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City of Chula Vista
Staff Report
File#:17-0514, Item#: A.
PRESENTATIONOFAPROCLAMATIONCOMMENDINGPOLICESERGEANT,JOHNMcAVENIA
UPON 33 YEARS OF DEDICATED SERVICE
City of Chula VistaPage 1 of 1Printed on 11/30/2017
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City of Chula Vista
Staff Report
File#:17-0525, Item#: B.
PRESENTATIONOFAPROCLAMATIONCOMMENDINGENVIRONMENTALSERVICES
MANAGER,LYNNFRANCEUPON14YEARSOFDEDICATEDSERVICEAND
CONGRATULATINGHERONBEINGRECOGNIZEDASTHE2017“RECYCLEROFTHEYEAR”
BY THE CALIFORNIA RESOURCE RECOVERY ASSOCIATION
City of Chula VistaPage 1 of 1Printed on 11/30/2017
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City of Chula Vista
Staff Report
File#:17-0529, Item#: C.
SPECIALRECOGNITIONOF15-YEAR-OLDCHULAVISTARESIDENTLAWRENCEMALOTFOR
HIS GENEROSITY
City of Chula VistaPage 1 of 1Printed on 11/30/2017
powered by Legistar™
City of Chula Vista
Staff Report
File#:17-0523, Item#: D.
UPDATEBYPORTCOMMISSIONERANNMOOREONTHECHULAVISTABAYFRONT
DEVELOPMENT
City of Chula VistaPage 1 of 1Printed on 11/30/2017
powered by Legistar™
City of Chula Vista
Staff Report
File#:17-0520, Item#: 1.
ORDINANCEOFTHECITYOFCHULAVISTADECREASINGTHEESTABLISHEDSPEEDLIMIT
ONQUINTARDSTREETBETWEENORANGEAVENUEANDTHIRDAVENUEANDBETWEEN
FIRSTAVENUEANDHILLTOPDRIVEFROM30MILESPERHOURTO25MILESPERHOUR,
ANDAMENDINGSCHEDULEXOFTHEREGISTERMAINTAINEDINTHEOFFICEOFTHECITY
ENGINEER TO REFLECT THE REVISED SPEED LIMITS (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
Staffcompletedareviewoftheroadconditionsandroadsidecharacteristicsontwostreetsegments
alongQuintardStreetinordertodeterminethespeedlimitinaccordancewiththeCaliforniaVehicle
Code(CVC).Basedontheresultsofthisinvestigation,staffdeterminedthatthespeedlimiton
QuintardStreetbetweenOrangeAvenueandThirdAvenueandbetweenFirstAvenueandHilltop
Drive should be revised to the prima facie speed limit of 25 mph (see Attachment 1, Location Plat).
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass1CategoricalExemptionpursuanttoSection15301(Existing
Facilities) of the California Environmental Quality Act State Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
1CategoricalExemptionpursuanttoSection15301(ExistingFacilities)oftheStateCEQA
Guidelines. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
TheSafetyCommission,attheirmeetingonSeptember6,2017,unanimouslyconcurredwithstaff’s
recommendationstodeclarea25mphprimafaciespeedlimitonQuintardStreetbetweenOrange
Avenue and Third Avenue and between First Avenue and Hilltop Drive.
DISCUSSION
Background:
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TheCVCestablishestheprimafaciespeedlimitforallstreetsintheState.Theprimafaciespeed
limitapplicabletoQunitardStreetis25milesperhour(mph).AnEngineeringandTrafficSurvey
(E&TS) is required to change the prima facie speed limits.
TheCVCrequiresthatlocalagenciesreviewlocalspeedlimitseveryfivetotenyearstodetermineif
the existing street segment speed limits require updating.
Currently, the existing posted speed limit on Quintard Street is as follows:
30 mph between Orange Avenue and Third Avenue
30 mph between First Avenue and Hilltop Drive
CONCLUSION:
Basedontheexistingroadconditions,roadsidecharacteristicsandCVC,staffhasdeterminedthat
thespeedlimitsonsegmentsofQuintardStreetneedtobereduced.Sections515and240ofthe
CVCdefine,atwo-laneroad,asa“residenceorbusiness”districtasdeterminedbythenumberof
residencesandbusinessesfrontingthestreet.ThesetwosegmentsofQuintardStreetqualifyas
“residenceandbusiness”districtand,bystatueperCVCSection22352,alsoqualifyfora25mph
prima facie speed limit.
CitystaffrecommendstheCityCouncildeclaretheproposedprimafaciespeedlimitsalongQuintard
Street as follows:
between Orange Avenue and Third Avenue, 25 mph prima facie speed limit
between First Avenue and Hilltop Drive, 25 mph prima facie speed limit
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.
Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof
interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity'sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thegoalofthisaction
itemistosupporttheStrongandSecureNeighborhoodstrategyidentifiedintheCity'sStrategicPlan
by providing safer roadways.
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CURRENT YEAR FISCAL IMPACT
Theproposedspeedlimitmodificationwouldrequirethereplacementandpostingofnewspeedlimit
signsandmarkingofnewpavementspeedlimitlegends.Thecosttoinstalltheseimprovementsis
approximately$2,000.TherequiredworkwillbefundedbyTransNetfundsassociatedwithCapital
ImprovementProject,TF-332,SigningandStripingProgram.SufficientTransNetfundingisavailable
to cover program costs associated with TF-332.
ONGOING FISCAL IMPACT
The improvements will require only routine City maintenance.
Attachments:
1.Location Map - Existing and Proposed Speed Limits
2.AAA Publication “Effective Speed Zoning Why and How” - Dated 2012
Staff Contact: Muna Cuthbert, Senior Civil Engineer
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SECOND READING AND ADOPTION
ORDINANCE NO. _________
ORDINANCE OF THE CITY OF CHULA VISTA DECREASING
THE ESTABLISHEDSPEED LIMIT ON QUINTARD STREET
BETWEEN ORANGE AVENUE AND THIRD AVENUE AND
BETWEEN FIRST AVENUE AND HILLTOP DRIVEFROM 30
MILES PER HOUR TO 25 MILES PER HOUR, AND AMENDING
SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE
OF THE CITY ENGINEER TO REFLECT THEREVISEDSPEED
LIMITS (FIRST READING)
WHEREAS, staff completed a review of the roadconditionsand roadside characteristics
for two street segments alongQuintard Street in order to determine the speed limit in accordance
with the California Vehicle Code (CVC). These segments are as follows:
Quintard Streetbetween Orange Avenue and Third Avenue
Quintard Streetbetween First Avenue andHilltop Drive; and
WHEREAS, the CVC establishes the prima facie speed limit for all streets in the State.
The prima facie speed limit applicable to Qunitard Street is 25 miles per hour (mph). An
Engineering and Traffic Survey (E&TS) is required to change the prima facie speed limits; and
WHEREAS, the CVC requires that local agencies review local speed limits every five to
ten years to determine if the existing street segment speed limits require updating;and
WHEREAS, currently, the existing posted speed limit on Quintard Street is as follows:
30 mph between Orange Avenue and Third Avenue
30 mph between First Avenue and Hilltop Drive; and
WHEREAS, based on the road conditions,roadside characteristicsand CVC, staff has
determined that the speed limits on segments ofQuintard Street need to be reduced; and
WHEREAS, Sections 515 and 240 of the CVC define, a two-lane road, as a “residence or
business” district as determined by the number of residences and businesses fronting the street;
and
WHEREAS, these two segmentsof Quintard Street qualify as “residence andbusiness”
district and, by statue per CVC Section 22352, also qualify for a 25 mph prima facie speed limit;
and
WHEREAS, on September 6, 2017, the City of Chula Vista Safety Commission concurred
with staff’s recommendation;and
WHEREAS, this recommendation and other information in the City Engineer’s report has
been fully considered by the City Council.
OrdinanceNo. ____
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
I.DECLARESPEED LIMITAND AMEND SCHEDULE X
That the speed limit on Quintard Street be declared and Schedule X of the register
maintained in the office of the City Engineer be amended to reflect the revised speed limit as
follows:
10.48.020 Schedule X –Established Speed Limits in Certain Zones –Designated
Quintard Streetbetween Orange Avenue and Third Avenue-25 mph prima facie
speed limit
Quintard Streetbetween First Avenue and Hilltop Drive-25 mph prima facie
speed limit
II.EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
final adoption.
Presented byApproved as to form by
______________________________________________________
William S. ValleGlen R. Googins
Director of Engineering and City Attorney
Capital Projects/City Engineer
City of Chula Vista
Staff Report
File#:17-0394, Item#: 2.
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE
FORMOFAMASTERLICENSEAGREEMENTFORWIRELESSFACILITIESONCITY
POLES IN THE RIGHT-OF-WAY
B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDING
CHAPTER2(GENERALGOVERNMENTFEES)OFTHECITY’SMASTERFEESCHEDULE
TOESTABLISHADMINISTRATIVEFEESRELATEDTOMASTERLICENSEAGREEMENTS
FOR WIRELESS FACILITIES ON CITY POLES IN THE RIGHT-OF-WAY
Recommended Action
Council adopt the resolutions.
SUMMARY
TheproposedMasterLicenseAgreement(MLA)forWirelessFacilitiesonCityPolesintheRight-of-
WaywouldestablishanMLAbetweentheCityandvariouspubliccommunicationscompaniesforthe
installationofsmallcellwirelesscommunicationfacilities(WCF)onCity-ownedpoles(lightand
traffic).TheproposedMLAincludesmutuallybeneficialandagreedupontermsthatareconsistent
with those provided to other wireless carriers that are subject to the City’s review and approval.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDevelopmentServicesDirectorhasreviewedtheproposedactivity,approvalofanMLA,for
compliancewiththeCaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthatthe
activityisnota"Project"asdefinedunderSection15378oftheStateCEQAGuidelines;therefore,
pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Background
Macro-celltowerswerefirstapprovedbytheCityCouncilonSeptember16,1999,whentheCity
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CouncilapprovedMasterLicenseAgreements(MLA)withAT&TandCoxPCS,Assets,LLC,for
installationandoperationofasmanyas50wirelesscommunicationsitesonpropertyownedor
controlledbytheCity.TheCityalsoapprovedanMLAwithPacificBellWireless,LLCforasmanyas
25sitesinNovember2002,withCricketforasmanyas35sitesinFebruary2006,withtheNew
Cingular(AT&T)forasmanyas25sitesinJuly2007andwithT-Mobilefor25sitesinDecember
2007.In1998,whentheCitybegannegotiations,CityCouncildirectedstafftonegotiateratesthat
wouldprovidewirelesscarriersanincentivetocometoChulaVista.ItwasCityCouncil’sdesireto
seeChulaVistacommercialandresidentialconsumershavetheopportunitytobeearlyadoptersof
thetechnologyandbenefitfromthecompetitionofmultiplecarriers.Staffreachedouttotheindustry,
heldworkshopsandinvitedthemtotheCitytostructure“master”agreementsthatwouldprovide
promptentryatbelow-marketrates.Fifteenyearslater,nowthatthelatesttelecommunication
technologyisreadilyavailabletoChulaVistaconsumers,staffcontinuestobalancethegoalsof
ensuringthattheCitycontinuestoattractstateoftheart,competitiveserviceoptionsforconsumers
withmarketratelicensepaymentsforCitysites.CityCouncilalsorequestedthatstaffemphasizeco-
location, stealth installations and other methods of reducing visual impacts.
