the Bureau of Land Management (BLM) holdings to the east. Existing trails can be accessed through multiple trailheads in the western section of OVRP. Also mentioned within this Concept Plan are “proposed residential connections,” which are locations where residential trails from the implementation of the Otay Ranch Villages will connect to proposed trail corridors within the adjacent OVRP (see Figures 4 and 5). Within OVRP, there are approximately 9 miles of existing trails, with the potential for approximately 40 miles of conceptual trail corridors, subject to trail siting criteria. In accordance with the MSCP and RMP, additional trail corridors may be sited in the future. POLICY: Provide trails that connect to other regional trails off site and to existing and future park facilities located adjacent to or near OVRP. POLICY: Utilize existing fire and utility roads and easements for trails to minimize impacts on sensitive resources. POLICY: With the exception of Border Patrol, maintenance, and/ or emergency vehicles, prohibit off-highway (motorized) vehicle use throughout OVRP. POLICY: In 2003, the OVRP Trail Guidelines were adopted and provide guidelines for development, management, and maintenance of the OVRP trails system from the San Diego Bay, along the Otay River, and around the perimeter of Otay Reservoirs. OTAY VALLEY REGIONAL PARK CONCEPT PLAN28 Staging Area Staging Areas function as neighborhood or regional access points to OVRP and may be located conveniently near public transit stations or stops. They may provide access to Trail Corridors or Recreation Areas or link the two. There may be car and/or bicycle parking, picnic facilities, and interpretive kiosks or signs in Staging Areas. Additionally, an existing Equestrian Staging Area provides a combination of trailer parking, round pens, corrals, and hitch posts for horseback riding depending on size. In accordance with the MSCP and RMP, additional Equestrian Staging Areas may be sited in the future. Staging Areas should not be limited to those specified on the Concept Plan Map, but should be developed as opportunities are presented. Viewpoint and Overlook Area Viewpoint and Overlook Areas provide sites for short- and long-range views into and through the Regional Park. They are generally located at the edges of the Park Boundary. Some are designated in the center of the Park Boundary, near waterbodies or on mesa tops. They are intended to be used as areas for passive enjoyment of the park and may include minimal seating and interpretive signage. They are generally associated with Recreation Areas, Trail Corridors, and Staging Areas and do not stand alone in the Open Space/Core Preserve Area. Viewpoint and Overlook Areas should not be limited to those specified on the Concept Plan Map, but should be developed as opportunities are presented. Interpretive Center Interpretive Centers are intended to provide an opportunity to present environmental education and historical interpretation for OVRP users. They may include a structure with related parking areas or may be as simple as a small outdoor area with a kiosk, located along a trail or staging area. The Otay Ranch RMP calls for an Interpretive Center for the Otay Ranch Preserve. The Concept Plan envisions this Interpretive Center within the Park Boundary adjacent to the Preserve. POLICY: Encourage joint development of interpretive displays at Viewpoint and Overlook Areas located at public facilities outside of the Concept Plan Boundary. POLICY: Provide Interpretive Centers in both the western and eastern areas of the Park. CHAPTER 3—CONCEPT PLAN 29 Park Study Area Park Study Areas are areas that have a special relationship to the Regional Park. They have the potential to offer a significant opportunity for open space or recreation in the future but are: • Outside of the FPA, or • Under a conditional use permit with such a long term that the future use cannot be determined at this time, or • Have a potential for habitat restoration or resource preservation that has not been sufficiently addressed. Additional environmental and land use analysis may be necessary to determine appropriate land uses for Park Study Areas. POLICY: Give special consideration to recreational uses in future analyses to determine the appropriate land uses for Park Study Areas. CONCEPT PLAN SEGMENTS For ease of description, the Concept Plan has been divided into five Segments (see Figure 1). This section identifies and describes each Segment, the Elements in each Segment, and the Policies for each Segment. The Segments are: • South San Diego Bay to Interstate 5, • Interstate 5 to Interstate 805, • Interstate 805 to Heritage Road, • Heritage Road to Otay Reservoirs Vicinity, and • Otay Reservoirs Vicinity. OTAY VALLEY REGIONAL PARK CONCEPT PLAN30 South San Diego Bay to Interstate 5 This Segment is the western anchor of the OVRP (see Figure 2, across). It contains the following: • Swiss Park, which includes a Staging Area and trail segment that connects to the Bayshore Bikeway running along Silver Strand Boulevard. • The important habitat lands of the bay that have traditionally been used for salt mining, including the dikes and salt ponds. • The mouth of the river, which creates the marshlands of the bay/river interface. • A flatter disturbed area to the south of the river that is vacant and has been used for agricultural activities. Regional access is available from Interstate 5, Main Street, Palm Avenue, and Silver Strand Boulevard. The Bayshore Bikeway extends through this Segment. ELEMENTS IN THIS SEGMENT The western terminus of the Otay River floodplain currently includes restored riparian woodland habitat, existing and planned restoration of tidal wetlands, and commercial solar salt ponds. The majority of the land and salt ponds are now included within the boundaries of the San Diego Bay National Wildlife Refuge, managed by the U.S. Fish and Wildlife Service. The solar salt ponds and adjacent intertidal areas provide foraging and nesting habitat for a variety of migratory seabirds and shorebirds. The Refuge Comprehensive Conservation Plan proposes the phased restoration of the salt ponds, with some ponds to be maintained as water management areas to provide a range of foraging opportunities of migratory birds. RECREATION AREAS – Recreation Area #1 covers about 40 acres, and is des ignated on a site on the south side of the river between Nestor Creek and Interstate 5. The site is vacant and has been disturbed previously by agriculture. TRAIL CORRIDORS – Three existing trail corridors run through this Segment of the Concept Plan Boundary, including approximately one- quarter mile of existing hiking/biking trails and less than one-quarter mile of existing multi-use trails. • The southern loop of the Bayshore Bikeway runs along Silver Strand Boulevard, continues along the southern portion of the South Bay Wildlife Refuge, and then winds northward along Bay Boulevard. • A second trail corridor runs north/south along the existing bicycle path on Saturn Boulevard. POLICY: Encourage continued conservation of the native upland and wetland habitats at this bay/ river interface to support wildlife and provide for a positive trail experience. CHAPTER 3—CONCEPT PLAN 31 !"^$ PALM AVESATURN BLHOLLISTER ST27th STHollister Po nd Fento n Pond MAIN ST To Tijuana River Valley Regional Park SAN DIEGO BAY NATIONAL WILDLIFE REFUGE O tay River13TH (SB) STSAN DIE GO CHULA VIS TA CORONA DO IMPERIAL BEACH NATIONAL CITY 1 K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\SubSections.mxd 7/14/2016 355280 0.25 0.5 Mile ± Legend Concept Plan Boundary Rec Areas Open Space/Preserve Municipal Boundary Wildlife Refuge Trolley Route Multi-use Trail Hike/Bike Trail n{Interpretive Center J]Staging Area 4 Viewpoint /Overlook Source: SD County DPR; SAN GIS (2015). SA NDAG (2014) FIGURE 2: SEGMENT MAP—SOUTH SAN DIEGO BAY TO INTERSTATE 5 CHAPTER 3—CONCEPT PLAN OTAY VALLEY REGIONAL PARK CONCEPT PLAN32 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 3—CONCEPT PLAN 33 • The third trail corridor splits off from the Bayshore Bikeway at Swiss Park and connects eastward to other existing trail corridors. An additional trail connection proposed in this Segment could start at the Saturn Boulevard staging area and connect into the Tijuana River Valley Regional Park to the south, outside of the OVRP Boundary. Further studies would need to be completed to implement this connection. STAGING AREAS – There are three existing Staging Areas in this Segment and its immediate vicinity. • One Staging Area is located at the Silver Strand South Bay Marine Biology Study Area, along the Bayshore Bikeway. This Staging Area is part of the San Diego Bay National Wildlife Refuge, managed by the U.S. Fish and Wildlife Service. • A second Staging Area is also located at the corner of Saturn Boulevard and Boundary Avenue, which is within the OVRP Boundary. • Swiss Park contains parking and a trailhead leading eastward into OVRP. This area is owned by San Diego County Swiss Club, Inc., and managed by a maintenance agreement between the Club and the County of San Diego. VIEWPOINT AND OVERLOOK AREAS – Several Viewpoint and Overlook Areas exist and are located adjacent to the Segment. These are just outside of the OVRP Concept Plan Boundary and are part of the San Diego Bay National Wildlife Refuge, managed by the U.S. Fish and Wildlife Service. They provide connectivity to the OVRP. • The first is at the South Bay Marine Biology Study Area. This Viewpoint and Overlook Area offers short-range views into the salt ponds and long- range views across the bay to the mountains at the eastern end of OVRP. It provides an excellent opportunity for bird watching. • A second Viewpoint and Overlook Area is located at the north end of 13th Street. It provides views into the salt ponds and north across the bay to downtown San Diego. • A third is located at Palm Avenue between 13th Street and 15th Street. It also provides views into the salt ponds and north across the bay to downtown San Diego. • A fourth Viewpoint and Overlook will be built at the northern end of 8th Street, providing additional views into the salt ponds and north across the bay. INTERPRETIVE CENTER – A small scale interpretive center, consisting of an outdoor kiosk with interpretive signage is located within the adjacent South Bay Wildlife Refuge. It provides interpretation and information about the resources at the bay/river interface and the unique relationship between the salt mining activities and natural resources. OTAY VALLEY REGIONAL PARK CONCEPT PLAN34 Interstate 5 to Interstate 805 This Segment runs through a highly urbanized area (see Figure 3, across). It contains the following: • About 78 acres of habitat lands in the floodway/floodplain that were purchased by the Cities of Chula Vista and San Diego for OVRP with funds from the California Coastal Conservancy. • Lands in private ownership currently operating under conditional/special use permits from the City of San Diego for mining and concrete and asphalt batching activities. These lands include a series of seasonal and permanent fresh water ponds created by previous mining activities. • Private property currently developed with J R South Bay Golf. • Disturbed and undisturbed steep slopes along the south side of the river in the eastern portion of the Segment. • Sites with gentler slopes and level areas along the floodplain fringe on both sides of the river. These sites are vacant. A eucalyptus grove exists on the south side of the river. Regional access is available from Interstates 5 and 805 as well as a trolley station at Palm Avenue and Hollister Street. Local access is available from Finney trailhead and Palm Avenue trailhead in the City of San Diego, and Palm Avenue, Main Street, Hollister Street, Mace Street, Rios Avenue, Rancho Drive, Beyer Boulevard, and Beyer Way in the City of Chula Vista. ELEMENTS IN THIS SEGMENT OPEN SPACE/CORE PRESERVE AREA – This Element is designated over a major portion of the floodway and floodplain in this Segment. Areas currently used by mining and batching operations are recommended to be converted to open space at the end of their permitted operations. Hollister Pond, Fenton Pond, Heart Pond, and Le May Pond are also in this Segment. RECREATION AREAS – Six Recreation Areas totaling about 160 acres are included along both sides of the river in this Segment. • Recreation Area #2: about 25 acres; partially developed lot under private ownership, containing J R South Bay Golf and the former Fun Farm Go- Kart and Arcade, which is now closed. • Recreation Area #3: about 45 acres; a portion of this area is currently being leased to Terra Bella Nursery, with conceptual plans to develop an active recreation sports complex. • Recreation Area #4: about 12 acres; vacant, potential community park with trail connections to OVRP trails. • Recreation Area #5: about 10 acres; vacant, with a creek drainage running north to south. POLICY: Convert land uses from sand and gravel mining and batching operations to open space or uses consistent with the Concept Plan as conditional use permit terms expire. POLICY: In light of the potential value of the terrace lands west of Interstate 805 and north of the river for accommodating active recreation and for providing a buffer to the floodway of the river channel, be amenable to acquisition of parcels in these terrace lands as they become available, and if they are not encumbered by environmental pollution or other factors making them unsuitable for park development. CHAPTER 3—CONCEPT PLAN 35 %&s( !"