HomeMy WebLinkAboutAgenda Packet 2017_10_17October 17, 2017City Council Agenda
PRESENTATION OF A PROCLAMATION COMMENDING
CARLOS “DANNY” CARREON AS THE 2017 CHULA VISTA
VETERAN OF THE YEAR
17-0454B.17-0454
UPDATE ON THIRD AVENUE VILLAGE ASSOCIATION
ACTIVITIES
17-0459C.17-0459
CONSENT CALENDAR (Items 1 - 6)
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.
WRITTEN COMMUNICATIONS
Letters of resignation:
· Eric Mosolgo, Growth Management Oversight Commission
· Leslie Smith, Board of Appeals and Advisors
17-04651.17-0465
Council accept the resignations. Staff Recommendation:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF A
CALRECYCLE WASTE TIRE ENFORCEMENT GRANT
APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN
DIEGO AND AUTHORIZING THE CITY OF SAN DIEGO TO
ACT ON BEHALF OF THE CITY OF CHULA VISTA TO
SECURE GRANT FUNDS AND IMPLEMENT THE GRANT
17-03402.17-0340
Economic Development Department Department:
The Project 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:
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October 17, 2017City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A CITY COUNCIL POLICY
REGARDING ELECTRONIC SIGNATURE USE
17-04103.17-0410
City Clerk, Finance & Information Technology 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:
A. RESOLUTION OF THE MUNICIPAL FINANCING
AUTHORITY OF THE CITY OF CHULA VISTA SETTING
THE DAY AND TIME OF REGULAR MEETINGS
PURSUANT TO GOVERNMENT CODE SECTION 54954(A)
B. RESOLUTION OF THE PUBLIC FINANCING
AUTHORITY OF THE CITY OF CHULA VISTA SETTING
THE DAY AND TIME OF REGULAR MEETINGS
PURSUANT TO GOVERNMENT CODE SECTION 54954(A)
C. RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA SETTING THE DAY AND TIME OF REGULAR
MEETINGS PURSUANT TO GOVERNMENT CODE
SECTION 54954(A)
17-04404.17-0440
City Clerk 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:
Authorities and Agency adopt the resolutions. Staff Recommendation:
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October 17, 2017City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE IMPLEMENTATION
AGREEMENT BETWEEN THE CITY AND THE ORGANIZED
CRIME DRUG ENFORCEMENT TASK FORCE TO
SUPPORT THE SAN DIEGO REGION STRIKE FORCE AND
APPROVING THE THIRD AMENDMENT TO THE BUILDING
LEASE
17-04435.17-0443
Police 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 APPROVING A PURCHASE AGREEMENT
BETWEEN THE CITY AND NATIONAL AUTO FLEET
GROUP INC. IN THE AMOUNT OF $385,396.46 FOR THE
PURCHASE OF FIFTEEN (15) NISSAN LEAF SV
HATCHBACKS
17-04606.17-0460
Public Works 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:
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.
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October 17, 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.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE CITY’S INTENTION TO
FORM UTILITY UNDERGROUNDING DISTRICTS ON F
STREET FROM BAY BOULEVARD TO BROADWAY (UUD
#141) AND ON F STREET FROM BROADWAY TO
FOURTH AVENUE (UUD #142) AND SETTING THE DATE
OF THE PUBLIC HEARING FOR NOVEMBER 21, 2017
17-00017.17-0001
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 accept the report and adopt the resolution. Staff Recommendation:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING IN CONCEPT AN INCENTIVE
PACKAGE TO ENTICE AMAZON TO LOCATE ITS
PROPOSED NEW CORPORATE HEADQUARTERS IN
CHULA VISTA AND AUTHORIZING AND DIRECTING STAFF
TO NEGOTIATE AND BRING BACK FOR COUNCIL ACTION
FINAL AGREEMENTS IMPLEMENTING SAME
17-04468.17-0446
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:
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
RATIFICATION OF APPOINTMENT OF MARK VALEN TO
THE SOUTH BAY WILDLIFE ADVISORY GROUP
17-04729.17-0472
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October 17, 2017City Council Agenda
COUNCILMEMBERS’ COMMENTS
CITY ATTORNEY'S REPORTS
ADJOURNMENT
to a Special City Council Workshop on October 26, 2017, at 6:00 p.m., in the Council
Chambers; and thence to a Special City Council Workshop on November 2, 2017, at 6:00 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.
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City of Chula Vista
Staff Report
File#:17-0418, Item#: A.
PRESENTATION BY PARADE DIRECTOR LIEUTENANT COMMANDER HENRY A. MARTINEZ II
AND VETERANS ELEMENTARY SCHOOL PRINCIPAL FROYLAN VILLANUEVA OF THE 2017
VETERANS DAY PARADE
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City of Chula Vista
Staff Report
File#:17-0454, Item#: B.
PRESENTATION OF A PROCLAMATION COMMENDING CARLOS “DANNY” CARREON AS THE
2017 CHULA VISTA VETERAN OF THE YEAR
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City of Chula Vista
Staff Report
File#:17-0459, Item#: C.
UPDATE ON THIRD AVENUE VILLAGE ASSOCIATION ACTIVITIES
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City of Chula Vista
Staff Report
File#:17-0465, Item#: 1.
WRITTEN COMMUNICATIONS
Letters of resignation:
·Eric Mosolgo, Growth Management Oversight Commission
·Leslie Smith, Board of Appeals and Advisors
RECOMMENDED ACTION
Council accept the resignations.
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DATE: October 5, 2017
TO: Kim Vander Bie
FROM: Eric Mosolgo, PE, CFM
SUBJECT: City of Chula Vista Growth Management Oversight Commission
________________________________________________________
Effective immediately, I am resigning from the City of Chula Vista’s Growth Management
Oversight Commission (GMOC).
I appreciate the opportunity to participate on the GMOC since 2013 and having the
opportunity to deliver the commission’s annual report to the City Council earlier this year.
The experience has been productive overall, but I do have some concerns as I mentioned to
you earlier.
Specifically, I do not believe the City provides all sections of the GMOC review process equal
importance. In the area of the report that most closely matches my expertise, Drainage, the
City has consistently returned duplicate responses that fail to address serious issues. Most
troubling is the lack of backing data to support the City’s responses. This is not a single year
issue. The City’s responses to this section have been consistently vague and unenlightening.
It has been interesting reviewing some of the other sections of the GMOC reports over the
years. Thank you for all your assistance. It has been nice working with you and the other
commissioners. I wish you all the best.
Eric Mosolgo, PE, CFM
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City of Chula Vista
Staff Report
File#:17-0340, Item#: 2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE
SUBMITTAL OF A CALRECYCLE WASTE TIRE ENFORCEMENT GRANT APPLICATION IN
PARTNERSHIP WITH THE CITY OF SAN DIEGO AND AUTHORIZING THE CITY OF SAN DIEGO
TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO SECURE GRANT FUNDS AND
IMPLEMENT THE GRANT
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In 1989 the California Legislature enacted comprehensive requirements for the storage and disposal
of waste tires. The California Integrated Waste Management Board, now CalRecycle was charged
with responsibility for tire pile stabilization and remediation where public health and safety and the
environment may be at risk. Consequently, CalRecycle adopted regulations to establish and enforce
waste tire storage standards.
CalRecycle has delegated the responsibility for the administration of the enforcement, compliance
and surveillance activities at waste tire facilities to local solid waste enforcement agencies and cities
and counties. To ensure a stable source of funding for these activities, CalRecycle provides a non-
competitive Waste Tire Enforcement Grant program. The City of San Diego-Solid Waste Local
Enforcement Agency (LEA) is the lead agency for this program in San Diego County. Staff is
requesting approval to partner with the City of San Diego in applying for this purpose specified grant
and future applications for CalRecycle Waste Tire Enforcement Grants through June 30, 2022. This is
the eighth year Chula Vista has participated in this program.
ENVIRONMENTAL REVIEW
Environmental Notice
The Project 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 CEQA
and has determined that the activity is covered by the general rule pursuant to Section 15061(b)(3) of
the California Environmental Quality Act State Guidelines. CEQA applies only to projects which have
the potential for causing a significant effect on the environment, and where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. Therefore, because the proposal consists of a grant
funding solicitation without the assurance that these funds will be procured and because the purpose
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funding solicitation without the assurance that these funds will be procured and because the purpose
of the grant funds, if obtained, is to provide accountability for monitoring the movement of waste and
used fire loads generated and transported within the San Diego region, it can be seen with the
certainty that the activity in question will not have significant effect on the environment, Thus, no
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Public Resources Code sections 40000 et seg. authorize the Department of Resources, Recycling
and Recovery (CalRecycle) to administer various Grant Programs (Grants) in furtherance of the State
of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State, thereby
preserving landfill capacity and protecting public health and safety and the environment.
According to CalRecycle, California is faced with the significant challenge of diverting or safely
managing more than 40 million reusable or waste tires generated each year. It is estimated that 1.5
million waste tires have been illegally dumped or stockpiled. These stockpiles pose a potential threat
to public health, safety and the environment. In 1989 the California Legislature enacted
comprehensive requirements for the storage and disposal of waste tires. CalRecycle was charged
with responsibility for tire pile stabilization and remediation where public health and safety and the
environment may be at risk.
Consequently, CalRecycle adopted regulations to establish and enforce waste tire storage and
handling standards. Public Resources Code 42961.5 required CalRecycle to develop a “California
Uniform Waste and Used Tire Manifest” system. Its purpose is to provide accountability for monitoring
the movement of waste and used tires loads generated and transported within California.
Discrepancies are actively investigated and if necessary regulations are strictly enforced. The
maximum civil penalties for violations of the waste tire handling and manifesting requirements is
$25,000 per violation per day as described in Public Resources Code Section 42962, and
administrative penalties are $5,000 per violation per day.
CalRecycle has delegated the responsibility for the administration of the enforcement, compliance
and surveillance activities at the waste tire facilities to local solid waste enforcement agencies. The
central objective of facility, site and hauler inspections is to achieve compliance through oversight
and education to the greatest extent possible and to provide accurate information for entry into
statewide database. Inspections may be performed by CalRecycle staff or by waste tire enforcement
grantees.
To ensure a stable source of funding for these activities, CalRecycle provides a non-competitive
Waste Tire Enforcement Grant Program. Each year there is approximately six million dollars available
for the grant program. Eligible applicants may request up to a total of $300,000.
To be eligible for grant money the application must have 50 or more waste tire sites in its jurisdiction
and must be one of the following:
1. A local Enforcement Agency
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2. An Environmental Health Agency
3. A Code Enforcement Agency
The cities of Chula Vista, National City and Imperial Beach do not meet all the eligibility requirements
to apply for the funding on their own. San Diego staff invited the South Bay jurisdictions to partner for
this program.
The San Diego Local Enforcement Agency has been operating a Waste Tire Enforcement program
for some time. San Diego Local Enforcement Agency staff performs the initial inspections and follow-
up inspections for all waste tire facilities and sites. In the event of a non-compliance issue San Diego
staff notifies the partner jurisdiction and CalRecycle. Enforcement activities are then pursued at the
local level.
Staff is requesting Council approval for the following:
·Authorize the City of Chula Vista to participate in the partnership grant.
·Authorize the City of San Diego conduct waste tire enforcement activities within the
jurisdictional boundaries of the City of Chula Vista during the terms of the Local Government
Waste Tire Enforcement Grants though June 30, 2022.
·Allow the City of San Diego to submit grant documents to CalRecycle for the Local
Government Waste Tire Enforcement Grant on Chula Vista’s behalf for the 24th Grant Cycle
and future grant cycles and to execute all Grant-related documents, including, but not limited
to, Applications, Payment Requests, Agreements and Amendments necessary to secure Grant
funds and implement and carry out the purposes specified in the Grant Applications through
June 30, 2022.
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.).
LINK TO STRATEGIC GOALS
The Tire Enforcement grant supports the Operational Excellence and Healthy Community goals as it
seeks to protect Chula Vista public spaces and private property from unlawful disposal of waste tires
while partnering with a local jurisdiction to maximize efforts.
CURRENT YEAR FISCAL IMPACT
There is no current impact to the General Fund as a result of applying for and accepting this grant
and implementing the work; no matching funds are required.
ONGOING FISCAL IMPACT
There are no ongoing impacts to the General Fund as a result of applying for and accepting this grant
and implementing the work; no matching funds are required.
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ATTACHMENTS
1. Cycle 24 Tire Enforcement grant Terms and Conditions
2. Procedures and Requirements
3. Grant Work Plan
4. City of San Diego Application
Staff Contact: Manuel Medrano, Senior Recycling Specialist
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RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE SUBMITTAL
OF A CALRECYCLE WASTE TIRE ENFORCEMENT
GRANT APPLICATION IN PARTNERSHIP WITH THE
CITY OF SAN DIEGO AND AUTHORIZING THE CITY
OF SAN DIEGO TO ACT ON BEHALF OF THE CITY
OF CHULA VISTA TO SECURE GRANT FUNDS AND
IMPLEMENT THE GRANT
WHEREAS, Public Resources Code sections 40000 et seq. authorize the
Department of Resources, Recycling and Recovery (CalRecycle) to
administer various Grant Programs (Grants) in furtherance of the State of
California’s (State) efforts to reduce, recycle and reuse solid waste
generated in the State, thereby preserving landfill capacity and protecting
public health and safety and the environment; and
WHEREAS, funds are allocated and available from CalRecycle for Grants
to cities, counties, and city and counties with regulatory authority within
the city and county government to perform enforcement/compliance and
surveillance activities of entities and/or individuals involved with the
waste tire industry; and
WHEREAS, CalRecycle has been delegated the responsibility for the
administration of the Program within the State; and
WHEREAS, in furtherance of this authority CalRecycle is required to
establish necessary procedures governing the application, awarding and
management of the Grants; and
WHEREAS, procedures established by the State and CalRecycle require
each applicant's governing body to certify by resolution its approval of the
submittal of a grant application to CalRecycle; and
WHEREAS, to be eligible for grant money, the application must have 50
or more waste tire sites in its jurisdiction and must be either a local
Enforcement Agency, an Environmental Health Agency, or a Code
Enforcement Agency; and
WHEREAS, the City of San Diego invited the cities of Chula Vista,
National City and Imperial Beach to partner with it for this program, since
the cities do not meet all the eligibility requirements to apply for the
funding on their own.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista
authorizes the City of San Diego to submit to the California Department of
Resources Recycling and Recovery a collaborative application for the
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Local Government Waste Tire Enforcement Grant on Chula Vista’s behalf
for the 24th Grant Cycle and future grant cycles, through June 30, 2022.
BE IT FURTHER RESOLVED, that the City of Chula Vista authorizes
the City of San Diego to execute all Grant-related documents, including,
but not limited to, Applications, Payment Requests, Agreements and
Amendments necessary to secure Grant funds and implement and carry
out the purposes specified in the Grant Applications through June 30, 2022
on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED, that the City of Chula Vista authorizes
the City of San Diego to conduct waste tire enforcement activities within
the jurisdictional boundaries of the City of Chula Vista during the terms of
the Local Government Waste Tire Enforcement Grants through June 30,
2022.
Presented by Approved as to form by
___________________________ ________________________
Eric Crockett Glen A. Googins
Economic Development Director City Attorney
2017-10-17 Agenda Packet Page 18
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 1
EXHIBIT A
TERMS AND CONDITIONS
Local Government Waste Tire Enforcement Grant Program
The following terms used in this Grant Agreement (Agreement) have the meanings
given to them below, unless the context clearly indicates otherwise:
"CalRecycle" means the Department of Resources Recycling and Recovery.
"Director" means the Director of CalRecycle or his or her designee.
"Grant Agreement" and "Agreement" means all documents comprising the
agreement between CalRecycle and the grantee for this grant.
"Grant Manager" means CalRecycle staff person responsible for monitoring the
grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
"Program" means the Local Government Waste Tire Enforcement Grant Program.
"State" means the State of California, including, but not limited to, CalRecycle and/or
its designated officer.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State
Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water
Code Section 13301 for violation of waste discharge requirements or discharge
prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or
water pollution.
AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
AMERICANS WITH DISABILITIES ACT
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
ASSIGNMENT, SUCCESSORS, AND ASSIGNS
(a) This Agreement may not be assigned by the grantee, either in whole or in part,
without CalRecycle’s prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
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CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 2
AUDIT/RECORDS ACCESS
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State
Audits, or their designated representative(s) shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this
Agreement. The grantee agrees to maintain such records for possible audit for a
minimum of three (3) years after final payment date or grant term end date, whichever is
later, unless a longer period of records retention is stipulated, or until completion of any
action and resolution of all issues which may arise as a result of any litigation, dispute,
or audit, whichever is later. The grantee agrees to allow the designated
representative(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such
records. Further, the grantee agrees to include a similar right of the State to audit
records and interview staff in any contract or subcontract related to performance of this
Agreement.
[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and
Requirements (Exhibit B) with your finance department, contractors and subcontractors.
Examples of audit documentation include, but are not limited to: expenditure ledger,
payroll register entries and time sheets, personnel expenditure summary form, travel
expense log, paid warrants, contracts, change orders, invoices, and/or cancelled
checks.]
AUTHORIZED REPRESENTATIVE
The grantee shall continuously maintain a representative vested with signature authority
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
AVAILABILITY OF FUNDS
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code
(11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant
Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration,
pursuant to the procedures set forth in the section entitled “Communications” herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities,
the grantee shall not receive any grant funding if such funding is prohibited by Labor
Code section 1782. If it is determined that Labor Code section 1782 prohibits funding
for the grant project, this Agreement will be terminated and any disbursed grant funds
shall be returned to CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and
2017-10-17 Agenda Packet Page 20
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 3
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Family Code
Section 5200 et seq.
(b) The grantee, to the best of its knowledge, is fully complying with the earnings
assignment orders of all employees, and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
COMMUNICATIONS
All communications from the grantee to CalRecycle shall be directed to the Grant
Manager. All notices, including reports and payment requests, required by this
Agreement shall be given in writing by email, letter, or fax to the Grant Manager as
identified in the Procedures and Requirements (Exhibit B). If an original document is
required, prepaid mail or personal delivery to the Grant Manager is r equired following
the email or fax.
COMPLIANCE
The grantee shall comply fully with all applicable federal, state, and local laws,
ordinances, regulations, and permits. The grantee shall provide evidence, upon
request, that all local, state, and/or federal permits, licenses, registrations, and
approvals have been secured for the purposes for which grant funds are to be
expended. The grantee shall maintain compliance with such requirements throughout
the Grant Term. The grantee shall ensure that the requirements of the California
Environmental Quality Act are met for any approvals or other requirements necessary to
carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s
contractors and subcontractors have all local, state, and/or federal permits, licenses,
registrations, certifications, and approvals required to perform the work for which they
are hired. Any deviation from the requirements of this section shall result in non -
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former
state employees. If the grantee has any questions on the status of any person
rendering services or involved with this Agreement, CalRecycle must be contacted
immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity,
or enterprise is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the contract while employed in any capacity by
any state agency.
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CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 4
(b) For the twelve-month period from the date he or she left state employment, no
former state officer or employee may enter into a contract with any state agency if he
or she was employed by that state agency in a policy-making position in the same
general subject area as the proposed contract within the twelve month period prior to
his or her leaving state service.
If the grantee violates any provisions of above paragraphs, such action by the grantee
shall render this Agreement void. (Pub. Contract Code, § 10420).
CONTRACTORS/SUBCONTRACTORS
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change
in contractors or subcontractors must be mutually acceptable to the parties.
Immediately upon termination of any such contract or subcontract, t he grantee shall
notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between CalRecycle and any contractors or subcontractors of grantee, and no
agreement with contractors or subcontractors shall relieve the grantee of its
responsibilities and obligations hereunder. The grantee agrees to be as fully
responsible to CalRecycle for the acts and omissions of its contractors and
subcontractors 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 the grantee. The
grantee's obligation to pay its contractors and subcontractors is an independent
obligation from CalRecycle’s obligation to make payments to the grantee. As a result,
CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to
any contractor or subcontractor.
COPYRIGHTS
Grantee retains title to any copyrights or copyrightable material produced pursuant to
this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive,
transferable, world-wide license to reproduce, translate, and distribute copies of any and
all copyrightable materials produced pursuant this Agreement, for nonprofit, non -
commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.
Grantee is responsible for obtaining any necessary licenses, permissions, releases or
authorizations to use text, images, or other materials owned, copyrighted, or
trademarked by third parties and for extending such licenses, permissions, releases, or
authorizations to CalRecycle pursuant to this section.
CORPORATION QUALIFIED TO DO BUSINESS IN CALIFORNIA
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
DISCHARGE OF GRANT OBLIGATIONS
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the
grantee’s Board of Directors shall accept and certif y as accurate the final report prior to
its submission to CalRecycle.
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CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 5
DISCLAIMER OF WARRANTY
CalRecycle makes no warranties, express or implied, including without limitation, the
implied warranties of merchantability and fitness for a particular purpose, regarding the
materials, equipment, services or products purchased, used, obtained and/or produced
with funds awarded under this Agreement, whether such materials, equipment, services
or products are purchased, used, obtained and/or produced alone or in com bination
with other materials, equipment, services or products. No CalRecycle employees or
agents have any right or authority to make any other representation, warranty or
promise with respect to any materials, equipment, services or products, purchased,
used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for
special, incidental or consequential damages arising from the use, sale or distribution of
any materials, equipment, services or products purchased or produced with grant funds
awarded under this Agreement.
DISCRETIONARY TERMINATION
The Director shall have the right to terminate this Agreement at his or her sole discretion
at any time upon 30 days written notice to the grantee. Within 45 days of receipt of
written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee.
(b) Submit an accounting of all grant funds expended up to and including the date of
termination.
(c) Reimburse CalRecycle for any unspent funds.
DISPUTES
In the event of a dispute regarding performance under this Agreement or interpretation
of requirements contained therein, the grantee may, in addition to any other remedies
that may be available, provide written notice of the particulars of such dispute to the
Branch Chief of Financial Resources Management Branch, Department of Resources
Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written
notice must contain the grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
DRUG-FREE WORKPLACE CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California, that the grantee will comply with the requirements
of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a
drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the
following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, a nd employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
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CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 6
(2) Agrees to abide by the terms of such statement as a condition of employment on
the grant.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and grantee may be ineligible
for award of any future State agreements if CalRecycle determines that the grantee has
made a false certification, or violated the certif ication by failing to carry out the
requirements as noted above.
EFFECTIVENESS OF AGREEMENT
This Agreement is of no force or effect until signed by both parties.
ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, oral or written, made with respect to
the subject hereof and, together with all attachments hereto, contains the entire
agreement of the parties.
ENVIRONMENTAL JUSTICE
In the performance of this Agreement, the grantee shall conduct its programs, policies,
and activities that substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and income levels, including
minority populations and low-income populations of the state.
FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT
CalRecycle will benefit from the grantee's full compliance with the terms of this
Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which
support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the grantee shall be in compliance with this Agreement only if t he work it
performs results in:
(a) Application of information, a process, usable data or a product which can be used to
aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.
If the Grant Manager determines that the grantee has not complied with the Grant
Agreement, the grantee may forfeit the right to reimbursement of any grant funds not
already paid by CalRecycle, including, but not limited to, the 10 percent withhold.
FORCE MAJEURE
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any,
shall be responsible hereunder for any delay, default, or nonperformance of this
Agreement, to the extent that such delay, default, or nonperformance is caused by an
act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage,
flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors,
vendors, or subcontractors, and beyond the reasonable control of such party.
2017-10-17 Agenda Packet Page 24
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 7
FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used,
or has not been used, for grant purposes in accordance with this Agreement, the
Director, at his or her sole discretion, may take appropriate action under this
Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended
portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to
repay to CalRecycle any funds improperly expended.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
The grantee is required to use Generally Accepted Accounting Principles in
documenting all grant expenditures.
GRANT MANAGER
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing
and approving Grant Payment Requests and other documents delivered to CalRecycle
pursuant to this Agreement. The Grant Manager may monitor grantee performance to
ensure that the grantee expends grant funds appropriately and in a manner consistent
with the terms and conditions contained herein. The Grant Manager does not have the
authority to approve any deviation from or revision to the Terms and Conditions
(Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is
expressly stated in the Procedures and Requirements (Exhibit B).
GRANTEE ACCOUNTABILITY
The grantee is ultimately responsible and accountable for the manner in which the grant
funds are utilized and accounted for and the way the grant is administered, even if the
grantee has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that grant funds are
owed to CalRecycle, the grantee is responsible for repayment of the funds to
CalRecycle.
GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle,
and their officers, agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or
damaged by the grantee as a result of the performance of this Agreement.
GRANTEE'S NAME CHANGE
A written amendment is required to change the grantee's name as listed on this
Agreement. Upon receipt of legal documentation of the name change, CalRecycle will
process the amendment. Payment of Payment Requests presented with a new name
cannot be paid prior to approval of the amendment.
IN CASE OF EMERGENCY
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-
eligible expenses not previously included in the approved Budget, subject to
2017-10-17 Agenda Packet Page 25
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 8
subsequent approval by the Grant Manager of both the Budget change and the need to
implement the Budget change on an emergency basis. The grantee shall notify the
Grant Manager of the emergency and the Budget change at the earliest possible
opportunity. CalRecycle reserves the right to accept or reject the grantee’s
determination that the circumstances constituted an emergency or a threat to public
health and safety or the environment. If the Grant Manager determines that the
circumstances did not constitute an emergency or a threat to public health or safety, the
Budget change will be disallowed.
NO AGENCY RELATIONSHIP CREATED/INDEPENDENT CAPACITY
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or
agents of CalRecycle.
NO WAIVER OF RIGHTS
CalRecycle shall not be deemed to have waived any rights under this Agreement unless
such waiver is given in writing and signed by CalRecycle. No delay or omission on the
part of CalRecycle in exercising any rights shall operate as a waiver of such right or any
other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice
or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with
that provision or any other provision of this Agreement. No prior waiver by CalRecycle,
nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of
any of CalRecycle’s rights or of any of grantee’s obligations as to any future
transactions. Whenever the consent of CalRecycle is required under this Agreement,
the granting of such consent by CalRecycle in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all
cases such consent may be granted or withheld in the sole discretion of CalRecycle.
NON-DISCRIMINATION CLAUSE
(a) During the performance of this Agreement, grantee and its contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment on the bases enumerated in Government Code Section
12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty
of perjury under the laws of California that the grantee has, unless exempted,
complied with the nondiscrimination program requirements (Gov. Code, § 12990,
subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not
applicable to public entities.)
ORDER OF PRECEDENCE
The performance of this grant shall be conducted in accordance with the Terms and
Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project
Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other
combination of Exhibits specified on the Grant Agreement Coversheet attached hereto
(collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application
(Grantee’s Application) is hereby incorporated herein by this reference. In the event of
conflict or inconsistency between the articles, exhibits, attachments, specifications or
provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
2017-10-17 Agenda Packet Page 26
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 9
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.
OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS
The grantee shall, at the request of CalRecycle or as specifically directed in the
Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data,
drawings, design plans, specifications, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations, and memoranda of
every description or any part thereof, prepared under this Agreement. Grantee hereby
grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to
reproduce, translate, and distribute copies of any and all such materials produced
pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or
permit others to do so on CalRecycle’s behalf.
PAYMENT
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by
this reference and states the maximum amount of allowable costs for each of the
tasks identified in the Work Plan, if applicable, wh ich is attached hereto and
incorporated herein by this reference. CalRecycle shall reimburse the grantee for
only the work and tasks specified in the Work Plan or the Grantee’s Application at
only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s
Application in accordance with the approved Budget, and shall obtain the Grant
Manager’s written approval of any changes or modifications to the Work Plan,
approved project as described in the Grantee’s Application or the approved Budget
prior to performing the changed work or incurring the changed cost. If the grantee
fails to obtain such prior written approval, the Director, at his or her sole discretion,
may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements (Exhibit B).
(d) Ten percent will be withheld from each Payment Request and paid at the end of the
grant term, when all reports and conditions stipulated in this Agreement have been
satisfactorily completed. Failure by the grantee to satisfactorily complete all reports
and conditions stipulated in this Agreement may result in forf eiture of any such funds
withheld pursuant to CalRecycle’s 10 percent) retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact the Grant
Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a
Notice to Proceed as described in the Procedures and Requirements (Exhibit B).
PERSONNEL COSTS
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any
personnel expenditures to be reimbursed with grant funds must be computed based on
2017-10-17 Agenda Packet Page 27
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 10
actual time spent on grant-related activities and on the actual salary or equivalent hourly
wage the employee is paid for his or her regular job duties, including a proportionate
share of any benefits to which the employee is entitled, unless otherwise specified in the
Procedures and Requirements (Exhibit B).
REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle
approved their acquisition for so long as such property is needed for su ch purposes,
regardless of whether the grantee continues to receive grant funds from CalRecycle
for such purposes. In no event shall the length of time during which such property,
including equipment and supplies, acquired with grant funds, is used for the purpose
for which CalRecycle approved its acquisition be less than five (5) years after the
end of the grant term, during which time the property, including equipment and
supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies,
shall vest upon acquisition in the grantee. The grantee may be required to execute
all documents required to provide CalRecycle with a security interest in any real or
personal property, including equipment and supplies, and it shall be a condition of
receiving this grant that CalRecycle shall be in first priority position with respect to
the security interest on any such property acquired with the grant funds, unless pre-
approved in writing by the Grant Manager that CalRecycle will accept a lower priority
position with respect to the security interest on the property. Grantee shall inform
any lender(s) from whom it is acquiring additional funding to complete the property
purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including
equipment and supplies, acquired with grant funds to any other entity without the
express authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the
event of a question concerning the eligibility of equipment for grant funding, the
burden will be on the grantee to establish the pedigree of the equipment.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and nece ssary for the
performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations,
and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances,
considering their responsibilities to the organization, its members, employees,
clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
2017-10-17 Agenda Packet Page 28
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 11
RECYCLED-CONTENT PAPER
All documents submitted by the grantee must be printed double-sided on recycled-
content paper containing 100 percent post-consumer fiber. Specific pages containing
full color photographs or other ink-intensive graphics may be printed on photographic
paper.
REDUCTION OF WASTE
In the performance of this Agreement, grantee shall take all reasonable steps to ensure
that materials purchased or utilized in the course of the project are not wasted. Steps
should include, but not be limited to: the use of used, reusable, or recyclable products;
discretion in the amount of materials used; alternatives to disposal of materials
consumed; and the practice of other waste reduction measures where feasible and
appropriate.
REDUCTION OF WASTE TIRES
Unless otherwise provided for in this Agreement, in the performance of this Agreement,
for all purchases made with grant funds, including, but not limited to equipment and tire -
derived feedstock, the grantee shall purchase and/or process only California waste tires
and California waste tire-derived products. As a condition of final payment under this
Agreement, the grantee must provide documentation substantiating the source of the
tire materials used during the performance of this Agreement to the Grant Manager.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this
Agreement for a cost or activity that has been or will be paid fo r through another funding
source. The grantee shall not seek reimbursement for any costs used to meet cost
sharing or matching requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
“applicable credits” refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible,
deduct the amount of the credit from the amount billed as reimbursement for the cost, or
shall deduct the amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant,
the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle
168) from the contractor or subcontractor, signed under penalty of perjury, disclosing
whether of any of the events listed in Section 17050 of Title 14, California Code of
Regulations, Natural Resources, Division 7, has occurred with respect to the contractor
or subcontractor within the preceding three (3) years. If a contractor is placed on
CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to
terminate that contract.
REMEDIES
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at
2017-10-17 Agenda Packet Page 29
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 12
law or in equity, and exercise of one right or remedy shall not be deemed a waiver of
any other right or remedy.
SELF-DEALING AND ARM’S LENGTH TRANSACTIONS
All expenditures for which reimbursement pursuant to this Agreement is sought shall be
the result of arm’s-length transactions and not the result of, or motivated by, self -dealing
on the part of the grantee or any employee or agent of the grantee. For purposes of this
provision, “arm’s-length transactions” are those in which both parties are on equal
footing and fair market forces are at play, such as when multiple vendors are invited to
compete for an entity’s business and the entity chooses the lowest of the resulting bids.
“Self-dealing” is involved where an individual or entity is obligated to act as a trustee or
fiduciary, as when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict
with, the public purpose for which all grant monies are to be expended.
SEVERABILITY
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement
be deemed to be a valid and binding agreement enfo rceable in accordance with its
terms.
SITE ACCESS
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for
ninety (90) days after completion of the work, or until all issues related to the grant
project have been resolved.
STOP WORK NOTICE
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
TERMINATION FOR CAUSE
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the
work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be
deducted from any sum due the grantee under this Agreement. Termination pursuant to
this section may result in forfeiture by the grantee of any funds retained pursuant to
CalRecycle’s 10 percent retention policy.
TIME IS OF THE ESSENCE
Time is of the essence to this Agreement.
TOLLING OF STATUTE OF LIMITATIONS
The statute of limitations for bringing any action, administrative or civil, to enforce the
terms of this Agreement or to recover any amounts determined to be owing to
CalRecycle as the result of any audit of the grant covered by this Agreement shall be
2017-10-17 Agenda Packet Page 30
CalRecycle’s Entitlement Grant Terms and Conditions – Revised 3/29/16 13
tolled during the period of any audit resolution, including any appeals by the grantee to
the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of
Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this
Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(B) If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for
those expenditures, and that grantee shall provide those records to the Attorney
General upon request.
VENUE/CHOICE OF LAW
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other
venue. The place where the Agreement is entered into and place where the
obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the
validity and operation of this Agreement and the performance of the obligations
imposed upon the parties hereunder.
WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE
The grantee agrees to waive all claims and recourse against the state, its officials,
officers, agents, employees, and servants, including, but not limited to, the right to
contribution for loss or damage to persons or property arising out of, resulting from, or in
any way connected with or incident to this Agreement. This waiver extends to any loss
incurred attributable to any activity undertaken or omitted pursuant to this Agreement or
any product, structure, or condition created pursuant to, or as a result of, this
Agreement.
WORK PRODUCTS
Grantee shall provide CalRecycle with copies of all final products identified in the Work
Plan. Grantee shall also provide CalRecycle with copies of all public education and
advertising material produced pursuant to this Agreement.
WORKERS’ COMPENSATION/LABOR CODE
The grantee is aware of Labor Code Section 3700, which requires every employer to be
insured against liability for Workers’ Compensation or to undertake self -insurance in
accordance with the Labor Code, and the grantee agrees to comply with such
provisions before commencing the performance of the work of this Agreement.
2017-10-17 Agenda Packet Page 31
TEA Grant Program, FY 2016–17 1
EXHIBIT B
PROCEDURES AND REQUIREMENTS
LOCAL GOVERNMENT WASTE TIRE ENFORCEMENT GRANT PROGRAM
24th Cycle
Copies of these Procedures and Requirements should be shared with BOTH the
Finance Department AND the staff responsible for implementing the grant
activities.
INTRODUCTION
The Local Government Waste Tire Enforcement (TEA) Grant Program is administered
through the Department of Resources Recycling and Recovery (CalRecycle). These
Procedures and Requirements describe project and reporting requirements, report due
dates, report contents, grant payment conditions, eligible and ineligible project costs,
project completion and closeout procedures, records and audit requirements.
This document is attached to, and incorporated by referenc e, into the Grant Agreement.
MILESTONES
NTP Date Grant Term and Grant Performance Period Begins on date
indicated on the Notice to Proceed (NTP)
February 28, 2018 Mid-Year Progress Report Due
June 29, 2018 Grant Performance Period Ends
June 30, 2018 –
September 28, 2018
Report Preparation Period
September 28, 2018 Final Report and final Payment Request Due
September 28, 2018 Grant Term End
.
GRANT MANAGEMENT SYSTEM (GMS)
GMS is CalRecycle’s web-based grant application and grant management system.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the grant
Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their web
pass. After login, locate the grant in the My Awarded/Open Grants table and select
the Grant Management button. The Grant Management Module includes the
following sections:
Summary tab – shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode.)
Payment Request tab - requests reimbursement.
Reports tab- uploads required reports.
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TEA Grant Program, FY 2016–17 2
Documents tab– uploads other grant documents that are not considered
supporting documents to a payment request or a report. This section also
provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. Use the information in the
following sections to determine what reports, transactions, and supporting documents
are required.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the access check box marked. A contact may be listed but not granted
access by not checking the box. Please note, if a contact is granted access to a grant
they will be able to edit contacts, submit payment requests, upload reports, and view all
documents. Those with access may update contact information for all contact types
except Signature Authority. Email the assigned Grant Manager regarding any changes
to Signature Authority information.
PRIOR TO COMMENCING WORK
Prior to commencing work under this grant, the grantee’s Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee’s compliance with these
requirements is a major focus of grant audits.
For further instructions regarding GMS, including login directions, see the section above
titled Grant Management System.
GRANT TERM, GRANT PERFORMANCE PERIOD, AND REPORT PREPARATION
PERIOD
The Grant Term and Grant Performance Period both begin the date indicated in the
Notice to Proceed. The Grant Term ends on September 28, 2018. This is also the date
the Final Report and final Payment Request are due to CalRecycle.
The Grant Performance Period begins on the date indicated in the Notice to Proceed
and ends on June 29, 2018. Grant-eligible program expenditures may start no earlier
than the date indicated in the Notice to Proceed and ends on June 29, 2018. In all
cases, eligible program costs must be incurred no later than June 29, 2018.
The period from June 30, 2018 to September 28, 2018 is the Report Preparation Period.
Costs incurred to prepare the Final Report and final Payment Request are the
only costs that are eligible for reimbursement during the Report Preparation
Period.
ELIGIBLE COSTS
All grant expenditures must be for activities, products, and costs specifically included in
the approved Work Plan and approved Budget. To be eligible for reimbursement, costs
must be incurred after receiving a NTP and before the end of the Grant Performance
Period. All services must be provided and goods received during this period in order to
be eligible costs. Invoices for goods and services must be paid by the grantee prior to
the inclusion of those goods or services on a payment request.
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TEA Grant Program, FY 2016–17 3
Exception: On a case by case basis, the Grant Manager may consider approving
delivery of goods after the Grant Performance Period as long as the cost was incurred
after receiving a NTP and before the end of the Grant Performance Period. The delivery
date must be on or before the Grant Term end date. The grantee must submit the
request in writing via email and receive written approval from the Grant Manager.
Any proposed revision(s) to the Inspection Priority Work Plan and/or Budget must be
submitted in writing and pre-approved in writing by the Grant Manager prior to grantee
incurring the proposed expenditure. The approval document should be retained by the
grantee for audit purposes. See Audit Record/Access section of the Terms and
Conditions (Exhibit A).
The following are eligible activities under Inspections, Enforcement, Training, Education,
and should be charged under the appropriate category (i.e. inspection training under
Inspection budget):
Coordinating with other grantees when both the city and county in which they are
located are grantees to ensure no duplication or gaps in activities.
Grant-related meetings of the grantee's tire enforcement staff.
Staff time spent on grant-related activities (i.e., providing training, receiving
training, file maintenance, communicating with CalRecycle about grant
requirements, waste tire facility permitting, hauling, storage and disposal laws,
regulations and procedures).
Developing tools to track activities including maintaining files.
Activities related to improving or correcting performance on inspections and
associated activities with CalRecycle Inspectors and the Grant Manager.
Writing policies, processes and procedures for tracking and reporting staff time,
activities and costs.
Administrative Costs
Direct Administrative Costs
Direct administrative costs must be less than or equal to 15 percent of the total
approved Budget.
The following direct administrative activities/costs are eligible:
Preparing and submitting Progress Reports, Payment Requests, and all other
required documents, forms and information.
Grant-related communications with the CalRecycle Grant Manager, Evaluation
staff, Enforcement staff and state auditors.
Costs related to compliance with performance evaluation or audits.
Developing and maintaining a system to accurately capture and report staff time,
activities, and costs for waste tire enforcement, including maintenance of
records.
Indirect Costs
Grantees may charge actual indirect cost rates not to exceed 20 percent of approved
direct costs.
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TEA Grant Program, FY 2016–17 4
Grantees must employ an indirect cost rate that conforms to Generally Accepted
Accounting Principles and which is prepared by their accounting, finance or budget
office or external accounting contractor.
Grantees must maintain, and shall provide if requested, documentation to
support indirect charges and the components thereof, which demonstrates the
methodology used to calculate these costs.
Education
The amount requested and reimbursed under Education must be less than or equal to
10 percent of the approved Budget, unless the Grant Manager has approved an
educational and outreach plan with a larger percentage. Eligible education activities and
costs are as follows:
1. Identifying new TPIDs, which may include:
Obtaining Waste Tire Management System (WTMS) reports of newly
issued Tire Program Identification (TPID) numbers, or
Canvassing business areas to determine if new or established businesses
perform waste tire activities.
2. Printing and distributing CalRecycle flyers when conducting educational visits for
TPIDs.
3. Informing businesses, and business owners/operators about applicable waste
tire laws and regulations and available compliance resources.
4. Providing tire related education to Local Conservation Corps.
5. Providing other outreach activities as requested or approved by CalRecycle.
Enforcement
Enforcement Actions and Surveillance
Eligible enforcement and surveillance activities include steps taken beyond normal
inspection activities that a grantee undertakes to identify illegal waste tire activity and
collect evidence, as defined below.
1. All eligible enforcement and surveillance activities MUST be related to
conducting and reporting on investigations, researching, surveilling, identifying,
and documenting at least one of the following:
Illegal (unpermitted) waste tire storage sites and activities with 500 or more
waste tires.
Individuals responsible for illegal dumping of waste tires.
Private property on which illegal dumping of waste tires is occurring or has
occurred with 500 or more waste tires.
Unregistered waste tire haulers.
2. Eligible enforcement and surveillance activities may include the following:
Coordinating and working with CalRecycle, the California Highway Patrol,
local DA, task forces, TEAs, and other local law enforcement on:
o Gathering and sharing information and resources.
o Providing training to local law and code enforcement personnel
within the TEA jurisdiction to encourage referrals or citations.
o Establishing and conducting checkpoints to identify unregistered
waste tire haulers.
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TEA Grant Program, FY 2016–17 5
o Attending administrative, court and/or CalRecycle hearings, and
supporting case development.
Assisting CalRecycle with investigations and referrals:
o Making waste tire enforcement referrals, as approved or required.
o Investigating waste tire referrals, complaints, violations,
discrepancies, legal records searches, etc., as requested.
o Obtaining inspection and other warrants as needed.
o Participating with local law enforcement activities, performing
interviews and field investigations, developing enforcement cases.
o Researching databases and past enforcement activities.
After appropriate enforcement and surveillance, coordination with other
agencies to remediate environmental damage due to illegal dumping and
storage of waste tires, including:
o Review of regulations and procedures.
o Coordination with Local Conservation Corps to coordinate
cleanups, and other related activities.
o Coordination with CalRecycle for cleanup and lien options.
Note: Private property with more than 500 illegally stored waste tires
must be referred to CalRecycle for enforcement prior to seeking
remediation.
Record Keeping
o Production and maintenance of documents and files to track waste
tire enforcement-related activities.
3. Grantees must report enforcement and surveillance activities to CalRecycle
Inspection Liaison as follows:
Report to CalRecycle all enforcement actions on waste tire-related cases,
including any referrals to the DA’s Office and any actions taken by the
DA’s Office on waste tire related cases within 15 days.
Making waste tire enforcement referrals, as approved or required. See
“Inspection Referral.”
Field Patrolling and Small Cleanup
Field Patrolling is an enforcement activity with the sole purpose of reducing and
deterring illegal hauling and dumping of waste tires. The grantee shall be limited to 15
percent of the total approved Budget, and adhere to the following:
1. All field patrolling activities must be documented and supported by filling the
CalRecycle Field Patrolling form (CalRecycle 229).
2. Eligible field patrolling activities include:
Preparation and planning of field patrol.
Follow-up on locations with known illegal waste tire dumping and on illegal
dumping complaints and referrals
Cleanup of small tire piles with 35 or less tires on public land including
disposal fees.
3. The grantee must report field patrolling activities quarterly in the following
manner:
The Field Patrolling forms shall be submitted electronically to
WasteTires@CalRecycle.ca.gov to the attention of their CalRecycle
Inspector Liaison.
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TEA Grant Program, FY 2016–17 6
List of violations of illegal waste tire dumpers or unregistered waste tire
haulers.
Summary of documented fluctuations, increases and decreases, in
illegally dumped waste tires, etc.
4. The grantee shall be limited to patrolling areas every quarter, unless otherwise
approved by CalRecycle.
Equipment
Only equipment, materials and supplies necessary to perform eligible waste tire
activities under the TEA Grant are eligible for reimbursement and shall be limited to ten
percent of the total approved Budget, and as described below.
1. The grantee may claim only the cost of an item that is proportionate to its use in
the Waste Tire Enforcement Program.
2. The only eligible equipment and quantity/cost of equipment under the grant that
is listed in the Budget, or that has been subsequently pre -approved by the Grant
Manager. The following are examples of eligible equipment costs:
Personal Protective Equipment: including boots, reflective vests or
logo/identifying windbreakers, hard hats/sun hats, gloves, binoculars, face
masks, safety glasses.
Field equipment: including measuring devices, GPS, camera and
accessories.
Cell phones, mobile WiFi hotspots and cell service.
Computers or tablets and related standard accessories.
Inspections
Inspections are the core component of the grant and the activity on which the Grantee
shall spend most of its time and money. Unless otherwise approved, the eligible
activities are listed below and the grantee must perform inspection activities in
accordance with the following:
1. Priority and Eligibility - the grantee shall inspect TPIDs as authorized and
described in the Inspection Priority Work Plan and as described below, unless
prior written approval is given by CalRecycle Inspector Liaison and the Grant
Manager.
If any of the below are not achieved, CalRecycle may withhold payment.
All inspections on the “Inspection Priority Work Plan” must be completed
by June 29, 2018.
Active TPIDs with an outstanding Notice of Violation (NOV) must be
inspected within 15 days of the compliance deadline. Grantees may
make referrals to CalRecycle after the first inspection, but must do so
within 15 days and as described under “Inspection Referrals”.
The grantee shall inspect tire locations or refer to CalRecycle within 15
days, under the following circumstances and as directed below:
1. If requested by the CalRecycle Inspector Liaison.
2. The grantee receives a waste tire regulation related complaint or
becomes aware of:
an illegal waste tire facility with 500 or more waste tires
(unpermitted as defined in 14 CCR 18420).
an illegal waste or used tire hauler (unregistered as
defined by 14 CCR 18451).
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TEA Grant Program, FY 2016–17 7
a tire location that poses an immediate risk or threat to
public health and safety, and/or the environment. (This
does not apply to illegal sites that the Grantee knows
CalRecycle is aware of and/or actively pursuing
enforcement actions against.)
3. Grantees must note on the Inspection Report the information they
received that necessitated the inspection, and must mark “Referral”
as the Inspection Type.
If all TPIDs listed in the “Inspection Priority Work Plan” can and will be
inspected within the grant period, the Grantee may inspect Active TPIDs
not on the “Inspection Priority Work Plan” any time during the grant cycle
except for ineligible inspection activities listed below. Inspection
scheduling is the responsibility and at the discretion of the Grantee.
Only Inspections at the following frequencies are eligible:
Only one Routine inspection is allowed per active TPID.
A maximum of two re-inspections may be performed per active
TPID if a Notice of Violation was documented during the original
routine inspection.
Only one Observation inspection may be performed, as described
below, per active TPID.
Only one Educational inspection may be performed per each
active, new TPID within the grant cycle.
Only the following are eligible inspection activities:
On-the-job inspection training for TEA staff.
Scheduling and pre-inspection research.
Physically inspecting the TPID locations, taking photographs,
interviewing personnel, writing and submitting a complete and
correct inspection report.
Researching, updating or correcting WTMS records and the
grantee's database.
Providing technical assistance to tire businesses during or after an
inspection on waste tire laws and regulations.
Conducting an observation inspection if a TEA inspector is in the
field conducting other eligible waste tire activities and observes the
potential for a violation. *
*Note: The Inspection Report must document the circumstances that
prompted the inspection, and “Observation” must be marked as the
Inspection Type.
Inspection reports may only be completed when the inspector performs
an inspection at the TPID's physical address.
Ineligible inspection activities include inspections of the following except
as otherwise pre-approved in writing or requested by the CalRecycle
Inspector Liaison:
Locations where the TPID does not have a site (physical) address
in the Grantee’s jurisdiction or at an address that is not listed in
WTMS.
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TEA Grant Program, FY 2016–17 8
Note: When the Grantee learns of a new or changed TPID site
(physical) address, that information must be submitted to the Waste
Tire Hotline (toll-free 1-866-896-0600 or
WasteTires@CalRecycle.ca.gov) or to the CalRecycle Inspector
Liaison assigned to the Grantee within seven days and be noted on
the Inspection Report.
Closed and inactive TPIDs (refers to the TPID’s Business Status in
the WTMS)
Small quantity generators (SQG) (refers to the TPID’s Business
Role identified in the WTMS)
i. Inspections of SQGs included on your Inspection
Priority Work Plan, as well as inspections of SQGs
that previously have never been inspected, are
considered pre-approved.
Farm/Ranch/Dairy/Ag Sites
Permitted Major or Minor Waste Tire Facilities
2. Quality of Inspections - Inspections shall be conducted in a manner consistent
with state laws and regulations and according to CalRecycle guidance and
business practices implementing sound investigative techniques, and as
described below:
Inspection reports shall be filled out completely and correctly and shall
contain, at a minimum, the following on all reports:
A statement that permission to inspect the facility was requested
and obtained with the name and title of the person who granted the
inspector permission (including taking photos and making site
maps),
Waste tire count for the facility including indicating the coun ting
method(s) used (e.g., direct count, volumetric estimation,
combination, etc.). If volumetric estimation was used, a description
of the tire piles, their location, dimensions, and all volume
calculations and conversions to waste tires.
Results of the CTL review and any discrepancies noted. Include
additional information that would support a future enforcement
action and that would enable the report to stand on its own without
any explanations or additional information.
Inspection reports must be filled out to accurately reflect compliance/
noncompliance at the TPID in accordance with the inspection report
instructions
(http://www.calrecycle.ca.gov/Tires/Enforcement/Inspections/FormInstruct
.htm#Page2), the Grantee Toolbox
(www.calrecycle.ca.gov/tires/enforcement/Grantee/), and according to
training provided by CalRecycle as follows:
1. The Grantee shall conduct a pre-inspection review of hauler
records, CTLs, WTMS, authorizations, prior inspections and
enforcement actions prior to inspections.
2. Violations shall be cited correctly and consistently, including citing
the correct code sections, through the re-inspection process.
3. Violations and corrections to violations shall be noted on the
inspection report and supported with written comments and
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TEA Grant Program, FY 2016–17 9
documentation. Documentation may include photographs,
description of conditions at the site, information gathered through
interviews, and any other documentation which support violations
or corrections of violations.
4. Statements or directives the Inspector made to the owner/operator
must be noted in the report.
5. TEA inspectors shall verify that the information in WTMS was
current and accurate, including Operational Status, authorizations,
addresses, owners, operators, contacts information, etc. If
discrepancies are noted, the inspector shall submit corrections to
the Hauler Hotline or to the CalRecycle Inspector Liaison assigned
to the Grantee within 7 days. Inspectors are also to note these
corrections in the inspection reports.
Inspection reports must be submitted according to established
CalRecycle business practices.
Inspection reports must be submitted no later than 15 calendar
days after the inspection date. All inspection reports must be
submitted electronically using the WTMS e-reporting process.
One inspection report is to be submitted per TPID number,
regardless of whether there are multiple roles noted in WTMS for
the TPID.
Enforcement Referrals to CalRecycle shall be on a CalRecycle 228 Form
that is completed correctly. All inspections resulting in the issuance of an
NOV may result in a referral to CalRecycle for enforcement action and
shall be handled in the following manner:
1. On the First Inspection:
The TEA inspector shall advise the TPID owner/operator or
representative of the violation(s) and provide them a copy of
the CalRecycle Notice of Violation and Citable Offenses
Handouts
(calrecycle.ca.gov/Tires/Enforcement/Inspections/Forms.htm
#NOV).
Document on the Inspection Report in detail:
o To whom and how the NOV and Citable Offenses
handouts where delivered (e.g., in person, by mail or
email).
o Description of all violations noted and specifically
what needs to be corrected.
o Compliance deadline date when all violations must be
corrected that shall be no more than 30 days from the
date of the inspection, except for violations of
recordkeeping or manifest requirements contained in
14 CCR 17357 and 14 CCR 18459.2.1 through
18462, the compliance deadline date shall be no
more than 90 days from the date of the inspection to
provide adequate time to assess whether corrective
action has been taken regarding recordkeeping and
manifest issues.
If the violation is significant, chronic, or if it is anticipated that
the violation will not be corrected, the TEA inspector shall
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TEA Grant Program, FY 2016–17 10
refer the TPID and violation to CalRecycle to allow for an
expedited enforcement. See below for more on “Inspection
Referrals” to CalRecycle.
2. On the Second Inspection (First Re-inspection):
The Grantee shall re-inspect the site within 15 days of the
NOV compliance deadline date.
The Inspection Report must include written documentation
and evidence (photographs, copies of documents, etc.) that
address all of the same violation(s) using the same citations
as documented in the previous inspection, by either
documenting:
o Evidence of correction of the violation(s).
o Partial correction(s) or good faith effort made, the
justification of the extension, and the new compliance
deadline date, not to exceed 30 days from the date of
the re-inspection.
o Continued violation(s) without significant good faith,
and refer the TPID and uncorrected violation(s) to
CalRecycle for further enforcement action.
Document any new violations noted during the inspection.
Note: New violations noted during a re-inspection do not
extend the limit of two re-inspections authorized under the
Grant.
3. If applicable, on the Third Inspection (Second Re-inspection).
The Grantee shall re-inspect the TPID within 15 days of the
extended NOV compliance deadline date.
Continue to cite the same codes being violated and the
reasons. Also document violations that were corrected since
the last inspection.
If all violations have not been corrected, including new
violations detected during re-inspections, refer the TPID and
violation(s) to CalRecycle for further enforcement action by
completing/submitting the CalRecycle Referral Form
(CalRecycle 228)
(www.calrecycle.ca.gov/Tires/Enforcement/Inspections/Form
s.htm#Referral). Indicate the referral in the Enforcement
Status section of the inspection report.
The referral shall be made within 15 days of the second re-
inspection and must include the first and second inspection
reports, photographs, and other documentation and
evidence.
The grantee may make referrals to CalRecycle after the first inspection.
CalRecycle will provide training and assistance on the above
requirements as needed or requested. The grantee is responsible for
correcting errors so they do not become ongoing or chronic.
3. Timeframes - Inspections and referral documents shall be submitted in a timely
manner, as follows:
All inspections shall be delivered to the TPID representative or
owner/operator and be submitted electronically to CalRecycle within 15
days of the inspection date.
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TEA Grant Program, FY 2016–17 11
All NOVs shall be issued with a compliance date 30 days or less.
For violations of recordkeeping and manifest requirements contained in 14
CCR 17357 and 14 CCR 18459.2.1 through 18462, the compliance
deadline date shall be no more than 90 days from the date of the
inspection to provide adequate time to assess whether corrective action
has been taken regarding recordkeeping and manifest issues.
The first re-inspections (for NOV) shall be conducted within 15 days
following the compliance deadline date.
The second re-inspections (for NOV), if applicable, shall be conducted
within 15 days following the extended compliance deadline date.
Outstanding NOVs shall be referred to CalRecycle after the Second Re -
inspection or earlier as appropriate.
NOV referral packages shall be submitted to CalRecycle within 15 days of
the inspection noting “Referred to CalRecycle” in the Enforcement Status
section of the inspection report.
All unregistered haulers must be referred to CalRecycle within 15 days
using the Hauler Observation Report (CalRecycle 775).
4. Reasonable Expenditures to Carry out Inspections:
Personnel expenditures will be reimbursed based on actual time spent on
Inspections.
The Grantee must record actual time spent on all phases of the
inspection including preparation, on-site time, travel time, and
reporting/follow-up. CalRecycle may require a grantee to report time in
more detail or develop a more in-depth time task analysis to support
reimbursement requests.
Time allocated for conducting physical inspections in the field and pre-
inspection research shall be reasonable and relative to the state average
for similar sites. The timeframe shall be sufficient to conduct a complete
and correct inspection.
Travel time shall be kept to a minimum by inspecting as many sites in
one area at one time as is practical.
Note: Neither the TEA Grant Program nor the terms of the Grant Agreement affects or
changes CalRecycle’s right to enter any California jurisdiction for the purpose of: (1)
enforcing regulations relating to the storage of waste tires and used tires, as provided in
Public Resources Code (PRC) Section 42850(c); (2) enforcing regulations relating to
the hauling of waste and used tires, as provided in PRC Section 42963(b); and (3)
fulfilling any other enforcement obligations with which it is charged by statute or
regulation.
Training
Reimbursement for training is limited to tire enforcement staff and supervisors. In-
house training is to be charged under the appropriate category (i.e. inspection training
under Inspection budget). Unless otherwise approved, grantee training requirements
and eligibility are as follows.