Additionally,overarelativelyshortperiodoftime,thetechnologyhasevolvedfromauniquebusiness
tool,usedbyafewpeople,primarilyincommercialareas,toaubiquitousbusinessandhousehold
convenience.Theincreaseinsitestocoverthevariedtopographyofagrowingcityincreases
exponentiallyby:1)thelimitationsthateachsitecancarryduringpeakperiods;2)theincreased
demandforbandwidthuseforitemssuchasvideo,internetandmusicstreamingversustheoriginal
voiceandtextingfunctions;and3)thedesiretoaccommodatemorecarrierswiththeexpectationof
fosteringgreaterconsumerchoice,competitionforpriceandservicequality.Thepublicdemandfor
theseservicescontinuestogrowandalloftheseissuesplaceagreaterdemandonsites,particularly
inresidentialneighborhoods.Citystaffhasworkedwithindustryformanyyearsona“Master
LicenseAgreement”approachtoreducethepressureonsitingthesefacilitiesinlessappropriate
areas.
ThetemplateMLAprovidestheCitywithanopportunitytoworkcooperativelywiththecarriersto
expeditetheirprojects,providethecoverageneededtomeetpublicdemand,topursuesitesthat
havetheleastimpacttoresidentsandmeettheaestheticandsafetygoalsofthecommunity,while
capturingrevenuethathelpstheCityfundpublicservicesatnoadditionalcosttotheratepayerona
competitivelyneutralandnondiscriminatorybasis.Aboveall,thewirelessindustryvaluesrapid
deployment,andworkswiththeCitytoaccommodatethecommunity’sobjectivesbased
predominantlyonourabilitytodemonstratearecordoftimelyreviewandconstructionapprovalsthat
supportthatgoal.TheCityAttorney’sOffice,Finance,DevelopmentServicesandRiskManagement
haveprovidedcriticalassistanceindevelopingandsecuringtheMLAtermsneededtoprotectthe
public interest while meeting the objectives of the communications industry.
Theevolutionoftechnologycoupledwiththedemandofthepublicforadditionalbandwidthhasled
thecommunicationsindustrytothedeploymentofsmallcellwirelessfacilitiesthatcanbelocatedon
lightandtrafficpolesthroughoutthecommunity.Theappropriateplacementofthesefacilitieswill
helpaddressthepublicdemandfortheseservices,particularlyinresidentialneighborhoods,and
preparethecommunityforthedeploymentof5G.LikethedevelopmentoftheMacroMLAstheCity
hasworkedcollaborativelywiththecommunicationindustrytoexpeditetheirprojects.Thesenew
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smallcelldeploymentswillprovidethecoverageneededtomeetpublicdemand.Inaddition,the
MLA’sseektoutilizesitesthathavetheleastimpacttoresidentsandmeettheaestheticandsafety
goals of the community, while capturing revenue that helps the City fund public services.
MasterLicenseAgreement:TheproposedMLAforwirelessfacilitiesonCitypolesintheright-of-
wayallowsthecarriesandthirdpartyproviderstoinstallsmallcellwirelessfacilitiesonproperty
ownedand/orcontrolledbytheCityandtooperatewithinthescopeoftheMLAforaperiodoften
(10)years.Allofapplicant’sconstruction,installation,maintenanceandremovalofthesmallcell
facilities will be at their sole responsibility and cost.
Theapplicantsarerequiredtocomplywithalllocal,stateandfederalapplicablelaws.EachPole
LicenseAgreement(PLA)underanMLAshallbeadministrativelyapprovedforeachsiteandcontain
specificconditionsthatmustbesatisfiedandmaintainedinordertousethewirelessfacility.ThePLA
willbesubmittedtotheEngineeringDepartmentandcirculatedtoallotherappropriatedepartments.
Iftheapplicantcausesanydamagetothepublicright-of-wayorCityproperty,theyarerequiredto
repairitpromptlyattheirsolecost.TheapplicantwillnotbeallowedtoactivatetheirsiteuntiltheCity
signsoffonfinalconstructionandtheapplicantobtainsallnecessaryregulatoryapprovals.The
originalMLAandthePLAprovideforanumberofriskmitigationmeasuresfortheCityincluding:
indemnity;insurancerequirements;limitationonremediesavailabletotheapplicantintheeventofa
City breach; and reservation of the City’s emergency and police powers.
ImpactsonCityProperty:Theinstallationwillvarydependingontheparticularlocationand
technologydeployed.Asmentioned,allinstallationswillberequiredtoreceiveallapplicablepermits
andcarrierswillworkcloselywithDevelopmentServicesandEngineeringtoassurethattheydonot
interferewithCityoperationsorfacilitymaintenance.Theinstallationswillrequiremaintenanceand
administrationonalimitedbasis.Allproposedfacilitieswouldberequiredtosecureallnecessary
land use, building and engineering permits.
FinancialBenefits:ThetelecommunicationproviderswillbecompensatingtheCityforuseofeach
sitebypayinganannuallicensefeetotheCityGeneralFundforeachpoleattachmentinstalled.The
annuallicensefeeis$1,500dollarsperpole,plusanadditionalfeeof$500dollarsforanadditional
carriercolocation.Theannualfeeincreasesby3.5%ayear.Inaddition,shouldtheproviderenter
intoagreementswithinSanDiegoCountythatpayahigherlicensefeeorescalationclausetheywill
be required to pay this increased amount to the City, upon the City’s request.
Staffwillalsoworkwithcarrierstoimplementbasicfacilityimprovementsorenhancementsateach
sitetohelpthemcomplimentthefacilities’functionwhentheconstructionanddemolitionorsite
programmingwarrantit.Forexample,itiscommonforlightstandardstobereplacedorupgraded
when antennae are added. These improvements would be in addition to the license payments.
AdministrativeFees:TheproposedstandardMLArequirespaymentoftwo(2)administrativefees
byapplicants:aMasterLicensePreparationFeeandaPoleLicenseProcessingFee.Bothfees
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reflectfullcostrecoveryoftheestimatedreasonablecostofprovidingtheassociatedservice.The
costofserviceassociatedwithpreparingaMasterLicenseAgreementisestimatedtototal$8,000
peragreement.ThecostofprocessingaPoleLicenseisestimatedtototal$1,000perpole.The
underlyingcostofserviceassumptionsassociatedwithbothfeecalculationsareprovidedinthetable
below.Thehourlyratesappliedarethecurrentfullyburdenedhourlyratesineffectforeach
classification,ascalculatedineithertheCity’sCostAllocationPlanortheDevelopmentServicesFee
Study adopted by Council in June 2017.
Table 1 - Administrative Fee Cost of Service Analysis
Master License Preparation Fee
Fully
Burdened Estimated Estimated
ClassificationHourly RateHoursCost
Director of Economic Development$ 263.86 10.00$ 2,638.60
Deputy City Attorney II$ 176.24 20.00$ 3,524.80
Senior Civil Engineer$ 183.60 4.50$ 826.20
Associate Engineer$ 172.86 6.00$ 1,037.16
Total Estimated Cost of Service 40.50$ 8,026.76
Proposed Fee$ 8,000.00
Pole License Processing Fee
Fully
Burdened Estimated Estimated
ClassificationHourly RateHoursCost
Principal Traffic Engineer$ 171.08 1.00$ 171.08
Associate Engineer$ 172.86 1.50$ 259.29
Development Services Technician III$ 190.14 3.00$ 570.42
Total Estimated Cost of Service 5.50$ 1,000.79
Proposed Fee$ 1,000.00
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2
(a)(1)isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformed
byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflict
of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisprojectsupports
theEconomicVitalitygoalasitseekstoincreaseCityrevenueandwirelesstelecommunications
facilities.
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CURRENT YEAR FISCAL IMPACT
Thecurrentyearfiscalimpactisunknownbecausenoapplicationshavebeenreceived.Any
applicationsreceivedandbroughtonlinethisfiscalyearwillresultinunanticipatedfundstothe
General Fund.
ApprovalofResolutionB,amendingtheCity’sMasterFeeScheduletoaddadministrativefees,
ensurestheCityrecoversthefullcostofprovidingMasterLicensepreparationandPoleLicense
processing services.
ONGOING FISCAL IMPACT
TheCityownsapproximately9,000lightstandardsandtrafficsignalsthroughouttheCity.Ifthe
providersattachsmallcellwirelessfacilitiestoonlytenpercent(10%)ofthestreetlightslocated
throughouttheCitytheGeneralFundwouldrealize$1.3millioninnewannualrevenue.Whilestaff
believestheultimatedeploymentofsmallcellswillexceed900streetlightsthroughouttheCitythis
will take a number of years to be realized.