^$ PALM AVE PALM AVE ORANGE AVE SATURN BLHOLLISTER STBEYER BLBEYER WYMACE ST4th AVBEYER WY27th STHollister Po nd Fento n Pond Heart Pond Le May Pond MAIN ST RIOS AVTo Tijuana River Valley Regional Park Poggi Canyon CreekPoggi Canyon CreekO ta y R iv e rMAIN ST MAIN ST SAN D IEGO CHULA V ISTA NATIONAL CITY 32 65 4 7 K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\SubSections.mxd 7/14/2016 355280 0.25 0.5 Mile ± Legend Concept Plan Boundary Rec Areas Removed Rec Area Open Space/Preserve Municipal Boundary Trolley Route Multi-use Trail Hike/Bike Trail \Hike Only Trail Wheelchair Accessible Path Conceptual Trail Cor ridor !É Multi Use Staging !@ Ranger St ation J]Staging Area n¡Trail Heads n¤Trolley Station 4 Viewpoint /Overlook Source: SD County DPR; SAN GIS (2015). SA NDAG (2014) FIGURE 3: SEGMENT MAP—INTERSTATE 5 TO INTERSTATE 805 CHAPTER 3—CONCEPT PLAN OTAY VALLEY REGIONAL PARK CONCEPT PLAN36 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 3—CONCEPT PLAN 37 • Recreation Area #6: about 35 acres; vacant, with a creek drainage running north to south. • Recreation Area #7: about 25 acres; eucalyptus groves, vacant, adjacent to Interstate 805. This Recreation Area has been reclassified to Open Space, and the site may prove suitable for future habitat restoration. TRAIL CORRIDORS – There are seven trailheads in this Segment leading to trail corridors along both the north and south sides of the river with looped connections that create a series of shorter loops suitable for use in this urbanized area. There are approximately 8.5 miles of existing trails in this Segment of the Concept Plan Boundary. • A trailhead is located north of the Palm Avenue trolley station in the City of San Diego, which connects Swiss Trail to the rest of the trails within OVRP. • Palm Avenue Trail serves hikers and bikers, and starts with a trailhead south of the river, on the northern side of Palm Avenue in the City of San Diego, through Recreation Area #3. • Another trailhead is located at Beyer Boulevard, along with the City of San Diego Ranger Station. This area provides Americans with Disabilities Act (ADA)-accessible trails around Fenton Pond. • A trailhead is located south of the river at Beyer Way, adjacent to important resource areas. • A trailhead located at the southern end of Palm Avenue in the City of Chula Vista, north of Otay River, features a direct trail crossing over Otay River. • Finney Trailhead is an ADA-accessible pathway and trail to Finney Overlook. A steeper trail also connects from the trailhead to the valley floor south of the Otay River. • An additional trailhead is located at Melrose Avenue, north of Otay River. Equestrian trail use has been permitted east of Beyer Way to Interstate 805, with the potential to extend farther east. OTAY VALLEY REGIONAL PARK CONCEPT PLAN38 STAGING AREAS – Six Staging Areas are located in this Segment. • One Staging Area is located along Hollister Street, south of Main Street. • A second is on the north side of Otay River, at 27th Street. • A ranger station on Beyer Boulevard serves as a regional Staging Area, with a trailhead into Otay River Valley. • A fourth Staging Area is located on the north side of the river, at Beyer Way. • A regional equestrian Staging Area is located at Mace Street. • A sixth Staging Area is located at Rios Avenue. VIEWPOINT AND OVERLOOK AREAS – Four viewpoints have been identified in this Segment. • Hollister Pond viewing deck is located on the north side of Hollister Pond and equipped with a viewing telescope for hikers. • Several viewpoints are located at Fenton Pond and include interpretive signage. • Willett Grove, near Fenton Pond, serves as a viewpoint and a dedication to former CAC Chair John Willett. • Another viewpoint at Finney Elementary School offers unique opportunities to coordinate with the schools to provide interpretive signage and materials for students. CHAPTER 3—CONCEPT PLAN 39 Interstate 805 to Heritage Road This Segment is very environmentally disturbed and degraded. Sand and gravel extraction in the stream bed have shifted the natural path of the river and created artificial elevations in the floodway/floodplain. Development along both sides of the river and widening of Otay Valley Road have constrained the river to a very narrow corridor in this Segment (see Figure 4, next page). This Segment contains the following:: • A narrow floodway/floodplain corridor where no activities currently occur. • Dennery Canyon, which has largely become dedicated parkland/open space. Additional dedication is anticipated. • The Sleep Train Amphitheater and Aquatica SeaWorld Water Park. Access is available from Main Street, at the south end of Brandywine Avenue, at Heritage Road and Entertainment Circle, and Dennery Road. ELEMENTS IN THIS SEGMENT OPEN SPACE/CORE PRESERVE AREA – The narrow river corridor and Dennery Canyon have been designated as Open Space/Core Preserve Area in this Segment. ALTERNATIVE BOUNDARY – The southwest portion of OVRP within this Segment, formerly within the Alternative Boundary, is now included within the Concept Plan Boundary with the Open Space/Core Preserve Area designation, and provides open space on additional canyon slopes and hillsides contiguous with Dennery Canyon. This area connects habitat and a wildlife corridor within the OVRP. An Alternative Boundary also extends the Park north, with the Park Study Area designation, to the Otay Landfill. The Landfill is outside of the FPA and has a long operating term. Final uses for the site have not yet been determined. Therefore, the connection and use within the Regional Park cannot be assessed. The Alternative Boundary is used for the Landfill so that future open space or recreational opportunities within the context of the Regional Park may be assessed. RECREATION AREAS – Two Recreation Areas are located in the Segment. • Recreation Area #8: about 8 acres; this area, relocated to the north side of Dennery Road, is intended for the creation of a neighborhood park. POLICY: When the Otay Landfill closes, if open space or recreational uses are developed, extend trails from OVRP to connect to the landfill area. POLICY: When considering end uses for the Otay Landfill, consider the area’s proximity to OVRP. POLICY: Encourage development of viewpoints and overlooks in this Segment. OTAY VALLEY REGIONAL PARK CONCEPT PLAN40 • Recreation Area #9: about 145 acres; includes Sleep Train Amphitheater and Aquatica SeaWorld Water Park have been developed on this site, which was previously designated for industrial development. TRAIL CORRIDORS – Trail corridors run along both sides of Otay River. There are approximately 9 miles of trail corridor proposed in this Segment within the Concept Plan Boundary. • The southern alignment is a proposed multi-use trail primarily along utility easements running along the bottom of the slopes of the south side of the river. This segment would extend south into Dennery Canyon. • The northern segment is a proposed multi-use trail and has a potential extension north to the Otay Landfill. The Trail Corridors are shown crossing the river east of Interstate 805, and under the bridge at Heritage Road. • Trails from the Otay Mesa Community Plan have been mapped in the southern portion of this segment as “Other Trails,” which serve as connectors to OVRP. • Although the Open Space/Core Preserve Area is narrow in this Segment, it may be possible to site trails along the lower slope easement for Main Street on the north side of the river. STAGING AREAS – Staging areas in this Segment would provide regional and local access into the Park. • A small Staging Area is proposed in the southern portion of the Chula Vista Auto Park, just east of Interstate 805. • Another Staging Area is proposed within Recreation Area #9. PARK STUDY AREA – The Otay Landfill is designated as a Park Study Area. Although it is outside of the FPA for the Regional Park and it has a long operating term, when it closes it may offer recreational or open space opportunities for the region. These opportunities should be explored in the context of their proximity to OVRP. VIEWPOINT AND OVERLOOK AREAS — Although none have been identified in this Segment, they should be developed as opportunities are presented. CHAPTER 3—CONCEPT PLAN 41HERITAGE RD%&s( PALM AVE ORANGE AVE Aä LA MEDIA RDOTAY LAN DFILL SR-905 CHULA V ISTA BEYER WYMACE ST4th AVBEYER WYHea rt Pond Le May Pond RIOS AVPoggi Canyon CreekPoggi Canyon CreekOtay River MAIN ST PALM AVCHULA V ISTA SAN DIE GO S.D . COUNTY S.D. COUNTY 9 8 K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\SubSections.mxd 7/14/2016 355280 0.25 0.5 Mile ± Legend Concept Plan Boundary Park Study Area Alternative Boundary Rec Areas Open Space/Preserve Municipal Boundary Proposed Residential Tr ail Connections Trolley Route Other Trails Conceptual Trail Corridor J]Proposed Staging Area Source: SD County DPR; SAN GIS (2015). SANDAG (2014) FIGURE 4: SEGMENT MAP—INTERSTATE 805 TO HERITAGE ROAD CHAPTER 3—CONCEPT PLAN OTAY VALLEY REGIONAL PARK CONCEPT PLAN42 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 3—CONCEPT PLAN 43 Heritage Road to Otay Reservoirs Vicinity With the exception of Rock Mountain, the majority of this Segment is part of the planned Otay Ranch Preserve (see Figure 5, next page). This Segment includes The Otay Ranch General Development Plan/ Subregional Plan from Heritage Road east to the Otay Reservoir, including: • A portion of the planned Otay Ranch Preserve, which will cover important habitat lands in the Segment, including a large vernal pool area and sensitive cultural sites; • A portion of the undeveloped area of the R.J. Donovan Correctional Facility; and • State Route 125, which currently has four lanes, but will expand to eight lanes per California Department of Transportation planning documents. Access is possible at Heritage Road, La Media Road, State Route 125, Alta Road, and Main Street as Otay Ranch develops. ELEMENTS IN THIS SEGMENT OPEN SPACE/CORE PRESERVE AREA – This area is contiguous with a portion of the Otay Ranch Preserve in this Segment. RECREATION AREAS – Two Recreation Areas are designated in this Segment, and will be developed in conjunction with the RMP for the Otay Ranch Preserve, which calls for up to 400 acres of recreational uses within the Preserve. Within the Chula Vista MSCP Subarea Plan, approximately 205 acres of the 400 acres are identified for active recreation uses in OVRP and have been granted Take Authority. • Recreation Area #10: about 120 acres; previously used as the Bird Ranch/Gun Club. The site will be subject to a future study evaluating the design and practicality of a development as a public/private sports complex. In addition to a sports complex, the study should evaluate the feasibility of a demonstration agricultural area which is envisioned and discussed in the Otay Ranch RMP2. The site will also include approximately 15 acres that is designated for a mixed-use commercial development area just east of Heritage Road. • Recreation Area #11: about 85 acres; vacant land disturbed by agricultural activities and grazing, proposed as a community park that may include a sports complex, parking, restrooms, and other support facilities. It should be located on both sides of the corridor for State Route 125. Sensitive cultural resources may constrain development of this area. POLICY: Encourage and support creation of the Otay Ranch Preserve as a method of implementing Park goals. POLICY: Arrange coordination between Otay Ranch planners and OVRP staff so as to preserve viable wildlife corridors and meaningful recreational connections between Poggi and Wolf canyons and OVRP. POLICY: Cluster Recreation Area #11 development around State Route 125 and Hunte Parkway to provide convenient access and minimize disturbance to the Open Space/Core Preserve Area. OTAY VALLEY REGIONAL PARK CONCEPT PLAN44 TRAIL CORRIDORS – Trail Corridors extend along both sides of the river. There are approximately 12 miles of Trail Corridors proposed for this segment within the Concept Plan Boundary. • The northern alignment runs along Wiley Road and through the southernmost portion of the Rock Mountain Quarry site out to Main Street, a majority of which is a part of the Chula Vista Greenbelt Trail. • Three river crossings are proposed: at Recreation Area #10, at Recreation Area #11, and eastward toward Otay Lakes County Park. • The southern alignment also follows Johnson and O’Neal canyons and continues off site to regional trails proposed in Salt Creek Canyon and farther to the east/southeast into BLM lands. • Three proposed residential trail connections would connect residential trails to Trail Corridors within the park. STAGING AREAS – A Staging Area is proposed south of Otay River, along Heritage Road in the proximity of Recreation Area #10. VIEWPOINT AND OVERLOOK AREAS – Although no Viewpoint and Overlook Areas are identified in this Segment, they should be developed as opportunities are presented. INTERPRETIVE CENTER – An Interpretive Center is included in this Segment and is also proposed as part of the Otay Ranch RMP. This Segment provides a potential location in the vicinity of Recreation Area #11. This Interpretive Center could also be constructed jointly with support facilities such as a Ranger Station for the area. PARK STUDY AREAS – Two Park Study Areas were identified in the original Concept Plan; however, one of which has since been removed. Although two have been identified in this Segment, only one remains as a Park Study Area: • Operations at Rock Mountain are expected to continue for about 50 years. A number of land uses, including recreational uses, may be appropriate when operations are discontinued and the site is reclaimed • A 30- to 50-acre area east of the former Gun Club/Bird Ranch was previously designated as a Park Study Area. Upon adoption of the City of Chula Vista MSCP Subarea Plan this site was incorporated as Open Space. POLICY: Coordinate trail planning with the State Department of Corrections to determine feasibility of trail corridors in the vicinity of the R. J. Donovan Correctional Facility. POLICY: Encourage development of Staging Areas and Viewpoints and Overlooks in this Segment. CHAPTER 3—CONCEPT PLAN 45 Otay Lakes Park HERI TAGE RDAä LA MEDIA RDO LY M PIC PK Y OTAY LANDFILL CHULA V ISTA P o g g i C a n y o n C r e e k Otay River MAIN ST CHULA V ISTA S.D. C OUNTY SAN DIEGO S.D. COUNTY SAN D IEGO 10 11 11 K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\SubSections.mxd 7/14/2016 355280 0.25 0.5 Mile ± Legend Concept Plan Boundar y Park Study Area Alternative Boundary Rec Ar eas Open Space/Preserve Municipal Boundary Pr oposed Residential Trail Connections Conceptual Trail Corridor n{Pr oposed Inter pretive Center J]Pr oposed Staging Area Source: SD County DPR; SAN GIS (2015). SA NDAG (2014) FIGURE 5: SEGMENT MAP—HERITAGE ROAD TO OTAY RESERVOIRS VICINITY CHAPTER 3—CONCEPT PLAN OTAY VALLEY REGIONAL PARK CONCEPT PLAN46 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER 3—CONCEPT PLAN 47 Otay Reservoirs Vicinity This Segment encompasses both Upper and Lower Otay Reservoirs, the surrounding slopes, and the area to the south of the Reservoirs (see Figure 6, next page). This Segment includes the following: • Land owned by the City of San Diego Public Utilities Department, including the Reservoirs, which provides opportunities for picnicking, fishing, and boating when the Reservoirs are open to the public. • The 70-acre Otay Lakes County Park. • The San Diego Vernal Pool Complex located southeast of Lower Otay Reservoir. This area is off limits to the public; in general the southeast side of Lower Otay is one of the most sensitive areas in the City of San Diego’s MSCP. Access is available to this Segment from Wueste Road and Otay Lakes Road. ELEMENTS IN THIS SEGMENT OPEN SPACE/CORE PRESERVE AREAS – The majority of this Segment is designated as Open Space/Core Preserve Area. This designation covers the Reservoirs and surrounding slopes, which are Cornerstone Lands, not open space; the County’s open space lands; the area designated for open space protection on the East Mesa Detention Facility site; and the San Diego Vernal Pool Complex. RECREATION AREAS – A number of Recreation Areas are designated on properties with existing recreational uses. These uses are both public recreational areas and private commercial operations. They include the following: • Recreation Area #12: about 70 acres; Otay Lakes County Park, which was renovated and reopened in 1999, includes picnic areas and associated day uses, and approximately 50 acres for natural open space. • Recreation Area #13: about 15 acres; this area includes the City of San Diego’s existing public boat launch with parking and picnic facilities. • Recreation Area #14: about 15 acres; this is the boat launch area associated with the Chula Vista Elite Athlete Training Center (CVTC). • Recreation Area #15: about 20 acres; this is a picnic area with parking and access to fishing around the Harvey Arm of Lower Otay Reservoir, which is open for day use when the Reservoir is open. • Recreation Area #16: about 60 acres; this area is owned by the City of San Diego and leased to the existing Tactical Air Operations, Inc., POLICY: Coordinate trail planning with the Detention Facility. OTAY VALLEY REGIONAL PARK CONCEPT PLAN48 and is used as a landing field for ultra-light aircrafts and parachutists, and as a U.S. Navy training and operations area. This Recreation Area will be reclassified from Recreation Area to Open Space/Core Preserve Area at the end of the current lease, in 2020. TRAIL CORRIDORS – Proposed corridors for trails are located in this Segment, and link to regional trails outside the park. There are approximately 19 miles of Trail Corridor proposed for this Segment within the Concept Plan Boundary. • A Trail Corridor loops around the upper and lower reservoirs. • Another Trail Corridor extends off site to BLM lands to the east and southeast. • A third Trail Corridor leads north towards Proctor Valley and has potential to connect to Sweetwater Regional Park. • An additional Trail Corridor connects to a portion of Chula Vista Greenbelt trails in Salt Creek Canyon to the northwest. Trail corridors extending eastward will be evaluated as part of a current planning study, the Otay Ranch Preserve Trail Alignment Study, which is a multi-agency planning effort to ensure trail connections from the Otay Ranch Preserve to regional trails within the Otay Valley Regional Park, Sweetwater Loop Trail, and the California Hiking and Riding Trail; as well as to ensure trail connections to adjacent public trail systems located within the Cities of Chula Vista and San Diego, and on lands owned by the National Wildlife Refuge, California Department of Fish and Wildlife, and BLM. STAGING AREAS – A local Staging Area is located at Otay Lakes County Park. An equestrian Staging Area is also proposed at Otay Lakes County Park. INTERPRETIVE CENTER – Otay Lakes County Park contains a small cultural museum to educate park goers on the park’s cultural and historic resources. CHAPTER 3—CONCEPT PLAN 49 Otay Lakes Park HERI TAGE RDAä LA MEDIA RDO LY M PIC PK YTELEGRAPH CANYON RDO T A Y L A K E S R D HUNT E P KYOTAY LAN DFILL CHULA VISTA S.D. COUNTY CHULA VIS TA S.D. C OUNTY SAN DIEGO S.D. COUNTYPoggi Canyon CreekO t a y R i v e r MAIN ST 12 14 15 13 16 K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\SubSection5.mxd 7/14/2016 355280 0.5 1 Mile ± Legend Concept Plan Boundar y Rec Ar eas Removed Rec Area Open Space/Preserve Municipal Boundary Lakes/Bays Conceptual Trail Corridor !É Pr oposed Equestr ian Staging n{Interpr etive Center !@ Ranger St ation J]St aging Area Source: SD County DPR; SAN GIS (2015). SA NDAG Image (2014). Otay Lakes Park O t a y R i v e r S.D. COUNTY CHULA VIS TA SAN DIEGO 12 FIGURE 6: SEGMENT MAP—OTAY RESERVOIRS VICINITY CHAPTER 3—CONCEPT PLAN OTAY VALLEY REGIONAL PARK CONCEPT PLAN50 THIS PAGE INTENTIONALLY LEFT BLANK FUTURE ACTIONS 51 FUTURE PLANNING AND IMPLEMENTATION Acquisition and development of OVRP will be a long term effort accomplished through a variety of actions. These actions will range from preparation of comprehensive master plans to acquisition and development of specific areas in the Regional Park. Concept Plan Elements and Policies must be implemented in both comprehensive plans and individual, incremental actions. CONCEPT PLAN ACCEPTANCE AND ADOPTION Acceptance and adoption of this Concept Plan has consisted of several steps. The OVRP CAC reviewed a preliminary draft Concept Plan, provided comments, and made a recommendation to the PC to accept the preliminary draft. The PC considered the recommendations, made modifications to the preliminary draft, and accepted the draft Concept Plan. The draft Concept Plan was transmitted to the County of San Diego Board of Supervisors and the City Councils of the Cities of San Diego and Chula Vista, through their respective Planning Commissions, for adoption by each jurisdiction in 1997. Future Actions4 Recommendation of acceptance by CAC Acceptance by PC Adoption by Board of Supervisors and City Councils OTAY VALLEY REGIONAL PARK CONCEPT PLAN52 The update in 2016 followed the same acceptance and adoption process as mentioned above. In the almost 20 years since the original Concept Plan was developed, some of the land uses in the Otay River Valley and the surrounding areas have changed. At the direction of the PC in 2016, the Concept Plan was updated to reflect existing conditions and evaluate the feasibility of proposed Elements. Adoption of this Concept Plan does not result in modification of existing jurisdictional boundaries, change existing zoning or land use plans, or add new development regulations. However, it may be necessary for each jurisdiction to adopt amendments to General, Community, and Specific Plans and to rezone land to be consistent with the Concept Plan Elements as they are acquired or developed by the public agencies. CONCEPT PLAN AMENDMENTS This Concept Plan is intended to be a dynamic and flexible document. While it is intended to provide long-range policy guidance for the acquisition and development of OVRP, amendments to the Concept Plan may be necessary to respond to unanticipated changes in environmental, social, economic, or other conditions. Acquisition and development for OVRP will be considered in substantial conformance with this Concept Plan when they meet the intent of the Plan. Amendments may be needed to change the Boundary or to develop uses that are not consistent with the Concept Plan. The process to amend the Concept Plan is the same as that to accept and adopt it. Boundary changes Element changes Amendment process FUTURE ACTIONS 53 ADDITIONAL PLANS AND STUDIES Future park planning may be needed to provide more specific guidance and/ or detailed plans for development of Elements in the Regional Park. Studies, plans, and design documents should address specific uses, circulation, linkages to other features, and areas both inside and adjacent to the park. Park Study Areas require additional land use and environmental analysis to determine the appropriate uses for these sites. To date various documents have been completed, including the OVRP Trail Guidelines, OVRP Design Standards & Guidelines as well as the Habitat Restoration Plan & Non-Native Plant Removal Guidelines for OVRP. Please refer to Appendix E. FUTURE ACTIONS It is expected that the acquisition and implementation of projects consistent with the goals of the OVRP will occur over a period of years. These projects will include: • Trails, Staging Areas, Viewpoints and Overlooks • Habitat Restoration and/or Enhancement • Development of Recreation Areas • Interpretive Facilities and/or Signage The JEPA Partners will continue to seek grants and other funding sources for these projects. FUTURE PARK ADMINISTRATION AND MANAGEMENT Cooperative acquisition, planning, and design of OVRP is expected to continue under the JEPA, which was originally adopted in 1990 and last amended in 2012. As land was acquired and developed, operational and maintenance needs among the jurisdictions were addressed in the 2006 JEPA. Various options that could be considered to address additional coordinated operations and maintenance responsibilities include, but are not limited to the following: • Additional agreements within the existing JEPA; • Establishment of a Joint Powers Authority, through the JEPA, to manage acquisition, development, and operations; or • Contracting with a private park management firm or non-profit organization. The JEPA provides a forum to determine these issues. Regional recreation marketing/ needs analysis and assessment Recreation Area master plans, site development and construction plans Updates to the master trail plan and trail segment plans OTAY VALLEY REGIONAL PARK CONCEPT PLAN54 THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX A Joint Exercise of Powers Agreement THIS PAGE INTENTIONALLY LEFT BLANK ,J COPY':' JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND SAN DIEGO FOR THE-OTAY VALLEY REGIONAL PARK THIS AGREEMENT, dated for convenience as of the !3 -fk- day of *2006 is entered into by the Cities of Chula Vista and San Diego, California Municipal Corporations, and the County of San Diego, a political subdivision of the State of California, (hereinafter referred to individually or collectively as Public Agency or Public Agencies). RECITALS WHEREAS, the Public Agencies are each empowered by law to acquire and hold property and to plan and design public facilities and appurtenances forpark purposes; and WHEREAS, the Public Agencies desire to coordinate acquisition, planning, and design of the Otay Valley Regional Park (OVRP) forthe benefit of their citizens and the public; and WHEREAS, joint cooperation and participation among the Pllblic Agencies will be mutually beneficial and in the public interest; and WHEREAS, the Public Agencies have acquired property for OVRP and wish to coordinate the operation and maintenance of OVRP for the benefit of their citizens and others, by jointly exercising their common powers in the manner set forth in this Agreement. NOW, THEREFORE, the Public Agencies agree as follows: SECTION 1. Itescind OriginalJEPA. The Joint Exercise of Powers Agreement for the Planning and Acquisition for OVRP dated January 30, 1990is hereby rescinded and replaced in its entirety by this Agreement. .OOCUM5~!fJ~3015~3 1 FtLED OFFICEOFTHECITY CLER'K SAN D~EGO.CALIFORNIA ,' SECTION 2.Purpose. This Agreement is made pursuant to the provisions of Article 1,Chapter 5,Division 7, Title 1 of the Government Code of the State of California commencing with Section 6500, (hereinafter referred to as the "Act")relating to the joint exercise of powers common to public agencies.The Public Agencies possess the powers referred to in the above recitals.The purpose of this Agreement is to exercise such powers jointly by coordinating acquisition,planning, design,operations and maintenance of the OVRP. SECTION 3.Term. This Agreement shall become effective when executed by all parties and shall continue in full force and effect for 25 years from the date hereof or until terminated by any of the agencies upon 30 days written notice to the other agencies.At the expiration of the term provided for herein,any money appropriated by the Public Agencies for the implementation of this Agreement which has not been spent shall be returned to the parties in proportion to their respective contributions. SECTION 4.Definitions. Developed Recreation -Areas that have been altered to provide for active recreational use, such as sports fields,turf areas,recreation centers,and paved parking. Maintenance -The normal maintenance duties ofan agency's ranger staff that includes,but not limited to: ·Removal of litter and illegaldump sites; ·Installing and repairing fencing and gates; ·Constructing and maintaining trails; ·Site remediation (Le.erosion control). 