1. Grantee must maintain and provide to CalRecycle a list of inspectors and lead
inspectors, their qualifications and the amount time (percentage or quantity
inspections) they are committed to the program.
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TEA Grant Program, FY 2016–17 12
2. All inspectors must be trained and approved by CalRecycle prior to conducting
eligible inspections. Existing inspectors may be approved without additional
training.
3. The following are mandatory training activities:
New inspector inspection training must be provided and approved by
CalRecycle.
CalRecycle-sponsored waste tire Round Tables.*
WTMS Training.*
Annual Technical Training Series. *
Other mandatory trainings as requested by CalRecycle.
*Grantee must send at least one inspector to each of these events.
4. The following are eligible non-mandatory training activities/costs:
Meetings, training or conferences as requested by CalRecycle.
Coordinating and hosting Round Tables or other CalRecycle-sponsored
training events.
CalEPA sponsored Enforcement Symposium.
Basic Inspector Academy.
Conducting Effective Interviews for Inspectors.
Environmental Enforcement Training.
Basic and refresher health and safety classes.
Costs/training approved in the Budget or that have been pre-approved in
writing by the Grant Manager.
5. When multiple sessions of a training event are scheduled, grantees must attend
the session closest to their location. Exceptions must be supported by a
compelling justification.
6. If attending an event with multiple subjects of which only part is related/beneficial
to waste tire enforcement, the portion of the class fee charged to the TEA grant
must be proportional to the class time devoted to waste tire enforcement.
Transportation
The amount budgeted and eligible for reimbursement under Transportation must be
necessary to perform waste tire activities under the TEA Grant. The total must be less
than or equal to ten percent of the total approved Budget.
Any activities/costs not specifically listed below must be pre-approved in writing by the
Grant Manager to be reimbursable. The following activities/costs are eligible:
Use of grantee-owned or personal vehicles. Grantees may claim vehicle usage
costs based upon actual mileage at the lesser of the grantee or state mileage
rate. Mileage rates generally cover the cost of fuel, maintenance, insurance,
licensing, registration, depreciation, and all other costs associated with operation
and usage of the vehicle. Therefore, grantees cannot claim vehicle usage costs
using both a mileage rate and the separate cost of the items covered by the
mileage rate. Grantees must use the rate in effect at the time the mileage was
incurred.
Travel and per diem. All travel costs must be in accordance with the California
State Travel policies (http://www.calhr.ca.gov/employees/Pages/travel-
reimbursements.aspx). Reimbursable mileage and other travel expenses (per
diem) may not exceed the state rates as set forth in the State Administrative
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TEA Grant Program, FY 2016–17 13
Manual. Documentation submitted for travel reimbursement must include
departure and return times and dates.
INELIGIBLE COSTS
Any costs not specifically included in the approved Budget and not directly related to
performance of eligible activities are ineligible for reimbursement. Contact the Grant
Manager if clarification is needed.
Ineligible costs include, but are not limited to:
Costs incurred prior to the date of the NTP letter or after June 29, 2018.
Expenditures outside the grantee’s jurisdiction(s), or not specified in the
approved Budget.
Any costs that are not consistent with local, state, and federal laws, guidelines
and regulations.
Costs associated with Amnesty Day events, such as creating and distributing
hauler exemption letters.
Investigation of local code violations that don’t involve waste tires.
Educational activities provided to the general public via small and large
community events or at events consisting primarily of K-8 children.
Costs associated with activities related to the use of recycled products.
Preparing and submitting the next cycle’s grant application.
Costs that the Grant Manager deems unreasonable, excessive, ineligible,
inappropriate, duplicative, disproportionate or not related to the TEA Grant
Program.
BUDGET CHANGES
Revision(s) to approved Budget must be submitted in writing and pre -approved in
writing by the Grant Manager prior to grantee incurring the proposed expenditure. The
Grant Manager will not approve changes that result in the reduction of the performance
of core program functions for inspections, enforcement, or mandatory training. The
approval document shall be retained by the grantee for audit purposes. See Audit
Record/Access section of the Terms and Conditions (Exhibit A).
REPORTING REQUIREMENTS
A Progress Report and a Final Report are required by this Agreement; however, the
Grant Manager may request a Progress Report at any time during the Grant Term.
All reports must be uploaded in GMS. Failure to submit the Final Report with
appropriate documentation by the due date may result in rejection of the Payment
Request and/or forfeiture by the grantee of claims for costs incurred that might
otherwise have been eligible for grant funding.
For further instructions regarding GMS, including login directions, see the section above
entitled, Grant Management System.
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to
search and upload the document, and then Save.
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TEA Grant Program, FY 2016–17 14
You may upload multiple documents to complete reporting requirements.
The maximum allowable file size is 35MB.
5. Click the Submit button when the report is complete.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be con sidered a breach
of this Agreement and may result in the termination of this Agreement or rejection of the
Payment Request and/or forfeiture by the grantee of claims for costs incurred that might
otherwise have been eligible for grant funding. Any problems or delays must be
reported immediately to the Grant Manager.
MID-YEAR PROGRESS REPORT
The grantee must submit a Mid-Year Progress Report by February 28, 2018. This
report shall cover grant activities that occurred from the NTP date through
December 31, 2017.
FINAL PROGRESS REPORT
The Final Report is due September 28, 2018. This report should cover grant activities
from the NTP through June 29, 2018. The following items must be included:
1. The Grant Number, Grantee’s name and Grant Term. The following disclaimer
statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not
necessarily those of the Department of Resources Recycling and Recovery
(CalRecycle), its employees, or the State of California. The state makes no
warranty, express or implied, and assumes no liability for the information
contained in the succeeding text.”
GRANT PAYMENT INFORMATION
1. Payment to the grantee for eligible grant expenses is made on a reimbursement
basis only and for only those materials and services specified in the approved
grant application.
2. Reimbursement may be requested twice or quarterly during the Grant Term in
conjunction with submission of the Progress Report and in conjunction with the
Final Report.
3. The grantee must submit the required Progress Report/Final Report, and the
Grant Manager must approve the report prior to, or concurrent with submission of
the Grant Payment Request.
4. The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the “Payment Request and
Documentation” section for completed project(s) only.
5. Grant payments will only be made to the grantee. It is the grantee’s
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. Ten percent of each approved Grant Payment Request will be withheld and
retained until all conditions stipulated in the Agreement, including submission and
Grant Manager approval of the Progress and/or Final Report, have been
satisfied.
2017-10-17 Agenda Packet Page 45
TEA Grant Program, FY 2016–17 15
7. CalRecycle will make payments to the grantee as promptly as fiscal procedures
permit. The grantee can typically expect payment approximately 45 days from
the date a Grant Payment Request is approved by the Grant Manager.
PAYMENT REQUEST AND DOCUMENTATION
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
Payment requests must be submitted in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, Grant Management System.
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
Choose Reimburse for the Transaction Type and enter the amount spent
in each budget sub category.
When the transaction is complete, click the Save button.
After the transaction is saved, the Upload Supporting Documentation
button will appear in the lower right corner.
3. Click the Upload Supporting Documentation button.
Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request (including uploading all the documents listed
below).
Supporting Documentation
A. A scanned copy of the Grant Payment Request form. Mail only the original
Grant Payment Request form (CalRecycle 87), with the original signature of
the signatory or his/her designee*, as authorized by grantee’s Resolution,
Letter of Designation, or Letter of Commitment to:
Via standard mail: Via courier/personal delivery:
Department of Resources
Recycling and Recovery
TEA Grant Program
FiRM Branch, 13th Floor
P.O. Box 4025
Sacramento, CA 95812-4025
Department of Resources
Recycling and Recovery
TEA Grant Program
FiRM Branch, 13th Floor
1001 I Street
Sacramento, CA 95814
*A designee may sign on behalf of the grantee if a) authorized by the Resolution
or Letter of Commitment, and b) a Letter of Designation has been provided to the
Grant Manager.
A. TEA Inspection Personnel Expenditure Summary (CalRecycle 767-B) for
reporting inspection related personnel hours.
2017-10-17 Agenda Packet Page 46
TEA Grant Program, FY 2016–17 16
B. TEA Personnel Expenditure Summary (CalRecycle 767)
C. Expenditure Itemization Summary (CalRecycle 736)
D. CalRecycle Inspection Priority Work Plan
E. CalRecycle Waste Tire Field Patrolling Form (CalRecycle 229) for all field
patrolling activities
F. Proof of payment for disposal fees related to small cleanups.
G. Travel Expense Log Form (CalRecycle 246) for hotel, meals, per diem and
other expenses, hotel receipts and other receipts for conference fees, tuition,
etc.
H. Mileage logs
I. Hourly Rate Document
J. Proof of payment is required for any expenditures over $500. Acceptable
proof of payment includes receipts/invoices, cancelled checks or other
documents containing: vendor name, phone number and/or address;
purchase amount and date; and, a description of the goods, services and/or
materials purchased (if the grantee only claimed a portion of an invoice, the
amount billed to the grant should be highlighted).
K. Certificate of completion for non-mandatory training.
All forms listed above can be downloaded from the CalRecycle Grant Forms
website (http://www.calrecycle.ca.gov/Funding/Forms).
PERSONNEL HOURS
Grantees must maintain, and provide if requested, detailed timekeeping records of
personnel hours worked. For each pay period, the employee's timekeeping document
must contain at least the:
Employee name and classification.
Total hours worked and leave taken during the pay period.
Hours worked/leave taken per day.
For each hour worked, a description/listing of the activity/task on which the
employee worked.
Supervision of staff conducting eligible activities constitutes a direct grant cost;
therefore, grantees may claim under each Budget category a direct supervision time
and costs related to that category.
Hourly Rate
Grantees may calculate an actual/loaded hourly rate for each employee that includes
actual salary, wages, shift differentials, and contractual fringe benefits.
PERFORMANCE EVALUATION
The grantee will be evaluated on its effectiveness in fulfilling the procedures and
requirements outlined in this document. Particular focus will be given to the Grantee’s
performance in carrying out its mandatory responsibilities, especially those Inspection
functions and Training activities. The evaluation will be based on program data related
to quality and efficiency as well as eligible activities in all categories, but particularly in
Inspections, Enforcement, and Education.
2017-10-17 Agenda Packet Page 47
TEA Grant Program, FY 2016–17 17
AUDIT CONSIDERATIONS
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
the final payment date or Grant Term end date, whichever is later. A longer period of
records retention may be stipulated in order to complete any action and/or resolution of
all issues which may arise as a result of any litigation, dispute, or audit, whichever is
later.
Examples of audit documentation include, but are not limited to, expenditure ledger,
payroll register entries, time sheets, personnel expenditure summary form, travel
expense log, paid warrants, contracts and change orders, samples of items and
materials developed with grant funds, invoices and/or cancelled checks. Please refer to
the Terms and Conditions (Exhibit A) for more information.
2017-10-17 Agenda Packet Page 48
TEA 24 Inspection Priority Work Plan Instructions
Page 1 of 4
Based on the number of inspections planned, as found in your TEA 24 grant application,
CalRecycle has prepared the attached Inspection Priority Work Plan (work plan) for your
jurisdiction for the TEA 24 grant cycle. All TPIDs on the work plan must be inspected during
the TEA 24 grant performance period unless otherwise authorized by your CalRecycle inspector
liaison. Please refer to the TEA 24 Procedures and Requirements for additional information
about eligible and ineligible inspection-related activities. Contact your assigned CalRecycle
inspector liaison if you have any questions about inspection priorities or any item on your work
plan.
Record and Submit Inspection Data
You will notice that the work plan has three empty columns on the right side. Please fill in the
inspection date, report number, and any necessary comments when you inspect any TPID on the
work plan, and when you add inspections in the Additional Inspections section as described in
each category below. As required by the TEA 24 Procedures and Requirements, when you
submit your mid-year and final TEA 24 Performance Reports, you must also submit a copy of
your updated work plan.
This work plan was created using the most up-to-date information available in CalRecycle’s
Waste Tire Management System (WTMS) on May 31, 2017. It is possible that TPIDs within
your jurisdiction that you have recently inspected have been included on your work plan if the
inspection reports were not in WTMS when the work plan was created. If this happens please
provide the inspection date and report number on the work plan. In most cases an additional
inspection of these facilities during TEA 24 will not be necessary.
Inspection of Work Plan TPIDs
All TPIDs on your work plan must be inspected during the TEA 24 grant performance period
unless otherwise authorized by your CalRecycle inspector liaison. Your work plan has been
prepared to include only active, eligible TPIDs. If you find a TPID has been included on
your work plan that you believe is ineligible based on the TEA 24 Procedures and
Requirements or the information contained below, do not inspect it. If you are unsure
whether or not a TPID should be inspected, contact your CalRecycle inspector liaison prior
to conducting the inspection. If you determine that any TPID is ineligible, include a comment
in the Comments section of your work plan for the TPID stating “Inspection not completed
because TPID belongs to a (ineligible facility type).”
Inspection of Non-Work Plan TPIDs
CalRecycle Inspection Requests
CalRecycle may request that you inspect waste tire locations or investigate alleged
violations that are not on your TEA work plan. When you have completed the requested
inspections, add them to your work plan in the Additional Inspections section and in the
Comments section write "Inspection requested by (requestor’s name) of CalRecycle on
(date)."
2017-10-17 Agenda Packet Page 49
TEA 24 Inspection Priority Work Plan Instructions
Page 2 of 4
Notice of Violation Re-inspections
When you issue a Notice of Violation (NOV), you must re-inspect these TPIDs within 15
days following the compliance deadline date or the extended compliance deadline date, if
applicable. Add these re-inspections to your work plan in the Additional Inspections
section and in the Comments section write "NOV re-inspection for inspection
#(inspection number).”
Inspections in Response to Complaints or Referrals
Grantees may inspect without pre-approval waste tire locations, operations, and issues
you become aware of, or in response to complaints or referrals received from the general
public, or from business and government representatives, involving:
An illegal waste tire facility with 500 or more waste tires.
An illegal waste or used tire hauler.
A tire location that poses an immediate risk or threat to public health and safety,
and/or the environment. (This does not apply to illegal sites that the Grantee
knows CalRecycle is aware of and/or actively pursuing enforcement actions
against).
If the waste tire location does not already have a TPID, obtain a TPID for the site by
contacting the CalRecycle Waste Tire Hotline at 1-866-896-0600 (toll-free). Notify your
CalRecycle inspector liaison within 48 hours following the inspection about your
findings and the circumstances that necessitated an inspection. The inspection reports for
these types of inspections must include a description of the complaint or referral that
necessitated the inspection. Add these inspections to your work plan in the Additional
Inspections section and in the Comments section write "Inspection in response to
complaint/referral of (explanation). CalRecycle inspector liaison (name) notified on
(date)."
Inspections of other non-work plan TPIDs
Within the limits of your approved budget, all other eligible, active TPIDs within your
jurisdiction that are not on your work plan may be inspected as long as all of the work
plan TPIDs will be inspected within the TEA 24 grant performance period. Inspections
of work plan TPIDs are a priority but do not have to be completed before any non-work
plan inspections can be conducted. The scheduling of all TEA 24 inspections is the
responsibility and at the discretion of the TEA in accordance with their individual
organizational structure, business practices, and workflow management. Add non-work
plan inspections to your work plan in the Additional Inspections section.
Failure to complete all work plan inspections may result in your jurisdiction not
being reimbursed for costs associated with the non-work plan inspections.
Do not inspect Small Quantity Generators not included in your work plan
TPIDs listed in WTMS with a single Role/Status designation as “Generator, Small
Quantity” (SQG), as well as TPIDs with SQG and “End Use” Role/Status designations,
2017-10-17 Agenda Packet Page 50
TEA 24 Inspection Priority Work Plan Instructions
Page 3 of 4
that previously have been inspected at least once, may only be inspected if your assigned
CalRecycle liaison has given pre-approval or requested you to perform the inspection.
TPIDs with SQG and “Hauler” Role/Status designations should be inspected as with any
other Hauler TPID and are not restricted by the SQG designation.
Inspections of SQGs included on your work plan as well as inspections of SQGs that
previously have never been inspected are considered pre-approved. Add any non-work
plan, pre-approved SQG inspections to your work plan in the Additional Inspections
section and in the Comments section write either “Inspection of SQG not previously
inspected” or “SQG inspection pre-approved by CalRecycle inspector liaison (name) on
(date).” Contact your CalRecycle inspector liaison to clarify any discrepancies or
questions prior to conducting any SQG inspections.
Failure to obtain pre-approval for SQG inspections not included on your work plan
or not otherwise pre-approved may result in your jurisdiction not being reimbursed
for costs associated with the inspections.
Do not inspect Closed and Inactive TPIDs
TPIDs listed in WTMS with a Business Status of “Closed” or “Inactive” may only be
inspected if your assigned CalRecycle liaison has given pre-approval or requested you to
perform the inspection. The reports for these types of inspections must include a
description of the information received or observed that necessitated the inspection. Add
these inspections to your work plan in the Additional Inspections section and in the
Comments section write "Closed/inactive TPID inspected because (explanation).
Inspection was pre-approved by CalRecycle liaison (name) on (date).” Contact your
CalRecycle inspector liaison to clarify any discrepancies or questions prior to conducting
any inspections of closed or inactive TPIDs.
Failure to obtain pre-approval for inspections of closed/inactive TPIDs may result in
your jurisdiction not being reimbursed for costs associated with the inspections.
Do not inspect Farm/Ranch/Dairy/Ag TPIDs or TPIDs on Tribal Land
Inspections of agricultural TPIDs are the responsibility of CalRecycle and grantees may
only inspect agricultural TPIDs when performing a joint inspection with CalRecycle or if
requested and pre-approved by your CalRecycle inspector liaison. Alternatively, tribal
land falls under federal jurisdiction and waste tire facilities on tribal land are not to be
inspected by CalRecycle or TEA grantees. If you find a TPID has been included on your
work plan that you believe is ineligible based on the above, do not inspect it. Contact
your CalRecycle inspector liaison to clarify any discrepancies or questions prior to
conducting the inspection. If you conduct a pre-approved inspection of one of these types
of facilities, add it to your work plan in the Additional Inspections section and in the
Comments section write "Inspection was pre-approved by CalRecycle inspector liaison
(name) on (date).”
2017-10-17 Agenda Packet Page 51
TEA 24 Inspection Priority Work Plan Instructions
Page 4 of 4
Failure to obtain pre-approval for inspections of farm/ranch/dairy/ag TPIDs or
TPIDs on tribal land may result in your jurisdiction not being reimbursed for costs
associated with the inspections.
Do not inspect Major and Minor Permitted Waste Tire Facilities
Inspections of TPIDs listed in WTMS as being either a major or a minor permitted waste
tire facility are the responsibility of CalRecycle and TEA grantees may only inspect
permitted facilities when performing a joint inspection with CalRecycle. If you find a
TPID has been included on your work plan that you believe is ineligible based on the
above, do not inspect it. Contact your CalRecycle inspector liaison to clarify any
discrepancies or questions prior to conducting the inspection. If you conduct a pre-
approved inspection of a permitted waste tire facility, add it to your work plan in the
Additional Inspections section and in the Comments section write "Inspection was
preapproved by CalRecycle inspector liaison (name) on (date).”
Failure to obtain pre-approval for inspections of major and minor permitted waste
tire facilities may result in your jurisdiction not being reimbursed for costs
associated with the inspections.
2017-10-17 Agenda Packet Page 52
2017-10-17 Agenda Packet Page 53
City of Chula Vista
Staff Report
File#:17-0410, Item#: 3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A CITY
COUNCIL POLICY REGARDING ELECTRONIC SIGNATURE USE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Adoption of the resolution would: 1) establish that electronic signatures are effective on City
documents when certain requirements regarding the security and integrity of electronic signatures
are met; 2) authorize the City Manager to determine the technologies or vendors that satisfy these
requirements, as well as the documents for which the City would accept electronic signatures; and 3)
authorize the City Manager and City Clerk, in consultation with the City Attorney, to develop
administrative policies and procedures to implement the Council policy.
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
An electronic signature is any electronic symbol that represents an individual’s acceptance or
adoption of a statement or transaction. It may be as simple as typing a name or checking a box.
Regulations related to use of electronic signatures have been in place for nearly 20 years. Electronic
signatures that meet certain requirements are recognized as valid and legally binding under the
United States Electronic Signatures in Global and National Commerce (ESIGN) Act, the California
Uniform Electronic Transactions Act (UETA), and California Government Code section 16.5.
Benefits of using electronic signatures include: reduction of paper generation; significant decrease in
time and cost associated with transmitting, approving, and retaining physical documents; as well as
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time and cost associated with transmitting, approving, and retaining physical documents; as well as
creation of an audit trail of the modification, editing, and approval/signing of documents. Analysis
following implementation of electronic signatures in the City of Palo Alto indicated a 70% reduction in
turnaround time for the signing of contracts and a $42 average savings per completed transaction.
In 2016, the City Clerk’s Office coordinated signatures for 397 documents, consisting of agreements,
minutes, resolutions, and ordinances, which generally required one to four signatures per document.
Assuming the parties would have been amenable to signing electronically, and applying an estimated
$35-per-transaction cost reduction, the savings would have been nearly $14,000. Savings includes
hard-dollar costs, such as those associated with mailing, printing, scanning, and physical storage, as
well as productivity gains from reducing the manual processing of paper documents.
A common concern with electronic signatures is the ability to verify the identity of the person affixing
the signature. A variety of options for authentication exist through electronic signature technologies
which require signers to prove their identity before being given access to documents to sign. Staff
has researched various electronic signature platforms that offer a high degree of security and
integrity. Several vendors offer cloud-based document and signature management systems that
feature multi-factor identity verification (e.g. by email and phone), password protection, and/or other
form of identity and signature verification processes, without requiring signers to have specialized
software. Some vendors also offer integration with some of the City’s existing technologies, such as
Laserfiche, the City’s electronic records management system, which magnifies the benefits of
reducing processing time and ensuring appropriate records management.
The proposed policy would allow the City to authorize the use of electronic signatures on City
documents while also allowing it to balance flexibility and security. Specifically, the policy would: 1)
establish that electronic signatures are effective on City documents when certain requirements
regarding the security and integrity of electronic signatures are met; 2) authorize the City Manager to
determine the particular technologies or vendors that satisfy these requirements, as well as the
documents for which the City would accept electronic signatures; and 3) authorize the City Manager
and City Clerk, in consultation with the City Attorney, to develop administrative policies and
procedures to implement the policy.
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 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. Implementing use of
electronic signatures supports the City’s goal of Operational Excellence by reducing paper
generation; decreasing the time and cost associated with transmitting, approving, and retaining
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generation; decreasing the time and cost associated with transmitting, approving, and retaining
physical documents; as well as the creation of an audit trail of the modification, editing, and
approval/signing of documents.
CURRENT YEAR FISCAL IMPACT
The pilot program has an estimated impact of $6,073 during the current fiscal year. Staff is not
requesting an appropriation at this time as funds are included in the FY 2017/2018 budget.
ONGOING FISCAL IMPACT
Should the pilot program be successful and electronic signatures be implemented more widely,
ongoing funding would be identified as part of the regular budget process. Staff anticipates that future
costs would be offset by savings (mailing costs, hourly staff, etc.).
ATTACHMENTS
1. Exhibit 1 - Proposed Council Policy Regarding Electronic Signature Use
Staff Contacts: Kerry Bigelow, City Clerk; David Bilby, Finance Director; Edward Chew, Director of
ITS
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A CITY COUNCIL POLICY
REGARDING ELECTRONIC SIGNATURE USE
WHEREAS, Electronic signatures that meet certain requirements are recognized as valid
and legally binding under the United States Electronic Signatures in Global and National
Commerce (ESIGN) Act, the California Uniform Electronic Transactions Act (UETA), and
California Government Code section 16.5; and
WHEREAS, The use of electronic signatures on legally binding documents has become
increasingly prevalent in the private sector but has yet to find widespread adoption by public
entities; and
WHEREAS, Benefits of using electronic signatures include: reduction of paper generation;
significant decrease in time and cost associated with transmitting, approving, and retaining
physical documents; as well as creation of an audit trail of the modification, editing, and
approval/signing of documents; and
WHEREAS, The City wishes to authorize the use of electronic signatures in certain
situations in accordance with Council Policy No. ____ (Electronic Signature Use), attached hereto
as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby adopts Council Policy No.______ (Electronic Signature Use) to allow for acceptance
of electronic signatures that meet certain requirements, as set forth in Exhibit 1 to this Resolution,
attached and incorporated by this reference.
Presented by Approved as to form by
Kerry K. Bigelow Glen R. Googins
City Clerk City Attorney
2017-10-17 Agenda Packet Page 57
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ELECTRONIC SIGNATURE USE
POLICY
NUMBER EFFECTIVE
DATE PAGE
TBD TBD 1 OF 2
ADOPTED BY: TBD DATED: TBD
AMENDED BY: N/A
BACKGROUND
The use of electronic signatures on legally binding documents has become increasingly prevalent in
the private sector but has yet to find widespread adoption by public entities. Benefits of using
electronic signatures include: reduction of paper generation; significant decrease in time and cost
associated with transmitting, approving, and retaining physical documents; as well as creation of an
audit trail of the modification, editing, and approval/signing of documents.
The United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the
California Uniform Electronic Transactions Act (UETA) require the following four elements for an
electronic signature to be recognized as valid under U.S. and State law:
1. Intent to sign – Electronic signatures, like traditional, handwritten signatures, are valid only if
each party intended to sign.
2. Consent to do business electronically – The parties to the transaction must consent to do
business electronically. Electronic records may be used in transactions with consumers only
when the consumer has:
- Received UETA Consumer Consent Disclosures
- Affirmatively agreed to use electronic records for the transaction
- Has not withdrawn such consent
3. Association of signature with the record – In order to qualify as an electronic signature under
the ESIGN Act and UETA, the system used to capture the transaction must keep an associated
record that reflects the process by which the signature was created, or generate a textual or
graphic statement (which is added to the signed record) proving that it was executed with an
electronic signature.
4. Record retention – U.S. laws on electronic signatures and transactions require that electronic
signature records be capable of retention and accurate reproduction for reference by all parties
or persons entitled to retain the contract or record.
PURPOSE
To enable the City of Chula Vista to use and accept approved electronic signatures, in lieu of written
signatures, that comply with the requirements of California Government Code section 16.5, the
UTEA, the ESIGN Act, and other applicable laws and regulations.
POLICY
Acceptance of electronic signatures.
It is the policy of the City of Chula Vista to encourage the use of electronic signatures in internal and
external activities, documents, and transactions when it is operationally feasible, where technology
permits, and when it is otherwise appropriate in the discretion of the City Manager, in accordance
with provisions that follow.
2017-10-17 Agenda Packet Page 58
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ELECTRONIC SIGNATURE USE
POLICY
NUMBER EFFECTIVE
DATE PAGE
TBD TBD 2 OF 2
ADOPTED BY: TBD DATED: TBD
AMENDED BY: N/A
To the extent permitted by law, the City accepts electronic signatures as legally binding and
equivalent to handwritten signatures to signify an agreement in accordance with applicable laws and
regulations.
The parties to a transaction must agree to conduct the transaction by electronic means with the use of
a City-approved electronic signature method that complies with applicable laws and regulations,
including the capability of all parties to retain and accurately reproduce the electronically signed
document or record.
This policy does not supersede laws that specifically require a handwritten signature, nor does it limit
the right or option of the City to conduct the transaction on paper or in non-electronic form.
Prohibited Uses of Electronic Signatures.
Use of electronic signatures is prohibited in the following situations:
- Transactions for which electronic signatures are not enforceable by law and/or transactions
requiring a handwritten signature, such as transfers of real property.
- Transactions that require a person to sign in the presence of a notary public.
Electronic Signature Methods
The City Manager shall determine acceptable technologies and vendors that are consistent with
industry best practices to ensure the security and integrity of the data and the signatures. The City
Manager shall further determine the documents for which the City will accept electronic signatures.
Administrative Policies and Procedures.
The City Manager and City Clerk, in consultation with the City Attorney, shall have the authority to
develop administrative policies and procedures to the extent necessary to implement the terms of this
policy.
2017-10-17 Agenda Packet Page 59
City of Chula Vista
Staff Report
File#:17-0440, Item#: 4.
A. RESOLUTION OF THE MUNICIPAL FINANCING AUTHORITY OF THE CITY OF CHULA
VISTA SETTING THE DAY AND TIME OF REGULAR MEETINGS PURSUANT TO
GOVERNMENT CODE SECTION 54954(A)
B. RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA
SETTING THE DAY AND TIME OF REGULAR MEETINGS PURSUANT TO GOVERNMENT
CODE SECTION 54954(A)
C. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA SETTING THE DAY AND TIME OF REGULAR MEETINGS
PURSUANT TO GOVERNMENT CODE SECTION 54954(A)
RECOMMENDED ACTION
Authorities and Agency adopt the resolutions.