ATTACHMENTS
1.Chula Vista Master License Template
Staff Contact: Eric Crockett, Director of Economic Development
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVING THE FORM OF A MASTER
LICENSEAGREEMENTFORWIRELESSFACILITIESON
CITYPOLESINTHERIGHT-OF-WAY
WHEREAS,the City Council approved Resolution 18601 on March 18, 1997,
conceptually approving the marketing of City properties for use by telecommunication companies;
and
WHEREAS, the City Council has requested that staff ensure that consumers have access
to competitive, state of the art telecommunication services within the City; and
WHEREAS, as the need for these and related services increases, new locations are required
for the various telecommunication companies to site their facilities and equipment; and
WHEREAS, the City has an interest in locating such facilities where potential visual
impacts are minimized; and
WHEREAS,over the years, the City and communication companies have negotiated a
standard agreement called a Master License Agreement (MLA) that provides for siting, installing,
and operatingsmall cell and substantially similar facilities in accordance with City standardsand
subject to regulatory approvals, while establishing a regular revenue stream to the City; and
WHEREAS, theproposed MLA is for a ten-year term and contains standard rates, terms,
and conditions applicable to the deployment of small cell facilities to be located on City street
lights and traffic signals, on a competitively neutral and nondiscriminatory basis; and
WHEREAS, pursuant to the MLA, the Licensee will be required to enter into individual
Pole License Agreements (PLA) for use of each individual pole within the City; and
WHEREAS,during the first year of the initial term, the Licenseewill compensatethe City
for each pole attachment with an annual license fee of $1,500, including an additional $500
additional carrier fee for co-locations, subject to annual fee increases of3.5%peryear, to be
deposited in the City General Fund; and
WHEREAS, in order to fully implement the MLA, numerous actions must be taken and
various documents must be executed; and
WHEREAS, the Development Services Director has reviewed the proposed agreement and
determined that the activity is not subject to CEQA and that each individual wireless facility will
have environmental review once the projects are further defined and a CEQA determination will
be completed prior to installation of any new facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approvesthe form and material terms oftheMaster License Agreement for Wireless
Facilities onCityPolesinthe Right-of-Way attached hereto as Exhibit 1; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the City Manager, or designee, to negotiate with qualified licensees for a period of five
(5) years toenter into Master License Agreements with the City of Chula Vista on substantially
similar or better material termsas approved by this resolution; authorizes the City Attorney to
make such modifications to each Master License Agreementas necessary or appropriate for legal
compliance or risk mitigation; andauthorizes the Mayor, or designee, to executeall Master License
Agreements on behalf of theCity of Chula Vista; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the City Manager, of designee, to execute on behalf of the City of Chula Vista all other
documents necessary to implement each Master License Agreement, including but not limited to
Pole License Agreements, on forms prescribed or approved by the City Attorney.
Presented byApproved as to form by
Eric CrockettGlen R. Googins
Economic Development DirectorCity Attorney
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 2 (GENERAL
SCHEDULE TO ESTABLISH ADMINISTRATIVE FEES
RELATED TO MASTER LICENSE AGREEMENTS FOR
WIRELESS FACILITIES ON CITY POLES IN THE RIGHT-OF-
WAY
WHEREAS, the standard Master License Agreement for Wireless Facilities on City Poles
in the Right-of-Way includes provisions requiring payment of administrative fees, including a
Master License Preparation Feeand a Pole License Processing Fee; and
WHEREAS, an analysis of thestaff effort associated with preparing a Master License
Agreement and processing a Pole Licensefor wireless facilities on City poles in the right-of-way
has been conducted; and
WHEREAS,current fully burdened hourly rates for impacted staff were applied to the staff
effort estimate to determine the cost of service associated with providing these administrative
services, as detailed in Exhibit 1; and
WHEREAS, in order to achieve full andequitable cost recoveryfor Master License
Agreement administrative services provided, the Council wishes to amend Chapter 2
Master Fee Schedule, as set forth in Exhibit 2, attached hereto and incorporated herein by reference
as if set forthin full; and
WHEREAS, the proposed fees do not exceed the estimated reasonable cost of providing
the associated services;and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, the proposed fees are exempt from the vote requirement per Sections 1(e)(2)
and 1(e)(3); and
WHEREAS, the proposed amendments to the Master Fee Schedule Chapter 2shall become
effective uponadoption of this Resolution by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that itdoes hereby amend Chapter 2(General Government Fees
to establish administrative fees related to Master License Agreements for Wireless Facilities on
City Poles in the Right-of-Way as set forth in Exhibit 2to this Resolution.
Presented byApproved as to form by
Eric C. CrockettGlen R. Googins
Director of Economic DevelopmentCity Attorney
Exhibit 1
Master License Agreement Administrative Fee Cost of Service Analysis
Master License Preparation Fee
Fully Burdened Estimated Estimated
Hourly RateHoursCost
Classification
Director of Economic Development$263.8610.00$2,638.60
Deputy City Attorney II$176.2420.00$3,524.80
Senior Civil Engineer$183.604.50$826.20
Associate Engineer$172.866.00$1,037.16
Total Estimated Cost of Service40.50$8,026.76
Proposed Fee$8,000.00
Pole License Processing Fee
Fully Burdened Estimated Estimated
Hourly RateHoursCost
Classification
Principal Traffic Engineer$171.081.00$171.08
Associate Engineer$172.861.50$259.29
Development Services Technician III$190.143.00$570.42
Total Estimated Cost of Service5.50$1,000.79
Proposed Fee$1,000.00
EXHIBIT 2
FINANCE
6.Duplicate Payroll Record Fee
1.Returned Check Fee
Regular processing (10 business days).............. $10
Per California Civil Code §1719, any check
Expedited processing (2 business days) ............ $25
returned for non-payment shall cause the issuer
of said check to be subject to a returned check
fee. Issuer shall also be subject to a certified mail
7.Lien Recording Fee
fee (see #3 below).
Any account submitted to the County of San
Diego for placement of a lien resulting from non-
First check returned .......................................... $25
payment of sewer or trash fees shall be subject to
Each subsequent check returned ...................... $35
a lien recording fee.
2.Delinquent Payment Penalty
Per delinquent account ..................................... $10
Unless otherwise specified in the Master Fee
Schedule, Chula Vista Municipal Code, or by
8.Recorded Item Non-Payment Penalty
ordinance, the fee for delinquency in payment of
Any account submitted to the County of San
permit fees or other City charges shall be a basic
Diego for collection via property tax bill, following
penalty, plus an additional penalty per month for
recordation of a lien and continued non-payment,
non-payment of the charge and basic penalty.
shall be subject to an additional penalty.
Basic penalty, percent of invoice amount ....... 10%
Penalty fee, per account ................................... $15
Monthly delinquency charge .......................... 1.5%
1
Collections fee, if over 90 days delinquent ..... $10
9.Lien Payoff Demand Letter
Any account subject to lien by the City may
3.Certified Mail Fee
request preparation of a Lien Payoff Demand
Per item mailed ................................................... $5
Letter.
4.Small Claims Court Collection Charges
Fee per letter, regular (10 business days)......... $25
Fee per letter, expedited (2 business days) ...... $50
Process server, single defendant ...................... $35
......... $17.50
2
10.Lien Release Fee
Court fees ..................................................... varies
Per account ....................................................... $25
5.Check Reissuance Fee
rd
ELECTION RECOUNT
Fee includes 3 party stop-payment charges.
Per California Election Code §15624.
Regular processing, per check .......................... $25
Election recount fee .................... Full cost recovery
1
60 days delinquent for Solid Waste & Recycling
service charges.
DOCUMENT CERTIFICATION
2
Small Claims Court fees are set by the State court
Per document certified ..................................... $15
system and subject to revision without approval of
the Chula Vista City Council. Please contact the
Finance Department to confirm current court fees.
City of Chula Vista www.chulavistaca.gov 619.691.5250
SPECIAL EVENT PERMIT NOTICE OF INTENT TO CIRCULATE A
PETITION FILING
In general, any organized activity involving the
use of, or having an impact upon City-owned,
Per California Elections Code § 9202(b).
controlled or maintained property such as City
parks, facilities, open space, sidewalks or street
areas within the Chula Vista city limits, requires a
Special Event Permit issued by the City of Chula
In accordance with Elections Code § 9202(b), the
. See City
fee will be refunded to the filer if, within one year
Council Policy 102-06 for additional Special Event
of the date of filing the notice of intent, the
Permit information.
elections official certifies the sufficiency of the
petition.
1.Nonrefundable Application Fee
Per event, without street closure ................... $150
MASTER LICENSE AGREEMENT (MLA)
Per event, with street closure ......................... $300
ADMINISTRATIVE FEES
Nonrefundable administrative fees, applicable to
2.Additional City Staff Services
Master License Agreements for Wireless Facilities
City staff .......................... Per Cost Recovery Policy
on City Poles in the Right-of-Way.
Cost recovery deposit .................... Varies by event
Master License Preparation Fee .................. $8,000
BLOCK PARTY PERMIT
Pole License Processing Fee ......................... $1,000
Per event ........................................................... $50
FULL COST RECOVERY
Permittee is responsible for providing all safety
For all full cost recovery fee items, an initial
equipment as required by the Office of
Communications.
cost, including overhead, incurred in conjunction
with review and processing as requested by
PROFESSIONAL FILMING PERMIT
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
1.Application Processing Fee
application be withdrawn at any time, the deposit
Per day, <=10 cast & crew ............................... $150
Per day, >10 cast & crew ................................. $300
including overhead, up to that time. Any funds
remaining on deposit at the time of the
2.Additional City Staff Services
completion or withdrawal of the application shall
be returned to the depositor, after accounting for
City staff ...................................... Full cost recovery
expenses incurred to date.
Full cost recovery deposit ............................ $1,000
See Master Fee Schedule Fee Bulletins 1-100 and
Applicants must provide proof of valid City of
1-200 for additional discussion of full cost
Chula Vista Business License.
recovery and current hourly rates.
NOTICE OF INTENT TO CIRCULATE A
PETITION FILING
Per California Elections Code § 9202(b).
City of Chula Vista www.chulavistaca.gov 619.691.5250
In accordance with Elections Code § 9202(b), the
fee will be refunded to the filer if, within one year
of the date of filing the notice of intent, the
elections official certifies the sufficiency of the
petition.