2 . Natural open space - Areas that are managed for habitat value and passive recreatjon, such as trails and staging areas with interpretive facilities. Operations - The nonnal operation duties of an agency's ranger staff that include: ·Developing and conducting nature walks and other interpretive programs on the natural and historical features of the OVRP; ·Designing and preparing exhibits and informationmaterials related to OVRP; ·Serving as liaison to other jurisdictional departments and agencies, community groups and organizations, and the public regarding OVRP facilities, services and improvements; ·Patrolling roads and trails in OVRP to monitor park usage and to enforce park rules and regulations; ·Answering questions and explaining/enforcing OVRP policies and regulations, and Issues; · Developing, coordinating and administering OVRP maintenance and security contracts; · Assigning, training, and evaluating the work of contractors and volunteer OVRP staff; ·Maintaining records of OVRP activities andpreparing reports regarding OVRP; ·Providing first aid assistance; ·Monitoring OVRP use by the public; and ·Preparing and monitoring an annual OVRP budget. SECTION 5.Boundaries. The boundaries of the territory within which the Public Agencies shall exercise their powers under this Agreement shall be the boundaries of the approved Concept Plan map as adopted by the Public Agencies on May 23, 2001 (see Exhibit "A") except for the City of San Diego reservoirs as depicted on Exhibit "A". 3 A depiction of the Concept Plan boundaries shall not be construed to affect the useG.to which any property may legally be devoted and is not intended to constitute an announcement of the Public Agencies'intent to acquire,by purchase or condemnation,any particular parcel of property located within said boundaries,but rather is intended to facilitate continued planning for potential future park development. SECTION 6.Policy Committee. A Policy Committee consisting of three elected representatives appointed respectively by the San Diego County Board of Supervisors,the Chula Vista City Council and the San Diego City Council shall,by unanimous vote,set the policies for the administration of this Agreement including the resolution of any issues or disputes that have not been satisfactorily resolved through coordination efforts described in Section 16 herein.The representative for the County of San Diego shall be a member of and appointed by the County Board of Supervisors.The representative from the City of Chula Vista shall be a member of and appointed by the City Council.The representative from the City of San Diego shall be a member of and appointed by the City Council.Appointment to the Policy Committee shall be for a term not to exceed the appointee's current .term in office.A quorum for the purposes of conducting business will consist of two members of the Policy committee.In the absence of a quorum,a single member present may move to adjourn. The Policy committee may adopt bylaws,rules and regulations as required to conduct meetings and business. The Policy Committee shall conduct regular meetings at least annually and at such other times as may be determined by the Committee or provided for in its bylaws. 4 The Policy Committee shall appoint a Citizen Advisory Committee and oversee its activities. The Policy Committee may also appoint alternates for Citizen Advisory Committee Representatives. The Ralph M. Brown Act (Government Code Sections 54950-54963) shall govern the proceedings, noticing and general activities of the Policy Committee. SECTION 7. Citizen Advisory Committee. The Citizen Advisory Committee shall consist of thirty members appointed by the Policy Committee. The Citizen Advisory Committee shall select from its membership a chairperson and a vice-chairperson. The Citizen Advisory Committee shall be comprised of members of the community, members of community organizations, property owners and others interested in OVRP as determined by the Policy Committee. The purpose of the Citizen Advisory Committee is to advise the Policy Committee on matters on which the Policy Committee requests such advice and to support agency staff in various park matters. The Citizen Advisory Committee members shall serve at the pleasure of the Policy Committee for a term to be set by the Policy Committee. A quorum for purposes of conducting business shall consist of 12committee members or alternates. A simple majority of the members present shall be required to take action on an item. In the absence of a quorum, a single member present maymove to adjourn. The Ralph M. Brown Act (Government Code Sections 54950-54963) shall govern the proceedings, noticing and general activities of this Citizen AdvisoryCommittee. SECTION8. Administration. This Agreement shall be administered by the Public Agencies. This Agreement shall be administered on behalf of the County of San Diego by the Director of Parks and Recreation; on 5 behalf of the City of San Diego by the Director of Park and Recreation;and on behalf of the City of Chula Vista by the City Manager or.his/her designee per written designation. The County of San Diego agrees to act as lead agency for purposes of scheduling meetings,preparing agendas,recording minutes and maintaining records related to the planning~ design,operations and maintenance of the OVRP. SECTION 9.Privileges and Immunities. All ofthe privileges and immunities from liability,exemptions from laws,ordinances and rules,all pension,relief,disability,workers'compensation,and other benefits which apply to the activity of officers,agents,or employees of any of the Public Agencies when performing their respective functions within their territorial limits,shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under this Agreement. SECTION 10.Records and Accounts. Each Public Agency shall be strictly accountable for all funds and shall report all receipts and disbursements related to the acquisition of real property for OVRP and to the operation and maintenance of OVRP under this Agreement. SECTION 11.Title of Property. All right,title and interest to the real property acquired for the OVRP shall belong to and be vested in the Public Agency,i.e.,the County of San Diego,the City of Chula Vista,or the City of San Diego,that acquired the real property.Termination of this Agreement shall not change the right,title,or interest of any real property comprising the OVRP.If the property is in another jurisdiction,the Public Agency that acquired the real property may retain ownership of the property or may transfer ownership to the jurisdiction in which the property is located if the 6 Public Agency in' whose jurisdiction the property is located provides its written consent to t.he transfer. SECTION 12. Operations and Maintenanceof the OVRP A. At its cost, the City of San Diego shall operate and maintain the public lands designated for natural open space purposes in Area "A" on Exhibit "A." The City of San Diego shall maintain these lands in a good and sanitary order, condition and repair and in a manner reasonably acceptable to the City of Chula Vista and County of San Diego. This obligation applies irrespective of which Public Agency owns the public lands in Area "A," but the obligation is subject to the availability of fundsas determined by the San Diego City Council. B. At its cost, the County of San Diego shall operate and maintain the public lands designated for natural open space purposes in Areas "B" and "C"on Exhibit "A." The County of San Diego shall maintain these lands in a good and sanitaryorder, condition and repair and in a manner reasonably acceptable to the Cityof Chula Vista and City of San Diego. This obligation applies irrespective of which Public Agency owns thepublic lands in Areas "B" and "C,~'but the obligation is subject to the availability of funds as determined by the County of San Diego Board of Supervisors. c. At its sole cost, the City of San Diego shall operate and maintain for water resources purposes (lake operations, water-related recreation, andwatershed protection), all of the land in Area "c"on Exhibit "A" that the City of San Diegoowns. This obligation shall be subject to the availability of funds as determined by the San Diego City Council. D. The obligations of the City of San Diego and County of San Diego to operate and maintain the natural open space property in Areas "A" and "B" on Exhibit "A" owned by the City of Chula Vista in fee or through an easement restricting development are contingent on the 7 City of Chula Vista paying to the City and County of San Diego the funds reasonably necessary for this purpose;However,the City of Chula Vista's obligation to pay the Gity and County of San Diego is subject to the availability of funds as detennined by the Chula Vista City Council. E.The obligations specified above to operate and maintain the public lands designated for natural open space purposes in Areas "A"and "B"on Exhibit "A"do not include those responsibilities specified in the Multiple Species Conservation Program Subarea Plans,the Otay Ranch Resource Management Plan or the Western Otay Valley Regional Park Natural Resources Management Plan,unless otherwise agreed to under separate instrument. F.The City of San Diego,the City ofChula Vista and the County of San Diego shall each be solely responsible for operating and maintaining lands in OVRP that the respective Public Agency acquires or acquired that is or will be developed for purposes of active recreation (lands not designated for natural open space purposes). G.Upon the approval of the owning Public Agency and approval by the Policy ~ommittee,a Public Agency shall have the right to enter said property for the purpose of constructing open space amenities (i.e.trails,kiosks,signage,staging area). SECTION 13.Defense and Indemnity A.Claims Arising From Sole Acts or Omissions of County of San Diego. The County of San Diego (County)hereby agrees to defend and indemnify the City of San Diego and/or City of Chula Vista,and their respective agents,officers and employees,from any claim,action or proceeding against the City of San Diego and/or City of Chula Vista, arising solely out of the acts or omissions of the County in the perfonnance of this Agreement.At its sole discretion,the City of San Diego and/or City of Chula Vista may participate at its own expense in the defense of any claim,action or proceeding,but such 8 .'. participation shall not relieve the County of any obligation imposed by this Agreeritent.The City of San Diego and/or City of Chula Vista shall promptly notify the County of any claim, action or proceeding and cooperate fully in the defense. B.Claims Arising From Sole Acts or Omissions of City of San Diego. The City of San Diego hereby agrees to defend and indemnify the City of Chula Vista and/or the County of San Diego,and their respective agents,officers and employees,from any claim,action or proceeding against the City of Chula Vista and/or the County of San Diego, arising solely out of the acts or omissions of the City of San Diego in the performance of this Agreement.At its sole discretion,the City of Chula Vista and/or the County of San Diego may participate at its own expense in the defense of any claim,action or proceeding,but such participation shall not relieve the City of San Diego of any obligation imposed by this Agreement.The City of Chula Vista and/or the County of San Diego shall promptly notify the City of San Diego of any claim,action Qr proceeding and cooperate fully in the defense. C.Claims Arising From Sole Acts or Omissions of City of Chula Vista. The City of Chula Vista hereby agrees to defend and indemnify the City of San Diego and/or the County of San Diego,and their respective agents,officers and employees,from any "claim,action or proceeding against the City of San Diego and/or the County of San Diego, arising solely out of the acts or omissions of the City of Chula Vista in the performance of this Agreement.At its sole discretion,the City of San Diego and/or the County of San Diego may participate at its own expense in the defense of any claim,action or proceeding,but such participation shall not relieve City of Chula Vista of any obligation imposed by this Agreement.The City of San Diego and/or the County of San Diego shall promptly notify the City of Chula Vista of any claim,action or proceeding and cooperate fully in the defense. 