SUMMARY
Approval of this item will change the regular meeting days for the Municipal Financing Authority and
the Public Financing Authority from the same days and times as regular meetings of the City Council
to the first Tuesday of each month at 5:00 p.m. It will also change the time of regular meetings of the
Successor Agency to the Redevelopment Agency, which are held on the first Tuesday of each month,
from 2:00 p.m. to 5:00 p.m. These changes will result in the regular meetings of these agencies being
held once per month, on the first Tuesday of each month, at 5:00 p.m., which will be concurrent with
a regular City Council meeting.
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.
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File#:17-0440, Item#: 4.
DISCUSSION
On March 15, 2016, the Municipal Financing Authority (MFA) and Public Financing Authority (PFA)
(jointly the “Authorities”) adopted Resolution Nos. MFA 2016-001 and PFA 2016-001, respectively,
establishing their regular meetings on the same day and time of each regular City Council meeting.
The Authorities no longer have need to meet weekly on a regular basis. The proposed resolutions
change the regular meeting day to the first Tuesday of each month. Regular meetings will continue to
be held concurrently with the City Council meeting, beginning at 5:00 p.m.
On February 26, 2013, the Successor Agency to the Redevelopment Agency (“SA”) adopted
Resolution No. SA 2013-014, setting the day and time of regular meetings as the first Tuesday of
each month at 2:00 p.m. (or, immediately following the City Council regular meeting). At that time,
regular meetings of the City Council were held at 2:00 p.m. and were subsequently changed to 5:00
p.m. Adoption of the proposed resolution aligns the time of regular SA meetings with regular City
Council meetings.
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 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. Aligning the start times
of these agencies’ regular meetings and reducing the frequency of regular meetings will help
streamline operations and reduce administrative processing required to cancel regular meetings.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact other than City Staff time to prepare this report.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
None
Staff Contact: Kerry Bigelow, City Clerk
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RESOLUTION NO. 2017-__________
RESOLUTION OF THE MUNICIPAL FINANCING
AUTHORITY OF THE CITY OF CHULA VISTA SETTING
THE DAY AND TIME OF REGULAR MEETINGS
PURSUANT TO GOVERNMENT CODE SECTION 54954(A)
WHEREAS, Government Code section 54954(a) requires that the Municipal Financing
Authority set the time and place of its meetings via resolution adopted in open session; and
WHEREAS, the Municipal Financing Authority currently holds its regular meetings on
the same days and times as regular meetings of the City Council, which are the first four
Tuesdays of the month at 5:00 p.m. in City Council Chambers, 276 Fourth Avenue, Chula Vista,
CA 91910; and
WHEREAS, the Municipal Financing Authority no longer has need to meet four times
per month on a regular basis.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Financing Authority of the
City of Chula Vista, that it sets the day and time of regular meetings as the first Tuesday of each
month at 5:00 p.m.
Presented by Approved as to form by
Kerry K. Bigelow Glen R. Googins
City Clerk City Attorney
2017-10-17 Agenda Packet Page 62
RESOLUTION NO. 2017-__________
RESOLUTION OF THE PUBLIC FINANCING AUTHORITY
OF THE CITY OF CHULA VISTA SETTING THE DAY AND
TIME OF REGULAR MEETINGS PURSUANT TO
GOVERNMENT CODE SECTION 54954(A)
WHEREAS, Government Code section 54954(a) requires that the Municipal Financing
Authority set the time and place of its meetings via resolution adopted in open session; and
WHEREAS, the Public Financing Authority currently holds its regular meetings on the
same days and times as regular meetings of the City Council, which are the first four Tuesdays of
the month at 5:00 p.m. in City Council Chambers, 276 Fourth Avenue, Chula Vista, CA 91910;
and
WHEREAS, the Public Financing Authority no longer has need to meet four times per
month on a regular basis.
NOW, THEREFORE, BE IT RESOLVED by the Public Financing Authority of the
City of Chula Vista, that it sets the day and time of regular meetings as the first Tuesday of each
month at 5:00 p.m.
Presented by Approved as to form by
Kerry K. Bigelow Glen R. Googins
City Clerk City Attorney
2017-10-17 Agenda Packet Page 63
RESOLUTION NO. 2017-__________
RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA SETTING THE DAY AND TIME OF REGULAR
MEETINGS PURSUANT TO GOVERNMENT CODE
SECTION 54954(A)
WHEREAS, Government Code section 54954(a) requires that the Successor Agency to
the Redevelopment Agency set the time and place of its meetings via resolution adopted in open
session; and
WHEREAS, the Successor Agency to the Redevelopment Agency currently holds its
regular meetings on the first Tuesday of the month at 2:00 p.m. in City Council Chambers, 276
Fourth Avenue, Chula Vista, CA 91910; and
WHEREAS, the Successor Agency to the Redevelopment Agency desires to change the
start time of its regular meetings to 5:00 p.m., in order to hold its regular meetings concurrently
with the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the
Redevelopment Agency of the City of Chula Vista, that it sets the day and time of regular
meetings as the first Tuesday of each month at 5:00 p.m.
Presented by Approved as to form by
Kerry K. Bigelow Glen R. Googins
City Clerk City Attorney
2017-10-17 Agenda Packet Page 64
City of Chula Vista
Staff Report
File#:17-0443, Item#: 5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
IMPLEMENTATION AGREEMENT BETWEEN THE CITY AND THE ORGANIZED CRIME DRUG
ENFORCEMENT TASK FORCE TO SUPPORT THE SAN DIEGO REGION STRIKE FORCE AND
APPROVING THE THIRD AMENDMENT TO THE BUILDING LEASE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On July 30, 2010, the Police Department entered into a lease agreement relating to the Federal
Bureau of Investigation’s Organized Crime Drug Enforcement Task Force (OCDETF) for the task
force to occupy office space at a covert location. The City is fully reimbursed by OCDETF for all
lease costs and receives a 3% fee for administering the expenses associated with the rental and
operation of the office space. The current lease expires on October 31, 2017. Staff is requesting
approval of an implementation agreement to extend the existing lease until October 31, 2019 and
approval of the third amendment to the building lease.
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.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The Organized Crime Drug Enforcement Task Force (OCDETF) Program was established in 1982 to
mount a comprehensive attack against organized drug traffickers. This program is the centerpiece of
the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting
and dismantling major drug trafficking organizations, money laundering organizations and related
criminal enterprises. Similar to other regional task forces, the purpose of OCDETF is to combine the
efforts of federal, state, and local law enforcement agencies to collaborate in high profile
investigations.
On July 30, 2010, the Police Department entered into a lease agreement for OCDETF to occupy
office space in San Diego to support operations of the San Diego Region Strike Force.
As the tenant under the lease, the City is fully reimbursed by OCDETF for all costs associated to the
lease. The Police Department currently receives a 3% administrative fee for administering the
City of Chula Vista Printed on 10/12/2017Page 1 of 2
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File#:17-0443, Item#: 5.
lease. The Police Department currently receives a 3% administrative fee for administering the
expenses associated with the rental/operation/maintenance/ renovation of the office space as well as
operational expenses in support of OCDETF investigations.
The current lease for the OCDETF office space expires on October 31, 2017. Staff is requesting
approval of an implementation agreement to extend the existing lease until October 31, 2019. Staff
also is requesting approval of the third amendment of the building lease, titled Third Amendment to
Standard Industrial Net Lease. Along with the two-year extension of the lease, OCDETF agrees to
increase the City’s administrative fee from 3% to 4%.
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 partnership with
Organized Crime Drug Enforcement Task Force supports the goal of Strong and Secure
Neighborhoods by allowing to Police Department to collaborate with other law enforcement agencies
to solve investigations.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will approve the implementation agreement with OCDETF and allow the
City to continue administering the rental and operations of the task force office space. The City is
fully reimbursed for all OCDETF operational expenses and will receive a 4% administrative fee as a
tenant of the office space, instead of 3% previously. Because of the 1% increase effective 10/1/2017,
there is a positive impact of $7,000 to the General Fund in the current fiscal year.
ONGOING FISCAL IMPACT
The ongoing annual cost of OCDETF operations at the office space is approximately $950,000.
These operational costs are fully reimbursed by OCDETF funds, and the City will receive a 4%
administrative fee instead of 3% previously. Because of the 1% increase, there will be a positive
impact of approximately $9,500 to the General Fund each fiscal year.
ATTACHMENTS
Attachment 1: Implementation Agreement with OCDETF
Attachment 2: Third Amendment to Standard Industrial Net Lease
Staff Contact: Jonathan Alegre, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE IMPLEMENTATION
AGREEMENT BETWEEN THE CITY AND THE ORGANIZED
CRIME DRUG ENFORCEMENT TASK FORCE TO SUPPORT
THE SAN DIEGO REGION STRIKE FORCE AND
APPROVING THE THIRD AMENDMENT TO THE BUILDING
LEASE
WHEREAS, on July 30, 2010, the Police Department entered into a lease agreement for
the Federal Bureau of Investigation’s Organized Crime Drug Enforcement Task Force
(OCDETF) to occupy office space in San Diego to support operations of the San Diego Region
Strike Force; and
WHEREAS, as the tenant under the lease, the City is fully reimbursed by OCDETF for
all expenses associated with the rental/operation/maintenance/renovation of the office space and
receives a fee for administering said expenses; and
WHEREAS, the current lease for the OCDETF office space expires on October 31, 2017,
and staff is requesting approval of an implementation agreement with OCDETF to extend the
existing lease until October 31, 2019; and
WHEREAS, staff also is requesting approval of the third amendment to the building
lease, titled Third Amendment to Standard Industrial Net Lease.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the implementation agreement between the City and the Organized Crime
Drug Enforcement Task Force to support the San Diego Region Strike Force, in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
City Manager to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the third amendment to the building lease, in the form presented, with such minor
modifications as may be required or approved by the City Attorney, a copy of which shall be
kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to
execute same.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
2017-10-17 Agenda Packet Page 67
IMPLEMENTATION AGREEMENT
OCDETF]
This IMPLEMENTATION AGREEMENT [OCDETF] ("Agreement") is entered into
effective as of October _, 2017, by and between the CITY OF CHULA VISTA, a chartered
municipal corporation ("City") and the FEDERAL BUREAU OF INVESTIGATION, Organized
Crime Drug Enforcement Task Force ("OCDETF"), San Diego Region Strike Force with
reference to the following facts:
Recitals
A. Since on or about 2010, City and OCDETF have entered into a series of annual
agreements, each entitled "Agreement for the Use of the OCDETF Strike Force/Strategic
Initiative Programs" (collectively, the "OCDETF Agreements") for the administration of the
OCDEJT program, as more particularly described therein ("OCDETF Program").
B. In furtherance of the OCDETF Agreements, at OCDETF's request City entered
into, as "Tenant", a Standard Industrial Net Lease, and the First Amendment and Second
Amendment thereto (collectively, the "Lease") with Collins Business Park TIC ("Landlord") for
that certain industrial/office space located at San Diego, CA
Premises"),
C. While the City is the named "Tenant" under the Lease, the OCDETF is the
occupant and user of the Premises for purposes of administering the OCDETF Program.
D. Pursuant to the OCDETF Agreements, OCDETF agreed to reimburse the City for,
among other things, rental, utility, maintenance, construction, and renovation expenses incurred
by City under the Lease.
E. OCDETF has requested that City continue to serve as the named "Tenant" under
the Lease, and to enter into a 'Third Amendment to extend the term of the Lease ("Third
Amendment") for two additional years from November 1, 2017 through October 31, 2019.
F. As consideration for City potentially agreeing to enter into the Third Amendment,
the City and OCDETF have engaged in discussions regarding entering into a subsequent iteration
of the OCDETF Agreements for fiscal year 2018, from October 1, 2017 to September 30, 2018
FY 2018 Agreement") and for fiscal year 2019, from October 1, 2018 to September 30, 2019
FY 2019 Agreement").
G. OCDETF has indicated to City that its ability to enter into the FY 2018
Agreement and FY 2019 Agreement is subject to the availability of federal funds.
1. City and OCDETF desire to clarify and reduce to writing certain obligations of
the parties for the implementation of the Lease, Third Amendment, proposed FY 2018
Agreement, proposed FY 2019 Agreement, and any other future agreements entered into for the
Page I
2017-10-17 Agenda Packet Page 68
purpose of reimbursing the City for actual costs incurred under the Lease and/or Third
Amendment, on the terms and conditions stated in this Agreement,
NOW, THEREFORE, in consideration of theabove recitals, the terms and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
the parties hereby acknowledge, City and OCDETF hereby agree as follows:
1. LEASE EXTENSION AND FUNDING
In furtherance of the OCDETF Program, City agrees to enter into, as "Tenant",. the Third
Amendment, in substantially the form attached hereto as Exhibit A, thereby extending the
Lease until October 31, 2019. In consideration thereof, OCDETF agrees to reimburse City
for all actual costs incurred by City as "Tenant" under the Lease as amended. Such costs
shall include, without limitation, any costs of compliance with Article 9 and Article 13 of the
Lease.
2. MISCELLANEOUS EXPENSES/ADMINISTRATIVE FEES
OCDETF agrees that the "Miscellaneous Expenses/Admin Fees" to be designated and paid
by OCDETF to City under the FY 2018 Agreement, and proposed for designation and
payment under the FY 2019 Agreement, shall be four percent (4%) of the actual total
operational costs" identified in such agreements for OCDETF Program operations at the
Premises during the term of the Lease.
3. CONTINGENT COST REIMBURSEMENT
To the maximum extent allowed by law, OCDETF agrees to hold harmless City and its
elected officials, appointed officials, agents, and employees ("City Parties") from
incidents/costs arising out of or in connection to its occupancy and use of the Premises and
the obligations under the Lease, as amended. Ihis provision does not include any costs
arising from the sole negligence or willful misconduct of the City Parties.
4. LIMITATIONS BASED ON FUNDING
OCDETF agrees to utilize its best efforts to secure any and all federal funding necessary to
satisfy its obligations under this Agreement. OCDETF will notify City on or before March
21, 2018 whether it expects to secure sufficient federal funds for the upcoming federal fiscal
year (October Ist through September 30th) to satisfy such obligations. If OCDETF notifies
City that it will not be able to secure sufficient funding, OCDETF agrees to utilize all best
efforts to secure funding from alternate sources to satisfy its obligations under this
Agreement, and/or to cooperate with City to cause the early termination of the Lease at no
cost to the City.
5. GENERAL PROVISIONS
5.1 Amendment. This Agreement may be amended, but only in writing signed by all
Parties.
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2017-10-17 Agenda Packet Page 69
5. 2 Assignment. The parties shall not assign any of its rights or responsibilities under
this Agreement, nor any part hereof, without both parties' prior written consent.
5.3 Authority. The persons) executing this Agreement warrant and represent that they
have the authority to execute same on behalf of the respective party and to bind the
respective party to its obligations hereunder.
5.4 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.
5. 5 Entire Agreement. This Agreement together with all exhibits attached hereto and
other agreements expressly referred to herein, constitutes the entire Agreement between the
Patties with respect to the subject matter contained herein. All exhibits referenced herein
shall be attached hereto and are incorporated herein by reference. Other than the related past
and future agreements identified herein, prior or contemporaneous agreements,
understandings, representations, warranties and statements, oral or written, are superseded.
5.6 Further Assmances. 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
cavy out the provisions of this Agreement and the intentions of the parties.
5. 7 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 places of business for each of the designated
parties, or otherwise provided in writing.
End of page. Next page is signature page.)
Page 3
2017-10-17 Agenda Packet Page 70
10/05/2017 14:22 FAX OCDETF 0002/002
SIGNATURE PAGE
IN W11NESS N'i-IERF,OF, by executing this Agreement where indicated below. Cltc and
OCDE I F agree that thev have read and understood all tenor and conditions of the Agreement.
and that they &dly agree and consent to be bound by same.
CITY OF CHULA VISTA,
a chartered municipal corporation
Lav:
Gar\Halibut.
APPROVED AS TO FORM:
BN:
Glen R Googins.
City Attoincv
FEDERAL BUREAU OF INVESTIGATION, SAN DIEGO
Eric S_ Birnbaum
Special iAgent in Charge
ocmEIF,LX cUTNE OFFICE
By: %05/7
Peter Maxev. lixMQiveiBQtdget/Security 011 -icer
i
Paec 4
2017-10-17 Agenda Packet Page 71
THIRD AMENDMENT TO STANDARD INDUSTRIAL NET LEASE
This Third Amendment to Standard Industrial Net Lease ("Third Amendment"), is
executed as of October _, 2017, by and between COLLINS BUSINESS PARK TIC
Landlord"), and THE CITY OF CHULA VISTA, a municipal corporation (" Tenant"), with
reference to the following facts:
RECITALS
A. On or about July 30, 2010, Landlord's predecessor -in -interest and Tenant
entered into a Standard Industrial Net Lease (the "Lease") for the commercial real property
located at San Diego, CA consisting of approximately
18,220 rentable square feet (the "Initial Premises").
B. On or about January 26, 2011, Landlord's predecessor -in -interest and Tenant
entered into a First Amendment to Standard Industrial Net Lease (the "First Amendment"),
which provided, among other things, for an extension of the Lease term, through March 31,
2014, on the terms and conditions stated therein.
C. On or about August 28, 2012, Landlord's predecessor -in -interest and Tenant
entered into a Second Amendment to Standard Industrial Net Lease (the " Second
Amendment"), which provided, among other things, as follows: (i) for an expansion of the Initial
Premises to include approximately 5,795 rentable square feet at
San Diego, CA the "Expansion Premises"); and (ii) for an extension of the Lease term,
through October 31, 2017, on the terms and conditions stated therein.
D. The term "Lease," as used herein, shall refer to the Lease, as amended by the
First Amendment, and Second Amendment, respectively. The term "Premises," as used herein
shall be deemed to refer to the Initial Premises and the Expansion Premises collectively,
consisting of approximately 24,015 rentable square.
E. Landlord subsequently acquired its predecessors' right, title and interest in the
Premises and has assumed its predecessors' obligations under the Lease.
F. Landlord and Tenant desire to amend the Lease on the terms and conditions set
forth herein.
G. Capitalized terms not otherwise defined herein shall have the meanings ascribed
to them in the Lease.
AMENDMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, and for other valuable consideration, the receipt of which is hereby
acknowledged, the Lease is hereby amended as follows:
7. Lease Term. The term of the Lease shall be extended for an additional two (2)
years, commencing on November 1, 2017, and expiring on October 31, 2019 (the "Extended
Lease Term"). The new "Expiration Date" shall be October 31, 2019.
2. Minimum Monthly Rent. The Minimum Monthly Rent for the Premises (as
defined in Section 1.5 of the Lease and subsequently modified by the First Amendment and
Second Amendment) shall be as follows:
November 1, 2017, through October 31, 2018: $37,223.25 per month
November 1, 2018, through October 31, 2019: $38,339.95 per month
Tenant shall be required to pay Operating Costs (Article 6), Maintenance and Repairs
Article 7), Real Property Taxes ( Article 8), Insurance Costs (Article 9), Utilities (Article 10), and
any and all other monetary obligations required to be paid by Tenant under the Lease during the
entire Extended Lease Term.
3. No Other Change. The Lease, together with all Exhibits, and the First
Amendment, Second Amendment, and Third Amendments, constitutes the entire agreement
between Landlord and Tenant pertaining to the Premises, and supersedes all prior agreements,
understandings, negotiations, and discussions, whether oral or written. The Lease, as amended
2017-10-17 Agenda Packet Page 72
by this Third Amendment, may not be further modified or amended except by an instrument in
writing, executed by the party to be charged thereby. Except as specifically set forth in this
Third Amendment, all of the terms and conditions of the Lease shall remain unchanged and in
full force and effect.
4. Brokers. Landlord and Tenant hereby represent and warrant that such parties
have not retained any real estate broker, agent, or finder in connection with the negotiation of
this Third Amendment and each party hereby indemnifies, defends and hold harmless the other
party from and against any brokerage commission or fee claimed by any real estate broker,
agent, or finder based upon the actions or statements of the indemnifying party.
5. Recitals. Recitals A through G above are incorporated herein by this reference
as though set forth in full.
6. Third Amendment Controls. In the event of a dispute arises between the terms
of this Third Amendment and the terms of the Lease, the terms of the Third Amendment shall
control.
7. Authority. Each party acknowledges that (i) he/she/it is legally authorized and
directed to an into this Third Amendment, thereby amending the Lease obligation to which
he/she/it is bound by the provisions of this Third Amendment, and (ii) the person(s) executing
this Third Amendment on his/her/its behalf have been duly authorized and directed to execute
this Third Amendment.
8. Counterparts; E -Mall: Facsimile. This Third Amendment may be executed in
one or more counterparts, all of which shall constitute a single agreement and each of which
shall be deemed an original for all intents and purposes. This Third Amendment may be
executed by e-mail or facsimile of one or more parties delivered to the other parties (or to the
counsel thereto) and the e-mail or facsimile signature(s) shall constitute delivery of this Third
Amendment. A fully executed e-mail or facsimile may constitute an original for all intents and
purposes.
IN WITNESS WHEREOF, this Third Amendment is executed as of the date first above written.
LANDLORD:
COLLINS BUSINESS TIC
Miller Commercial Properties, LLC
a California limited liability company
Its General Partner
By: Grant Matthew Miller 2011
Irrevocable Trust,
Its: Membe
By:
Name: Grant Matthew Miller
Its: Trustee
TENANT:
THE CITY OF CHU LA VISTA, a municipal corporation
By:
Title:
By:
Title:
2017-10-17 Agenda Packet Page 73
City of Chula Vista
Staff Report
File#:17-0460, Item#: 6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
PURCHASE AGREEMENT BETWEEN THE CITY AND NATIONAL AUTO FLEET GROUP INC. IN
THE AMOUNT OF $385,396.46 FOR THE PURCHASE OF FIFTEEN (15) NISSAN LEAF SV
HATCHBACKS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Measure P Expenditure Plan provides for the replacement of failing infrastructure and includes
15 light-duty non-emergency vehicles. The State of California is offering a $10,000 per vehicle rebate
under the Public Fleet Pilot Project program. The Public Fleet Pilot Project limits rebates to no more
than 30 vehicles per calendar year per agency and the deadline for submittal is December 31, 2017.
The City’s rebate request is $150,000 and that is estimated to be 25% of the State rebate remaining
funds which are rapidly depleting. The replacement of the 15 failing vehicles with Nissan Leaf battery
electric vehicles advances City objectives that include reducing both operational costs and
greenhouse gas emissions.
The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize
the City to participate in cooperative bids with other government agencies for the purchase of
materials of common usage, provided that the Purchasing Agent determines that the competitive
process used for the cooperative bid was consistent with good purchasing practices.
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.
City of Chula Vista Printed on 10/12/2017Page 1 of 3
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File#:17-0460, Item#: 6.
DISCUSSION
Chula Vista voters approved Measure P - a temporary, ten-year, half-cent sales tax to fund high
priority infrastructure needs. This Plan focuses on the areas where one-time funds could be used to
address critical deferred maintenance or replacement of city failing assets such as the 15 identified
City vehicles. Approval of the purchase will strengthen the City’s overall financial condition by
avoiding costly emergency repairs or further deterioration of existing failing fleet vehicles.
These 15 failing vehicles have specifications that are compatible with replacement with an EV such
as the Nissan Leaf. These vehicles will be deployed in sections including Senior Volunteer Patrol,
School Resource Officer, Code Enforcement, Construction Inspection, National Pollutant Discharge
Elimination System and Engineering/Civic Center.
The California Public Fleet Pilot Project is a set-aside within the Clean Vehicle Rebate Project that
provides increased incentives for public entities that own and operate vehicles in disadvantaged
communities. The Public Fleet Pilot Project rebate replaces the standard CVRP rebate for eligible
public entities and offers rebates of $10,000 for up to thirty battery-electric vehicles. The City of Chula
Vista is an eligible entity and the acquisitions of these fifteen Nissan Leafs qualify for the rebate. The
anticipated rebate amount of $150,000 reduces the acquisition cost by approximately 39% and
results in a anticipated net impact to Measure P Fund of $235,396.46.
The City will realize a reduction in unleaded fuel use of approximately 3,500 gallons annually to zero
gallons for this subset of vehicles. This reduction provides two benefits, one is in environmental
sustainability and the other is operating cost reduction.
The environmental benefits include a reduction in greenhouse gas emissions such as Carbon
Dioxide. In Fiscal Year 2016/2017 the old vehicles emitted over 55,000 pounds of CO2 into the
environment. Although the Nissan Leaf does not emit CO2 from an internal combustion engine there
are environmental impacts associated with energy used by these vehicles and is quantified as CO2e
or Carbon Dioxide Equivalent. The CO2e impacts of the Nissan Leaf if deployed in Fiscal Year
2016/2017 would have resulted in approximately a 73% reduction or 10,500 pounds of CO2e impact
to the environment. A recently approved project that will provide additional solar capacity to the City
will further reduce our reliance on the power grid resulting even greater environmental and fiscal
benefits.
There is anticipated to be a 65% reduction in operational costs related to fuel/power consumption
when using the Nissan Leafs. The fuel cost savings is estimated at $11,000 - $20,000 per year. The
Nissan Leaf uses 30kWh per 100 miles driven and all 15 would have only used an estimated $2,600
in electricity in one year. Additional savings are anticipated as preventive maintenance costs related
to the internal combustion engine are removed, e.g. oil filters, motor oil and emissions system parts,
etc.
As a member of the National Joint Powers Alliance the City of Chula Vista has an opportunity to
benefit from cooperative contract purchasing that leverages the national purchasing power of more
than 50,000 member agencies. As a municipal national contracting agency, National Joint Powers
Alliance establishes and provides nationally leveraged and competitively solicited purchasing
contracts under the guidance of the Uniform Municipal Contracting Law. Purchasing staff concurs in
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File#:17-0460, Item#: 6.
this assessment.
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
18705.2(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 action supports
the goal of providing Healthy Communities, as having service vehicles in good working condition
allows staff to maintain and operate community and neighborhood facilities.
CURRENT YEAR FISCAL IMPACT
The net total cost including taxes is $385,396.46 before the anticipated State rebate of $150,000 is
applied. Sufficient funds have been budgeted in the Measure P Expenditure Plan adopted by City
Council for this purchase.
ONGOING FISCAL IMPACT
Since these are more efficient replacement vehicles, there is an anticipated savings to General Fund.
ATTACHMENTS
None.
Staff Contact: Steven Knapp, Fleet Manager, Public Works
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PURCHASE AGREEMENT
BETWEEN THE CITY AND NATIONAL AUTO FLEET
GROUP INC. IN THE AMOUNT OF $385,396.46 FOR THE
PURCHASE OF FIFTEEN (15) NISSAN LEAF SV
HATCHBACKS
WHEREAS, the Measure P Expenditure Plan provides for the replacement of failing
infrastructure; and
WHEREAS, of the vehicles identified for Measure P replacement there is a subset of
fifteen (15) light-duty City vehicles that are eligible to be replaced by Nissan Leafs; and
WHEREAS, the State of California is offering a limited time rebate of $10,000 per
electric vehicle purchased through the Public Fleet Pilot Project; and
WHEREAS, the City of Chula Vista is committed to reducing Green House Gas
Emissions in support of the Climate Action Plan; and
WHEREAS, the City of Chula Vista is committed to reducing operational and
maintenance costs within Fleet operations; and
WHEREAS, the City of Chula Vista is a member of the National Joint Powers Alliance
that leverages the national purchasing power of more than 50,000 member agencies; and
WHEREAS, the National Joint Powers Alliance has awarded National Auto Fleet Group
Inc. contract number 120716-NAF for vehicles, cars, vans, SUVs, and light trucks with related
equipment, accessories, and services, in accordance with Purchasing Rules and Regulations; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves a purchase agreement between the City and National Auto Fleet Group Inc. in
the amount of $385,396.46 for the purchase of fifteen (15) Nissan Leaf SV Hatchbacks, in
accordance with the terms and conditions of National Joint Powers Alliance contract number
120716-NAF, and authorizes the Purchasing Agent to issue a purchase order to effectuate the
same.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
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City of Chula Vista
Staff Report
File#:17-0001, Item#: 7.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY’S
INTENTION TO FORM UTILITY UNDERGROUNDING DISTRICTS ON F STREET FROM BAY
BOULEVARD TO BROADWAY (UUD #141) AND ON F STREET FROM BROADWAY TO FOURTH
AVENUE (UUD #142) AND SETTING THE DATE OF THE PUBLIC HEARING FOR NOVEMBER 21,
2017
RECOMMENDED ACTION
Council accept the report and adopt the resolution.