MASTER LICENSE FOR
WIRELESS FACILITIES ON CITY POLES IN THE RIGHT-OF-WAY
between
CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL CORPORATION
and
Effective Date: \[insert\]
TABLE OF CONTENTS
1.GENERALDEFINITIONS.....................................................................................2
2.SCOPEOFLICENSE...........................................................................................5
2.1.LicenseArea........................................................................................................5
2.1.1.Pole License Issuance andEffect............................................................5
2.1.2.Limitations onLicenseAreas...................................................................5
2.2.Limitations onLicensee’sInterests...................................................................6
2.2.1.LimitedInterestCreated...............................................................................6
2.2.2.LimitedRightsCreated.................................................................................6
2.2.3.No Impediment toMunicipalUses...............................................................6
2.3.Diminutions in Light, AirandSignal..................................................................6
2.4.LicenseAreaCondition......................................................................................7
2.4.1.“As-Is and With AllFaults” Condition.....................................................7
2.4.2.Licensee’sDueDiligence..........................................................................7
2.4.3.Certified AccessSpecialistDisclosure....................................................7
3.TERM....................................................................................................................7
3.1.MasterLicenseTerm.......................................................................................7
3.2.Pole LicenseTerm...........................................................................................7
4.LICENSE FEE; OTHERPAYMENTS...................................................................8
4.1.LicenseFees.....................................................................................................8
4.1.1.CommencementDate................................................................................8
4.1.2.AcknowledgmentLetter............................................................................8
4.1.3.LicenseFee Amount..................................................................................9
4.1.4.Annual License FeeAdjustments............................................................9
4.1.5.License FeeDueDate................................................................................9
4.2.AdministrativeFees.........................................................................................9
4.2.1.Master LicensePreparationFee...............................................................9
4.2.2.Pole License ProcessingFee...................................................................9
4.3.Late Charges..................................................................................................10
4.4.Default Interest...............................................................................................10
4.5.AdditionalFees..............................................................................................10
4.6.PaymentProcedures.....................................................................................10
4.7.Liquidated Chargesand Fees.......................................................................11
5.USES...................................................................................................................11
5.1.PermittedUse.................................................................................................11
5.2.Prohibition on “MacroCell”Uses.................................................................11
5.3.Prohibition on Illegal UsesorNuisances.....................................................12
5.4.SignsorAdvertisements...............................................................................12
6.POLELICENSES................................................................................................12
6.1.City ApprovalRequired.................................................................................12
6.2.Pole LicenseApplication...............................................................................12
6.3.Pole License ApplicationReviewProcedures.............................................13
6.3.1.Incomplete PoleLicenseApplications..................................................13
6.3.2.Required Changes to the PoleLicenseApplication.............................13
6.3.3.Consultation with OtherCityDepartments............................................13
6.3.4.Pole LicenseApplicationApproval........................................................14
6.3.5.City’s RighttoDisapprove......................................................................14
6.3.6.Federal and StateRegulationsInapplicable..........................................14
7.EQUIPMENTINSTALLATION............................................................................15
7.1.Approved Plans andEquipmentSpecifications..........................................15
7.1.1.SiteIdentificationRequired....................................................................15
7.1.2.Changes Required forRegulatoryApprovals.......................................15
7.1.3.Corrections to ApprovedPlans..............................................................15
7.2.Prior RegulatoryApprovals Required..........................................................15
7.3.Installation; Strict Compliance withApprovedPlans.................................16
7.3.1.Alterations toCity’s Property.................................................................16
7.3.2.Licensee’sContractors...........................................................................16
7.4.Labor andMaterialsCosts............................................................................16
7.5.ProjectManagers...........................................................................................17
7.6.Coordination withthe City.............................................................................17
7.7.Fiber-OpticCables.........................................................................................18
7.8.Dedicated Short Range Communications....................................................18
7.9.Title to Licensee’s Equipment andOther Improvements...........................18
8.PUBLICWORKSOPERATIONS........................................................................18
8.1.City’s Access toLicenseAreas....................................................................18
8.2.Repairs, Maintenance and AlterationstoPoles..........................................19
8.3.Repairs, Maintenance and Alterations toLicenseAreas............................19
8.4.Emergencies...................................................................................................19
9.LICENSEE’SMAINTENANCEOBLIGATIONS..................................................20
9.1.Damage toPoles............................................................................................20
9.1.1.Notice tothe City.....................................................................................20
9.1.2.Damage Caused byLicensee.................................................................20
9.1.3.No Rightto Repair...................................................................................20
9.2.EquipmentMaintenance................................................................................20
9.3.GraffitiAbatement..........................................................................................21
9.4.StandardofWork...........................................................................................21
9.5.Inspections.....................................................................................................21
10.LIENS..................................................................................................................21
11.UTILITIES...........................................................................................................22
12.TAXESANDASSESSMENTS............................................................................22
12.1.PossessoryInterestTaxes.........................................................................22
12.2.Licensee’sTaxObligations........................................................................22
13.COMPLIANCEWITHLAWS...............................................................................23
13.1.Compliance with Current andFuture Laws..............................................23
13.2.Licensee’sPersonnel.................................................................................23
13.2.1.Personnel Trainingand Certification..................................................23
13.2.2.Licensee’s Indemnification forPersonnelInjuries............................23
13.3.Compliance with CPUCGO95...................................................................24
13.4.Compliance with Building andElectricCodes.........................................24
13.5.Compliance with RFExposure Regulations.............................................24
14.DAMAGE ORDESTRUCTION...........................................................................24
14.1.City’s Rights After DamageorDestruction..............................................24
14.1.1.Election to Repair or ReplaceDamagedPole....................................25
14.1.2.Election to RemoveDamagedPole....................................................25
14.1.3.Election to Remove Equipment fromDamagedPole........................25
14.2.Licensee’s RightsuponTermination........................................................25
14.3.Waiver ofStatutoryRights.........................................................................25
15.CONDEMNATION...............................................................................................25
15.1.PermanentTakings.....................................................................................26
15.1.1.Termination...........................................................................................26
15.1.2.Award....................................................................................................26
15.1.3.No Statutory RighttoTerminate.........................................................26
15.2.TemporaryTakings.....................................................................................26
16.ASSIGNMENT ANDOTHERTRANSFERS.......................................................26
16.1.GeneralRestriction.....................................................................................26
16.2.ProposedAssignmentProcedures...........................................................27
16.2.1.ProposedAssignmentNotice.............................................................27
16.2.2.CityResponse......................................................................................27
16.3.PermittedAssignments..............................................................................27
16.3.1.Definition...............................................................................................27
16.3.2.Conditions.............................................................................................28
16.4.Effectof Assignment..................................................................................28
16.5.AssumptionbyTransferee.........................................................................28
17.DEFAULT............................................................................................................29
17.1.Events of DefaultbyLicensee...................................................................29
17.2.City’s Remedies..........................................................................................29
17.2.1.LicenseContinuation...........................................................................29
17.2.2.Pole LicenseTermination....................................................................29
17.2.3.MasterLicenseTermination................................................................30
17.2.4.Default Fees..........................................................................................30
17.3.Licensee’sRemedies.....................................................................................30
17.4.Cumulative RightsandRemedies.................................................................31
18.LICENSEE’SINDEMNIFICATIONOBLIGATIONS............................................31
19.INSURANCE.......................................................................................................31
19.1.Licensee’sInsurance..................................................................................31
19.1.1.RequiredCoverages............................................................................32
19.1.2.RequiredEndorsements......................................................................32
19.1.3.Cancellation Notices............................................................................32
19.1.4.Claims-MadePolicies...........................................................................32
19.1.5.GeneralAggregateLimit......................................................................33
19.1.6.Certificates............................................................................................33
19.1.7.InsurerQualifications..........................................................................33
19.1.8.EffectiveDates......................................................................................33
19.1.9.Licensee’sSelf-InsuranceAlternative................................................33
19.1.10.No Limitation onIndemnificationObligations................................34
19.1.11.Rightto Terminate............................................................................34
19.2.City’s Insurance..........................................................................................34
19.3.SubrogationWaiver....................................................................................34
19.4.Contractors’ Bonds andInsurance...........................................................34
20.LIMITATIONS ON THECITY’SLIABILITY........................................................34
20.1.General Limitations on theCity’s Liability................................................35
20.2.ConsequentialDamages............................................................................35
20.3.NoRelocationAssistance..........................................................................35
20.4.Non-Liability for City Officials, EmployeesandAgents..........................35
20.5.Licensee’sWaiver.......................................................................................36
21.RECORDS..........................................................................................................36
21.1.AccountingRecords...................................................................................36
21.2.EstoppelCertificates..................................................................................37
22.RULESANDREGULATIONS............................................................................37
23.SECURITYDEPOSIT..........................................................................................37
23.1.Amount........................................................................................................37
23.2.Further Deposits.........................................................................................37
23.3.Application..................................................................................................38
24.SURRENDER OFLICENSEAREA....................................................................38
24.1.Surrender.....................................................................................................38
24.2.Abandonment..............................................................................................38
24.3.HoldingOver...............................................................................................39
25.HAZARDOUSMATERIALS................................................................................39
25.1.Hazardous Materials inLicenseArea........................................................39
25.2.Licensee’sEnvironmentalIndemnity........................................................39
26.TERMINATION...................................................................................................40
26.1.Termination for Failure to ObtainRegulatoryApprovals........................40
26.2.Licensee’sTerminationRights..................................................................40
26.2.1.Master LicenseTerminationRights....................................................40
26.2.2.Pole License TerminationRights........................................................40
26.2.3.Termination Rights afterPole Replacement......................................41
26.3.City’s Absolute Right to Terminate Pole Licenses..................................41
26.4.Licensee’s RightsafterTermination.........................................................41
27.INTERFERENCE................................................................................................41
27.1.Licensee’s Obligation Not toCauseInterference....................................41
27.2.Impairment Caused by Change inCityUse..............................................42
27.3.Impairment Caused byCity Access..........................................................42
28.MISCELLANEOUSPROVISIONS......................................................................42
28.1.Notices.........................................................................................................43
28.2.Waiver; NoImpliedWaivers.......................................................................44
28.3.Amendments...............................................................................................44
28.4.Interpretation...............................................................................................44
28.4.1.General..................................................................................................44
28.4.2.Multi-partyLicense...............................................................................44
28.4.3.Captions................................................................................................45
28.4.4.City Actions..........................................................................................45
28.4.5.Words of Inclusion...............................................................................45
28.4.6.Laws......................................................................................................45
28.5.SuccessorsandAssigns...........................................................................45
28.6.Brokers........................................................................................................45
28.7.Severability..................................................................................................46
28.8.GoverningLaw;Venue...............................................................................46
28.9.Time forPerformance.................................................................................46
28.10.Survival.....................................................................................................46
28.11.Recording.................................................................................................46
28.12.Counterparts............................................................................................47
28.13.ApprovalAuthority..................................................................................47
28.14.Most FavoredNationProvisions............................................................47
EXHIBITA....................................................................................................................49
EXHIBITA-1.................................................................................................................51
EXHIBITA-2.................................................................................................................52
EXHIBITA-3.................................................................................................................53
SCHEDULEA-4............................................................................................................55
MASTER LICENSE AGREEMENT
FOR WIRELESS FACILITIES ON CITY POLES IN THE RIGHT-OF-WAY
This MASTER LICENSE AGREEMENT FOR WIRELESS FACILITIES ON CITY
POLES IN THE RIGHT-OF-WAY (“Master License”) dated \[insert date\] (the “Effective
Date”) is between the CITY OF CHULA VISTA, a chartered California municipal
corporation (the “City”) and _______________________________(the “Licensee”).
This License may refer to the City and/or Licensee individually as a “Party” or
collectively as the“Parties.”