9 D.Claims Arising From Concurrent Acts or Omissions. The County of San Diego hereby agrees to defend itself,the City of San Diego hereby agrees to defend itself and the City of Chula V~sta hereby agrees to defend itself,from any claim, action or proceeding arising out of the concurrent acts or omissions of the County of San Diego,City of San Diego and/or City of Chula Vista.In such cases,County of San Diego, City of San Diego and City of Chula Vista agree to retain their own legal counsel,bear their own defense costs,and waive their right to seek reimbursement of such costs,except as provided in subsection F below. E.Joint Defense. Notwithstanding subsection D above,in cases where the County of San Diego,City of San Diego and/or City of Chula Vista agree in writing to a joint defense,the County of San Diego,City of San Diego and/or City of Chula Vista may appoint joint defense counsel to defend the claim,action or proceeding arising out of the concurrent acts or omissions of the County of San Diego,City of San Diego and/or City of Chula Vista.Joint defense counsel shall be selected by mutual agreement of the parties.The parties agree to share the costs of such joint defense and any agreed settlement in equal amounts,except as provided in .subsection F below.The parties further agree that no party may bind the other party or parties to a settlement agreement without the written consent of the other party or parties. F.Reimbursement and/or Reallocation. Where a final judgment of a court or an arbitration award allocates or determines the comparative fault of the parties,the County of San Diego,City of San Diego and/or City of 10 .. Chula Vista may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. SECTION 14. Entrance on Premises Each Public Agency reserves and shall always have the right to enter the land that it owns irrespective of whether the land is in Area "A," "B" or "C" on Exhibit "A." SECTION 15. OVRP Revenue The Public Agencies agree that all revenues obtained from the operation and use of the OVRP natural open space property shown in Areas "A","B" and "C" on Exhibit "A" shall be collected by the Public Agency managing the lands and shall be used exclusively for OVRP natural open space purposes as defined in Section 2. For lands shown in Exhibit "A", Area "C", all water-related revenues will remain with the City of San Diego, but all natural open space related revenues shall be collected by the County of San Diego Parks and Recreation Department and used exclusively for OVRP natural open space purposes. SECTION 16. Coordination of Operations and Budget. On or before December 31 of each year, the Chief Administrative Officer of the County of San Diego and the City Managers of the Cities of San Diego and Chula Vista, or their designees, shall meet to review and resolve any issues or disputes regarding development, operation and maintenance, and to determine an annual budget for the OVRP natural open space lands, shown in Exhibit "A", that is equitable to each public agency and arrange for transfers of funds as may be authorized by their respective agencies. SECTION 17.Notices. Any notice or notices provided by this Agreement or required by law to be,given or served upon the Public Agencies may be given by depositing the same in the United States 11 mail,postage prepaid,addressed to the Director of Parks and Recreation,County of San Diego, 5201 Ruffin Road,Suite P,San Diego,CA 92123;Park and Recreation Director,City Administration Building,202 "C"Street,Ninth Floor,San Diego CA 92101;or City Manager, City ofChula Vista at 276 4th Avenue,Chula Vista,CA 92010 or to such addresses as the Public Agencies may subsequently specify in writing. SECTION 18.Governing Law. This Agreement shall in every respect be binding upon the parties hereto and their respective successors and assigns.This Agreement shall be governed by the laws of the State of California. SECTION 19.Provisions Required by Law. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein,and if for any reason any such provision is not inserted,or is not correctly stated,then upon application of any party the Agreement shall forthwith be physically amended to make such insertion or correction. SECTION 20.Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent,be invalid or unenforceable,the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable,shall be unaffected thereby and shall remain valid and be enforced to the fullest extent permitted by law. 12 SECTION 21. Execution. This Agreement may be simultaneouslyexecuted in any number of counterparts, each of which when so executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. It is also understood and agreed that separate counterparts of this Agreement may be separately executed by City of San Diego, City of Chula Vista, and County of San Diego, all with the same full force and effect as though the same counterpart has .been executed simultaneously by each City and the County of San Diego. SECTION 22. Termination. The Agreement may be terminated upon written notice by any of the Public Agencies to the other Public Agencies and shall be effective no less than 30 days after receipt, unless a shorter time is agreed upon in writing by the Public Agencies. SECTION 23. Entire Agreement. This Agreement contains the entire understanding to the parties with respect to the subject matter contained herein. All prior understandings and representations, written and oral, are superseded by this Agreement. No term or provision hereof may be changed, waived, discharged or terminated unless the same be in writing and signed by the parties to the Agreement. 13 .. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized,as of this date first written. A r-CIty Clerk ATTEST: COUNTY OF SAN DIEGO By:_ Director of Parks and Recreation 14 f&301593 - - -- OTAY VALLEY REGIONAL PARK EXHIBIT A -.....- ,,"'JI '\,"1'Iffj ,,;". I~U \J' ~-"-_.~ ;/ \.., \ \ 'I,\.Ol(t..~j.;............_., ( \ ~t',--, ~. I ~, \ " ..., . \ 'I ~ LJ I~N"".J&II"U .f- f em (IF h.'"'''';0 ~.\,,,.JI."" ..uurn ~ .,l\.- ---- Concept Plan 1." ,1 . ,"11 .. - 4'~4~. ... ~I. -,- ~ .nI',,", I Mil!!'" ~1...h'rH 11.'\'" ""If Ih"~1 'ittr ')i(.~ ~IS ~.t. J ==-..:::.=i \ r I .r.'. U' rnl \ ,,",.,'"' . .""-..... --I \. \. \ ... RESOLUTION NUMBER R- DATE OF FINAL PASSAGE JUL -5 2006 301593 (R-2006-991)(j.~i.£J (/,L1L . -1;)lOb' WHEREAS,the concept of creating a regional park in the Otay Valley was first introduced to the Mayor and City Council in a memorandum dated ~priL6,1998;and WHEREAS,on April 30,1990,the Council adopted Resolution No.R-275620 approving the establishment of the Otay Valley Regional Park Joint Exercise of Powers Agreement [IEPA]; and WHEREAS,the IEP A established the Policy Committee [PC]and the Citizens Advisory Committee [CAC]for the planning of the jurisdiction and design of Otay Valley Regional Park; and WHEREAS,on October 10,2005,the Council adopted Resolution No.R-300902 approving the revised Otay Valley Regional Park Joint Exercise of Powers Agreement to address maintenance and operations between the jurisdictions;and WHEREAS,the IEP A approved on October 10,2005 contained language addressing the minimum number of votes necessary for the Citizens Advisory Committee [CAC]to take action~ and whereas this language needs to be modified;NOW,THEREFORE, BE IT RESOLVED,by the Council of the City of San Diego,that the Mayor be and is hereby authorized and empowered to execute the revised Otay Valley Regional Park Joint Exercise of Powers Agreement [Agreement],under the terms and conditions set forth in the Agreement among the Cities of San Diego and Chula Vista and the County of San Diego,a copy of which is on file in the Office of the County Recorder as Document No.RR-3 [;1593. -PAGE 1 OF 2- (R-2006-991) BE IT FURTHER RESOLVED, that this activity is not a "project" and therefore is not subject to California Environmental Quality Act [CEQA] pursuant to the State Guidelines Section 15060(c)(3). Future activities involving physical effects to the environment will require further environmental review under CEQA. APPROVED: MICHAEL J. AGUIRRE, City Attorney By ~I'-}\:;~k.CV? ShannonM.Thomas DeputyCityAttorney HRM:SMT:cq:als:pev 06/07/06 Or.Dept:P&R R-2006-991 MMS#3304 I hereby certify that the foregoing Resolution was passed bythe Council of the City of San Diego, at this meeting of ~ ELIZABETH S.MALAND City Cle Approved:7.. S-..0(, (date) Vetoed: (date)JERRY SANDERS,Mayor -PAGE 2 OF 2- e:301593 Passed by the Council of The City of San Diego on June 27.2006 ,by the following vote: YEAS:PETERS,FAULCONER,ATKINS,YOUNG,MAIENSCHEIN, FRYE,HUESO. NAYS:NONE. NOT PRESENT:MADAFFER. VACANT:NONE. AUTHENTICATED BY: JERRY SANDERS Mayor of The City of San Diego,California ELIZABETH S.MALAND City Clerk of The City of San Diego,California (Seal) By:Debbie Levenson-Cruz,Deputy I HEREBY CERTIFY that the above and foregoing is a full,true and correct copy of RESOLUTION NO.R-301593,approved by the Mayor of The City of San Diego,California on Julv 5.2006 . ELIZABETH S.MALAND City Clerk of The City of San Diego,California (SEAL) By:,Deputy RESOLUTION NO. 2005-362 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AMENDMENT TO OTAY VALLEY REGIONAL PARK JOINT EXERCISE POWERS AGREEMENT (JEPA) BETWEEN THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND SAN DIEGO AND AUTHORIZINGTHE MAYOR TO SIGN THE AMENDEDAGREEMENT WHEREAS, the City of Chula Vista, City San Diego and County of San Diego (agencies) exercise jurisdictional control over property located within the Otay River Valley area;and WHEREAS,the agenciesentered into a Joint Exerciseof PowersAgreement(JEPA) on January 30, 1990for the planning,design and acquisitionof land for the Otay Valley Regional Park(OVRP);and WHEREAS,theagenciesrecognizethatthe originalJEPAdid not addressoperationsand managementof the OVRP and thereforeare now proposingamendmentsthat will address this; and WHEREAS, this JEPA Amendment has been forwarded to the agencies for their approval,andis attachedhereto; NOW, THEREFORE,BE IT RESOLVEDthat the City Council of the City of Chula Vista does hereby adopt an amendmentto the JEPA betweenthe Countyof San Diego and the Citiesof Chula Vista and SanDiego,a copyof which is attachedheretoand incorporatedherein byreferenceas if set forthin full. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorizedand directedto executethis JEPA amendmentfor andon behalfof the City of Chula Vista. Presentedby Approvedas to formby BuckMartin RecreationDirector Resolution No.2005-362 Page 2 PASSED.APPROVED,and ADOPTEDby the City Council of the City ofChula Vista.California,this 1st day of November,2005,by the following vote: AYES:Councilmembers:Castaneda,McCann,Rindone.and Padilla NAYS:Councilmembers:None ABSENT:Councilmembers: ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITYOFCHULA VISTA ) I,Susan Bigelow,City Clerk of Chula Vista.California,do hereby certify that the foregoing Resolution No.2005-362 was duly passed,approved,and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of November 2005. Executed this 1st day of November 2005. .t Susan Bigelow,MMC,City Cl, -.- COUNTY OF SAN DIEGO BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 14, 2005 MINUTE ORDER NO. 9 SUBJECT: APPROVE NEW JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND SAN DIEGO FOR OTAY VALLEY REGIONAL PARK (DISTRICT: 1) OVERVIEW: On January 30, 1990(77), the County of San Diego and the Cities of San Diego and Chula Vista entered into aJoint ExerciseofPowers Agreement forthe coordinationofplanning,acquisition,and design of Otay Valley Regional Park. The original agreementis outdated, in part, because it does not address operations and maintenance of the park. The Otay Valley Regional Park Policy Committee has approved anew agreement dated May 12,2005, andhas directed Joint Staff (staff representing thethreejurisdictions) topresenttheagreementtotheirrespectivegoverningbodiesfor approval. The proposed actionisto approvethenew agreementwhichhasbeenupdatedtoincludeaprovision rescinding the existing agreement and provisions for operations and maintenance of the newly constructed andproposed recreational facilitiesthatdid not existatthetime the original agreement was approved. The proposed agreementdefinesthe conceptual planning area forOtayValley Regional Park. The area is located in the southern portion of San Diego County, four miles north of the international border. The regional park extends over 13 miles from the southeastern edge of the South Bay Wildlife Refuge east through the Otay River Valley to the land surrounding the Otay Lakes. The agreement clearly identifies the responsibilities of each of the public agencies for acquisition, planning, design, operations, andmaintenance of the park. FISCAL IMPACT: There is no fiscalimpact associatedwith this action. Theproposed action isto approve anew Joint Exercise of Powers Agreement with the Cities of Chula Vista and San Diego for Otay Valley Regional Park (OVRP). As facilities are developed, each agency, according to provisions of the agreement will be responsible for operations and maintenance. Currently, operations and maintenance of the County's portion ofOVRP is being managedwith existingbudgeted staff from the nearby Otay Lakes CountyPark. Operations andmaintenanceof any future facilitiesin OVRP will be addressed at the time eachproject is approved. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with section 15301ofthe California Environmental Quality Act (CEQA) Guidelines that the proposed project is exempt from CEQA. 2. Approve the Joint Exercise of Powers Agreement Among the County of San Diego and the Cities ofChula Vista and San Diego for the Otay Valley Regional Park dated May 12,2005, and authorizetheDirector ofthe DepartmentofParks andRecreationtoexecutetheagreement. 12/14/05 1 ....... ACTION: ON MOTION of Supervisor Jacob,seconded by Supervisor Roberts,the Board of Supervisors took action as recommended,on Consent. AYES:Cox,Jacob,Slater-Price,Roberts,Horn State of Califomi a) 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 Board of Supervisors. THOMAS J.PASTUSZKA Clerk of the Board of Supervisors By 12/14/05 2 THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX B Original Concept Plan Adoption Documents CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN PRELIMINARY DRAFTPRELIMINARY DRAFTPRELIMINARY DRAFTPRELIMINARY DRAFTPRELIMINARY DRAFT, recommended by Otay Valley Regional Park Citizen Advisory Committee February 21, 1997 John Willett, CAC Chair REVISED DRAFT,REVISED DRAFT,REVISED DRAFT,REVISED DRAFT,REVISED DRAFT, accepted by Otay Valley Regional Park Policy Committee July 18, 1997 Greg Cox, Supervisor County of San Diego, First District Shirley Horton, Mayor City of Chula Vista Ralph Inzunza, Councilmember City of San Diego, Eighth District ADOPTEDADOPTEDADOPTEDADOPTEDADOPTED COUNTY OF SAN DIEGOCOUNTY OF SAN DIEGOCOUNTY OF SAN DIEGOCOUNTY OF SAN DIEGOCOUNTY OF SAN DIEGO ATTEST:ATTEST:ATTEST:ATTEST:ATTEST: Chairman of the Board of Supervisors Clerk of the Board of Supervisors CITY OF CHULA VISTACITY OF CHULA VISTACITY OF CHULA VISTACITY OF CHULA VISTACITY OF CHULA VISTA ATTEST:ATTEST:ATTEST:ATTEST:ATTEST: Mayor City Clerk Resolutuion 2001-148 CITY OF SAN DIEGOCITY OF SAN DIEGOCITY OF SAN DIEGOCITY OF SAN DIEGOCITY OF SAN DIEGO ATTEST:ATTEST:ATTEST:ATTEST:ATTEST: Mayor City Clerk Resolution R-294-777 (Plan) Resolution R-294-778 (EIR) OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN RECORD OF RECOMMENDATION AND ADOPTIONRECORD OF RECOMMENDATION AND ADOPTIONRECORD OF RECOMMENDATION AND ADOPTIONRECORD OF RECOMMENDATION AND ADOPTIONRECORD OF RECOMMENDATION AND ADOPTION CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN Alma Aguilar Fred Arbuckle Linda Bartholomew Joe Berlanga Fred Borst John Bowen Jack Bransford Charlene Burleson* Rod Cameron Andy Campbell* Joann Carson Michelle Castagnolla* Antonio Castro Chris Chase Marco Cortes* Fred Creveling John Crouse Magali Curtis Vince Davies Roque De La Fuente Roy DeVault Wayne Dickey Charles Dow Greg Fay Pete Flores* Dave Fredricksen Jennie Fulasz Doug Fuller Susan Fuller Don Gardner David Gomez* Carol Gove* Michelle Grifka Va l Guerra* Archie Hall Donn Hall John Hammond* George Hanson◊ Laura Hunter Ranie Hunter OVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEE CURRENT AND FORMER MEMBERSCURRENT AND FORMER MEMBERSCURRENT AND FORMER MEMBERSCURRENT AND FORMER MEMBERSCURRENT AND FORMER MEMBERS Melvin Ingalls Ralph Inzunza Richard Inzunza Jan Johnston Allen Jones* Kathleen Kastlunger Dick Kau Pat Kruer Louis Lake George Loustalet Gary McCall Mike McCoy Patricia McCoy* Eugene McMurdy Gregory Medico James Miller Linda Lee Mowery Ken Munson Don Nay Stephen Neudecker Christine Olguin Steve Palma* Tom Pasqua* Chris Patek* Pat Patek Carolyn Powers* Ver na Quinn* Yo landa Ramos* Candace Ricks Don Ross Karl Schneider Ruth Schneider* Paul Slayton* Ross Spalding Ann Steiner Martin Thompson Charles Valkenburgh David Van De Water Bruce Warren John Willett* *These individuals were CAC members at the time the CAC recommended approval of the preliminary draft Concept Plan (February 21, 1997). ◊Was Chair of the Citizen Advisory Committee on February 21, 1997 when it recommended approval of the Preliminary Draft Concept Plan. CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX ARESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX A RESCINDED IN 2006 CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX ARESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX A RESCINDED IN 2006 CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX ARESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX A RESCINDED IN 2006 CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX A RESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX A RESCINDED IN 2006 CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX ARESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX A RESCINDED IN 2006 CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX ARESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX A RESCINDED IN 2006 OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOtay Valley Regional ParkOtay Valley Regional ParkOtay Valley Regional ParkOtay Valley Regional ParkOtay Valley Regional ParkFocused Planning Area (FPA)Focused Planning Area (FPA)Focused Planning Area (FPA)Focused Planning Area (FPA)Focused Planning Area (FPA)APPENDIX B OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX C - Public Meetings Property Owner Forums November 3, 1995 January 24, 1996 May 7, 1997 San Diego County Park Advisory Committee July 27, 1995 April 12, 1997 December 3, 1997 Otay Valley Road Project Area Committee (Chula Vista) November 6, 1995 Southwest Redevelopment Project Area Committee (Chula Vista) November 6, 1995 Otay Mesa Recreation Council (San Diego) November 9, 1995 South Bay Recreation Council (San Diego) November 15, 1995 Otay Mesa Community Planning Group (San Diego) November 15, 1995 Chula Vista Parks and Recreation Commission November 16, 1995 Southern Area Committee (San Diego) December 6, 1995 Otay Mesa/Nestor Community Planning Group (San Diego) January 10, 1996 San Diego Planning Commission Workshop June 26, 1997 Chula Vista Planning Commission Workshop August 20, 1997 CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN APPENDIX C - Public Meetings City of San Diego, Planning Commission, Approves the Draft Concept Plan April 30, 1998 County of San Diego, Planning Commission, Approves the Draft Concept Plan December 19, 1997 City of Chula Vista, Planning Commission, Approves the Draft Concept Plan August 12, 1998 City of National City, Council, Approves the Draft Concept Plan November 17, 1998 City of San Diego, City Council, Approves the Concept Plan April 17, 2001 City of Chula Vista, City Council, Approves the Concept Plan May 15, 2001 County of San Diego, Board of Supervisors, Approves the Concept Plan May 23, 2001 METHODOLOGY AND PLANNING CONSIDERATIONS Community Involvement The South Bay community has been closely involved with development of this Concept Plan. A Community Workshop co-sponsored and facilitated by the National Park Service (NPS) in the formative year of the planning effort elicited community concerns and visions for the future of the Otay River Valley. Special Interest Groups Consulted →Otay Mesa/Nestor Community Planning Committee →South Bay Recreational Council →Park and Recreation Board Southern Area Committee →Otay Mesa Recreational Council →Otay Mesa/Nestor Community Council →Chula Vista Parks and Recreation Commission →Southwest Redevelopment Project/Area Committee →Otay Valley Road Redevelopment Project Area Committee →County of San Diego Parks and Recreation Advisory Board →Property Owner Forums (See Appendix C for a listing of meetings and dates.) Studies and Plans Used Progress Plan Otay River Valley Resources Report City Lakes Recreational Development Plan Lower Otay River Wetlands Enhancement Plan Otay Valley Regional Park Master Plan Conceptual Master Plan, Otay Valley Regional Park Otay River Valley Resource Enhancement Plan Otay Ranch Resource Management Plan (Phase 1) Otay Ranch General Development Plan (GDP)/Subregional Plan (SRP) Otay Ranch Final Program Environmental Impact Report OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK APPENDIX D - Other Relevant Plans and Studies •CITY LAKES RECREATION DEVELOPMENT PLAN Prepared for: City of San Diego Park and Recreation Board Prepared by: City of San Diego (1987) Available for review at the San Diego Water Utilities Department, City Lakes Office •LOWER OTAY RIVER WETLANDS ENHANCEMENT PLAN Prepared for: The Southwest Wetlands Interpretive Association and California State Coastal Conservancy Prepared by: Michael Brandman Associates, August 1989 Available for review at the San Diego County Department of Parks & Recreation •OTAY VALLEY REGIONAL PARK MASTER PLAN Prepared for: The City of San Diego Prepared by: Estrada Land Planning Inc., May 9, 1990 Available for review at the San Diego Community and Economic Development Department •CONCEPTUAL MASTER PLAN OTAY VALLEY REGIONAL PARK Prepared for: City of San Diego Prepared by: City of San Diego Planning Department, August 8, 1990 Available for review at the San Diego Community and Economic Development Department •OTAY RIVER VALLEY RESOURCE ENHANCEMENT PLAN Prepared for: State of California Coastal Conservancy and City of Chula Vista Prepared by: Wallace, Roberts and Todd, August 26, 1991 Available for review at the Chula Vista Planning Department •OTAY RANCH RESOURCE MANAGEMENT PLAN Prepared for: City of Chula Vista and County of San Diego Prepared by: The Baldwin Company/Otay Ranch Team Available for review at the County of San Diego Department of Parks & Recreation and the Chula Vista Planning Department •OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP)/SUBREGIONAL Prepared for: City of Chula Vista and San Diego County, adopted October 28, 1993 Prepared by: The Baldwin Company/Otay Ranch Team Available for review at the Chula Vista Planning Department and the County Department of Planning and Land Use •OTAY RANCH FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT: Prepared for: The Baldwin Company/Otay Ranch Team, December 1992 Prepared by: Odgen Environmental and Energy Services Available for review at the Chula Vista Planning Department and the County Department of Planning and Land Use Additional plans that provide information: Otay Mesa Nesor Community Plan Otay Mesa Community Plan and EIR Donovan State Prison EIR OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK ACKNOWLEDGEMENTSACKNOWLEDGEMENTSACKNOWLEDGEMENTSACKNOWLEDGEMENTSACKNOWLEDGEMENTS CHULA VISTA CITY COUNCILCHULA VISTA CITY COUNCILCHULA VISTA CITY COUNCILCHULA VISTA CITY COUNCILCHULA VISTA CITY COUNCIL Shirley Horton, Mayor Stephen C. Padilla, Vice Mayor Patty Davis Jerry R. Rindone Mary Salas SAN DIEGO CITY COUNCILSAN DIEGO CITY COUNCILSAN DIEGO CITY COUNCILSAN DIEGO CITY COUNCILSAN DIEGO CITY COUNCIL Dick Murphy, Mayor Scott Peters, First District Byron Wear, Second District Toni Atkins, Third District George Stevens, Fourth District Brian Maienschein, Fifth District Vacant, Sixth District Jim Madaffwe, Seventh District Ralph Inzunza, Eighth District SAN DIEGO COUNTY BOARD OF SUPERVISORSSAN DIEGO COUNTY BOARD OF SUPERVISORSSAN DIEGO COUNTY BOARD OF SUPERVISORSSAN DIEGO COUNTY BOARD OF SUPERVISORSSAN DIEGO COUNTY BOARD OF SUPERVISORS Greg Cox, First District, Chair Dianne Jacob, Second District Pam Slater, Third District Ron Roberts, Fourth District Bill Horn, Fifth District OVRP POLICY COMMITTEEOVRP POLICY COMMITTEEOVRP POLICY COMMITTEEOVRP POLICY COMMITTEEOVRP POLICY COMMITTEE Greg Cox, Supervisor, County of San Diego, First District Shirley Horton, Mayor, Chula Vista Ralph Inzunza, Councilmember, City of San Diego, Eighth District OVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEEOVRP CITIZEN ADVISORY COMMITTEE George Hanson, Chair, January 1996 - December 1997 John Willett, Chair, June 1991 - December 1995 and January1998 - Present ALTERNATES TO THE OVRP CITIZEN ADVISORY COMMITTEEALTERNATES TO THE OVRP CITIZEN ADVISORY COMMITTEEALTERNATES TO THE OVRP CITIZEN ADVISORY COMMITTEEALTERNATES TO THE OVRP CITIZEN ADVISORY COMMITTEEALTERNATES TO THE OVRP CITIZEN ADVISORY COMMITTEE Fred Cagle Tom Davies Jose Esparza Andrew Mills Les Stark Janet Wart CONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLANCONCEPT PLAN OVRP JOINT STAFF, Concept Plan PreparationOVRP JOINT STAFF, Concept Plan PreparationOVRP JOINT STAFF, Concept Plan PreparationOVRP JOINT STAFF, Concept Plan PreparationOVRP JOINT STAFF, Concept Plan Preparation Duane Bazzel, Chula Vista Planning Department Marette Esperance, County of San Diego Department of Parks and Recreation Howard Greenstein, San Diego