SUMMARY
Since 1995, twenty (20) utility undergrounding projects in the City of Chula Vista have been
completed. The cost for the Utility Undergrounding District on Bay Blvd., which represents the last
district to be completed, has been repaid and the City now has a positive balance in the
undergrounding fund. Staff has prepared a new priority list and recommends other actions that
should be taken to continue the utility undergrounding program.
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
Background
Starting in 1968, developers have been required to install underground electric and communications
utilities in new subdivisions. In 2007, a total of 164.63 miles of streets with existing overhead
electrical distribution lines existed in Chula Vista, predominantly west of I-805. Approximately 36
miles (22 percent) of these streets are eligible for funding through “Rule 20A”, established by the
California Public Utilities Commission (CPUC). The remaining 128.63 miles of residential/local streets
would be eligible for the “Rule 20B or 20C” program, whereby undergrounding costs are paid by the
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would be eligible for the “Rule 20B or 20C” program, whereby undergrounding costs are paid by the
property owners.
In order to underground utilities under “Rule 20A”, the City is required to form Utility Undergrounding
Districts. The City receives an annual allocation credit of $2.0 million (known as “Rule 20A” funds)
from SDG&E that must be spent on undergrounding projects. Typically, when undergrounding
occurs, other utilities on the SDG&E poles coordinate their relocation with SDG&E and install their
facilities in a joint utility trench at no cost to the City.
In 2002 and 2003, public hearings were held to establish six utility undergrounding districts. A
seventh district to underground the high voltage lines along the Bayfront was formed in 2006. Since
then, four of the seven utility undergrounding projects have been completed. The four completed
districts were:
·Quintard Street (UUD #140): Third Avenue to Orange Avenue - $333,277
·Fourth Avenue (UUD #133): L Street to Orange Avenue - $5,976,421
·East L Street (UUD #134): Monserate Avenue to Nacion Avenue - $3,588,864
·Bayfront (UUD #BAYFRONT-1): Sweetwater River to L Street - $20,400,000
Attachment 1 is a summary of the City’s utility undergrounding districts, including initial and
completed costs. Attachment 2 is the current SDG&E “Rule 20A” Conversion Procedure.
Attachment 3 is a copy of the most recent annual accounting from SDG&E on “Rule 20A” fund
allocations for the City of Chula Vista. As of March 31, 2017, the City had a balance of $2,135,221.
The City is allowed to “borrow ahead” five years of funding without interest ($10 Million).
Based on the priority ranking system adopted by Council in December 2011, staff has prepared a
priority list of streets for utility undergrounding, which are included in Attachment 4. This list has
recently been updated to reflect current pavement and traffic conditions.
Recommendations and Future Actions
The City’s consultant (MIG Inc.) has almost completed the F Street Promenade Study, which
envisions F Street as a gateway promenade, connecting the future Bayfront development to the Civic
Center area and downtown Third Avenue. The proposed improvements include bike paths on each
side, landscaping, signage, and other pedestrian enhancements. The undergrounding of utilities on
F Street from Bay Blvd. to the Civic Center parking lot by Fire Station #1 west of Fourth Avenue
would enhance the pedestrian, bikeway, and visual elements along F Street presented in the
Promenade Study.
The pavement in the area west of Broadway is in poor condition and is in need of pavement
rehabilitation. This undergrounding could be done in conjunction with the pavement rehabilitation.
Due to adjacent land uses and proximity to mass transit, F Street from Bay Blvd. to Broadway can
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Due to adjacent land uses and proximity to mass transit, F Street from Bay Blvd. to Broadway can
compete well for regional and State Active Transportation grants. The pavement between Broadway
and Fourth Avenue received an overlay in 2011, so it is still in very good condition.
On June 1, 2017, SDG&E provided City staff with cost estimates for the undergrounding of utilities
along F Street. The current estimated cost provided by SDG&E for undergrounding the utilities from
Bay Blvd. to Broadway ranges from $2.9 million to $3.2 million and is assuming that directional boring
under I-5 would be required. At this time, it is not clear if it will be possible to install the conduit in the
bridge structure crossing the I-5 freeway or if it will be necessary to directionally bore under the
freeway. SDG&E will need to conduct a field inspection of the bridge to determine which scope will
be needed. The current SDG&E estimate for the undergrounding on F Street between Broadway
and Fourth Avenue is $1.5 million to $1.7 million.
On August 22, 2017, City staff participated with SDG&E in a walk-through of the project area, along
with staff from AT&T, Sweetwater Authority and Media 3. The walk-through included identification of
potential SDG&E conflicts with other utilities, consideration of the City’s proposed F Street
Promenade Plan and the Americans with Disabilities Act (ADA) requirements and the properties
along F Street and side streets that would need to be converted from overhead to underground utility
service. Based on the information obtained during the walk-through and from SDG&E, staff has
prepared Boundary Maps for both districts (Attachment 5). The properties that are included obtain
utility service from F Street. There will be no cost to the residents for the undergrounding, since the
cost of undergrounding the service laterals will be included in the District. Right of way acquisition is
not anticipated to be required.
Staff therefore recommends that the City Council adopt a Resolution of Intention to create two new
undergrounding districts on F Street, the first being between Bay Blvd. and Broadway (UUD #141)
and a second from Broadway to Fourth Avenue (UUD #142), as well as prioritizing completion of
these two districts ahead of the other established districts.
After approval of the Resolution of Intention, the following steps will be needed to establish the
districts and proceed with the projects:
·The District will be formed at the Public Hearing. Notices will need to be sent to all property
owners affected by District formation at least 30 days in advance.
·The Capital Improvement Program (CIP) project STM-394 has been established in Fiscal Year
2017-18 for design costs related to the removal of the wood pole-mounted street lights and
their replacement on new concrete standards plus relocation of other City-owned infrastructure
to be done in conjunction with the undergrounding. In a subsequent fiscal year, as part of the
annual CIP adoption process, additional funding will be requested for construction costs
related to signal upgrades, pavement rehabilitation, street lights, and appurtenances.
·SDG&E will prepare and submit the final trench and conduit design to other utilities and staff.
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·SDG&E will prepare and submit the final trench and conduit design to other utilities and staff.
It is estimated that SDG&E will request Joint Trench offers from the other utilities. The design
process is estimated to take one year to complete.
·Prior to construction, staff will obtain Permits to Enter for SDG&E from property owners
located within the District in order to underground their service laterals.
·Utility undergrounding will be coordinated with the relocating of City facilities, the construction
of facilities related to F Street beautification, and pavement rehabilitation.
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 properties which are the subjects 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 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 Utility
Undergrounding program supports the Economic Vitality goal, as it increases the appeal and
marketability of Chula Vista neighborhoods.
CURRENT YEAR FISCAL IMPACT
Passage of this resolution will not have any direct fiscal impact on the City. A total of $100,000 in TransNet for the design
of other public facilities related to undergrounding (such as streetlights) is included in CIP STM394, Local Street Utility
Undergrounding District.
ONGOING FISCAL IMPACT
There will be no direct fiscal impact on the City, since utility undergrounding districts will be financed using 20A funds.
ATTACHMENTS
1. UUD Establishment Data
2. SDG&E 20A Conversion Procedure
3. 2017 20A Conversion Report
4. Undergrounding Priority List
5. Boundary Maps
Staff Contact: Elizabeth Chopp, Senior Civil Engineer
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RESOLUTION NO. 2017-________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE CITY’S INTENTION TO
FORM UTILITY UNDERGROUNDING DISTRICTS ON F
STREET FROM BAY BOULEVARD TO BROADWAY (UUD
#141) AND ON F STREET FROM BROADWAY TO FOURTH
AVENUE (UUD #142) AND SETTING THE DATE OF THE
PUBLIC HEARING FOR NOVEMBER 21, 2017
WHEREAS, since 1995, a total of 20 utility undergrounding projects have been
completed, and the City currently has a positive balance in the utility undergrounding fund; and
WHEREAS, the City’s consultant is finishing up the F Street Promenade Study, which
envisions F Street as a gateway to the City, connecting the future Bayfront development to the
Civic Center area and downtown Third Avenue; and
WHEREAS, the recommended improvements include bike paths, landscaping, and
various pedestrian enhancements. The undergrounding of utilities along F Street would enhance
the beautification of the area; and
WHEREAS, staff recommends forming two undergrounding districts on F Street from
Bay Blvd. to Broadway (UUD # 141) and from Broadway to Fourth Avenue (UUD #142); and
WHEREAS, since pavement and facility renovation is most needed between Bay Blvd.
and Broadway, staff recommends that undergrounding be originally initiated in the portion of F
Street from Bay Blvd. to Broadway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it declares the City’s intention to form Utility Undergrounding Districts on F Street
from Bay Boulevard to Broadway (UUD #141) and on F Street from Broadway to Fourth
Avenue (UUD #142) and sets the date of the public hearing for November 21, 2017.
Presented by Approved as to form by
_______________________________________________________________
William S. Valle Glen R. Googins
Director of Engineering & Capital City Attorney
Projects/ City Engineer
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ATTACHMENT 1
UUD
No.Date Established Resolution No. Street Limits Initial Cost Completed Cost Voltage Length (LF)
121 5/11/1993 R 17110 F Street Church Ave to Second Ave 420,000$ 631,630$ 12 KV 700 LF
122 4/28/1992 R 16605 Fourth Avenue SR54 to E St 2,400,000$ 2,294,182$ 69 KV 3800 LF
123 10/27/1992 R 16846 E Street Broadway to Fourth Ave 2,000,000$ 949,765$ 12 KV 2640 LF
123 10/27/1992 R 16846 E Street Fourth Ave to Toyon Ln Included in above 1,519,480$ 12 KV 4700 LF
126 1/9/1996 R 18177 Main Street Industrial Blvd to Third Ave 1,450,000$ 1,437,578$ 12 KV 5800 LF
127 12/17/1996 R 18530 Palomar Street Interstate 5 to Industrial Blvd 126,150$ 632,856$ 12 KV 1000 LF
128 1/28/2000 R 2000-020 Broadway C St to E St 126,000$ 1,857,836$ 12 KV 2640 LF
129 10/22/1996 R 18467 Otay Lakes Rd. Ridgeback Rd to Apache Dr 616,900$ 712,114$ 12 KV 4200 LF
130 1/11/2000 R 2000-018 Orange Ave Fourth Ave to Palomar St 440,000$ 375,411$ 12 KV 1350 LF
131 1/25/2000 R 2000-027 Fourth Avenue H St to L St 1,000,000$ 3,716,979$ 12 KV 5280 LF
132 12/5/2000 R 2000-447
Bonita Road (east to
City limits) and Otay
Lakes Road
Phase I: Bonita Rd to Camino
del Cerro Grande 2,730,000$ 8,013,153$ 69 KV 5064 LF
Otay Lakes Road Phase II: Camino del Cerro
Grande to Ridgeback Rd 2,100,000$ Included in
above total 69 KV 7000 LF
133 1/22/2002 R 2001-445 Fourth Avenue L Street to Orange Ave 1,150,000$ 5,976,421$ 12 KV 6600 LF
134 12/10/2002 R 2002-509 East L Street Monserate Ave to Nacion Ave 400,000$ 3,588,864$ 12 KV 4430 LF
140 10/22/2002 R2002-402 Quintard Street Third Ave to Orange Ave 280,000$ 333,277$ 12 KV 1100 LF
** 4/25/2006 R2006-123 Bayfront Phase I Sweetwater River to L St 14,000,000$ 20,400,000$ 138 KV 12000 LF
29,239,050$ 52,439,546$
*135 12/10/2002 R 2002-440 L Street Broadway to Third Ave 700,000$ N/A 12 KV 3900 LF
*136 2/18/2003 R 2003-066 J Street Broadway to Hilltop Dr 1,000,000$ N/A 12 KV 4000 LF
*137 2/11/2003 R 2003-011 J Street Hilltop Dr to west of Lori Lane 1,600,000$ N/A 12 KV 7000 LF
3,300,000$
140 N/A R 2017-F Street Bay Blvd to Broadway 3,200,000$ N/A 12 KV 2300 LF
141 N/A R2017-F Street Broadway to Fourth Ave 1,700,000$ N/A 12 KV 2650 LF
4,900,000$
37,439,050$ 52,439,546$ 76204 LF
Date Established is the Council date of the Notice of Intent to form an Assessment District
*Design and construction have not yet commenced.
**On the Bayfront, initial cost was for both Phase I and II and from the MOU.14.433 Miles
J:\Engineer\ADVPLAN\UUDIST\F ST\Agenda Report\Utility Undergrounding Reso rev.doc Sep2017
Completed Projects
Proposed Projects
Proposed New Districts
UUD ESTABLISHMENT DATA
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ATTACHMENT 4: UNDERGROUNDING PRIORITY LIST
UUD #Street Name From To ADT FC Distributi
on Poles
69KV
Transmis
sion
Lines
Length
(Feet)ADT
LOCATION
(10-w/n
0.25mi; 5-w/n
1mi.)
RELATIONSHIPS TO
UD'S
CONCENTRATION
OVERHEAD LINES
ASSOC.
WITH PW
CONS.
ROW &
ROAD IMP
TOTAL
POINTS
F Street**Bay Blvd.Broadway 8283 DP a 2300 10 10 10 5 15 10 n 60
Bay Boulevard E Street F Street 11196 C2 a a 1420 20 10 5 15 0 10 n 60
135 L Street *Broadway Third Avenue 14898 C1 a 3960 20 5 10 5 0 20 n 60
F Street**Broadway Fourth (Fig) Avenue 6229 DP a 2650 10 5 10 5 15 10 n 55
138 East J Street *Melrose Avenue Floyd Avenue 7012 C2,3 a 3260 10 5 5 5 0 20 y 10 55
Bay Boulevard I-5 Freeway SB Ramps Palomar Street 3925 C2 a a 3060 10 10 5 15 0 0 y 10 50
I Street Second Avenue Hilltop Drive 9478 C3 a 2640 10 0 5 5 0 20 y 10 50
Bay Boulevard J Street I-5 Freeway Ramp 3925 C2 a a 3490 10 10 5 15 0 10 n 50
Bay Boulevard F Street G Street 2615 C2 a a 1300 10 10 5 15 0 10 n 50
Fifth Avenue C Street D Street 2224 C2 a a 1320 10 5 0 15 0 20 n 50
Palomar Street Broadway Fifth Avenue 24920 C1 a 1320 25 5 5 5 0 10 n 50
Naples Street Broadway Second Avenue 8219 C2 a a 5280 10 0 5 15 0 10 y 10 50
Melrose Avenue East Rienstra Street Main Street 3039 C2,3 a 5000 10 10 5 5 0 20 n 50
Moss Street Industrial Boulevard Fourth Avenue 6041 C2,3 a 4650 10 0 5 5 20 10 n 50
C Street N Glover (Fourth) Avenue Second Avenue 7915 C2 a 2030 10 5 5 5 0 10 y 10 45
Hilltop Drive East J Street L Street 7975 C2 a 2700 10 5 5 5 0 10 y 10 45
Fifth Avenue I Street L Street 4580 C2 a 3960 10 5 5 5 0 20 n 45
Fifth Avenue D Street H Street 4794 C2 a 5280 10 5 5 5 0 20 n 45
First Avenue I Street L Street 3123 C2 a 3850 10 5 5 5 0 20 n 45
Palomar Street Third Avenue Hilltop Drive 7950 C1 a 3960 15 0 5 5 (10)20 y 10 45
Moss Street Fourth Avenue Third Avenue 7002 C2,3 a 1320 10 0 5 5 0 10 y 10 40
East Oxford Street Melrose Avenue Nacion Avenue 3704 C3 a 1800 10 5 0 5 0 10 y 10 40
Nacion Avenue Quail Place (Street) Princess Manor Court 658 C3 a 1000 10 5 0 5 0 20 n 40
Oleander Avenue Palomar Street Tamarack Street, north of 3679 C3 a 6080 10 5 0 5 0 20 n 40
Bay Boulevard Palomar Street Anita Street 1872 C2 a a 2220 10 10 5 15 0 0 n 40
Industrial Boulevard L Street Main Street 5462 C2 a 7800 10 10 5 5 0 10 n 40
Third Avenue D Street E Street 8320 CB a 1320 10 0 5 5 0 20 n 40
Nacion Avenue L Street East Naples Street 6392 C3 a 3140 10 10 5 5 0 10 n 40
Oleander Avenue Jamul Court Oxford Street 6108 C2,3 a 2080 10 5 0 5 0 20 n 40
I Street I-5 Second Avenue 9478 C2,3 a 7350 10 10 5 5 (10)20 n 40
137 J Street *Broadway Fourth Avenue 11603 C3 a 2660 20 10 5 5 0 0 n 40
Oxford Street Tobias Dr Hilltop Drive 3704 C2 a 650 10 0 0 5 0 10 y 10 35
D Street Broadway Fifth Avenue 3203 C2 a a 1410 10 5 5 15 (10)10 n 35
138 East J Street *Floyd Avenue Lori Lane 7012 C2 a 1000 10 5 5 5 (10)20 n 35
Naples Street & East Naples Street Second Avenue Melrose Avenue 11542 C2 a 5970 20 0 0 5 0 10 n 35
First Avenue E Street H Street 3123 C2 a 3960 10 5 5 5 (10)20 n 35
Melrose Avenue L Street East Quintard Street 3713 C2 a 6340 10 10 0 5 0 10 n 35
Hilltop Drive F Street East J Street 7975 C2 a 5280 10 5 5 5 0 10 n 35
138 East J Street *Hilltop Drive Melrose Avenue 7012 C3 a 3150 10 5 5 5 (10)20 n 35
Bay Boulevard D Street E Street none N/A a a 1320 0 10 5 15 0 0 N/A 30
F Street Second Avenue Hilltop Drive 5054 C2 a 2640 10 0 5 5 0 10 n 30
Utility Poles on Arterials or Collectors RATING POINTS
25<PCI<50 (y/n)
FC=Functional Classification (C1,2 and/or 3=I, II and/or IIICollector; CB=Commercial Boulevard; DP=Downtown Promenade )
UUD=Utility Undergrounding District
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UUD #Street Name From To ADT FC Distributi
on Poles
69KV
Transmis
sion
Lines
Length
(Feet)ADT
LOCATION
(10-w/n
0.25mi; 5-w/n
1mi.)
RELATIONSHIPS TO
UD'S
CONCENTRATION
OVERHEAD LINES
ASSOC.
WITH PW
CONS.
ROW &
ROAD IMP
TOTAL
POINTS
Utility Poles on Arterials or Collectors RATING POINTS
25<PCI<50 (y/n)
G Street Woodlawn Avenue Third Avenue 4271 C2 a 5340 10 5 0 5 10 0 n 30
East Palomar Street Hilltop Drive Nolan Avenue 7126 C1 a 3960 15 0 0 5 (10)20 n 30
137 J Street *Fourth Avenue Hilltop Drive 11603 C3 a 5260 20 5 5 5 (10)0 n 25
Moss Street Third Avenue First Avenue 7002 C2 a 2700 10 0 0 5 0 10 n 25
D Street Fifth Avenue Third Avenue 3203 C2 a 2640 10 5 5 5 (10)10 n 25
Second Avenue Shirley Street, north of L Street 4338 C2 a 12200 10 5 5 5 0 0 n 25
Hilltop Drive L Street Orange Avenue 7975 C1 a 9010 15 5 0 5 (10)10 n 25
K Street (I-5) Colorado Avenue First Avenue 10697 C2 a 8130 20 5 0 5 (10)0 n 20
Oxford Street Fifth Avenue Tobias Dr 3704 C2 a 5900 10 0 5 5 0 0 n 20
East Oxford Street Hilltop Drive Melrose Avenue 3704 C3 a 3170 10 0 0 5 (10)10 n 15
Oxford Street W CDS (Industrial Boulevard)Broadway 8900 C2 a 1820 10 0 0 5 (10)0 n 5
TOTAL 192,050
Note: Does not include alleys or residential streets
* These districts have already been established.
** F Street corridor has full street improvement but are not street improvements proposed in draft F Street Promenade Study. Approval of study anticipated in FY17/18.
Updated:10/10/2017
FC=Functional Classification (C1,2 and/or 3=I, II and/or IIICollector; CB=Commercial Boulevard; DP=Downtown Promenade )
UUD=Utility Undergrounding District
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City of Chula Vista
Staff Report
File#:17-0446, Item#: 8.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN
CONCEPT AN INCENTIVE PACKAGE TO ENTICE AMAZON TO LOCATE ITS PROPOSED NEW
CORPORATE HEADQUARTERS IN CHULA VISTA AND AUTHORIZING AND DIRECTING STAFF
TO NEGOTIATE AND BRING BACK FOR COUNCIL ACTION FINAL AGREEMENTS
IMPLEMENTING SAME
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On September 2, 2017, Amazon released a Request for Proposal (RFP) seeking responsive bids for
a location that could accommodate up to eight (8) million square feet of office for a second
headquarters. The first requirement of the RFP requires a site that can deliver 500,000 square feet
by 2019. The RFP requests that only one (1) proposal be submitted per metropolitan statistical Area
(MSA) which for San Diego includes all of San Diego County. An MSA is a geographical region with a
relatively high population density at its core and close economic ties throughout the area. There are
388 MSA’s in the United States and each MSA has an opportunity to submit one proposal. However,
the RFP indicates that Amazon has a preference for an MSA of at least one (1) million people of
which there are approximately 55 MSAs with one (1) million people and the San Diego MSA ranks 17
th in the Country with a population of approximately 3.3 million. It is staff’s expectation that a large
number of MSAs in the U.S. will submit their one (1) proposal to Amazon, possibly with several
alternatives for Amazon’s consideration. The RFP encourages each MSA to submit their BEST site
that meets or exceeds the needs of Amazon. The representative of the MSA was identified as the
San Diego Regional Economic Development Corporation (SDREDC). The City of Chula Vista is
participating with SDREDC and South County Economic Development Council (SCEDC) on the
vetting of proposed locations being submitted throughout the region for the proposal to Amazon.
The Chula Vista proposal will be competitive with other MSA proposals in the nation. However, our
state and region do not have many of the financial tools available to other parts of the country to offer
incentives to attract employment creating industries. The San Diego MSA will be competing with
MSA’s throughout the U.S. that have an ability to provide significant financial incentives to Amazon.
Chula Vista has a history of creativity when it comes to providing financial incentives and this report
will define the tools that are available locally to provide a compelling incentive package. Staff has
reviewed the other proposals being submitted to SDREDC and have determined that the Chesnut
Millenia Office Park and the City of Chula Vista’s Innovation District property represent the BEST site
(s) for the San Diego Region MSA. The proposed incentive package will allow the Chula Vista site to
be competitive on a national stage.
This report seeks Council’s preliminary approval of the conceptual incentive package so that these
intentions can be included with the City’s submission to Amazon. In order for these incentives to be
realized, staff would return at a later date with definitive agreements, appropriate studies and findings
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realized, staff would return at a later date with definitive agreements, appropriate studies and findings
that are necessary to solidify our commitments.
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 “Project” qualifies for an Exemption pursuant to
Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
On September 2, 2017, Amazon released a Request for Proposal (RFP) seeking responsive
proposals for a location that could accommodate up to eight (8) million square feet of office for a
second headquarters with a requirement that 500,000 square feet be delivered by 2019. Based on
Amazon’s RFP, their direct economic impact to Seattle was $3.7 billion in buildings and infrastructure
(33 buildings at 8.1 million square feet), $1.4 billion in operational costs, $25.7 billion in employee
compensation (40,000+ employees) and generated 233,000 hotel nights in 2016. Amazon estimates
that their activity has created an indirect economic impact of an additional 53,000 employees, $38
billion in additional investments, $17 billion in personal income by non-Amazon employees and
increased the number of Fortune 500 companies from 7 in 2010 to 31 in 2017. The RFP requests
that only one (1) proposal be submitted per metropolitan statistical Area (MSA) which for San Diego
includes all of San Diego County. An MSA is a geographical region with a relatively high population
density at its core and close economic ties throughout the area. There are 388 MSA’s in the United
States and each MSA has an opportunity to submit one proposal. However, the RFP indicates that
Amazon has a preference for an MSA of at least one (1) million people of which there are
approximately 55 MSA’s with one (1) million people and the San Diego MSA ranks 17
th in the
Country with a population of approximately 3.3 million. It is staff’s expectation that every large MSA in
the U.S. will submit their one (1) proposal to Amazon, possibly with several alternatives for Amazon’s
consideration. A second headquarters could mean an additional 100,000 new jobs to the San Diego
region and generate billions of dollars for the entire MSA. The RFP encourages each MSA to submit
their BEST site or sites that meets or exceed the needs of Amazon.
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The following represents the requirements identified in the RFP with a description of how Chula Vista
meets those requirements:
o Phase I - 500,000 square feet by 2019
ü The permitting process is complete and building permits can be issued.
ü Chula Vista can deliver the initial 500,000 square feet by 2019.
ü Site is shovel-ready with appropriate infrastructure.
o Need a site(s) that will accommodate 8 million square feet
ü Chula Vista can accommodate 8 million square feet on two campuses
o Sites in proximity to each other to foster a sense of place and pedestrian friendly.
ü Chula Vista two sites are located within walking distance of each other in a mixed use
suburban/urban environment.
o Commitment to Sustainability
ü Chula Vista has a proven track record starting in 2000 with the County’s first CO2
reduction plan.
ü All buildings will be LEED Platinum.
ü All buildings will be WELL Building Certified.
o Have fiber optic connectivity
ü Chua Vista has fiber connectivity provided by Cox Communication and AT&T.
o Have multiple cellular phone service providers
ü Chula Vista has multiple cell phone providers.
o Diverse population
ü Chula Vista has the most ethnically diverse population in the County.
o Provide a high quality of life for Amazon employees
ü Located immediately adjacent to a new fire station, future public library and new parks
and open space.
ü Located next to outdoor recreational amenities (lakes, rivers, parks, trails, nature
preserves).
ü Brand new housing of all types and scales are being built at the most affordable prices
in San Diego County.
ü Chula Vista has almost 18,000 residential units, yet to built, that could provide housing
for all of Amazon’s employees.
ü We have restaurants, entertainment facilities and an Olympic training site that is open
to the public.
ü K-12 schools surrounding the proposed site are all above the 82nd percentile in average
API scores and new state of the art schools are still being built to accommodate the
growth.
ü San Diego has world class universities located within 30 minutes of the site.
o Logistics to get to major population centers
ü The project site is immediately adjacent to state route 125.
ü The project site is adjacent to the dedicated bus rapid transit system connecting the
Otay Mesa border to downtown San Diego and Lindberg Field.
ü The project site is located within the second largest city in San Diego County.
ü The project site is located immediately adjacent to the City of San Diego with a
population of 1.3 million people.
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ü The project site is opposite traffic for those employees living in central or northern San
Diego.
o Access to international Airports with flights to Seattle, New York, Bay Area and Washington
D.C.
ü Lindberg Field International airport provides daily direct flights to the required airports.
ü In addition, Tijuana Rodriguez International airport provides flights to Mexico, Latin
America, China and Japan.
ü Brown Field provides services for private planes up to the size of a C-130.
o A highly educated work force
ü Chula Vista and San Diego County have a highly educated and talented workforce.
o A stable and consistent business climate
ü Chula Vista together with our partners at SCEDC and SDREDC, provide a region that
collaborates with business to ensure their success.
ü Chula Vista has a proven track record of executing public private partnerships:
§Elite Athletic Training Center (formerly the Olympic Training Center) and Point
Loma Trust;
§Hotel and Convention Center with RIDA development company;
§Numerous pilot study projects for Smart Cities efforts; and,
§Access to companies to test smart city technology, aerial drone vehicle testing
facility, and the USDOT autonomous vehicle testing grounds.
o A total value of Incentives ($410 million)
ü Free innovation District property is estimated today at $100 million.
ü Waiver of Transportation Development Impact Fees totaling $10 million.
ü An amount equal to the property tax received by the City, per phase, for thirty years is
estimated to total $300 million.
ü Processing future Design Review applications within 90 days.
ü Partnering to bring institutions of Higher Education to Amazon (Priceless).
The above represent how the Chula Vista site meets and exceeds all of the requirements of the RFP.
The following is a more thorough description of the proposed project for Amazon.
Chula Vista’s Project Proposal Description
Chesnut properties Millenia Office Park, combined with the City of Chula Vista’s Innovation District
located on the University Campus, offers the best site for the San Diego Region MSA. The Chula
Vista site can accommodate the size requirements of the RFP on two campuses located within
walking distance of each other. The Chula Vista site in Millenia is shovel-ready and can pull building
permits at any time for the initial 500,000 square feet. Amazon indicates that they will, “prioritize
certified or shovel-ready Greenfield sites and infill opportunities with appropriate infrastructure and
ability to meet their timeline and development demands.” One of the criteria for Greenfield sites is
that they are, “pad ready with utility infrastructure and in close proximity to each other to foster a
sense of place and be pedestrian friendly.” In addition Amazon also wants a municipality that is stable
and business friendly, has an ability to attract talent, is a leader in sustainability, energy efficiency,
has fiber connectivity, has multiple cell phone providers, has partnerships with Universities, public
transportation, parks and trails, a diversity of housing and recreational options and is located near an
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international airport. The Chula Vista proposal is located between two (2) international airports (
Tijuana International Airport and San Diego International Airport) and one (1) private airport (Brown
Field Municipal and Freight Airport) which is a unique attribute not found in other parts of the country.