BACKGROUND
A.WHEREAS, technology developments and demand for high-speed mobile data
service and capacity has extended beyond the capabilities of traditional
macrocell wireless communications facilities. To meet this demand, wireless
providers have accelerated their small celldeployments in the public right-of-way
and the City has a clear incentive to develop public-private agreements that
manage these accelerated deployments in a way that preserves local aesthetics
and public health and safety while also deriving the benefitsof these new
technologies for the City’s residents to the greatest extent practicable;and
B.WHEREAS, Section 253 of the Telecommunications Act of 1996, Pub. L. No.
104-104, 110 Stat. 56, codified as 47 U.S.C. § 253, preserves the City’s authority
to control access to and use the rights-of-way within the City’s jurisdictional
boundaries, and to require reasonable compensation for such use on a
competitively-neutral and nondiscriminatory basis so long as such compensation
is disclosed;and
C.WHEREAS, Licenseeis a public communications utility in California, holding a
Certificate of Public Convenience and Necessity from the California Public
Utilities Commission (“CPUC”); and
D.WHEREAS, Licensee typically installs, maintains and operates its
communications network facilities on existing vertical infrastructure in the public
right-of-waypursuant to authority granted by the CPUC;and
E.WHEREAS, the City owns as its personal property a substantial number of
existing poles within the public right-of-way that are suitable for installing wireless
communications facilities within the City’s jurisdiction and has a duty to derive
appropriate value from the City’s property assets for the public good;and
F.WHEREAS,Licensee desires to install, maintain and operate communications
network facilities on the City’s poles in the public right-of-way in a manner
consistent with the City’s regulatory authority and Licensee is willing to
compensate the City for the right to use the City’s poles for communications
purposes;and
G.WHEREAS,consistent with all applicable Laws, the City does not intend this
Master License to grant the Licensee any exclusive right to use or occupy the
public rights-of-way within the City’s territorial and/or jurisdictional boundaries,
and Licensee expressly acknowledges that the City may in its sole discretion
enter into similar or identical agreements with other entities, which include
without limitation Licensee’s competitors; and
H.WHEREAS,the City desires to authorize Licensee’s access to individualCity-
owned poles based on a comprehensive and uniform Master License according
to the terms and conditions set forth in this Master License, any applicable Pole
License, and pursuant to all the applicable permits issued by the City to protect
public health and safety;and
I.WHEREAS,on \[insert date\], the City Council of the City of Chula Vista adopted
Resolution No. \[insert\], which approved the form and material terms for a Master
License Agreement for Wireless Facilities on City Poles in the Right-of-Way to be
used in connection the licensing of Poles and other City-owned property for
wireless communications facilities, and further delegated authority to the City
Manager to enter into suchagreements.
NOW THEREFORE, for good, valuable and sufficient consideration received and
acknowledged by the City and Licensee, the City and Licensee agree as follows:
AGREEMENT
1.GENERALDEFINITIONS
“Agent” means agent, employee, officer, contractor, subcontractor, and representative
of a party in relation to this Master License and the License Area.
“Assignment” means any of the following: (a) a merger, acquisition, or other transfer of
a controlling interest in Licensee, voluntarily or by operation of Law; (b) Licensee's sale,
assignment, encumbrance, pledge, or other transfer of any part of its interest in or rights
with respect to the License Area; and (c) any action by Licensee to permit any portion of
the License Area to be occupied by anyone other than itself, including a sublicense.
“Claim” mean any and allliabilities, losses, costs, claims, judgments, settlements,
damages, liens, fines, penalties and expenses, whether direct or indirect.
“Common Control” means two entities that are both Controlled by the same third
entity.
“Control” means (a) as to a corporation, the ownership of stock having the right to
exercise more than 50% of the total combined voting power of all classes of stock of the
controlled corporation, issued and outstanding; or (b) as to partnerships and other forms
of business associations, ownership of more than 50% of the beneficial interest and
voting control of such association.
“CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, Section 5, or it’s duly appointedsuccessor agency.
“EMF” means electromagnetic fields or radio frequency between 30 kHz and 300 GHz
in the electromagnetic spectrumrange.
“Environmental Laws” means any Law relating to industrial hygiene, environmental
conditions, or Hazardous Materials.
“Equipment” means antennas and any associated utility or equipment box, and battery
backup, transmitters, receivers, radios, amplifiers, ancillary fiber-optic cables and wiring,
and ancillary equipment for the transmission and reception of radio communication
signals for voice and other data transmission, including the means and devices used to
attach Equipment to a licensed City Pole, peripherals, and ancillary equipment and
installations, including wiring, cabling, power feeds, and any approved signage attached
to Equipment.
“FCC” means the Federal Communications Commission or its duly appointed successor
agency.
“Hazardous Material” means any material that, because of its quantity, concentration,
or physical or chemical characteristics, is at any time now or hereafter deemed by any
Regulatory Agency to pose a present or potential hazard to human health, welfare, or
safety or to the environment. Hazardous Material includes any material or substance
defined as a “hazardous substance,” or “pollutant” or “contaminant” in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(codified as 42 U.S.C. §§ 9601 et seq.) or section 25316 of the California Health &
Safety Code; and any “hazardous waste” listed California Health &Safety Code §
25140; and petroleum, including crude oil or any fraction thereof, natural gas or natural
gasliquids.
“Investigate and Remediate” means the undertaking of any activities to determine the
nature and extent of Hazardous Material that may be located in, on, under or about the
License Area or that has been, is being, or is in danger of being Released into the
environment, and to clean up, remove, contain, treat, stabilize, monitor or otherwise
control such Hazardous Material.
“Invitee” means the client, customer, invitee, guest, tenant, subtenant, licensee,
assignee and sublicensee of a party in relation to the License Area.
“Laws” means all present and future statutes, ordinances, codes, orders, regulations
and implementing requirements and restrictions of federal, state, county and municipal
authorities, whether foreseen or unforeseen, ordinary as well as extraordinary, as
adopted or as amended at the time in question.
“Licensee’s On-Call Representative” mean the person(s) assigned by Licensee to be
on-call and available to the City regarding the operation of Licensee’s Equipment. Such
person(s) shall be qualified and experienced in the operation of Equipment and shall be
authorized to act on behalf of Licensee in any emergency in and in day-to-day
operations of the Equipment.
“Permitted Use” means Licensee’s installation, operation and maintenance of
Equipment for the transmission and reception of wireless, cellular telephone and data
and related communications equipment on License Areas.
“Pole” means a street light pole, utility pole or other support structure located in the
public right-of-way within the City and owned by the City.
“Pole License” means the document in the form of Exhibit A that, when fully executed,
incorporates the provisions of this Master License and authorizes Licensee to install,
operate and maintain Equipment for the Permitted Use on City Poles identified in the
Pole License.
“Pole Location” means the geographic information identifying each City Pole on which
Licensee is authorized to install, operate and maintain Equipment under Pole Licenses.
Pole Locations will be identified in Exhibit A-1 to each Pole License.
“Property” means any interest in real or personal property, including land, air andwater
areas, leasehold interests, possessory interests, easements, franchises and other
appurtenances, public rights-of-way, physical works of improvements such as buildings,
structures, infrastructure, utility and other facilities, and alterations, installations, fixtures,
furnishings and additions to existing real property, personal property and improvements.
“Regulatory Agency” means the local, regional, state or federal body with jurisdiction
and responsibility for issuing Regulatory Approvals in accordance with applicable Laws.
“Regulatory Approvals” means licenses, permits and other approvals necessary for
Licensee to install, operate and maintain Equipment on the License Area.
“Release” when used with respect to Hazardous Material includes any actual or
imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing on, under or about the License Area, other
City Property or the environment.
“RF” means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in
the electromagnetic spectrum range.
“RF Compliance Report” means a report prepared and certified by an RF engineer
acceptable to the City that certifies that the proposed facility, as well as any collocated
facilities, will comply with applicable federal RF exposure standards and exposure limits.
The RF report must include the actual frequency and power levels (in watts ERP) for all
existing and proposed antennas at the site and exhibits that show the location and
orientation of all transmitting antennas and the boundaries of areas with RF exposures
in excess of the uncontrolled/general population limit (as that term is defined by the
FCC) and also the boundaries of areas with RF exposures in excessof the
controlled/occupational limit (as that term is defined by the FCC). Each such boundary
shall be clearly marked and identified for every transmitting antenna at the projectsite.
2.SCOPE OFLICENSE
2.1.LicenseArea
2.1.1.Pole License Issuance andEffect
Subject to the terms and conditions in this Master License, the City will issue to
Licensee one or more Pole Licenses, which will grant Licensee a contractual privilege to
use the space on the subject Pole approved for the Equipment, which includes any
conduits, pull boxes or other City Property specifically identified in the Approved Plans
attached to the Pole License (individually for each licensed Pole and collectively for all
licensed Poles, the “License Area”). Any approved Pole License will become effective
on the first day of the month following the date on which both the City and Licensee
execute such PoleLicense.
2.1.2.Limitations on LicenseAreas
This Master License applies to only Poles identified in final and fully executed Pole
Licenses. This MasterLicense does not authorize Licensee or any other persons or
entities to enter on to or use any other City Property, except the License Areas specified
in any Pole Licenses. Furthermore, neither this Master License nor any Pole License
authorizes or confers any rights in Licensee or any other persons or entities to use any
portions of the public rights-of-way, or any improvements or other personal property
within the public rights-of-way owned by any third parties. The City reserves the
absolute right to reject any Pole License Application. Licensee expressly acknowledges
and agrees that the City will not be obligated to issue any Pole License to Licensee for
any purpose related to the followingpoles:
(1)any decorative Pole, which includes any Pole or light standard with ornate
features or characteristics designed or intended to enhance the
appearance of the Pole or lightstandard;
(2)any Pole in a City-approved underground district when the Licensee does
not propose to install the non-antenna equipment (other than the electric
meter as may be required by Licensee’s utility provider)underground;
2.2.Limitations on Licensee’sInterests
2.2.1.Limited InterestCreated
Licensee expressly acknowledges and agrees that (1) Licensee does not have any
rights to use or interest in any Pole for any purpose whatsoever until and unless the City
issues a Pole License for such Pole; and (2) neither this Master License nor any Pole
License issued pursuant to this Master License creates or will be deemed to create any
leasehold, easement, franchise or any other possessory interest or real property interest
whatsoever in the LicenseArea.