Community and Economic Development Department Jeff Harkness, San Diego Park and Recreation Department Frank J. Herrera-A, Chula Vista Planning Department Bill Levin, City of San Diego Planning Department Robert Rushlow, County of San Diego Department of Parks and Recreation ONA, INC., Design and PublishingONA, INC., Design and PublishingONA, INC., Design and PublishingONA, INC., Design and PublishingONA, INC., Design and Publishing Dennis Otsuji, FASLA Joseph Esposito, ASLA SAN DIEGO DATA PROCESSING CORPORATION, MapsSAN DIEGO DATA PROCESSING CORPORATION, MapsSAN DIEGO DATA PROCESSING CORPORATION, MapsSAN DIEGO DATA PROCESSING CORPORATION, MapsSAN DIEGO DATA PROCESSING CORPORATION, Maps Tom McDowell Martha Sievers OTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARKOTAY VALLEY REGIONAL PARK SPECIAL THANKSSPECIAL THANKSSPECIAL THANKSSPECIAL THANKSSPECIAL THANKS CHULA VISTACHULA VISTACHULA VISTACHULA VISTACHULA VISTA Barbara Bamburger Duane Bazzel Andy Campbell John Goss George Krempl Bob Leiter Daniel M. Pass David Rowlands Martin Schmidt Shauna Stokes Doug Reid Jess Valenzuela SAN DIEGOSAN DIEGOSAN DIEGOSAN DIEGOSAN DIEGO Kimberly Abe Nancy Acevedo Severo Esquivel Paul Fiske Ernie Freeman Rachel Hurst John Kovac George Loveland Marcia McLatchy Ted Medina Don Prisby Robert Spalding Mike Stang Mike Stepner Tom Story Deborah Van Wanseele COUNTY OF SAN DIEGOCOUNTY OF SAN DIEGOCOUNTY OF SAN DIEGOCOUNTY OF SAN DIEGOCOUNTY OF SAN DIEGO Matt Bohan Robert Copper Kelly Duffek Bob Downer Ken Gengler Susan Hector Steve Hendrix Michael G. Kemp Cory Linder Alex A. Martinez Tom Oberbauer Janet Pineault Anne Rast Ric Repasy Lari Sheehan Mark Webb THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX C Otay Villages Map THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX C—OTAY VILLAGES MAP C3 Otay Lakes Park HERI TAGE RDAä LA MEDIA RDO LY M PIC PK Y OTAY LAN DFILL CHULA VISTA 8 14 13 12 9 10 11 11 CHULA VISTA S.D . COUNTY S.D. COUNTY SAN DIEGO SAN DIEGO OtayRiver OtayRiver P oggi C anyon C reekVILLAGE 3 EUC (PA12) VILLAGE 5 VILLAGE 1 VILLAGE 1 WEST VILLAGE 7 VILLAGE 6 VILLAGE 2 VILLAGE 11 VI LLAGE 9 VILLAGE 2 WEST VILLAGE 8 WEST VILLAGE 8 EAST UNIVERSITY VILLAGE 4 VILLAGE 4 UNIVERSITY VILLAGE 10 FWY COMMERCIAL (PA12)K:\San Diego\projects\County_Parks_&_Rec\00647_15_OVRP_ConceptPlanUpdate\mapdoc\ConceptPlan\OVRP_Villages.mxd 7/14/2016 355280 1,0 0 0 2,000 Fe et ± Legend Village Boundaries Concept Plan Boundary Park Study Area Alternative Boundary Rec Ar eas Open Space/Preserve Municipal Boundary Lakes/Bays Pr oposed Residential Tr ail Connections Other Trails Conceptual Trail Corridor J]Proposed Staging Ar ea !É Proposed Equestrian Staging n{Interpretive Center n{Proposed Interpretive Center !@ Ranger Station J]Staging Area Source: SD County DPR; SAN GIS (2015). OTAY VILLAGES MAP OTAY VALLEY REGIONAL PARK CONCEPT PLANC4 THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX D Vegetation Communities within Otay Valley Regional Park OTAY VALLEY REGIONAL PARK CONCEPT PLAND2 THIS PAGE INTENTIONALLY LEFT BLANK VEGETATION COMMUNITIES D3 ANNUAL GRASSLAND This grassland is a dense to sparse cover of annual grasses, often associated with numerous species of showy–flowered native annual forbs. This association occurs on gradual slopes with deep, fine–textured, usually clay soils. Most of the annual introduced species that comprise the majority of species and biomass within the nonnative grassland originated from the Mediterranean region, an area with a long history of agriculture and a climate similar to California. These two factors, in addition to intensive grazing and agricultural practices, in conjunction with severe droughts, contributed to the successful invasion and establishment of these species and the replacement of native grasslands with an annual dominated nonnative grassland. LOCATION: There may be large blocks of nonnative grasslands on the slopes and mesas south of the Otay River Valley, from Johnson to Dennery canyons; and from the south–facing slopes east of Rock Mountain to the upper slopes west of Salt Creek. CHAMISE CHAPARRAL Chamise chaparral is dominated, sometimes exclusively, by chamise (Adenostoma fasiculatum). This community tends to occur most frequently on ridgelines and flat mesas, though slopes will also support chamise chaparral. The community is composed of more than 50 percent cover of chamise, and tends to be of lower stature and density than many other chaparral communities (e.g., southern mixed chaparral). Though the floristic diversity of this community is often relatively low, other component species can occur. LOCATION: Blocks of this community are restricted to portions of the slopes south and west of Lower Otay Reservoir. DEVELOPED HABITAT Developed areas support no native vegetation and may be additionally characterized by the presence of man-made structures such as buildings or paved roads. The agricultural component of developed areas includes actively cultivated lands or lands that support nursery operations. LOCATION: Developed habitat within OVRP occurs at the amphitheater, Otay Lakes County Park, Terra Bella Nursery, J R Southbay Golf, and other business complexes within OVRP. COMMON PLANTS Wild Oat, Avena sp. Soft Chess, Bromus hordeaceus Red Brome, Bromus rubens Ripgutgrass, Bromus diandrus Ryegrass, Festuca sp. Mustard, Brassica species COMMON PLANTS Chamise, Adenostoma fasiculatum Black Sage, Salvia mellifera Mission Manzanita, Xylococcus bicolor OTAY VALLEY REGIONAL PARK CONCEPT PLAND4 DIEGAN COASTAL SAGE SCRUB This scrub is one of two major shrub types that occur in California. This habitat type occupies dry sites characterized by shallow soils. Sage scrub is dominated by subshrubs whose leaves fall during summer drought and are replaced by a lesser amount of small leaves. This adaption of drought evasion allows these species to better withstand the prolonged drought period in the summer and fall in areas of low precipitation. Sage scrub species have relatively shallow root systems and open canopies. This last trait allows for the occurrence of substantial herbaceous component in coastal sage scrub. LOCATION: Large continuous blocks of this community occur east of Interstate 805 from Brown Field Municipal Airport to the periphery of both lower and upper Otay Reservoirs, on Rock Mountain and on the slopes of Salt Creek. West of Interstate 805 discontinuous blocks occur on slopes north and south of the river. FRESHWATER MARSH Freshwater marsh occurs in wetlands that are permanently flooded by standing water. It is often characterized by uniform stands of bulrushes or cattails. LOCATION: Freshwater marshes exists as mosaics with other riparian communities within the Otay River Valley down river from Lower Otay Lake. MARITIME SUCCULENT SCRUB This scrub is a low open scrub community that is dominated by a mixture of stem and leaf succulent species and drought deciduous species that all occur within sage scrub communities. This plant community occurs on thin rocky or sandy soils, on steep slopes of coastal headlands and bluffs. LOCATION: A large block of this habitat may be found on the southern slopes from Dennery Canyon to Interstate 805. Small to medium size patches may be found throughout the adjacent slopes of Salt Creek, lower south facing slopes, north of the river, between Rock Mountain and Salt Creek. COMMON PLANTS California sagebrush, Artemisia californica Flat–top buckwheat, Eriogonum fasciculatum Laurel Sumac, Malosma laurina Lemonade Berry, Rhus integrifolia Black Sage, Salvia melifera COMMON PLANTS Rush, Juncus sp. Cattails, Typha spp. Umbrella sedge, Cyperus sp. Spike Sedge, Eleocharis sp. COMMON PLANTS Coast Barrel Cactus, Ferocactus viridescens Velvet Cactus, Bergerocactus emori Dudleya, Dudleya spp. Desert Thorn, Lycium californicum Cliff Spurge, Euphorbia misera VEGETATION COMMUNITIES D5 MULEFAT SCRUB This is a riparian scrub community dominated by mulefat and interspersed with shrubby willows. This habitat occurs along intermittent stream channels with a fairly course substrate and moderate depth to the water table. This plant community is maintained by frequent flooding, the absence of which would lead to a riparian woodland or forest. OPEN WATER Open water is associated with water and occasionally with wetland communities. This habitat type consists of any open water body including lakes, reservoirs, bays, flowing water within a river channel, and small ponds along streamcourses. Open water bodies provide important habitat for a variety of aquatic organisms and water fowl. Open water usually lacks vegetation. LOCATION: Open water is represented by Otay Reservoirs, Hollister Pond, Fenton Pond, Le May Pond, and Heart Pond. RUDERAL VEGETATION These vegetation areas, which are highly disturbed, are dominated by nonnative weedy species that are adapted to a regime of frequent disturbance. Many of the characteristic species of ruderal habitat are also indicator species of annual grasslands, but ruderal areas tend to be more dominated by forbs than grasses. LOCATION: Large blocks occur on the slopes and mesas south of the Otay River Valley, between Interstate 805 and Dennery Canyon. SOUTHERN MIXED CHAPARRAL This chaparral is composed of shrubs that grow to about six to ten feet tall and form dense often nearly impenetrable stands. The plants of this association are typically deep rooted. This habitat occurs on dry, rocky, often steep north–facing slopes with little soil. LOCATION: Blocks of this community are restricted to portions of the slopes south and west of Lower Otay Reservoir. COMMON PLANTS Mulefat, Baccharis salicifolia COMMON PLANTS Bromes, Bromus species Mustard, Brassica species Tocalote, Centaurea melitenis Russian Thistle, Salsola tragus COMMON PLANTS Chamise, Adenostoma fasciculatum Mission manzanita, Xylococcus bicolor Scrub oak, Quercus berberidifolia Ramona Lilac, Ceanothus tomentosus Toyon, Heteromeles arbutifolia Laurel Sumac, Malosma laurina OTAY VALLEY REGIONAL PARK CONCEPT PLAND6 SOUTHERN WILLOW SCRUB This scrub consists of dense, broadleaved, winter–deciduous stands of trees dominated by shrubby willows in association with mulefat. This habitat occurs on loose, sandy or fine gravelly alluvium deposited near stream channels during flood flows. SYCAMORE WOODLAND Sycamore woodland is an open, tall, winter-deciduous, streamside woodland dominated by western sycamore (Platanus racemosa) and favors more intermittent streamflow. These occur in perennial streams and riverine areas that are subject to seasonal high-intensity flooding. Western sycamore do not generally form a closed canopy, rather they appear as scattered clumps in a shrubby thicket of evergreen and deciduous species. VERNAL POOLS – MIMA MOUNDS Vernal pools are a highly specialized plant habitat occurring on undeveloped mesa tops and supporting a unique succession of floral species. These pools fill with rainwater, which does not drain off or percolate away because of the mesa top topography and underlying soil conditions (i.e., a hardpan or claypan layer that prevents or impedes subsurface drainage). Vernal pools are often surrounded by hummocks called mima mounds. Pools and their supporting watershed constitute vernal pool habitat. Many of the species characteristic of vernal pools are also some of the most sensitive species in San Diego County and California. LOCATION: The best of the vernal pool complexes occurs on the mesa between Johnson and O’Neal Canyons. Complexes also are located on mesa tops between Johnson Canyon and Brown Field Municipal Airport, and on mesas immediately east and west of Dennery Canyon. COMMON PLANTS Mulefat, Baccharis salicifolia Curly Dock, Rumex crispus Cocklebur, Xanthium strumarium var. canadense Western Ragweed, Ambrosia psilostachya COMMON PLANTS Western Sycamore, Platanus racemosa Blue Elderberry, Sambucus mexicana California Blackberry, Rubus ursinus COMMON PLANTS Otay Mesa Mint, Pogogyne nudiuscula San Diego Button Celery, Eryngium aristulatum var. parishii Orcutt’s Grass, Orcuttia californica Prostrate navarretia, Navarretia fossalis Little Mousetail, Myosurus minimus ssp. apus Variegated Dudleya, Dudleya variegata San Diego Goldenstar, Muilla clevelandii APPENDIX E Other Relevant Plans and Studies OTAY VALLEY REGIONAL PARK CONCEPT PLANE2 THIS PAGE INTENTIONALLY LEFT BLANK OTHER RELEVANT PLANS AND STUDIES E3 JOINT COUNTY OF SAN DIEGO, CITY OF SAN DIEGO, AND CITY OF CHULA VISTA DOCUMENTS Otay Valley Regional Park Trail Guidelines (2003) Otay Valley Regional Park Design Standards & Guidelines (2005) Otay Valley Regional Park Habitat Restoration Plan & Non-Native Plant Removal Guidelines (2006) CITY OF SAN DIEGO DOCUMENT Guidelines for the Establishment, Use, and Management of Public Access Trails on Public Utilities Land (2009) These documents are available on the respective jurisictions’ websites. OTAY VALLEY REGIONAL PARK CONCEPT PLANE4 THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX F Acknowledgments OTAY VALLEY REGIONAL PARK CONCEPT PLANF2 THIS PAGE INTENTIONALLY LEFT BLANK ACKNOWLEDGMENTS F3 SPECIAL THANKS County of San Diego Brian Albright Yidelwo Asbu Matthew Bohan Renee Hilton Lauren Raduc Chuck Tucker Melanie Tylke City of Chula Vista Ed Batchelder Cheryl Goddard Dai Hoang Kristi McClure Huckaby Marilyn Ponseggi City