The City of Chula Vista in partnership with Chesnut Properties proposes to deliver a state of the art
facility that is LEED Platinum and WELL Building certified. The Chestnut/Chula Vista facility values
sustainability, energy efficiency and a connection with the open environment. Together with Chesnut
properties, the City of Chula Vista is offering eight (8) million square feet for the second Amazon
Headquarters. The development will be located on two connected campuses. The first campus for
Phases I, II and a portion of III will be located on four contiguous sites that can deliver up to four (4)
million square feet within the Millenia Office campus.Millenia Office is strategically located within the
Millenia Master Plan in Eastern Chula Vista and will be a vibrant walkable community anchored by
food, retail, public parks, hospitality, business, and housing. The remaining portion of Phases III and
the Phase IV facility will be located on an additional eight five (85) acres with a development capacity
of approximately four (4) million square feet. The city property is the innovation district property
located on the University site.
The following is the proposed phasing of the campus and proposed development features.
Phase 1 - Think Campus
3 buildings: 550,000 square feet
Fully delivered by Q3 2019
Phase 2 - Invent Campus
1 building: 1.2 million square feet
Can be delivered as early as 2020
Phase 3 - Discover and Transform Campuses
2 buildings: 2.5 million square feet
Can be delivered as early as 2021
Phase 3 and 4 - City of Chula Vista Owned Land
85 Acres representing 4 million square feet
Can be delivered as early as 2022
Each phase of the Project will contain the following features:
Millenia Office is designed as a true campus style opportunity, where themes of collaboration and
connectivity are infused throughout the architecture and design of the project. Highly efficient large
floor plates increase opportunities for chance encounters that spur on innovation and discovery. We
have taken the theme of connectivity to the next level, by joining buildings together through a series
of outdoor bridges and connectors to allow people to travel horizontally through some of the largest
floor plates currently available in San Diego County.
“Invisible Cars” - Cars will be “hidden” inside subterranean parking structures that are inspired by
naturally occurring geologic formations inside which humans have found protection, wonder and
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resource. Abundant natural light and cool breezes, slots and openings to the sky, intriguing
passageways, with the utmost safety and security are key elements to our design.
Sustainability: LEED V.4 - Target Platinum
The vision for Millenia Office is to create an ecosystem where the workplace and the environment are
mutually celebrated. The first campus, the Think campus, is slated to achieve a LEED Platinum rating
and will become a model for how large-scale facilities can be delivered in a way that seeks to
improve the natural environment and not take away from it.
Wellness: WELL Building Standard - Gold Target
Launched in October 2014 after six years of research and development, the WELL Building Standard
is the premier standard for buildings, interior spaces and communities seeking to implement, validate
and measure features that support and advance human health and wellness. At Millenia Office, we
are targeting a WELL Building certification on all buildings with the goal of cultivating an environment
that encourages creativity, boosts productivity, and ultimately will help you be a healthier person.
Affordability:
Millenia Office is canbe delivered to tenants at below market rates for high performance space. In
addition to affordable space in the campus, there are numerous new housing projects currently being
built and selling at Millenia in the low $400,000s. At that price, employees could own affordable
homes and walk to work.
Proposed Amazon Incentives:
Staff has identified five (5) project related incentives for City Council consideration. The proposed
incentives represent a total package of over $400 million.
Transportation Development Impact Fee Credit ($10 Million)
The Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988
by Ordinance 2251. Since its inception, the program has been updated several times to reflect new
land use approvals, changes to the Circulation Element of the General Plan, and updated project
cost estimates. The TDIF update in 2002 added a provision to the Municipal Code to permit the City,
in its sole discretion, to provide an Economic Incentive Credit (incentive) to developments that
provide the City with long-term economic benefits. The incentive may be used to offset TDIF
obligations for development projects that the City Council deems beneficial to the City.
Economic Incentive Credits are generated when the City secures and applies alternative funding to a
capital improvement project that would otherwise have been funded via TDIF revenues (e.g. grant
funds, discretionary revenues). Subsequent to the most recent TDIF program update (2014), the City
of Chula Vista secured $20 million from the Federal Government for bridge projects that are funded
by the TDIF program. By securing these grant funds, the City now has a unique opportunity to offer
an Economic Incentive Credit to the Chesnut office park development. Staff proposes that the City
Council agree to apply Economic Incentive Credits in-lieu of collecting TDIF fees for the Chesnut
office park project up to a maximum amount of $10 million, which is equal to approximately 3 million
square feet of new office development. The application of Economic Incentive Credits in-lieu of
collecting fees will function like a fee waiver to Chesnut, while ensuring the integrity and legality of
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the TDIF program. Chesnut has agreed to apply this fee “waiver” to Amazon either as a direct cash
subsidy or rent credit. The overall TDIF program will not be affected by the change.
Innovation District ($100 Million)
The University and Innovation District occupies approximately 375 acres of land and is estimated to
be fully entitled by the first quarter of 2018. Part of the University site contains 4 million square feet,
or 85 acres, for innovative companies to occupy. Staff recommends providing the Innovation District
property for Amazon Headquarters Phase III and IV at no cost.
University (Priceless)
The attraction of a multi-institutional binational campus is a unique vision and opportunity for Chula
Vista and Amazon. Staff proposes to offer Amazon the opportunity to partner with the City on our
marketing efforts and in selecting institutions of Higher Education. This partnership would ensure a
pedagogy that trains Amazon’s current and future workforce needs as well as benefit other
companies within the CaliBaja region.
Prime Service
City staff will guarantee processing any discretionary design review for any additional phases (II, III,
IV) of development within 90 days of receipt of a complete application.
Property Tax ($300 Million)
The development of new office space will generate new property tax revenue to the City. The City
receives approximately 13 cents of every property tax dollar paid. The property tax assessed on the
property is equal to one percent of the overall assessed valuation. The first phase of development is
estimated to have an assessed valuation of $300 million dollars, or $600 per foot. The City’s share of
the property tax for the first year would equal approximately $432,000 dollars. This amount would
increase, per Proposition 13, by up to two percent annually. Based on this assessed valuation and an
anticipated two percent annual increase the property tax received for this phase over thirty years
would be approximately $16 million. Staff recommends providing a financial incentive to Amazon
equal to the property tax revenue received by the City for every square foot that is either owned or
occupied by Amazon for a period of time equal to 30 years per phase of development. Assuming
Amazon builds 8 million square feet and the assessed valuation is equal to that stated above,
Amazon could expect to receive approximately $300 million dollars in incentives.
The incentives identified above are derived from the direct economic investment made by Amazon.
These incentives are only provided commensurate with development of square footage to be owned
or occupied by Amazon. This staff reports seeks Council’s preliminary approval of the concepts
provided so that these intentions can be included with the City’s submission to Amazon. In order for
these incentives to be realized, staff would return at a later date with definitive agreements and the
appropriate studies and findings.
The resolution presented tonight would direct and authorize City staff to negotiate with Amazon,
consistent with the conceptual proposal. Prior to committing to a formal incentive proposal, or
entering into final agreements with Amazon, the City will conduct further legal analysis to ensure
compliance with all applicable federal, state, and local laws, including confirming availability of the
proposed incentives and any necessary terms and conditions, identifying any findings necessary to
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support the public assistance offered, and conducting the necessary CEQA analysis.
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 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 ability to obtain
Amazon headquarters supports the Economic Vitality goal.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact by approving the resolution.
ONGOING FISCAL IMPACT
There is no on-going fiscal impact by approving the resolution.
ATTACHMENTS
1.Amazon RFP
2.City proposal
3.Chesnut proposal
Staff Contact: Eric Crockett, Economic Development Director
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING IN CONCEPT AN INCENTIVE
PACKAGE TO ENTICE AMAZON TO LOCATE ITS
PROPOSED NEW CORPORATE HEADQUARTERS IN
CHULA VISTA AND AUTHORIZING AND DIRECTING
STAFF TO NEGOTIATE AND BRING BACK FOR COUNCIL
ACTION FINAL AGREEMENTS IMPLEMENTING SAME
WHEREAS, on September 2, 2017 Amazon released a Request for Proposal (RFP)
seeking locations that could accommodate up to eight million square feet of new office space for
a second headquarters; and,
WHEREAS, the RFP requested a description of the incentives a jurisdiction would be
willing to offer Amazon to locate their headquarters within the jurisdiction; and,
WHEREAS, the City of Chula Vista has the best location in the San Diego metropolitan
statistical area (MSA) for siting Amazon’s second headquarters, in that, the proposed project
sites meet Amazon’s Site Requirements (including proximity to a population center, major
highways and arterial roads, international airports, and mass transit) and Building Requirements
(including square footage needs for Phase I and beyond 2027), as well as a variety of housing,
numerous recreational opportunities, a diverse and talented work force and connectivity between
buildings and facilities; and,
WHEREAS, the RFP requested that each MSA submit one proposal to Amazon and the
San Diego Regional Economic Development Corporation (SDREDC) is the representative for
the San Diego MSA; and
WHEREAS, the City is participating with SDREDC and South County Economic
Development Council on the vetting of proposed locations being submitted throughout the region
for the proposal to Amazon; and
WHEREAS, City staff identified the Chesnut Millenia Office Park and the Innovation
District property as ideal sites for Amazon’s second headquarters; and
WHEREAS, City staff has prepared a conceptual incentive package relative to the two
sites to be included in SDREDC’s regional submittal, and the conceptual incentive package
proposal contemplates:
various incentives to Amazon to realize the positive economic impact their
headquarters would bring to the City; and,
a commitment to processing Design Review applications within 90 days of
receiving a complete application; and
Economic Incentive Credits in lieu of collecting Transportation
Development Impact Fees (TDIF) pursuant to Section 3.54.090 of the
Chula Vista Municipal Code, in an amount up to $10 million dollars; and
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the opportunity for Amazon to build phases III and IV on the Innovation
District property with no compensation for the real estate; and
a partnership between Amazon and the City to attract and select
institutions of higher education that will educate their current and future
workforce; and
an annual payment to Amazon equal to the property tax received by the
City for space owned or occupied by Amazon for thirty years per phase of
development.
WHEREAS,prior to committing to a formal incentive proposal, or entering into final
agreements with Amazon, the City will conduct further legal analysis to ensure compliance with
all applicable federal, state, and local laws, including confirming availability of the proposed
incentives and any necessary terms and conditions, identifying any findings necessary to support
the public assistance offered, and conducting the necessary CEQA analysis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it supports the conceptual incentive package proposal, in the form submitted, and
authorizes it to be submitted to SDREDC for inclusion in the regional submittal to Amazon, on
behalf of the San Diego MSA, to entice Amazon to locate its proposed new corporate
headquarters in Chula Vista.
BE IT FURTHER RESOLVED that, should Amazon select San Diego MSA proposal,
including the City’s conceptual incentive package proposal:
1. City staff is authorized and directed to negotiate with Amazon regarding the
terms and conditions of a final proposal and all agreements necessary to
implement the final proposal; and
2. Prior to entering into any such final agreements, the City will conduct further
legal analysis to ensure compliance with all applicable federal, state, and local
laws, including confirming availability of the proposed incentives and any
necessary terms and conditions, identifying any findings necessary to support
the public assistance offered, and conducting the necessary CEQA analysis
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Economic Development Director City Attorney
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welcome homeAMAZONAMAZON HQ2 CHULA VISTA: SUSTAINABLE INNOVATION
welcome homeAMAZON
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4 Introduction
7 Letter from the Mayor
8 Perfect Climate
10 Amazon’s Smart City HQ2
12 Connected Community
14 Neighborhoods
20 L abor Force
24 STEAM Education
26 Cost of Living
28 Transportation
30 Quality of Life
32 Active, Healthy Lifestyles
34 Proposed Site
46 Our Future Together
CONTENTSTABLE OF
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Photo taken by Chula Vista resident Ed Banaña − “Kayaks on the Otay Lakes shore at sunrise,” March 2016
WITH THE NEW DAY
− ELEANOR ROOSEVELT
COMES NEW STRENGTHAND NEW THOUGHTS Every day in Chula Vista is better than the last. We are all about the future! As the sun rises over Chula Vista, the kayaks are ready to hit
the water, the smell of “cafe de olla” hits the downtown streets and the
city stretches into a new day bursting with excitement. The vibrant,
diverse streets of Chula Vista contrast the landscape of the adjoining
nature preserve, and modern homes and businesses stretch out to
the waves of the Pacific Ocean.
It’s easy to see where Chula Vista gets its name. In Spanish, the word
“Chula” means beautiful. In this city, there is beauty, connection
and promise of the future around every turn − from a child’s wide
eyes engaging nature at The Living Coast Discovery Center within
the Sweetwater National Wildlife Refuge to the celebrations at local
restaurants and live music venues − #THISisChula
#THISis Chula
Chula Vista is located at the center of one of the richest cultural, economic and environmentally diverse zones known as the CaliBaja mega region with 6 million people.
As the second largest city in the San Diego MSA (population of 3.5 million), Chula Vista residents enjoy outstanding public schools and a national standing as one of the safest large cities in the country.
Chula Vista boasts more than 50 square miles of coastal landscape, canyons, rolling hills, mountains, quality parks and miles of trails. The City is a leader in sustainability, conservation and renewable energy.
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6 7
Photo taken by Chula Vista resident Adrian Mora − “Chula Vista City Hall,” August 2015
September 25, 2017
Welcome home Amazon!
We have spent the last 30 years putting the planning in place that will accommodate your future home.
Our city is a leader in sustainability which started with the adoption of our first Climate Action Plan in 2000,
being recognized in 2014 by the Environmental Protection Agency with a Climate Leadership Award and in
2015 at the United Nations Conference of Parties (COP21) in Paris. We now are striving to become a Smart
City leader that embraces the Internet of Things and provides a higher level of service to our community.
You will instantly recognize Amazon ideals in Chula Vista because we are customer-focused; our customers
just happen to be our residents and businesses. We embrace research and invention, evidenced by our
role as one of 10 proving grounds for autonomous vehicles as well as providing a site for the region’s UAVs
to test on our 375-acre university property. In 2018, we will begin our pursuit for a new four-year multi-
institutional, binational university campus that will provide a pedagogy that supports industry. We dream
of a university that is integrated with industry so much so that classes could be held on the second floor
while industry and internships are happening on the third, fourth and fifth floors. We want a university that
prepares students to enter the workforce the day they graduate, regardless of what country they come
from.
Chula Vista is proud to be the most ethnically diverse community in San Diego, a tremendous asset that
makes us the choice location for entrepreneurs. We share your culture of innovation and an eagerness to
invent and pioneer.
The seeds are planted and the infrastructure is in place with zoning that will allow you to grow to 8 million
square feet. We can deliver Phase I (500,000+ square feet) by 2019 and additional phases by 2020. As
you grow, the housing and community around Amazon HQ2 Chula Vista will also grow, providing every
employee an opportunity to live within walking and biking distance of their offices and amenities. We have
the property and vision to secure a new four-year multi-institutional binational university campus, with your
partnership, that will educate your current and future workforce.
This is an opportunity unlike anywhere in the country for you to develop an Amazon Village that embraces
your corporate culture of innovation, passion, intelligence and creativity. Chula Vista is the only place
where you can immediately develop Amazon Village for your employees to live, work and play adjacent to
your new HQ2 and the university you help create.
We are excited to have you become a part of our community.
Sincerely,
Chula Vista Mayor Mary Casillas Salas with (left
to right) Councilmembers Mike Diaz, Patricia
Aguilar, John McCann and Stephen C. Padilla.
We share your culture of innovation and an eagerness to invent and pioneer.Mayor Mary Casillas Salas
OFFICE OF THE MAYOR
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98
70 miles of Pacific
coastline to explore!
Photo taken by Chula Vista resident Adrian Mora − “La Jolla Tide Pools,” October 22, 2014
FOR INNOVATION
Southern California has always been a dream destination, with a 72°F / 22°C average daily temperature in a mild Mediterranean climate that attracts leading talent from all corners of the world. As the second largest city in San Diego County, Chula Vista is a unique Southern California community located at the center of one of the most economically, culturally and environmentally diverse regions in the United States. With a population of over 267,000 diverse residents, Chula Vista offers more than 50 square miles of coastal landscape, canyons, rolling hills, mountains, lakes and quality infrastructure minutes away from two international airports. The City is located just seven miles from downtown San Diego and is even closer to Tijuana, the busiest land border crossing in the world. Chula Vista is at the epicenter of this international mega-region, served by interstates 5 and 805 and state routes 125 and 54.
Collaboration with our neighbors to the south in Mexico, as well as with the educational institutions and businesses that contribute to a shared success, have created a business climate that is expected to realize a 50 percent increase in Chula Vista employment by 2050. These investments will create a fully planned community offering more than 18,000 residential units, 15 million square feet of commercial/office space and 375 acres for an Innovation District that exceeds Amazon’s stated needs for HQ2.
CHULA VISTA IS A DYNAMIC, GROWING, INTERNATIONAL REGION.
Sustainability. Chula Vista is widely recognized as a leader in sustainability, innovation and education as it celebrates the use of technology to deliver enhanced levels of service to the community. Visionary. In August 2017 the City of Chula Vista was named a “Top 3 Smart City in North America” by Enterprise IoT Insights, which recognized the City’s long-range planning and public private partnerships.
Business-Friendly International Hub. Chula Vista will create thousands of new jobs, establish new public parks and remain committed to preserving the environment as it supports massive expansion plans to build a convention center, bayfront development and university. Over the next 30 years, Chula Vista will continue to serve as a significant employment hub for the larger CaliBaja mega-region that encompasses over six million people and 2.1 million jobs, with a combined GDP of $230 billion. Chula Vista’s business-friendly culture is appreciated by companies growing in this unique binational region.
Educated Workforce. Located in the most patent intense region in the United States – and third worldwide – Chula Vista’s position as the second largest city in San Diego County provides access to the highest concentration of life sciences lab space in the nation. Our educated workforce gained 72,000 degree holders in 2014 alone, more than any other major metro area in the country.
Engineering Talent. Amazon will help to select and shape the world’s first binational university near its HQ2 and in a region that already includes more than 80 research institutes in world-class universities. The University of California, San Diego (UC San Diego) computer science program ranks in the top ten worldwide and the nationally recognized Fowler School of Business at San Diego State University is ranked among the top 10 public business schools in the nation by U.S. News & World Report.
Incomparable Quality of Life. A 2017 WalletHub study ranked Chula Vista among the top 11 HAPPIEST CITIES IN THE U.S. out of 150 most populous cities and national FBI data ranks Chula Vista as the Top 10 Safest Large City in the United States.
Perfect ClimateTHE
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1110
y
Photo taken by Chula Vista resident Morgan Liberatore − “Otay Lakes Reservoir,” September 1, 2017
HQ2SmartCity
Chula Vista recognizes that its role as a Smart City is a continual work in progress—a process that we embrace and are proud to be continually refining for future generations. A cornerstone of our Smart City efforts is sustainability. For over two decades, our city has been a leader in implementing sustainability programs. We were the first city in the region to retrofit all 9,000 City streetlights to LED. More recently, Chula Vista was one of just 10 cities in the nation selected for Envision America 2017. We cultivate Smart City skills and values, with more than 4,000 local sixth graders taking coding classes each year at the “Innovation Station” maker space and community STEAM lab that our library created in partnership with global technology leader Qualcomm® and its Thinkabit Lab™.
In 2016, Chula Vista was honored with the White House designation as a Smart Cities Initiative “Better Communities Alliance” to tackle energy and climate challenges. That same year, Chula Vista residents voted to make a major investment in City infrastructure by approving Measure P, a temporary tax that will raise $178 million over 10 years. More than $7 million of the Measure P Expenditure Plan is designated for traffic signal modernization to be remotely controlled and optimized through a traffic management center to reduce time in vehicles for everyone. Our waste management pilot project also uses sensors on City bus stop trash cans to track waste generation patterns and optimization of collection.
Chula Vista is implementing more exciting pilot programs that strengthen our Smart City to serve as a model for communities worldwide.
The landmark Gateway Center in downtown Chula Vista was
transformed using a solar energy investment from Ygrene Energy
Fund using the Clean Energy Chula Vista Property Assessed
Clean Energy (PACE) program. The five-story business center has
installed 1,054 solar panels (15 inverters) generating 344.6 KW.
AMAZON’S
Energy
Energy efficient smart devices have been implemented citywide and apply data analytics and software to revamp the City’s critical infrastructure such as lighting, garbage collection, Wi-Fi and other services.
The buildings planned for the City’s bayfront development − one of the largest fully-entitled waterfront developments on the West Coast − will perform at least 15 percent better than state standards.
Transportation
In early 2017, the City unveiled plans to implement an autonomous driving shuttle bus on a path from the downtown area to the bayfront to transport visitors. The City also plans to use new, upgraded street lights with sensors to collect information that can be shared to improve self-driving vehicle safety. The City of Chula Vista, as part of a joint proposal with Caltrans and SANDAG, has been designated by the USDOT as one of 10 Autonomous Vehicle Proving Grounds (AVPG) across the United States.
Public Private Partnerships
Our Smart City initiatives are already underway with partners like Qualcomm®, Cisco, AT&T, Cox, M3 and Cleantech San Diego for programs that include public kiosks, smart lighting, smart parking, vehicle automation and electrification of vehicles. The City is currently executing a successful P3 (Public Private Partnership) for the multi-billion dollar Chula Vista Bayfront Master Plan and development of a 1,500-room resort and 400,000-square-foot convention center.
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ConnectedCOMMUNITY
Chula Vista enjoys 10gb fiber connectivity
Verizon coverage score
84%T-Mobile coverage score
82%AT&T coverage score
64%Sprint coverage score
96%
5G expected to become available in 2019
Cellular Coverage Scores
The City enjoys 10gb fiber connectivity coverage from Cox Communications, which is one of three Chula Vista Internet Service Providers. This fiber-optic network will support vehicle-to-infrastructure communications systems, microgrid and distributed energy systems.
Chula Vista is a pioneer in embracing technology and deploying mobile apps. Our City has been an Amazon client since 2015 and we will continue to embrace Amazon technology and services as a way to better serve our community and extend our tax dollars. We were the first in the nation to pilot Nixle technology in collaboration with the software developer in 2008. We continue to refine Nixle’s use as a tool to inform users in targeted neighborhoods about heavy traffic, detours, closures, emergency alerts and other urgent matters. The City is also exploring smart parking apps that allow citizens to track City expenditures on budget items and integrating traffic management data into existing navigation apps like Google Maps or Waze.
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Apartments for rent at
Millenia offer a resort-like lifestyle where the vacation
never ends. These 1-, 2-,
and 3-bedroom apartment communities boast high-end
design, pools and fitness
centers, modern interiors
and more. Go shopping, play
at the park or meet friends
for happy hour at the corner
bistro − it’s all within walking
distance from your apartment.
Millenia is surrounded by great neighborhoods and Otay Ranch Town Center, so you’re within walking distance of additional grocery stores, banks, dry cleaners and more.
Millenia communities are just minutes away from fishing at Lower Otay Lake, outdoor concerts at Mattress Firm
Amphitheater, top-notch recreation, a U.S. Olympic Training site,
Otay Mesa, the new cross-border terminal and easy freeway access. You’ll be a short drive from downtown San Diego, the
San Diego Bay, the Otay Ranch Preserve and much more.
Otay Ranch is a 23,000-acre community of 11 urban villages with approximately 27,000 dwelling units that are clustered around a central gathering space. A range of transportation alternatives are at the heart of Otay Ranch, most notably mass transit and pedestrian-oriented mobility. The village cores also provide amenities such as commercial, parks and schools within a short walking distance from the residences. In addition, the Millenia development will contain a variety of office, commercial and high-density residential uses.
The Eastlake Community is a 3,200-acre master planned community that includes residential, retail/commercial and industrial/office areas with recreational areas throughout. More than 1,100 acres of parks, recreation and open space are available in Eastlake.
gNeighborhoods Mixed use lofts and rental apartment s create Millenia’s Main Street. This 309-unit
community will include a
signature restaurant, gym, dog
wash and shops along
the street.
Affordable housing is provided
via a 200-unit development that accommodates seniors and
low income families in beautiful
apartments adjacent to the Bus Rapid Transit and a park.
IN THE MIDDLE OF IT ALL
No matter where you live
in Chula Vista, you’re within easy walking distance
to parks, promenades,
shops, restaurants and the local market.
Chula Vista’s various
neighborhoods offer a unique lifestyle experience
with distinct character and
conveniences.
Otay Ranch is the largest master planned community in Chula Vista and one of the largest in California.
2017-10-17 Agenda Packet Page 120
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11 Urban villages east of the
I-805 contain approximately 27,000 dwelling units and
support commercial and
community facilities.
Otay Ranch has grown into a vibrant community that combines
the best of old-style neighborhoods with the latest in
community design. Today, residents enjoy pedestrian parks,
strolling and biking along the extensive network of trails,
paseos and promenade streets and meeting friends at the Otay
Ranch Town Center.
Single family and apartment homes make the 530-acre Heritage village a lively community. 1,565 single-family homes and 1,134 apartment homes nestle around a village core that creates a genuine community.
Hotels for long and short
stays include the Marriot
Residence Inn, a new hotel
featuring 148 spacious suites equipped with full
kitchens. Amenities include
complimentary breakfast, internet and parking. The
on-site fire pit, pool, sports
court, and fitness center allows guests to feel right
at home. A 135-guestroom
Ayers Hotel will open in 2018.
Family friendly master planned
neighborhoods in Montecito are
designed to blend the best of
urban and suburban living. Plans for the village’s bustling core
feature a traditional town square,
an elementary school, two city parks, a private swim club as
well as a convenient commercial
center. Three pedestrian parks are positioned throughout the
village, giving residents an easy
walk to recreation and relaxation
facilities.
Millenia is a completely walkable community in Chula Vista,
thanks to a grid of tree-lined pedestrian avenues. Meander
through parks, promenades, gathering areas and inviting gardens
as you make your way around the districts, or walk to Otay Ranch
Town Center across the street.
PEDESTRIAN PARADISE
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Photo taken by Chula Vista resident Adrian Mora − “Hole 12 Eastlake Golf Course,” Summer 2015
Eastlake has been named “Best New Home Community in San Diego” by the San Diego Union-Tribune Readers Poll.
Sitting on a hill overlooking the community of Eastlake Vistas and the San Ysidro mountains to the east is the master-planned community of Eastlake Trails. Residents are within walking distance of Creekside Park, which includes a 5,000-square-foot swimming pool with a uniquely designed 2,000-square-foot attached children’s pool, spa, restroom facilities, large outdoor entertaining patio with barbecue and separate kitchen facilities, with an inviting hacienda-style clubhouse. The park also includes a 2-acre fish-stocked pond surrounded by walking trails.
Golf course views at Eastlake Greens
are just one of the unique elements
of this Eastlake master development
where the homes surround an 18 hole
award winning golf course designed by
world-renowned architect Ted Robison.
Residents have exclusive use of three
parks maintained by the community
association: Augusta Park, Country Club
Park and Dolphin Beach. Country Club
Park houses the community meeting
room, a tennis complex and junior
Olympic-size pool. Dolphin Beach
features a 4,900-square-foot swimming
pool with a sandy beach access.
Gated community estates at The Woods are known for
spectacular views that overlook the Otay Lakes. This Eastlake
gated community is a Chula Vista enclave with custom built
homes and a spectacular clubhouse. Located minutes from the
U.S. Olympic Training Site, Salt Creek Golf Course and Otay
Ranch Town Center.
Cul-de-sac homes in Rolling
Hills Ranch are just minutes
away from the Montevalle
Community Center, Salt
Creek Golf Course, Eastlake
Business Park and the SR 125.
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The majority of the Chula Vista
workforce is employed in
industries requiring technical
skills and advanced education
with the number of residents
in management, professional
and technical occupations
steadily increasing.