2.2.2.Limited RightsCreated
Any Pole License the City approves pursuant to this Master License grants to Licensee
only a non-possessory and revocable license to enter on to and use the License Area
for the Permitted Use. Licensee expressly acknowledges and agrees that (1) neither
this Master License or any Pole License will be coupled with an interest; (2) the City
retains legal possession and control over all Poles for the City’s operations, which will
be superior to Licensee’s interest at all times; (3) subject to the terms and conditions in
this Master License, the City may terminate a Pole License in whole or in part at any
time; (4) except as specifically provided otherwise in this Master License, the City may
enter into any agreement with third parties in connection with use and occupancy of
Poles and other City Property; and (5) neither this Master License nor any Pole License
creates or will be deemed to create any partnership or joint venture between the City
andLicensee.
2.2.3.No Impediment to MunicipalUses
Except as specifically provided otherwise in this Master License, neither this Master
License nor any Pole License limits, alters or waives the City’s right to use any License
Area in whole or in part as infrastructure established and maintained for the City’s and
the public’s benefit.
2.3.Diminutions in Light, Air andSignal
In the event that any existing or future structure diminishes any light, air or signal
propagation, transmission or reception, whether erected by the City or not, Licensee
shall not be entitled to any reduction in any License Fee, Additional Fees or any other
sums payable to the City under this Master License or any Pole License, the City shall
have no liability to Licensee whatsoever and such diminution will not affect this Master
License, any Pole License or Licensee’s obligations except as may be expressly
provided in this Master License.
2.4.License AreaCondition
2.4.1.“As-Is and With All Faults”Condition
Licensee expressly acknowledges and agrees to enter on to and use the License Area
in its “as-is and with all faults” condition. The City makes no representations or
warranties whatsoever, whether express or implied, as to the License Area’s condition
or suitability for Licensee’s use. Licensee expressly acknowledges and agrees that
neither the City nor its Agents have made, and the City expressly disclaims, any
representations or warranties whatsoever, whether express or implied, with respect to
the physical, structural or environmental condition of the License Area, the present or
future suitability of the License Areafor the Permitted Use or any other matter related to
the LicenseArea.
2.4.2.Licensee’s DueDiligence
Licensee expressly represents and warrants to the City that Licensee has conducted a
reasonably diligent and independent investigation, either for itself or through an Agent
selected by Licensee, into the License Area condition and suitability for Licensee’s
intended use, and that Licensee relies solely on its due diligence for such determination.
Licensee further expressly represents and warrants to the City that Licensee’s intended
use is the Permitted Use as defined in Section 5 in this Master License.
2.4.3.Certified Access SpecialistDisclosure
Pursuant to California Civil Code § 1938, and to the extent applicable to this Master
License, the City expressly advises Licensee, and Licensee expressly acknowledges,
that a Certified Access Specialist (as defined in California Civil Code § 55.53) has not
inspected any License Area in whole or in part to determine whether it meets all
applicable construction-related accessibility requirements.
3.TERM
3.1.Master LicenseTerm
The term under this Master License (the “Term”) will commence on the Effective Date
and will automatically expire 10 years from the Effective Date on \[insert specific date\]
(the “Expiration Date”), unless earlier terminated in accordance with this Master
License.
3.2.Pole LicenseTerm
The term under each Pole License will commence on the Commencement Date and will
automatically expire on the Expiration Date, unless earlier terminated in accordance
withthisMaster License. To determinethe applicable License Fee for eachPole
License, the minimum term will be one year from the Commencement Date (the
“Minimum Term”). Except as specifically provided otherwise in this Master License, the
Minimum Term willprevail over Licensee’s right to abate rent or terminate this Master
License or any Pole License. All Pole Licenses will end on the Expiration Date, even if
such expiration resultsin less than a one-year term for any particular Pole License.
4.LICENSE FEE; OTHERPAYMENTS
4.1.LicenseFees
4.1.1.CommencementDate
Licensee shall pay an annual License Fee under each Pole License beginning on its
“Commencement Date,” which will be either: (1) the date six months from effective
date of the Pole License or (2) the first day of the month after the date on which
Licensee has obtained all Regulatory Approvals necessary for the Permitted Use on the
License Area (whichever occurs first). The parties define a “License Year” to mean any
12-month period (or shorter period in the event that a Pole License commences less
than 12 months from the next July 1 or the Expiration Date) that begins on the
Commencement Date for each Pole License.
4.1.2.AcknowledgmentLetter
For each Pole License approved by the City pursuant to Section 6.4.4 (Pole License
Application Approval), Licensee shall deliver to the City a letter in the form shown in
Exhibit A-3to the Pole License (the “Acknowledgment Letter”) within approximately 10
business days after Licensee obtains all Regulatory Approvals necessary for the
Permitted Use on any License Area. The parties intend the Acknowledgement Letter
to:(a) confirm the Commencement Date; (b) tender or confirm payment by wire transfer
of the License Fee for the first License Year and the Security Deposit; and(c) confirm
that Licensee has submitted all information required in Section 19 (Insurance) under this
Master License. Upon written notice to Licensee, the City shall have the right to correct
the Commencement Date stated in Licensee’s Acknowledgement Letter after the City
examines the Regulatory Approvals if, in the City’s reasonable determination, the
Commencement Date stated on the Acknowledgment Letter is incorrect or inaccurate.
The City’s reasonable determination in connection with this Section 4.1.2 will be final for
all purposes under this Master License. The City will use reasonable efforts to deliver a
countersigned Acknowledgement Letter to Licensee within approximately five business
days after the City receives the partially executed Acknowledgment Letter with all
required attachments and enclosures from Licensee. The fully executed
Acknowledgment Letter will be Licensee’s notice to proceed with its installation. The
date on which the City countersigns the Acknowledgement Letter will be the effective
date for the subject Pole License.
4.1.3.License FeeAmount
Licensee shall pay to the City an annual fee at the rate specified in the License Fee
Schedule attached to each Pole License (the “License Fee”). The License Fee
Schedule will reflect the annualLicense Fee adjustments as provided in Section 4.1.4
(Annual License Fee Adjustments). Licensee shall pay each annual License Fee in
advance without any prior demand, deduction, setoff or counterclaim for any reason,
except to account for a partial year in the event that (1) the Commencement Date falls
on a date other than January 1; (2) this Master License expires or terminates; or (3) any
other abatement rights expressly granted in this Master License become effective. Any
amounts for less than a full year or full month will be calculated based on a 360-day
year and a 30-daymonth.
4.1.4.Annual License FeeAdjustments
Each year throughout the Term on January 1 (each an “Adjustment Date”), the License
Fee will be increased 3.5% over the License Fee payable in the immediately previous
year. The adjustment provided in this Section will be effective even if the first License
Year was for less than a full calendar year.
4.1.5.License Fee DueDate
Licensee shall pay the License Fee for the first year at the same time Licensee delivers
the Acknowledgement Letter without any deduction or setoff for any reason. Thereafter,
Licensee shall pay the annual License Fee on January 1 in each year throughout the
Term.
4.2.AdministrativeFees
4.2.1.Master License PreparationFee
At the time Licensee delivers to the City a partially executed counterpart to this Master
License, Licensee shall pay to the City a nonrefundable administrative fee equal to Eight
Thousand and 00/100 Dollars($8,000.00)(the “Master License Preparation Fee”) to
recoup the City’s costs to review and execute this Master License. The City will not be
obligated to execute any Master License until the City receives the Master License
Preparation Fee. The City’s execution of this Master License shall be its
acknowledgment that Licensee has paid the full Master License Preparation Fee.
4.2.2.Pole License ProcessingFee
At the time Licensee delivers to the City a Pole License Application, Licensee shall pay
to the City a nonrefundable administrative fee equal toOne Thousand and 00/100
Dollars ($1,000.00)(the “Pole License Processing Fee”). Licensee recognizes that the
City will incur costs to review each Pole License Application, which may include without
limitation staff time, legal fees, and expert fees.
The parties further acknowledge that these costs may vary among and/or between
various Pole License Applications due to circumstances particular to any given Pole,
and that it would impracticable (if not impossible) to accurately predict such costs.
Accordingly, the parties agree that the Pole License Processing Fee set forth in this
Section represents a reasonable estimate of the City’s administrative costs to review
each Pole in the typical Pole License Application. The parties further acknowledge that
the Pole License Processing Fee is intended to cover the City’s administrative costs
incurred in its proprietary capacity as the licensor and the Pole License Processing Fee
does not substitute for or diminish the Licensee’s obligation to pay any regulatory permit
fees required by the City’s departments. The City will not be obligated to commence its
review for any Pole License Application until the City receives the Pole License
Processing Fee. The parties to this Master License collectively refer to the Master
License Preparation Fee and the Pole License Processing Fee as “Administrative
Fees.”
4.3.LateCharges
In the event that Licensee fails to pay any License Fee, Additional Fee, Administrative
Fees or any other amount payable to the City within 10 days after the City notifies that
such amounts are due and unpaid, such amounts will be subject to a late charge equal
to 6% of unpaid amounts.
4.4.Default Interest
Any License Fees, Additional Fees, Administrative Fees and all other amounts payable
to the City other than late charges will bear interest at 10% per annum from the due
date when not paid within 10 days after due and payable to the City. Any sums received
shall be first applied towards any interest, then to the late charge and lastly to principle
amount owed. Any interest or late charge payments will not alone excuse or cure any
default byLicensee.
4.5.AdditionalFees
The parties to this Master License define “Additional Fees” to collectively mean any
sums payable by Licensee to the City inits proprietary capacity as the licensor, which
includes without limitation any late charges, default interest, costs in connection with a
request for the City’s consent to an Assignment under Section 16.2 (Proposed
Assignment Procedures) and Default Feesunder Section 17.2.4; provided, however,
that the term excludes any (1) License Fees; (2) Administrative Fees; (3) any other
amounts payable to the City by Licensee in connection with the City’s review of Pole
License Applications or coordinating and inspecting Equipment installed on the License
Area; and (4) any payments to the City in its regulatorycapacity.
4.6.PaymentProcedures
Licensee shall pay all License Fees, Additional Fees, Administrative Fees and all other
amounts payable to the City in cash or other immediately available funds by (1) local
check payable to City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula
Vista, CA 91910 or (2) electronic wire transfer to an account specified by the City. Any
payment made with a dishonored check will be deemed unpaid. The parties may
change the payment address from time to time by written notice.