of San Diego Laura Ball John Barone Kyle Conners Howard Greenstein Nicole McGinnis Betsy Miller Bobby Mordenti Herman Parker Jeff Pasek Kim Roeland Chris Zirkle Photo Credits Duane Bazzel Cheryl Goddard Melanie Tylke ICF International RECON Environmental OVRP Citizen Advisory Committee (CAC) Current Members Roberto Alcantar Irene Barajas Jack Bransford Natalie DeCarli Jose Galaz George Hanson* John Holder Vinit Jensen Sharon Kitchens Mark KuKuchek Michael McCoy John Mendez Robert Miller Alfredo Perez Omar Sanchez Ruth Schneider* Ben Vallejos John Vogel** John Willett* * These individuals were CAC members at the time the CAC recommended approval of the preliminary draft Concept Plan (February 21, 1997). ** Was the Chair of the CAC on June 23, 2016, when it recommended approval of the Revised Concept Plan. OTAY VALLEY REGIONAL PARK CONCEPT PLANF4 THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK REGIONAL PARK RESOLUTION NO. XXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN UPDATE WHEREAS, in 1990 the Cities of Chula Vista and San Diego, and the County of San Diego entered into a Joint Exercise of Powers Agreement (JEPA) to initiate and coordinate planning, acquisition and design of the Otay Valley Regional Park (OVRP) for the benefit of their citizens and the public; and WHEREAS, the OVRP is generally located in the southern portion of San Diego County, four miles north of the international border. The OVRP extends over 11 miles from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area as shown on Exhibit A; and WHEREAS, in 2001 the Cities of Chula Vista and San Diego, and the County of San Diego adopted the OVRP Concept Plan to identify park amenities including open space areas for recreational opportunities, a trail system with staging areas, features such as viewpoints and overlooks, connections to recreation areas adjacent to public lands and trials, and locations for interpretive centers for environmental and educational programs,while protecting environmentally sensitive areas and important cultural resources; and WHEREAS, on November 16, 2016 the City of Chula Vista Parks and Recreation Commission recommended adoption of the OVRP Concept Plan update, to the City Council; and WHEREAS, on June 14, 2017 the City of Chula Vista Planning Commission recommended adoption of the OVRP Concept Plan update, to the City Council; and WHEREAS, the Development Services Director reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the OVRP Concept Plan update qualifies for a Statutory Exemption pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA State Guidelines. The Concept Plan update is general in nature, and does not include details on specific park improvements; and WHEREAS, a hearing time and place was set for the City Council for consideration of the OVRP Concept Plan update, and a notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the City Council held a duly noticed public hearing on said OVRP Concept Plan update at a time and place as advertised, namely July 25, 2017 at 5:00 p.m. in the Council Chambers located at 276 Fourth Avenue, and said hearing was therefore closed. NOW THEREFORE BE IT RESOLVED that the City Council hereby adopt the Otay Valley Regional Park Concept Plan update. Page 2 Presented by:Approved as to form by: ____________________________________________________ Gary Halbert Glen R. Googins City Manager City Attorney PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th. day of July, 2017, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Mary Casillas Salas, Mayor ATTEST: ______________________ City Clerk RESOLUTION NO. MPA17-0003 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY OF CHULA VISTA CITY COUNCIL ADOPT THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN UPDATE WHEREAS, in 1990 the Cities of Chula Vista and San Diego, and the County of San Diego entered into a Joint Exercise of Powers Agreement (JEPA) to initiate and coordinate planning, acquisition and design of the Otay Valley Regional Park (OVRP) for the benefit of their citizens and the public; and WHEREAS, the OVRP is generally located in the southern portion of San Diego County, four miles north of the international border. The OVRP extends over 11 miles from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area as shown on Exhibit A; and WHEREAS, in 2001 the Cities of Chula Vista and San Diego, and the County of San Diego adopted the OVRP Concept Plan to identify park amenities including open space areas for recreational opportunities, a trail system with staging areas, features such as viewpoints and overlooks, connections to recreation areas adjacent to public lands and trials, and locations for interpretive centers for environmental and educational programs,while protecting environmentally sensitive areas and important cultural resources; and WHEREAS, on November 16, 2016 the City of Chula Vista Parks and Recreation Commission recommended adoption of the OVRP Concept Plan update, to the City Council; and WHEREAS, the Development Services Director reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the OVRP Concept Plan update qualifies for a Statutory Exemption pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA State Guidelines. The Concept Plan update is general in nature, and does not include details on specific park improvements; and WHEREAS, a hearing time and place was set for the Planning Commission for consideration of the OVRP Concept Plan update, and a notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on said OVRP Concept Plan update at a time and place as advertised, namely June 14, 2017 at 6:00 p.m. in the Council Chambers located at 276 Fourth Avenue, and said hearing was therefore closed. NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby recommends that the City Council adopt the Otay Valley Regional Park Concept Plan update. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council. PC Resolution MPA17-0003 June 14, 2017 Page 2 Presented By:Approved as to form by: ____________________________________________________ Kelly G. Broughton, FASLA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14, day of June, 2017, by the following vote, to-wit: AYES:Gutierrez, Liuag, Nava, Zaker NOES:N/A ABSENT:Anaya, Calvo ABSTAIN:N/A ____________________________ Gabriel Gutierrez, Chair ATTEST: ______________________ Patricia Laughlin Board Secretary City of Chula Vista Staff Report File#:17-0303, Item#: 9. CONSIDERATION OF A REQUEST BY THE CORKY McMILLIN COMPANIES THAT THE CITY COUNCIL FORM A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF TOWN CENTER DRIVE (This item was continued from 6/20/17.) RECOMMENDED ACTION Council direct staff to continue to work with the Corky McMillin Companies to evaluate the merits of formation of a reimbursement agreement and to bring a formal recommendation on whether the Council should begin the proceedings for the formation of a district to the City Council meeting of September 12. SUMMARY Under Chapter 15.50 of the Chula Vista Municipal Code (CVMC)a developer who believes that they have been required to construct or have constructed public improvements that benefit other property owners who have made no contribution to the costs of those improvements may request that City Council direct the City Manager to begin proceedings for the formation of a reimbursement district. The City Clerk received a request (Attachment 1)for the formation of a reimbursement agreement from the Corky McMillin Companies for the construction of the portion of Town Center Drive between Olympic Parkway and the Otay Ranch Mall property line. After looking further at the circumstances surrounding the construction of Town Center Drive,meeting with the developer representatives,and reviewing the applicable sections of CVMC Chapter 15.50, City staff does not feel prepared to support district formation proceedings.Based on this,the developer has asked for additional time to provide further justification for the formation of a reimbursement.In order to allow appropriate time for this,staff recommends this matter be continued to the City Council hearing of September 12, 2018. ENVIRONMENTAL REVIEW 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. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. City of Chula Vista Printed on 7/20/2017Page 1 of 2 powered by Legistar™ File#:17-0303, Item#: 9. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The request made by the developer on May 31,2017 for the City to begin formation of a reimbursement agreement under CVMC Chapter 15.50 involves the evaluation of whether they constructed a public improvement that provided additional benefit to property owners that did not contribute to those improvements.In this case the construction of Town Center Drive occurred as a result of a number of City actions including the Sectional Planning Area Plan for Village 12 -Freeway Commercial including subsequent amendments,a General Development Plan and project specific approvals including tentative maps and street dedications As identified in the developers letter (Attachment No.1),they had previously entered into a private reimbursement agreement with Otay Project,L.P.(Baldwin and Sons)for this to recover their cost of constructing Town Center Drive.City staff believes a dispute over the timing and enforceability of this agreement between the two parties is the basis for the developer’s request for district formation. The developer is requesting additional time to provide the City with further information. 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 N/A CURRENT YEAR FISCAL IMPACT None ONGOING FISCAL IMPACT The cost of City processing requests for formation of reimbursement districts will be borne by the developer requesting formation. ATTACHMENTS Attachment 1 - Formation Request Staff Contact: Kelly Broughton, Director 619-691-5233 City of Chula Vista Printed on 7/20/2017Page 2 of 2 powered by Legistar™ Dolma Norris, City Clerk City of Chula Vista 276 Fourth Ave., Bldg. A Chula Vista, CA 91910 The Corky McMillin Companie ,c tVEO ZUll JUN -5 A II: 0B Re: CVMC 15.50 Request for Relmbursentent District Dear Ms. Norris: The Corky McMillin Companies ("McMillin') respectfully request that the City Council take action to begin the process to establish a reimbursement district pm'suant to Chula Vista Municipal Code section 15.50.040 for rehnbursements due in comlection with McMillin's design and consmaction of Town Center Drive. Town Center Drive, a fottr-Im e commercial promenade, was constructed in 2005 as part of the development of Otay Ranch Town Center. McMiilin bore the entire cost of constructing Town Center Drive. McMillin also performed the grading for the Otay Ranch Town Center then sold the project to General Growth Properties. Otay Ranch Town Center accesses Town Center Drive, and that proportionate share was dealt with in the land sales transaction. Town Center Drive was constructed across and provides the only access to two parcels, about 160 total acres, owned by developer Baldwin and Sons. (APN Nos. 643-051-30-00 and 643-020-85-00.) In 2004, Baldwin and McMillin entered into Right of Way and Reilnbursement A eement. Despite benefitting from McMillin's construction of Town Center Drive, Baldwin has refused to honor its contractual obligations, or record the agreement against the two parcels. In 2009, (the same year Town Center Drive was accepted into the City,) Baldwin reconfigured the two parcels, adjusted lot lines, consolidated land, and received a Certificate of Compliance from the City to enable Baldwin to proceed with development. Last year, in 2016, an SPA Amendment entitled Baldwin to proceed with the Freeway Connnercial Otay Ranch project. Freeway Commercial includes two hotels with a combined 300 rooms, 310 apartments, 72 single family homes, 200 multi-falmly units, other mixed use, and a public park. Town Center Drive provides the sole access for this entire plamaed development. /To date, none of the developers or property owners, including Baldwin, who have gained access through and subsequently benefitted from McMillin's construction of Town Center Drive have made the requisite contributions and reinlbursements for the costs of said improvements. In accordance with Chapter 15.50 of the CVMC, inclusive of section 15.50.10, McMillin made and paid for the cost of off-site road improvements, Towne Center Drive, and all such property owners who subsequently benefit have made no contribution. Therefore, please place the proposed establishment of a reinabursement district on the public agenda for the next regularly scheduled City Council meeting on Tuesday, June 6, 2017. Very tmly your/ President cc: Gary Halbert Kelly Broughton William Pate Guy Asaro 2750 Womble Road • Suite 200 • San Diego, CA 92106 • Tel (619) 477-4117 ° Fax (6/9) 794-1610 ° www.mcmillin.com City of Chula Vista Staff Report File#:17-0288, Item#: 10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 -Property: Assessors Parcel Number (APN) 643-06-57-00 -Agency Negotiators: Gary Halbert and Eric Crockett -Negotiating Parties: City of Chula Vista and Chesnut Properties -Under Negotiation: Price and Terms of Payment for Acquisition and Leaseback City of Chula Vista Printed on 7/20/2017Page 1 of 1 powered by Legistar™