− 2015 Labor Market Profile,Chabin Concepts
DiverseTALENTED
LABOR FORCE
Key Sector Employment
Health and Social Assistance
Retail
Public Administration
Manufacturing
16,667
13,167
10,674
8,794
80.9%60.9%
Post Secondary/Bachelor’s/Advanced Degrees
High School Graduates
51.5%Multilingual
2017-10-17 Agenda Packet Page 123
2322
80%
70%
60%
50%
40%
30%
20%
10%
White Black Asian Other 2 or more races (and some Other)
Hispanic (of any race)
Population by Ethnicity
Chula VistaU.S.San Diego County
3 out of 10 Chula Vista residents are foreign-born
58.2% of Chula Vistans are of
Hispanic or Latino origin vs San
Diego County at 32%
Approximately 35
languages are spoken
in Chula Vista
Chula Vista maintains a highly diverse population in comparison to the United States and San Diego County
Source: 2015 Labor Market Profile, Chabin Concepts
51.5% of Chula
Vista residents are
multilingual
2017-10-17 Agenda Packet Page 124
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Elementary Schools: 88th percentile
Middle Schools: 87th percentile
High Schools: 82nd percentile
Source: California Department of Education, www.cde.ca.gov
The new economy requires students and workers with STEAM knowledge and
skills, which Chula Vista has invested in to provide our community an advantage.
Our City’s mission is to help foster an informed and talented workforce. Our school
and community programs empower children, teens and adults to understand
complex problems and to create innovative solutions to solve them.
In 2017, the Chula Vista Public Library was selected as a NASA@ My Library partner,
offering exciting, hands-on programs to build and explore robotics, engineering,
3D design, science experiments, computer coding and more. Our main City Library
launched the “Innovation Station” maker space for robotics, engineering, 3D
design and coding. Programming at this STEAM lab was created in collaboration
with Microsoft and Qualcomm®, whose leaders explained in a recent video: “This
is really a win-win because we would like to hire these students one day in the
future!” www.chulavistaca.gov/innovationstation
“San Diego County ranks 9th in top college towns in the United States.”
STEAMFUTURE FOCUSED
EDUCATION
− American Institute for Economic Research, 2015
Sweetwater Union High School District (Grades 7-12)
• Serves 41,000 students and 24,000 adult students on 32 campuses, of which 19 are located in Chula Vista.
• The District was among the top 13 percent of nearly 20,000 eligible schools in the United States (U.S. News & World Report).
• 10 of the 12 comprehensive high schools are California Distinguished Schools medal winners.
Chula Vista Elementary School District (Grades K-6)
• Serves 28,500 students on 46 campuses.
• Campuses have been recognized by the California Business for Education Excellence Honor Roll.
• All district campuses achieved testing index scores greater than the state’s target.
• Nine schools were recognized as California Distinguished Schools.
• Four schools were honored for excellence by the National Center for Urban School Transformation.
The Otay Ranch neighborhood offers 12 K-6 schools, four middle schools and five high schools with the following average API scores:
2017-10-17 Agenda Packet Page 125
2726
Cost of Living Index for San Diego County
(U.S. Average = 100)*Index includes housing, electricity, food and transportation. Source: Bestplaces.net
Source: Zillow
350
300
250
200
150
100
50
0
297.6 288.3
254.9
223.8
197.6 180.6 163.7 156.6 150.8 147.7
Del Mar Coronado Solana
Beach
Encinitas Carlsbad Poway San Diego La Mesa Vista Chula
Vista
$120,000
$110,000
$100,000
$90,000
$80,000
$70,000
$60,000
$50,000
0
$113,973
$103,127
$88,704
91914 91915 91913
Median Income by Zip Code of Proposed Amazon HQ2 Chula Vista
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
0
$745,800
$634,000
$542,500
$491,600 $475,000
Carlsbad Poway San Diego La Mesa Chula Vista
Housing Median Prices
Source: SANDAG, Current Estimates, www.sandag.org
Living
The three major advantages for Chula Vista residents include a lower cost of living and lower housing median
prices than the average in San Diego County cities (18 cities), with Chula Vista residents earning a higher median
household income than the average Californian and U.S. resident.
LivingCOST OF
2017-10-17 Agenda Packet Page 126
2928
HQ2
TransportationLOCAL TO GLOBAL
CONNECTIONS
San Diego International Airport (Lindbergh Field)
Tijuana International Airport and Cross Border Xpress (CBX)
Bus Rapid Transit (BRT)Brown Field Municipal Airport
Just 22 miles from Amazon HQ2 Chula Vista, the San Diego International Airport serves over 48,000 travelers daily via 465 flights. Direct flights to Seattle, New York, San Francisco / Bay Area and Washington, D.C. are just a few of the locations that over 20 million passengers enjoy each year from state-of-the-art terminals.
This airport is just 6.6 miles from Amazon HQ2 Chula Vista and is open 24/7 catering to private, corporate, charter, air ambulance, law enforcement, fire rescue, flight training, cargo, skydiving, advertising and airships. The Brown Field air strip can land aircraft up to the size of a C-130 military transport plane.
Serving over 10 million passengers per year, this international airport is less than 10 miles from Amazon HQ2 Chula Vista and offers direct flights to Latin America, China and Japan. A $120 million investment provided the Cross Border Express (CBX), which in 2015 established the first binational airport in the world via a cross-border access bridge connecting to an express terminal that offers over 360 flights per day. The CBX terminal allows passengers minimal check-in times and is a tremendous asset for Chula Vista and San Diego.
The new BRT route will connect Amazon HQ2 and residential areas with major business and leisure destinations. Amazon employees will be just 30 minutes from the San Diego International Airport and 20 minutes from the Cross Border Xpress at the Tijuana International Airport. Service will be provided from the Otay Mesa Port of Entry to Downtown San Diego through Chula Vista with a dedicated guideway for BRT along the interstate 805 freeway to the state route 94.
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Chula Vista-based NOVO Brazil Brewing Company
won a bronze medal at the 2016 World Beer Cup for its Corvo Negro brew in a competition of 2,000
breweries from 63 countries with more than 6,500
total entries!
LovingLoving LIFE
Chula Vista offers endless entertainment and
enrichment opportunities, from an outdoor amphitheater that seats 20,000 concert-
goers to enjoying the Pacific ocean by sailing
out of the Chula Vista marina or joining
thrill-seekers of all ages at the Aquatica
water park.
Delicious restaurants can be found throughout Chula Vista, along with art festivals, the On Stage Playhouse, recreation classes, sports leagues
and shopping for all tastes. There are weekly Farmer’s Markets, the Annual Lemon Festival, Harborfest on the Bayfront and Starlight Parade,
enjoyed by tens of thousands of Chula Vista residents and visitors every year. More recently, the Amps & Ales event has emerged to celebrate
the City’s outstanding craft beer and our exciting local music scene − a perfect combination for a community that rocks!
The San Diego Gaslamp Quarter and diverse beaches are just a short drive away, and Baja California’s burgeoning Guadalupe Wine Valley is an exciting culinary adventure, described by the New York Times in April 2017 as “An Unexpected Wine Sanctuary.”
Photo taken by Chula Vista resident John T.
Taylor − “Drone over Aquatica,” March 2017
Photo taken by Chula Vista resident Ernesto Rivera −
“J Street Marina at sunset,” May 2017
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Otay
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NORTH
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PALOMAR
0 0.25 0.5 Miles Access Time
Walk 5-minute
Bike 5-minute
Drive 5-minute
Parks and Open SpaceBikeways 2020
Multi-Use Path
Bike Lane
Bike Route
Transit Stops 2020
MapLocation
La Mesa
NationalCity
San Diego
ChulaVista
Poway
Santee
Encinitas
El Cajon
Coronado
Solana Beach
Del Mar
0 3 6 Miles
Transit Routes 2020
Rapid Transit
Local Bus
Rapid
Neighborhood Electric Vehicle(NEV) Routes
Existing Regional Paths
Future Regional Paths
y,Active, HealthyOPEN SPACE FOR
LIFESTYLES
HQ2
Open space and sustainability are at the heart of
Chula Vista with an 11,375 acre ecological preserve
and more than 60 well-maintained parks offering so
many locations to unwind and recharge. Nature, an
active lifestyle and breathing in the fresh mountain
air and ocean breeze are all a part of our creative
and competitive business community.
What better way to explore the beauty of San Diego’s
South County than by hiking or biking along one of
the many trail systems or by kayaking, rowing and
boating on Otay Lakes or into the Pacific Ocean.
With virtually year-round sunshine and mild climate,
Chula Vista is part of a region ranked as a top 50 golf
destination in the world by Golf Digest.Photo taken by Chula Vista resident Corina Toscano − ”Otay Lakes,” March 2017
The City owns and operates a U.S.
Olympic Training Site.
Mobility Options
2017-10-17 Agenda Packet Page 129
3534
sSITEPROPOSED
PHASES 1-4
Millenia Office
Retail
Residential
Hospitality
Millenia Office is strategically located within the Millenia Master Plan in Eastern Chula Vista which has major construction in multiple districts underway. Millenia will be a vibrant walkable community anchored by food, retail, public parks, hospitality, business and housing. The City of Chula Vista has an Unmanned Aerial testing facility and is one of 10 USDOT Autonomous Vehicle testing locations.
A Pulse | for lease by Fairfield Residential
B Volta & Duetta | for lease by Chelsea Investments
C Evo | for sale by Meridian Communities
D Metro | for sale by Meridian Communities
E Trio | for sale by Meridian Communities
F Element | for sale by Shea Homes
G Z | for sale By Shea Homes
H Ayres Hotel
I Millenia Office
J Alexan | for lease by Trammel Crow Residential
K Sudberry Retail Millenia AvenueBirch Road
City of Chula Vista land — Millenia Phase III, IV and future
± 300 acres
The City of Chula Vista will allocate the entire Innovation District,
which equates to 85 acres (4 million square feet of development),
for Amazon’s future growth.
City of Chula Vista land—Millenia Phase III
± 8.5 acres
City of Chula Vista supports an additional 1M s.f. for
Amazon.
Millenia Office —Millenia Office Phases I & II
28 acres
Chesnut Properties
Fully entitled for 3M s.f. of office
500,000 s.f. available Q3 2019
Pacific Ocean
Otay Ranch Town Center Mall
Stylus Park
Future Fire Station
Future Middle School
Millenia Office is designed as a true
campus style opportunity, where themes of
collaboration and connectivity are infused
throughout the architecture and design.
Highly efficient large floor plates increase
opportunities for chance encounters that spur
on innovation and discovery. We have even
taken the theme of connectivity to the next
level by joining buildings together through
a series of outdoor bridges and connectors
to allow people to travel horizontally through
some of the largest floor plates currently
available in this Southern California region.
Connected Design.
2017-10-17 Agenda Packet Page 130
36
Millenia Ave
Montage Ave
Bob Pletcher WayThink. Invent. Discover. Transform.
Invent. (Phase II)1,300,000 GSF | 9 Levels4,290 Cars provided
Discover. (Phase III)1,200,000 GSF | 26 Levels3,960 Cars provided
Think. (Phase I)500,000 GSF | 4 Levels3 Buildings 1,650 Cars provided
Transform. (Phase III)1,000,000 GSF | 11 Levels3,331 Cars provided
Millenia OfficeOverall Site Plan
0’150’300’75’N St
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ta
S
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Future Fire Station
Millenia Office / Chesnut Properties362017-10-17 Agenda Packet Page 131
Millenia Ave
Montage Ave
Bob Pletcher WayMillenia A
v
e
Montage Ave
Bob Pletcher WayThink. (Phase I)500,000 GSF | 4 Levels3 Buildings 1,650 Cars provided
Site Summary:Lot: 7Site Area: 7.06 ACBuilding Area: 500,000 GSF Approx.
Area Summary:BLDG 1: 150,000 SF - 4 LEVELS - 37,500 SF Per FloorBLDG 2: 164,000 SF - 4.5 LEVELS - 37,500 SF Per FloorBLDG 3: 186,000 SF - 4 LEVELS - 37,500 SF Per Floor
Total Office Area: 500,000 GSF
Accessory Space:Amenity (Accessory space): 6,100 SF
Parking Summary:Parking Required (Based on office)500,000 GSF (3.3/1000 GSF) = 1,650 spaces required
Parking Provided: Below GradeB1: 192,500 SF : 550 spaces B2: 192,500 SF : 550 spacesB3: 192,500 SF : 550 spaces
Total Parking Provided = 1,650 spaces
Millenia Office
Think — Campus 001 / Phase 1
Future Fire Station
Invent. (Phase II)1,300,000 GSF | 9 Levels4,290 Cars provided
Millenia Office
Invent — Campus 002 / Phase 2
Site Summary:Lot: 7Site Area: 7.06 ACBuilding Area: 500,000 GSF Approx.
Area Summary:1st Floor: 153,000 SF2nd Floor: 155,000 SF3rd Floor: 208,000 SF4th Floor: 208,000 SF5th Floor: 144,000 SF6th Floor: 144,000 SF7th Floor: 133,000 SF8th Floor: 115,000 SF9th Floor: 40,000 SF
Total Office Area: 1,300,000 GSF
Accessory Space:Amenity (Accessory space): 15,280 SFGarage Support Space: 25,000 SF
Parking Summary:Parking Required (Based on office)1,300,000 GSF (3.3/1000 GSF) = 4,290 spaces required
Parking Provided (Below Deck):B1: 417,000 SF : 1,191 spaces + 25,000 garage supportB2: 442,000 SF : 1,263 spacesB3: 214,200 SF: 612 spacesB4: 214,200 SF: 612 spacesB5: 214,200 SF: 612 spacesTotal Parking Provided = 4,290 spaces
Future Fire Station
Campus 001 — Think / Millenia Office / Chesnut Properties Campus 002 — Invent / Millenia Office / Chesnut Properties
0’150’300’75’N0’150’300’75’N
382017-10-17 Agenda Packet Page 132
Millenia Ave
Montage Ave
Bob Pletcher WayMillenia Ave
Montage Ave
Bob Pletcher WayMillenia Office
Site Summary:Lot: 19Site Area: 9.95 ACBuilding Area: 1,200,000 GSF Approx.
Area Summary:1st Floor: 90,500 SF2nd Floor: 96,650 SF3rd Floor: 107,650 SF4th Floor: 105,500 SF5th Floor: 88,500 SF6th Floor: 79,220 SF7th Floor: 64,950 SF8th Floor: 47,500 SF9th Floor: 47,500 SF 10th - 11th Floor: 34,000 SF 12th - 13th Floor: 33,000 SF14th - 15th Floor: 31,000 SF16th - 17th Floor: 30,000 SF18th - 19th Floor: 28,000 SF20th - 21st Floor: 26,000 SF22nd - 23rd Floor: 25,000 SF24th - 25th Floor: 23,000 SF26th Floor: 22,000 SF
Total Office Area: 1,200,000 GSF
Accessory Space:Amenity (Accessory space): 12,760 SFGarage Support Space: 26,700 SF
Parking Summary:Parking Required (Based on office area)1,200,000 SF (3.3/1000 GSF) = 3,960 spaces required
Parking Provided: (Below Deck)B1: 360,300 SF : 1,030 spaces + 26,700 garage supportB2: 387,000 SF : 1,106 spacesB3 - B5: 212,800 SF : 608 spaces
Total Parking Provided = 3,960 spaces
Discover — Campus 003 / Phase 3
St
ra
ta
S
t
ree
t
Discover. (Phase III)1,200,000 GSF | 26 Levels3,960 Cars provided
Campus 003 — Discover / Millenia Office / Chesnut Properties St
ra
ta
S
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ree
t
Transform. (Phase III)1,000,000 GSF | 11 Levels3,331 Cars provided
Montage Ave
Millenia Office
Site Summary:Lot: 16Site Area: 8.54 ACBuilding Area: 1,000,000 GSF Approx.
Area Summary:1st Floor: 90,500 SF2nd Floor: 96,650 SF3rd Floor: 107,650 SF4th Floor: 105,500 SF5th Floor: 88,500 SF6th Floor: 79,220 SF7th Floor: 64,950 SF8th Floor: 47,500 SF9th Floor: 47,500 SF 10th Floor: 34,000 SF11th Floor: 34,000 SF
Total Office Area: 1,000,000 GSF
Accessory Space:Amenity (Accessory space): 5,000 SF
Parking Summary:Parking Required (Based on office area)1,000,000 SF (3.3/1000 GSF) = 3,300 spaces required
Parking Provided: (Structure- 9 Levels Above / 4 Levels Below)B5: 74,000 SF : 211 spaces B4: 84,000 SF : 240 spacesB3: 84,000 SF : 240 spacesB2: 84,000 SF : 240 spacesB1: 84,000 SF : 240 spacesP1 - P9: 84,000 SF Per Floor : 2,160 spaces
Total Parking Provided = 3,331 spaces
Transform — Campus 004 / Phase 3
Campus 004 — Transform / Millenia Office / Chesnut Properties
0’150’300’75’N 0’150’300’75’N
402017-10-17 Agenda Packet Page 133
Millenia Ave
Montage Ave
Bob Pletcher WayMillenia Office
Amazon Hub — Phase 3
Amazon Hub. 24,000 SF | 1 Level BridgeOutdoor Amphitheater
Montage Ave St
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Amazon Hub / Millenia Office / Chesnut Properties Amazon Hub / Millenia Office / Chesnut Properties
0’150’300’75’N
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4544
S treamlinedSIMPLE
SUSTAINABLE
INNOVATION DISTRICT
PHASE 3 AND 4 OF
AMAZON HQ2.
AmazonCity of Chula VistaChesnut Properties
8M+ square feet
2017-10-17 Agenda Packet Page 135
4746
F utureOUR
TOGETHER Chula Vista is growing with
major developments in the
eastern part of the City.
Population in 2000173,556
Population in 2017 267,000
Projected population in 2020280,000
Contact:Eric CrockettCity of Chula Vista Economic Development Directorecrockett@chulavistaca.govOffice: (619) 476-5341Direct: (619) 857-3725
www.chulavistaca.gov
With every day that passes, we help to shape future generations. The natural landscape changes and our educational, economic and technological contributions advance an entire global community. Chula Vista has been preparing for decades to create a future that preserves our pristine greenfields and ecological treasures. Our Climate Action Plan, adopted in 2000, is on target to achieve 100% clean, renewable energy by 2035 and to continue serving as a leader in active transportation and mode sharing. We will be home to the world’s first binational cross-border university, and we have already approved testing of autonomous vehicles and UAVs on our roads and airways. The 535-acre Chula Vista Bayfront Master Plan has been approved as one of the largest waterfront developments on the West Coast. This collaborative development effort will create a world-class destination that reflects strong planning and design principles, economic feasibility and community benefits. The planned Chula Vista Bayfront 1,500-room resort hotel and 400,000-square-foot convention center alone will create more than 16,000 new jobs and generate $1.7 billion in annual revenue. 250 acres are set aside for protected wildlife and habitat, plus 46 acres will consist of new parks, trails and bike paths for the community to enjoy. The City of Chula Vista is a strong partner that has proven its ability to successfully execute on visionary, multi-faceted billion-dollar development projects with a commitment to innovative pilot programs and environmental stewardship.
Opportunities to shape the coast on our western hemisphere, particularly within a region that includes the world’s busiest international border crossing, can only be expected once in a lifetime.
Property of RIDA Chula Vista LLC.
THIS OPPORTUNITY IS OURS TO BUILD TOGETHER!
2017-10-17 Agenda Packet Page 136
Prepared by NV5 Global, Inc.
2017-10-17 Agenda Packet Page 137
Ronald Reagan Administration Building, Office of the Governor
300 South Spring Street, Suite 16701, Los Angeles, CA 90013
GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT
STATE OF CALIFORNIA OFFICE OF GOVERNOR EDMUND G. BROWN JR.
REQUEST FOR INFORMATION (RFI)
“Amazon HQ2”
The Governor’s Office of Business and Economic Development (“GO‐Biz”), is requesting your assistance
in collecting information requested by Amazon for its site selection decision on a proposed new
headquarters facility.
On Thursday September 7, 2017, Amazon issued a press release announcing its search for a new second
headquarters location in N. America. Please find Amazon’s Request for Proposal enclosed herein.
California Business Investment Services (CalBIS), is coordinating a statewide response and will be
assembling all electronic and hard copy responses.
Please submit all documents electronically by e‐mail to: Communi.4mzl14heiqe87n9h@u.box.com
with a copy to jeff.malin@gov.ca.gov and shea.benton@gov.ca.gov. Please include Amazon HQ2 in the
e‐mail subject heading.
Due to the hard copy submission requirement, CalBIS respectfully requests your submission to be e‐
mailed at close of business on Monday, October 16, 2017. Please let us know if you are not able to meet
this deadline.
Please contact me with any questions at jeff.malin@gov.ca.gov or by phone at (213) 435‐9554. Thank
you in advance for your assistance with this request.
Respectfully,
Jeff Malin
Sr. Business Development Specialist
California Business Investment Services
2017-10-17 Agenda Packet Page 138
Amazon HQ2 RFP
INSTRUCTIONS TO RESPONDENTS
Amazon invites you to submit a response to this Request for Proposal (“RFP”) in conjunction with and on
behalf of your metropolitan statistical area (MSA), state/province, county, city and the relevant localities
therein. Amazon is performing a competitive site selection process and is considering metro regions in
North America for its second corporate headquarters. We encourage states, provinces and metro areas
to coordinate with relevant jurisdictions to submit one (1) RFP for your MSA. The RFP may contain
multiple real estate sites in more than one jurisdiction, but we do encourage you to submit your best
sites to meet or exceed the needs of our Project described in this RFP. Any questions regarding the
information or items requested in this document can be submitted using the email below. We
encourage you to go through the process as outlined in the RFP and ask questions of the team using the
email provided below.
PROPOSAL REQUIREMENTS
Please provide an electronic copy and five (5) hard copies of your responses by October 19, 2017
to amazonhq2@amazon.com. Please send hard copies marked “confidential” between the dates
of October 16th – 19th to:
Amazon
Office of Economic Development
c/o Site Manager Golden
2121 7th Ave
Seattle, WA 98121
For electronic submittals, please send a password-protected website URL or a USB only. If using a
password-protected website, the submitting agency should also submit written responses to the RFP
questions (Information Requested section).
TIMELINE
September 7, 2017 RFP Phase I Available
October 19, 2017 RFP Phase I Response Deadline
2018 Final Site Selection and Announcement
2017-10-17 Agenda Packet Page 139
1
OVERVIEW
Background: The purpose of this RFP is to describe the Project and provide a framework for soliciting
specific information that will allow Amazon to determine the ideal location for our Project.
The Project is a second corporate headquarters (HQ2), at which Amazon will hire as many as fifty
thousand (50,000) new full-time employees with an average annual total compensation exceeding
one hundred thousand dollars ($100,000) over the next ten to fifteen years, following
commencement of operations. The Project is expected to have over $5 billion in capital expenditures
as described in more detail in this RFP.
Amazon is a publicly traded U.S. corporation and is a leading internet retailer and technology
company. Amazon is guided by four principles: customer obsession rather than competitor focus,
passion for invention, commitment to operational excellence, and long-term thinking. The Company
presently maintains more than 380,000 employees at multiple facilities in North America and
throughout the world. Due to the successful growth of the Company, it now requires a second
corporate headquarters in North America.
Amazon’s current headquarters is located in downtown Seattle, Washington. This urban campus
employs tens of thousands of employees. Amazon has been a catalyst for development in downtown
Seattle with an abundance of restaurants, services, coffee shops, and for the redevelopment of
South Lake Union and Denny Triangle with its sustainable buildings and open spaces. In 2017,
Amazon was awarded the “City Maker” award by the Downtown Seattle Association.
Amazon estimates its investments in Seattle from 2010 through 2016 resulted in an additional $38
billion to the city’s economy – every dollar invested by Amazon in Seattle generated an additional
$1.4 for the city’s economy overall. Find more information at: www.amazon.com/amazonHQ2.
We look forward to working with you and your team to find a suitable site and establish a cost
structure with a stable business climate for growth and innovation that would encourage Amazon to
locate this high-profile Project in your community.
In choosing the location for HQ2, Amazon has a preference for:
Metropolitan areas with more than one million people
A stable and business-friendly environment
Urban or suburban locations with the potential to attract and retain strong technical talent
Communities that think big and creatively when considering locations and real estate options
HQ2 could be, but does not have to be:
An urban or downtown campus
A similar layout to Amazon’s Seattle campus
A development-prepped site. We want to encourage states/provinces and communities to think
creatively for viable real estate options, while not negatively affecting our preferred timeline
2017-10-17 Agenda Packet Page 140
2
PROJECT FACTS
Employment: The Project is expected to create as many as fifty thousand (50,000) new full-time jobs
with an average annual compensation exceeding one hundred thousand dollars ($100,000) per
employee. We will begin sourcing for talent at Amazon HQ2 upon final site selection. Please note
that the actual average wage rate may vary from the projected wage rate depending upon prevailing
rates at the final location. Amazon also provides a highly competitive benefits package including a
retirement plan, health insurance, and maternity/paternity leave, featuring Amazon’s Leave Share
and Ramp Back program. All job numbers, categories, and salaries contained herein are
estimates/projections and are subject to change. The jobs will likely be broken down into the
following categories: executive/management, engineering with a preference for software
development engineers (SDE), legal, accounting, and administrative. Amazon is an equal opportunity
employer.
Building/Site Requirements: Amazon is considering greenfield sites, infill sites, existing buildings, or a
combination for the Project. If existing buildings are available that can be retrofitted/expanded within
an acceptable budget and time schedule, Amazon may consider this option; however, the company
acknowledges that existing buildings may not be available to meet its requirements. As such, Amazon
will prioritize certified or shovel-ready greenfield sites and infill opportunities with appropriate
infrastructure and ability to meet the Project’s timeline and development demands, as set forth
below.
The following is a summary of the Project’s ideal site and building requirements:
Core Preferences Quantity Units Description
Site Requirements
Proximity to population center 30 Miles
Proximity to International
airport
Within approx. 45
Minutes
Proximity to major highways
and arterial roads
Not more than 1-2
Miles
Close to major arterial
roads to provide optimal
access
Access to mass transit
At site
Direct access to rail,
train, subway/metro,
bus routes
Building Requirements
Initial Square Foot Requirement 500,000+ Sq. Ft. Phase I (2019)
Total Square Foot
Requirement
Up to 8,000,000
Sq. Ft.
Beyond 2027
2017-10-17 Agenda Packet Page 141
3
Details of Amazon’s Seattle headquarters:
Amazon Seattle HQ Direct1 Number of buildings 33
Square feet 8.1 million
Local retail within Amazon headquarters 24 restaurants/cafes + 8 other services
Amazon Employees 40,000+
Capital investment (buildings & infrastructure) $3.7 billion
Operational expenditures (utilities &
maintenance) $1.4 billion
Compensation to employees $25.7 billion
Number of annual hotel nights by visiting
Amazonians and guests 233,000 (2016)
Amount paid into the city’s public transportation
system as employees’ transportation benefit $43 million Indirect2 Additional jobs created in the city as a result of
Amazon’s direct investments 53,000
Additional investments in the local economy as a
result of Amazon’s direct investments $38 billion
Increase in personal income by non-Amazon
employees as a result of Amazon’s direct
investments
$17 billion
Increase in Fortune 500 companies with
engineering/R&D centers in Seattle From 7 in 2010 to 31 in 2017
1From 2010 (when Amazon moved its headquarters to downtown Seattle) to June 2017.
2From 2010-2016. Calculated using Input-Output methodology and multipliers developed by the U.S.
Bureau of Economic Analysis.
Priority for Consideration (in no particular order):
Amazon will consider the following site/building categories for the Project:
1. Existing buildings of at least 500,000+ sq. ft., meeting the core requirements described
above and that are expandable or have additional options for development nearby.
2. A greenfield site of approximately 100 acres certified or pad ready, with utility infrastructure
in place. The sites do not have to be contiguous, but should be in proximity to each other to
foster a sense of place and be pedestrian-friendly.
3. Other infill, existing buildings, including opportunities for renovation/redevelopment and
greenfield sites, meeting the proximity and logistics requirements of the Project. This can
also be a combination of the above.
2017-10-17 Agenda Packet Page 142
4
4. Please also consider the overall proximity of the buildings at full build-out as you are making
recommendations.
Capital Investment: The Project could be over $5 billion in capital investment over the initial 15-17
years of the Project. Please note the capital investment required to acquire and retrofit an existing
building is dependent upon the condition and nature of that building. As such, the following capital
investment estimates will vary depending upon site requirements and actual construction costs,
particularly with respect to an existing building.
Building Phase Estimated Capital Investment
Phase I Building (500,000-1,000,000 sf) $300,000,000-$600,000,000
Phase II Building (1,000,000-2,000,000 sf) $600,000,000-$1,260,000,000
Phase III Building (2,000,000-3,000,000 sf) $1,260,000,000-$1,985,000,000
Phase IV and beyond will grow organically. At full build-out, the campus or park may exceed 8
million square feet and over $5 billion in total capital investment. Amazon will continue to invest in
its facilities to ensure we offer a state-of-the-art workplace for our employees. States, provinces and
metro economic development organizations should consider this as they suggest potential sites. Be
sure to include opportunities to cultivate local culture and creativity into the Amazon HQ2 site. Also,
include connectivity options: sidewalks, bike lanes, trams, metro, bus, light rail, train, and additional
creative options to foster connectivity between buildings/facilities.