4.7.Liquidated Charges andFees
The parties agree that the Additional Fees payable under this Master License represent
a fair and reasonable estimate of the administrative costs that the City will incur in
connection with the matters for which they are imposed and that the City’s right to
impose the Additional Fees is in addition to, and not in lieu of, any other rights it may
have under this Master License. Furthermore:
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY’S
ACTUAL ADMINISTRATIVE COSTS AND OTHER DETRIMENT ARISING
FROM LICENSEE DEFAULTS AND OTHER ADMINISTRATIVE
MATTERS UNDER THIS MASTER LICENSE WOULD BE EXTREMELY
DIFFICULT OR IMPRACTICABLE TO DETERMINE. BY PLACING HIS
OR HER INITIALS BELOW, EACH PARTY’S AUTHORIZED
REPRESENTATIVE ACKNOWLEDGES THAT THE PARTIES HAVE
AGREED, AFTER A NEGOTIATION, ON THE AMOUNT OF THE
ADDITIONAL FEES AS REASONABLE ESTIMATES OF THE CITY’S
ADDITIONAL ADMINISTRATIVE COSTS AND OTHERDETRIMENT.
LicenseeCity
5.USES
5.1.PermittedUse
Licensee may use the License Area solely for the installation, operation and
maintenance of Equipment for the provision of communications services(the
“Permitted Use”) in compliance with all applicable Laws and any conditions in any
Regulatory Approvals and for no other use whatsoever without the City’s prior written
consent, which the City may withhold in its sole and absolute discretion for any or no
reason.
5.2.Prohibition on “Macro Cell”Uses
The City and Licensee intend this Master License and any PoleLicense to cover only
“small cell” installations, whichare commonly understood to mean small, low-power,
unobtrusive wireless facilities intended to cover relatively small geographic areas.
Licensee expressly acknowledges and agrees that the Permitted Use under this Master
License does notinclude the right to use any Pole as a support structure for a “macro
cell” or a traditional wireless tower typically constructed on private property.
5.3.Prohibition on Illegal Uses orNuisances
Licensee shall not use the License Area in whole or in part in any unlawful manner or
for any illegal purpose. In addition, Licensee shall not use the License Area in whole or
in part in any manner that constitutes a nuisance as determined by the City in its
reasonable judgment. Licensee shall take all precautions to eliminate any nuisances or
hazards in connection with its uses and activities on or about the LicenseArea.
5.4.Signs orAdvertisements
Licensee acknowledges and agrees that its rights under this Master License and any
Pole License do not authorize Licensee to erect, post or maintain, or permit others to
erect, post or maintain, any signs, notices, graphics or advertisements whatsoever on
the License Area.
6.POLELICENSES
6.1.City ApprovalRequired
Licensee shall not have any right to use the License Area in whole or in part for any
purpose until and unless the City approves a Pole License. Subject to any express
limitations in this Master License, the City will not be obligated to subordinate its
municipal functions or proprietary interest in any manner whatsoever to Licensee’s
interest under any Pole License. When the City considers whether to approve or
disapprove any Pole License Application, the City may consider any matter that affects
its municipal functions or proprietary interests, which include without limitation: (1)
Licensee’s proposed plans and Equipment specifications; (2) compliance with any
applicable Laws; (3) impacts on the City’s street light operations; (4) any potential
hazards or unsafe conditions that could result from Licensee’s installation, operation or
maintenance; (5) any potential visual or aesthetic impactsprovided the proposed
Equipment is in conformance with objective design standards adopted by the City; (6)
the additional load on the Pole the proposed Equipment would createonly if: (a) such
additional load would exceed such Pole’s permitted capacity; and (b) such Pole could
not be replaced to support Licensee’s proposed Equipment; and (7) any municipal plans
for thePole or right-of-way in proximity to thePole.
6.2.Pole LicenseApplication
Each Pole License Application must include: (1) two partially executed duplicate
counterparts of a Pole License in the form attached as Exhibit A to this Master License,
with fully completed Exhibit A-1 and Exhibit A-2 attached to such partially executed Pole
License; (2) the Pole License Processing Fee; and (3) a complete RF Compliance
Report.
6.3.Pole License Application ReviewProcedures
The City will review complete Pole License Applicationswithin applicable timeframes
and pursuant to applicable Law, taking into account any tolling periods for such
timeframes. Licensee shall provide the City with at least 60 days' prior notice before
Licensee submitsany Pole License Application that covers 15 or more Poles to allow
the City sufficient timeto prepare and/or augmentits staffas necessary; provided,
however, that Licensee shallnot submit a single Pole License Application that covers 15
or more Poles within 120 daysofthe Effective Date of this Master License to give the
City sufficient time to complete theprocurement process for contract services. Licensee
shall use best efforts not to submitsuccessive Pole License Applications if those Pole
License Applications wouldcollectively cover 15 or more Poles, and will grant the City a
reasonable extension of theapplicable timeframe for the City's review if such
successive Pole License Applications are submitted.
6.3.1.Incomplete Pole LicenseApplications
The City will not be obligated to review or approve any incomplete Pole License
Application. In the event that Licensee submits an incomplete Pole License Application,
the City willnotice Licenseethat it hassuspendedits review for that incomplete Pole
License Application until Licensee delivers all required elements for a complete Pole
License Application. In addition, the City may suspend all pending Pole License
Application, whether complete or incomplete, reviews when Licensee fails to timely
submit any Pole License Processing Fee. The date and time when Licensee submits
the missing elements will be deemed the date and time that Licensee submitted the
Pole LicenseApplication.
6.3.2.Required Changes to the Pole LicenseApplication
In the event that the City determines for any reason that the Permitted Use at any
particular Pole Location would impede its municipal functions or otherwise negatively
affects its proprietary interests, the City will provide notice to Licensee as soon as
reasonably practicable. Licensee will have 14 days from such notice to change its Pole
License Application without any impact on the Pole License Application’s priority relative
to any other applications then under review or later received by the City. Any changes
received after the 14-day period or any other changes Licensee may make to the Pole
License Application will cause the date and time on which the application was submitted
or deemed submitted to be changed to the date and time on which Licensee submitted
the proposed changes.
6.3.3.Consultation with Other CityDepartments
The City may consult with other departments within the City to assess whether
Licensee’s proposed Equipment poses any concerns, which includes without limitation
any concerns about aesthetics, historic or environmental impacts, traffic control,
pedestrian access and general right-of-way management. Licensee acknowledges that
any consultation with any other City departments in accordance with this Section 6.3.3
and any actions or failures to act by the City that may result from such consultations
would be in the City’s proprietary capacity as the Pole owner and not an exercise of the
City’s regulatory authority.
6.3.4.Pole License ApplicationApproval
In the event that the City approves a Pole License Application, the City will return one
fully executed Pole License to Licensee. Licensee acknowledges and agrees that the
City’s decision to approve or disapprove any Pole License Application is not, and will
not be deemed to be, a regulatory determination subject to any administrative appeal,
but is an exercise of the City’s proprietary authority over its Poles as its personal
property. In the event that Licensee fails to commence construction pursuant to the Pole
License within one year from the date the City fully executes the Acknowledgment
Letter, the Pole License shall automatically expire unless the City Manager grants a
written extension that may not exceed one additional year. Licensee shall not be entitled
to any refund for any fees, which include without limitation the License Fee, paid in
connection with a Pole License that expires pursuant to this Section 6.3.4. Nothing in
this Section 6.3.4 is intended to prohibit or prevent Licensee from submitting a new Pole
License Application for the same or substantiallythe same Poles as those covered
under a Pole License that expired pursuant to this Section6.3.4.
6.3.5.Waiver of Certain Federal and State Rights of Licensee
Inapplicable
Despite any potential future change in Law during the initial 10-year term of this Master
License, Licensee expressly waives any State or Federal rights to challenge: (1) the
fees paid to the City pursuant to this Master License and any Pole License; (2) the
timeframes established in this Master License by which the City must review and
process Pole License Applications, including any notices, tolling, or extensions required
under this Master License; and (3) the right to claim that existing facilities and new
facilities installed pursuant to this Master License are eligible for mandatory collocations
or modifications under Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012. Preceding the commencement of an extension tothis Master License,
Licensee may request from the City an amendment of this Master Licenseto comply
with such changed laws, if applicable. For the avoidance of doubt, any such
amendment would be effective only after the initial 10-year term of this Master License
expires or as otherwise agreed to in writing by the Parties.
7.EQUIPMENTINSTALLATION
7.1.Approved Plans and EquipmentSpecifications
Licensee must submit complete plans and equipment specifications as Exhibit A-2 to
any Pole License Application, which must include without limitation all equipment,
mounts, hardware, utilities, cables, conduits, signage, concealment elements and other
improvements proposed in connection with the License Area. Licensee acknowledges
that Exhibit A-2 to any approved Pole License will be deemed to be the “Approved
Plans” and that Licensee will be permitted to install only the Equipment and other
improvements shown on such Approved Plans.
7.1.1.Site IdentificationRequired
On each licensed Pole, Licensee must install one identification plate in strict compliance
with the size, material, form and substance as shown on the Approved Plans. The
identification plate must include Licensee’s corporate name and telephone number at
which Licensee’s On-Call Representative can be reached at all times (24 hours per day
and 7 days per week). Licensee must replace the identification plate in the event that
any information on such plate changes.
7.1.2.Changes Required for RegulatoryApprovals
Licensee may amend previously Approved Plans when such changes are required to
obtain or maintain compliance with other Regulatory Approvals necessary to install the
Equipment. Any such changes will require the City’s prior written approval. The City will
provide notice of its decision to Licensee in accordance with Section 28.1 (Notices).
7.1.3.Corrections to ApprovedPlans
Licensee shall have the obligation to correct any errors or omissions in any Approved
Plans and related Regulatory Approvals. Licensee shall immediately send written notice
to the City in the event that Licensee discovers any such defects. Any Approved Plans
and/or amendments to Approved Plans by the City will not release or excuse Licensee’s
obligations under this Section 7.1.3.
7.2.Prior Regulatory ApprovalsRequired
Licensee shall not commence any work at the License Area until Licensee obtains all
necessary Regulatory Approvals, which includes without limitation a Wireless
Communications Facilities Permit on Public Property from the City’s Development
Services Department and any other permit obtained through any other City department,
and tenders full and complete copies of each Regulatory Approval to the City. The City’s
consent or refusal to consent to any Pole
License issued by the City in its proprietary capacity as the Pole owner will not be
deemed to be any approval or denial in connection with any Regulatory Approval issued
by the City in its regulatory capacity as a municipal government.
7.3.Installation; Strict Compliance with ApprovedPlans
Licensee shall not commence any work at the License Area until the City provides
Licensee with the Acknowledgement Letter or an equivalent letter to confirm the
Commencement Date. Licensee shall perform all work in connection with the License
Area in strict compliance with the Approved Plans and in a diligent, skillful and
workmanlike manner. All installed Equipment must be high quality, safe, fire resistant,
modern in design and attractive in appearance, all as approved by the City. After any
work at the LicenseArea concludes, Licensee shall restore the License Area and any
other City Property to the condition that existed immediately prior to the work
commenced.