Additional Information:
Sustainability: Amazon is committed to sustainability efforts. Amazon’s buildings in its current
Seattle campus are sustainable and energy-efficient. The buildings’ interiors feature salvaged and
locally sourced woods, energy-efficient lighting, composting and recycling alternatives as well as
public plazas and pockets of green space. Twenty of the buildings in our Seattle campus were built
using LEED standards. Additionally, Amazon’s newest buildings use a ‘District Energy’ system that
utilizes recycled heat from a nearby non-Amazon data center to heat millions of square feet of office
space – a system that is about 4x more efficient than traditional heating. This system is designed to
allow Amazon to warm just over 4 million square feet of office space on Amazon’s four-block
campus, saving 80 million kilowatt-hours over 20 years, or about 4 million kilowatt-hours a year. We
also invest in large solar and wind operations and were the largest corporate purchaser of
renewable energy in the U.S. in 2016. Amazon will develop HQ2 with a dedication to sustainability.
Connectivity: Ensuring optimal fiber connectivity is paramount at our HQ2 location. Please
demonstrate the fiber connectivity on all submitted sites. Also, demonstrate multiple cellular phone
coverage maps to ensure optimal service.
2017-10-17 Agenda Packet Page 143
5
KEY PREFERENCES AND DECISION DRIVERS
The below are our preferences and are not in a ranking order. We want to encourage you to think
big and be creative as you are collaborating to respond. Please address the drivers discussed
below in your RFP submittals.
Site/Building – As described herein, finding suitable buildings/sites is of paramount importance.
Amazon HQ2 is a transformational Project, and we must ensure we have the best real estate
options available whether this be a redevelopment opportunity, a partnership with the state,
province, local government, or new buildings. All options are under consideration.
Capital and Operating Costs – A stable and business-friendly environment and tax structure will be
high-priority considerations for the Project. Incentives offered by the state/province and local
communities to offset initial capital outlay and ongoing operational costs will be significant factors in
the decision-making process.
Incentives – Identify incentive programs available for the Project at the state/province and local
levels. Outline the type of incentive (i.e. land, site preparation, tax credits/exemptions, relocation
grants, workforce grants, utility incentives/grants, permitting, and fee reductions) and the amount.
The initial cost and ongoing cost of doing business are critical decision drivers.
Labor Force – The Project includes significant employment requirements at the threshold
compensation levels described herein and with corresponding educational attainment of the
available workforce. The Project must be sufficiently close to a significant population center, such
that it can fill the 50,000 estimated jobs that will be required over multiple years. A highly educated
labor pool is critical and a strong university system is required.
Logistics – Personnel travel and logistics needs, both from population centers to the Project site, as
well as between company facilities, are critically important. As such, travel time to a major highway
corridor and arterial roadway capacity potential are key factors. The highway corridors must provide
direct access to significant population centers with eligible employment pools. Travel time to an
international airport with daily direct flights to Seattle, New York, San Francisco/Bay Area, and
Washington, D.C. is also an important consideration.
Time to Operations – The Project requires an expeditious timetable for the location decision and
the commencement of construction. Given this, sites with the requisite access, utility
infrastructure, and zoning are critical. Please outline the permitting process and estimated
timetable to initiate Phase I of our operations.
Cultural Community Fit – The Project requires a compatible cultural and community environment for
its long-term success. This includes the presence and support of a diverse population, excellent
institutions of higher education, local government structure and elected officials eager and willing to
work with the company, among other attributes. A stable and consistent business climate is
important to Amazon. Please demonstrate characteristics of this in your response. We encourage
testimonials from other large companies.
Community/Quality of Life – The Project requires a significant number of employees. We want to
invest in a community where our employees will enjoy living, recreational opportunities, educational
opportunities, and an overall high quality of life. Tell us what is unique about your community.
2017-10-17 Agenda Packet Page 144
6
INFORMATION REQUESTED
1. Please provide information regarding potential buildings/sites that meet the criteria
described herein. Along with general site information, please provide the current
ownership structure of the property, whether the state/province, or local governments
control the property, the current zoning of the site, and the utility infrastructure present at
the site.
2. Please provide a summary of total incentives offered for the Project by the state/province
and local community. In this summary, please provide a brief description of the incentive
item, the timing of incentive payment/realization, and a calculation of the incentive amount.
Please describe any specific or unique eligibility requirements mandated by each incentive
item. With respect to tax credits, please indicate whether credits are refundable,
transferable, or may be carried forward for a specific period of time. If the incentive includes
free or reduced land costs, include the mechanism and approvals that will be required. Please
also include all timelines associated with the approvals of each incentive. We acknowledge a
Project of this magnitude may require special incentive legislation in order for the
state/province to achieve a competitive incentive proposal. As such, please indicate if any
incentives or programs will require legislation or other approval methods. Ideally, your
submittal includes a total value of incentives, including the specified benefit time period.
3. If any of the programs or incentives described in the summary of total incentives are
uncertain or not guaranteed, please explain the factors that contribute to such uncertainty
and estimate the approximate level of certainty. Please also describe any applicable claw
backs or recapture provisions required for each incentive item.
4. Please provide a timetable for incentive approvals at the state/province and local levels,
including any legislative approvals that may be required.
5. Please provide labor and wage rate information in the general job categories described.
Please provide relevant labor pool information and your ability to attract talent regionally.
Also, include specific opportunities to hire software development engineers and recurring
sourcing opportunities for this type of employment. Please include all levels of talent
available in the MSA, including executive talent and the ability to recruit talent to the area.
6. Please include programs/partnerships currently available and potential creative programs
with higher education institutions in the region in your response. Please also include a list of
universities and community colleges with relevant degrees and the number of students
graduating with those degrees over the last three years. Additionally, include information on
your local/regional K-12 education programs related to computer science.
7. Please provide highway, airport, and related travel and logistics information for all proposed
sites. Please also include transit and transportation options for commuting employees living
in the region. For each proposed site in your region, identify all transit options, including bike
lanes and pedestrian access to the site(s). Also, list the ranking of traffic congestion for your
community and/or region during peak commuting times.
2017-10-17 Agenda Packet Page 145
7
8. Please include information on your community with respect to daily living, recreational
opportunities, diversity of housing options, availability of housing near potential sites for HQ2,
and pricing, among other information. Please also include relevant crime data and cost of living
data.
9. Please use your response as an opportunity to present any additional items and intangible
considerations with respect to your state/province and community that Amazon should include
in its analysis.
While the existence of the Project is not confidential, certain aspects of the Project and details
regarding the company are confidential, proprietary, and constitute trade secrets. Amazon will
deliver a Confidentiality and Non-Disclosure Agreement for execution at the appropriate time.
Conclusion: As this is a competitive Project, Amazon welcomes the opportunity to engage with you
in the creation of an incentive package, real estate opportunities, and cost structure to encourage
the company’s location of the Project in your state/province. Please contact
amazonhq2@amazon.com for questions while responding to this RFP.
This RFP is only an invitation for proposals, the substance of which may be memorialized in a binding,
definitive agreement or agreements if any proposal is selected. Amazon may select one or more
proposals and negotiate with the parties submitting such proposals before making an award decision,
or it may select no proposals and enter into no agreement.
2017-10-17 Agenda Packet Page 146
AmazonHQ2
at Millenia Office
Presented by Chesnut Properties , LLC
in response to Amazon’s RFP dated
September 7th, 2017
AmazonHQMillenia.com
2017-10-17 Agenda Packet Page 147
AmazonHQMillenia.com
2017-10-17 Agenda Packet Page 148
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 4
AmazonHQMillenia.com
California’s Next
Tech Megaregion
Millenia Office is a mega-scale campus opportunity
located in San Diego County, with plans in place repre-
senting 4 million sq. ft. on 4 adjacent lots and additional
land for future expansion to 8m sq. ft. This project rep-
resents a compelling response to Amazon’s search for a
location to establish a new headquarters.
Real Estate Solutions presented by Chesnut Properties:
master developer of office parcels at Millenia San Di-
ego, and 85 acres committed by the City of Chula Vista
to support future phases of Amazon’s expansion.
1,300,000 GSF | 9 Levels | 4,290 Cars provided
Invent.
Campus 002 / Phase II
002
500,000 GSF | 4 Levels | 3 Buildings | 1,650 Cars provided
Think.
Campus 001 / Phase I
001
1,200,000 GSF | 26 Levels | 3,960 Cars provided
Discover.
Campus 003 / Phase II
003
Transform.
1,000,000 GSF | 11 Levels | 3,331 Cars provided
Campus 003 / Phase III
004
Amazon Hub.
Outdoor Amphiteater / Phase II
000
24,000 SF | 1 Level Bridge
2017-10-17 Agenda Packet Page 149
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 5
AmazonHQMillenia.com
Our project, Millenia Office has powerful entitlements in place
to allow Chesnut to present a dynamic world class option for
Amazon to consider for its 2nd National Headquarters.
Our three parcels located at Millenia, a greenfield site, can pro-
vide up to 3 million square feet of the best real estate facilities
we can deliver; Pre-certified LEED v4 “Platinum” and International
WELL Building Institute “Gold.” Added to our 3 parcels, the City
of Chula Vista is offering a 4th campus option on land they con-
trol that brings our total capability to over 4 million square feet
at Millenia. The City of Chula Vista assures that this 4th campus
of 1m sq. ft. (on 8.25 acres) will be overwhelmingly approved by
leadership to support a dynamic 4-campus cluster of 4m sq. ft.
at Millenia.
In addition to the 4m sq. ft. Millenia Office campus project; situ-
ated in short proximity to the South lies an additional 85 acres of
City owned land that will be gifted to Amazon to allow for future
phases and growth of the Amazon HQ to 8m sq.ft. or more.
We call our campus cluster THINK, DISCOVER, INVENT and
TRANSFORM, all of which are connected by a walkable, socially
alive and empowering series of walkways and bridges, with its
Nexus coming together in what we call The Amazon Hub. This is
envisioned to be an interactive park anchored by a wrap-around
digital display to experience live-feeds of life at other Amazon
sites, and possibly dynamic presentations by Amazon leadership
from time-to-time, bringing HQ2 into a living and active relation-
ship with Amazon worldwide.
When Lee Chesnut was first shown the Millenia site 3 years ago, he stood on the land and
knew instantly that this location would be the start of something big. Large-scale business
has always been the goal of this location and after decades of work by developers and civic
leaders, everything is now ready for that to happen.
Amazon HQ2 at
Millenia Office
2017-10-17 Agenda Packet Page 150
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 6
AmazonHQMillenia.com
Think
Campus.
Delivery
Timeline
Transform
Campus.
Invent and Discover
Campuses, Amazon Hub
City of Chula Vista
Owned Land
3 buildings: 500K sq. ft. Total
Fully Entitled, Permit Ready for 2 buildings
Campus can be fully delivered by Q3 2019
1 building: 1m sq. ft. Total
City of Chula Vista Owned Land | Entitlements approved upon commencement, Conceptual
Design Completed | Can be delivered as early as 2021
2 buildings: 2.5 m sq. ft. Total
Invent: Fully Entitled, Conceptual Design Completed
Discover: Fully Entitled, Conceptual Design Completed
Can be delivered as early as Q4 2019
85 Acres Representing 4m sq. ft. or more of opportunity
Can be delivered as early as 2022
Phase I
Phase III
Phase II
Phase III, IV & Beyond
Q3 2019
Early 2021
Q4 2019
Early 2022
2017-10-17 Agenda Packet Page 151
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 7
AmazonHQMillenia.com
A
B
F
H
J
K
D
C
G
E
Millenia AvenueBirch Road
City of Chula Vista land Millenia Phase III, IV and future
± 300 acres
The City of Chula Vista will allocate the entire Innovation District, which
equates to 85 acres (4 million square feet of development), for Amazon’s
future growth.
A Pulse | for lease
by Fairfield Residential
B Volta & Duetta | for lease
by Chelsea Investments
C Evo | for sale
by Meridian Communities
D Metro | for sale
by Meridian Communities
E Trio | for sale
by Meridian Communities
F Element | for sale
by Shea Homes
G Z | for sale
By Shea Homes
H Ayres Hotel
I Millenia Office
J Alexan | for lease
by Trammel Crow Residential
K Sudberry Retail
Millenia Office
Retail
Residential
Hospitality
City of Chula Vista land Millenia Phase III
± 8.5 acres
City of Chula Vista supports an additional 1M s.f. for
Amazon.
Millenia O ice Millenia O ice Phases I & II
28 acres
Chesnut Properties
Fully entitled for 3M s.f. of o ice
500,000 s.f. available Q3 2019
Pacific Ocean
s
Millenia O ice is strategically located
within the Millenia Master Plan in Eastern
Chula Vista which has major construction
in multiple districts under way. Millenia
will be a vibrant walkable community
anchored by food, retail, public parks,
hospitality, business, and housing. The
City of Chula Vista has an Unmanned Aerial
testing facility and is one of ten USDOT
Autonomous Vehicle testing locations.Otay Ranch Town Center Mall
I
Stylus Park
FutureFire Station
Future Middle School
K
2017-10-17 Agenda Packet Page 152
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 8
AmazonHQMillenia.com
Project
Highlights
Sustainability.
The vision for Millenia Office is to create an ecosystem where
the workplace and the environment are mutually celebrated.
Our project is targeting a LEED Platinum rating across the
board and will become a model for how large-scale facilities
can be delivered in a way that seeks to improve the natural
environment and not take away from it.
Millenia Office is being developed as office space which
deeply understands that sustainable workspaces are integral
to our occupant’s core values, productivity and wellbeing.
Wellness.
Launched in October 2014 after six years of research and
development, the WELL Building Standard is the premier
standard for buildings, interior spaces and communities
seeking to implement, validate and measure features that
support and advance human health and wellness. At Mille-
nia Office, we are targeting a WELL Building certification on
all buildings with the goal of cultivating an environment that
encourages creativity, boosts productivity, and ultimately will
help you be a healthier person.
Connected Design
Millenia Office is designed as a true campus style
opportunity, where themes of collaboration and
connectivity are infused throughout the architec-
ture and design of the project. Highly efficient super
floor plates increase opportunities for chance
encounters that spur on innovation and discovery.
We have even taken the theme of connectivity to
the next level, by joining buildings together through
a series of outdoor bridges and connectors to allow
people to travel horizontally through some of the
largest floor plates currently available in San Diego.
Here are some of the main Sustainability and Well-
ness Features of Millenia Office.
• Rooftop PV panel array
• Electric Vehicle Charging Stations
• Tesla energy storage system (to store the sun’s
energy for use when it’s not shining)
• Regenerative drive elevators that recover energy
• Alluring stairs that promote a healthy alternative to
elevators
• Landscaping designed for human interaction,
habitat conservation, local climate and ecosystem
biodiversity
• Comfortable, glare-free outdoor work environments
• Air filtration systems and healthy building materials
that ensure superior indoor air quality
• Advanced water filtration system ensuring superior
water quality for occupants
• High ceilings and floor to ceiling windows create an
open, low-stress work environment: ample natural
light and views outside contribute to occupants’
happiness and productivity
2017-10-17 Agenda Packet Page 153
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 9
AmazonHQMillenia.com
Access.
Millenia is located off the Birch Road exit of the South Bay Expressway
(SR 125) in South San Diego County, providing easy ingress/egress for
convenient access and excellent visibility for building signage.
Millenia is conveniently located near 3 airports:
10 min – Brown Field Municipal and Freight Airport
14 min – Tijuana International Airport Cross Border Xpress (CBX)
25 min – San Diego International Airport
Transportation Highlights
The Millenia Master plan surrounding the office project is built in an
extremely pedestrian friendly urban style, with tree lined promenades,
parks, jogging paths and bike lanes.
Here are some of the transit and transportation highlights of Millenia
Office:
• Walkable Mixed-Use Community
• Autonomous Shuttle proposed throughout Millenia community
• South Bay Bus Rapid Transit Route from Downtown to Millenia/Otay
Mesa port of entry (coming 2018)
• Reverse Commute Location - Establishing this business in the
South-East county of San Diego would allow employees that work
here to go the opposite direction of the current rush hour trends in
San Diego.
• “Invisible Cars” - Subterranean parking throughout the site create a
more urban, walkable pedestrian oriented environment.
Demographic Highlights
Median Household Income
$101,760 For Zip Code 91915
Population – 2017
1.43M within 25 minutes
Projected Population Growth 2016 – 2021
5.4% within 25 minutes
The majority of the Chula Vista workforce is employed in
industries requiring technical skills and advanced ed-
ucation with the number of residents in management,
professional and technical occupations steadily increas-
ing.− 2015 Labor Market Profile,Chabin Concepts
60.9% - Post Secondary/Bachelor’s/Advanced Degrees
80.9% High School Graduates
51.5% - Multilingual
Project
Highlights
Cont.
2017-10-17 Agenda Packet Page 154
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AmazonHQMillenia.com
Climate.
The Millenia Office Campus is located in Southern Cali-
fornia’s mild ocean breeze climate, where the adjacent
Pacific Ocean’s warm waters contribute to the region’s
comfortable temperate all year long. Local tempera-
tures average an annual range between 63 to 72 de-
grees. Local humidity consistently falls within human
comfort ranges, and 70⁰F average temperature prevail-
ing wind patterns range from 5-10 mph. The region has
excellent solar availability, making it one of the most
prime locations in the country for photovoltaic renew-
able energy systems.
The average number of sunny days is 261 which is 31%
more than Seattle and 17% more than the national
average. With Chula Vista’s incredible climate we have
designed the corporate campus of the future allowing
teams to work outdoors and enjoy the fresh air, views
to Otay mountain range and amenities of our site re-
ducing the average time a professional spends indoors
from 90% to 70%.
The design of the campus with its outdoor paths and
connected bridge ways was inspired by the location’s
climate and natural surroundings. Additionally, we
have brought the outdoors in through biophilic design,
brilliant views to the outdoors, natural daylighting and
an air-conditioning system designed to bring in high
volumes of fresh air in full alignment with the WELL
building standard.
Affordability.
Due to the low land basis, Millenia Office is able to be deliv-
ered to its occupants at below market rates for high perfor-
mance space. In addition to affordable space in the campus,
there are numerous new housing projects currently being
built out and selling at Millenia in the low $400,000s. At that
price, employees could own affordable homes and walk to
work.
Millenia: A New Urban Hub
Millenia Office is strategically located within the Millenia Mas-
ter Plan in Eastern Chula Vista which has major construction
in multiple districts under way. Millenia will be a vibrant walk-
able community anchored by food, retail, public parks, hospi-
tality, business, and housing. The City of Chula Vista, recently
designated a “Smart City” is also pursuing Millenia to be a test
site to roll out autonomous vehicles.
Millenia is planned for:
• Up to 3,000 multi-family residences
• 2 million square feet of Class A office space on 30 acres
• 1.5 million square feet of retail, hospitality, civic and
mixed-use projects
• Six themed urban parks and a variety of tree-lined prome-
nades, casual gathering places, bikeways, and plazas.
• Population at build out will be approximately 7,500.
• Millenia is also surrounded by 11 urban villages comprised
of 27,000 new dwelling units
Learn more at milleniasd.com
Project
Highlights
Cont.
2017-10-17 Agenda Packet Page 155
AmazonHQ2 at Millenia Office
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AmazonHQMillenia.com
Think Campus
Looking West across
Montage Park.
Think.
500,000 GSF | 4 Levels | 3 Buildings | 1,650 Cars provided
Campus 001 / Phase I Q3 2019
2017-10-17 Agenda Packet Page 156
AmazonHQ2 at Millenia Office
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Think Campus 001
Site Summary
Lot: 7
Site Area: 7.06 AC
Building Area: 500,000 GSF Approx.
Area Summary
BLDG 1: 150,000 SF - 4 LEVELS - 37,500 SF Per Floor
BLDG 2: 164,000 SF - 4.5 LEVELS - 37,500 SF Per Floor
BLDG 3: 186,000 SF - 4 LEVELS - 37,500 SF Per Floor
Total Office Area: 500,000 GSF
Accessory Space
Amenity (Accessory space): 6,100 SF
Parking Summary
Parking Required
(Based on office)
500,000 GSF (3.3/1000 GSF) =
1,650 spaces required
Parking Provided (Below Grade)
B1: 192,500 SF : 550 spaces
B2: 192,500 SF : 550 spaces
B3: 192,500 SF : 550 spaces
Total Parking Provided = 1,650 spaces
Think Campus
looking Northwest
over Montage Park
Think Campus looking
East over Millenia Ave.
2017-10-17 Agenda Packet Page 157
AmazonHQ2 at Millenia Office
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Invent Campus
Looking South down
Millenia Ave.
Invent.
1,300,000 GSF | 9 Levels | 4,290 Cars provided
Campus 002 / Phase II Q4 2019
2017-10-17 Agenda Packet Page 158
AmazonHQ2 at Millenia Office
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Invent Campus 002
Site Summary
Lot: 1
Site Area: 10.93 AC
Building Area: 1,300,000 GSF Approx.
Area Summary
1st Floor: 153,000 SF
2nd Floor: 155,000 SF
3rd Floor: 208,000 SF
4th Floor: 208,000 SF
5th Floor: 144,000 SF
6th Floor: 144,000 SF
7th Floor: 133,000 SF
8th Floor: 115,000 SF
9th Floor: 40,000 SF
Total Office Area: 1,300,000 GSF
Accessory Space
Amenity (Accessory space): 15,280 SF
Garage Support Space: 25,000 SF
Parking Summary
Parking Required (Based on office)
1,300,000 GSF (3.3/1000 GSF) =
4,290 spaces required
Parking Provided (Below Deck)
B1: 417,000 SF : 1,191 spaces
+ 25,000 garage support
B2: 442,000 SF : 1,263 spaces
B3: 214,200 SF: 612 spaces
B4: 214,200 SF: 612 spaces
B5: 214,200 SF: 612 spaces
Total Parking Provided = 4,290 spaces
Invent Campus design
concept view courtyard
looking Southwest.
Invent Campus design
concept view from freeway
looking Southeast.
2017-10-17 Agenda Packet Page 159
AmazonHQ2 at Millenia Office
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AmazonHQMillenia.com
Discover Campus
View from Northbound Freeway
Discover.
1,200,000 GSF | 26 Levels | 3,960 Cars provided
Campus 003 / Phase II Q4 2019
2017-10-17 Agenda Packet Page 160
AmazonHQ2 at Millenia Office
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Discover Campus
Looking West
Discover Campus
Courtyard View
Looking North
Discover Campus 003
Site Summary
Lot: 19
Site Area: 9.95 AC
Building Area: 1,200,000 GSF Approx.
Area Summary
1st Floor: 90,500 SF
2nd Floor: 96,650 SF
3rd Floor: 107,650 SF
4th Floor: 105,500 SF
5th Floor: 88,500 SF
6th Floor: 79,220 SF
7th Floor: 64,950 SF
8th Floor: 47,500 SF
9th Floor: 47,500 SF
10th - 11th Floor: 34,000 SF
12th - 13th Floor: 33,000 SF
14th - 15th Floor: 31,000 SF
16th - 17th Floor: 30,000 SF
18th - 19th Floor: 28,000 SF
20th - 21st Floor: 26,000 SF
22nd - 23rd Floor: 25,000 SF
24th - 25th Floor: 23,000 SF
26th Floor: 22,000 SF
Total Office Area: 1,200,000 GSF
Accessory Space
Amenity (Accessory space): 12,760 SF
Garage Support Space: 26,700 SF
Parking Summary
Parking Required (Based on office area)
1,200,000 SF (3.3/1000 GSF) =
3,960 spaces required
Parking Provided (Below Deck)
B1: 360,300 SF : 1,030 spaces
+ 26,700 garage support
B2: 387,000 SF : 1,106 spaces
B3 - B5: 212,800 SF : 608 spaces
Total Parking Provided = 3,960 spaces
Discover — Campus 003 / Phase 3
2017-10-17 Agenda Packet Page 161
AmazonHQ2 at Millenia Office
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AmazonHQMillenia.com
Transform.
1,000,000 GSF | 11 Levels | 3,331 Cars provided
Campus 004 / Phase III
Transform Campus
Looking East Across
Millenia Ave
Q1 2021
2017-10-17 Agenda Packet Page 162
Tranform Campus 004
Site Summary
Lot: 16
Site Area: 8.54 AC
Building Area: 1,000,000 GSF Approx.
Area Summary
1st Floor: 90,500 SF
2nd Floor: 96,650 SF
3rd Floor: 107,650 SF
4th Floor: 105,500 SF
5th Floor: 88,500 SF
6th Floor: 79,220 SF
7th Floor: 64,950 SF
8th Floor: 47,500 SF
9th Floor: 47,500 SF
10th Floor: 34,000 SF
11th Floor: 34,000 SF
Total Office Area: 1,000,000 GSF
Accessory Space
Amenity (Accessory space): 5,000 SF
Parking Summary
Parking Required (Based on office area)
1,000,000 SF (3.3/1000 GSF) =
3,300 spaces required
Parking Provided
(Structure- 9 Levels Above /
4 Levels Below)
B5: 74,000 SF : 211 spaces
B4: 84,000 SF : 240 spaces
B3: 84,000 SF : 240 spaces
B2: 84,000 SF : 240 spaces
B1: 84,000 SF : 240 spaces
P1 - P9: 84,000 SF Per Floor : 2,160 spaces
Total Parking Provided = 3,331 spaces
Transform Campus
Looking Southwest
Transform Campus
Looking Northeast
2017-10-17 Agenda Packet Page 163
AmazonHQ2 at Millenia Office
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AmazonHQMillenia.com
Amazon Hub
View From Millenia
Ave looking South
Amazon Hub.
Outdoor Amphiteater / Phase II Q4 2019
24,000 SF | 1 Level Bridge
2017-10-17 Agenda Packet Page 164
AmazonHQ2 at Millenia Office
Presented by Chesnut Properties, LLC in response to Amazon’s RFP dated September 7, 2017 20
AmazonHQMillenia.com
Amazon Hub
View Of Bridge and
Amphitheater
Amazon Hub
View From Millenia
Ave Looking South
The “Amazon Hub,” as we have
come to call it, is truly the heart
of our 4-campus project. This
24,000 SF elevated bridge serves
as a connection between the
campuses, a park, and an out-
door amphitheater.
We see the Hub becoming the
lifeblood of this campus
environment; a place where the
unique culture of Amazon’s HQ2
will be formed.
Amazon Hub 000
2017-10-17 Agenda Packet Page 165
AmazonHQ2 at Millenia Office
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AmazonHQMillenia.com
Think Campus
Lobby View
Think Campus
Bridge Connector
Invent Campus Concept Design
Courtyard View looking South
Invent Campus Concept Design
Outdoor Bridge Connector
2017-10-17 Agenda Packet Page 166
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Think Campus
Looking Northwest over Montage Park
Invent Campus Concept Design
View from freeway looking Southeast
Think Campus
Courtyard view looking East
2017-10-17 Agenda Packet Page 167
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Conclusion
We hope our vision captures some of the essence of Amazon’s culture and core
values. We also know that we have just scratched the surface of an actual
Amazon process to bring to life the world-class campus, HQ2. We hope that
what we have presented here earns us the opportunity to begin an exciting
conversation with your leadership as you pursue the reality of Amazon HQ2.
Lee Chesnut
Principal, Chesnut Properties
2017-10-17 Agenda Packet Page 168
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Connect
AmazonHQMillenia.com
Lee Chesnut
Principal, Chesnut Properties
619 851 4109
lee@chesnutproperties.com
Susan Guerra
COO, Chesnut Properties
619 312 5858
susan@chesnutproperties.com
Tony Russel
Managing Director, JLL
858 410 1213
tony.russel.@am.jll.com
Please take a look at the website we created for this
proposal and to access this presentation digitally.
2017-10-17 Agenda Packet Page 169
AmazonHQMillenia.com
2017-10-17 Agenda Packet Page 170
City of Chula Vista
Staff Report
File#:17-0472, Item#: 9.
RATIFICATION OF APPOINTMENT OF MARK VALEN TO THE SOUTH BAY WILDLIFE ADVISORY
GROUP
The current vacancy is for a Sustainability Commission Representative. The representative shall be
nominated by the Sustainability Commission with the appointment ratified by the City Council per
Resolution 2016-231 (Attachment 1). On October 9, 2017, the Sustainability Commission nominated
Mark Valen to represent the Chula Vista Sustainability Commission on the South Bay Wildlife
Advisory Group (Attachment 2).
ATTACHMENTS
Attachment 1: Resolution 2016-231
Attachment 2: Sustainability Commission Memo
Staff Contact: Leah Larrarte
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