7.3.1.Alterations to City’sProperty
Licensee shall not remove, damage or in any manner alter any City Property without
prior written consent from the City and any other City agencies with jurisdiction over the
subject City Property. The City may withhold its consent in its sole and absolute
discretion, and may reasonably condition its consent in each instance based on scope
and nature of the proposed alterations. Licensee shall immediately notify the City if any
removal, damage or other alteration occurs to City Property for any reason and through
any cause.
7.3.2.Licensee’sContractors
Licensee and all of its contractors shall obtain all necessary licenses, including without
limitation Contractor State Licensing Board licenses and a City of Chula Vista Business
License, prior to performing work on or about the License Area. Licensee shall use only
qualified and trained persons and appropriately licensed contractors for all work
performed on or about the License Area. Licensee shall give the City at least ten (10)
days’ prior written notice of commencement of any construction or installation on any
part of the License Area except or minor and routine repair and maintenance of
Licensee’s Equipment. At least five (5) business days before any work commences on
or about the License Area, Licensee shall provide the City with: (1) a schedule with all
activities to be performed in connection with the work; and (2) a list with all the names,
contractor’s license numbers and business addresses for all contractors who will
perform thework.
7.4.Labor and MaterialsCosts
Licensee shall be responsible for all direct and indirect costs (labor, materials, and
overhead) in connection with designing, purchasing and installing all Equipment in
accordance with the Approved Plans and all applicable Laws. Licensee shall also bear
all costs to obtain and maintain all Regulatory Approvals required in connection with the
installation, which includes without limitation all direct and indirect costs to comply with
any approval conditions or mitigation measuresthat arise from Licensee’s proposed
installation. Licensee shall timely pay for all labor, materials, Equipment and all
professional services related to the Permitted Use or furnished to the License Area at
Licensee’s direction or for Licensee’s benefit.
7.5.ProjectManagers
The City and Licensee each designatethe person listed in this Section 7.5 as its project
manager to coordinate Licensee’s Equipment design and installation, and serve as each
party’s respective primary contact person for all design, engineering, construction and
installation issues that mayarise between the parties in connection with this Master
License.
City’s Project Manager:
Name:WilliamValle
Title:CityEngineer
Phone:(619)691-5021
Address: 276 Fourth Avenue
Chula Vista, CA 91910
Licensee’s Project Manager:
Name:
Title:
Phone:
Email:
Address:
Licensee acknowledges that the City’s project manager is not exclusively assigned to
this Master License, and that the City’s project manager may not always be immediately
available to Licensee or its project manager. Licensee further acknowledges that the
authority delegated by the City to the City’s project manager is limited to the
administration of this Master License, any Pole License Applications and any approved
Pole Licenses. The parties’ respective project managers will have no obligation to
perform any term or covenant to be performed by the other party under this Master
License. Notices to the parties’ respective project managers alone will not be deemed
effective notice for any purpose under this Master License.The parties may designate a
new project manager from time-to-time by written notice to the other party.
7.6.Coordination with the City
Licensee must coordinate all its installation, construction and other work on or about the
LicenseAreawiththeCitysoastoavoidanyinterference(physical,electronicor
otherwise) with any existing utilities, substructures, facilities, City Property and the City’s
municipal operations.
7.7.Fiber-OpticCables
In the event that Licensee’s Equipment on the License Area includes any fiber-optic
cables, Licensee shall, as partial consideration paid to the City for this Master License,
grant the City a license to use twelve (12) strands in any fiber-optic cable that Licensee
owns at each licensed Pole. Such license shall be automatically effective upon
Licensee’s installation of any fiber-optic cables on the License Area, and Licensee shall
designate and mark the twelve (12) fiber strands in any conduit that serves the License
Area for the City’s use at the timeit installs such fiber-optic cables. Licensee further
agrees that, at the time this Master Agreement expires or terminates, Licensee shall
transfer to the City title and ownership of any fiber strands that the City uses or desires
to use by quitclaim or bill for sale at no cost toCity.
7.8.Dedicated Short Range Communications (DSRC)
Licensee shall, as partial consideration paid to the City for this Master License,install a
Dedicated Short Range Communications (DSRC) system,for City’s sole use,uponall
licensed Poles located atsignalized intersections. Licensee further agrees that, at the
time this Master Agreement expires or terminates, Licensee shall transfer to the City title
and ownership of allDSRC systemequipment that the City uses or desires to use by
quitclaim or bill for sale at no cost to City.
7.9.Title to Licensee’s Equipment and OtherImprovements
Except as specifically provided otherwise in this Master License, all Equipment and
other improvements installed, constructed or placed on or aboutthe License Area by
Licensee or its Agents or Invitees will be and remain at all times Licensee’s personal
property. All structural improvements to any Pole, any replacement Pole and any
underground fiber optic cables, all as approved by the City and shown in the Approved
Plans, will become City Property and remain should Licensee vacate or abandon such
License Area, unless the City elects in a written notice to Licensee that it does not wish
to take title to such structural improvements, in which case Licensee shall remove such
improvements at its sole cost and in a manner acceptable to City, and shall restore all
affected areas by such removal to a condition compliant with all applicable Laws.
Subject to Section 24 (Surrender of License Area), Licensee may remove its Equipment
from the License Area at any time after 30 days’ written notice to theCity.
8.PUBLIC WORKSOPERATIONS
8.1.City’s Access to LicenseAreas
Except as specifically provided otherwise in this Master License, the City and its Agents
have the right to access any License Area in whole or in part at any time without notice for
any purpose. The City will not be liable in any manner whatsoever, and Licensee
expressly waives any Claims for inconvenience, disturbance, lost business, nuisance or
other damages that may arise from the City’s or its Agents’ access to the License Area,
which includes any Equipment removed in an emergency or other exigent circumstances
pursuant to Section 8.4 (Emergencies), except to the extent that the damage arises
directly and exclusively from the gross negligence or willful misconduct of the City or its
Agents and not contributed to by the acts, omissions or negligence of Licensee, its Agents
or Invitees. The City will not be liable in any manner whatsoever, and Licensee expressly
waives any Claims for inconvenience, disturbance,lost
business, nuisance or other damages that may arise from the City’s or its Agents’ gross
negligence or willful misconduct and not contributed to by Licensee’s or its Agents’ or
Invitees’ acts, omissions or negligence.
8.2.Repairs, Maintenance and Alterations toPoles
The City and/or the City’s Public Works Department will: (1) maintain and repair Poles
as needed, in its sole judgment, for its street light operations and other municipal
functions; and (2) correct any immediately hazardous condition. If City requires the
termination of electrical service to the Equipment in order to maintain orrepair any
Poles, the City shall inform Licensee at the telephone number provided in section 7.5
and the parties shallcoordinate in good faith to determine suitable dates and times to
complete such actions. If City requires the termination of electricalservice to the
Equipment in order to correct any immediately hazardous condition,Licenseeshall
provide and install an emergency shut-off switch which will terminate electrical service
to allEquipment. If CityusesLicensee’s emergency shut-off switch, City willnotify
Licenseeat the telephone number provided in section 7.5. Except as provided in
Section 26 (Termination), and excluding conditions that arise from the City’s or its
Agents’ gross negligence or willful misconduct, neither any City work on any Pole nor
any condition on any Pole will: (1) entitle Licensee to any damages; (2) excuse or
reduce any obligation by Licensee to pay any License Fees or Additional Fees or
perform any covenant under this Master License; or (3) constitute or be construed as a
constructive termination of this Master License or any PoleLicense.
8.3.Repairs, Maintenance and Alterations to LicenseAreas
The City may, at any time, alter, add to, repair, remove from and/or improve the License
Area in whole or in part for any operational purpose, which includes without limitation
maintenance and improvements in connection with street light services and compliance
with Laws; provided, however, (1) the City makes a good-faith effort to provide notice to
Licensee’s On-Call Representative; (2) the City allows Licensee’s representative to
observe the City’s work; and (3) the City takes reasonable steps not to disrupt
Licensee’s ordinary operations on the License Area. If City requires the termination of
electrical service to the Equipment in order to alter, add to, remove from, and/or improve
the License Area, the City shall inform Licensee at the telephone number provided in
section 7.5and the partiesshallcoordinate in good faith to determine suitable dates and
times to complete such actions. The provisions in this Section 8.3 will not be construed
to allow Licensee’s ordinary operations to impede or delay the City’s authority and
ability to make changes to the License Areas necessary to maintain street light services.
8.4.Emergencies
In emergencies, the City’s work will take precedence over Licensee’s operations, which
includes without limitation any Equipment operated on the License Area, and the City
may access the License Area in whole or in part as the City deems necessary in its sole
determination and in accordance with this Section 8.4, whether the City has notified
Licensee of such emergency or other exigent circumstances or not. When safe and
practicable, the City will notify Licensee of any emergency or other exigent
circumstances that requires the City to remove or replace any Pole and will allow
Licensee to remove its Equipment before the City removes or replaces the Pole;
provided, however, that the City will remove the Equipment from the Pole when in the
City’s sole determination it would (1) be unsafe or not practicable to wait for Licensee to
perform the work; (2) cause significant delay; or (3) otherwise threaten or compromise
public safety or public services. In order to allow City to remove Equipment under this
section, Licenseeshall provide and install an emergency shut-off switch which will
terminate electrical service to allEquipment. If CityusesLicensee’s emergency shut-
off switch, City willnotify Licenseeat the telephonenumber provided in section 7.5. The
City will remove any Equipment with reasonable care and store the Equipment for
retrieval by Licensee. Licensee shall have the right to reinstall such removed Equipment
or equivalent Equipment at Licensee’s sole expense on the repaired or replaced Pole
and in accordance with Section 7 (Equipment
Installation). The City’s removal of Licensee’s Equipment in emergencies or other
exigent circumstances will not be deemed to be a forcible or unlawful entry onto the
License Area or any interference with Licensee’s contractual privilege to use the
LicenseArea.
9.LICENSEE’S MAINTENANCEOBLIGATIONS
9.1.Damage toPoles
9.1.1.Notice to theCity
Licensee agrees to give the City notice of the need for any repair to a Pole promptly
after Licensee discovers any damage from any cause. Licensee’s agreement to provide
notice is not an assumption of liability for any life-threatening or hazardous conditions
unless caused by the acts, omissions or negligence of Licensee or its Agents or
Invitees. Failure to provide such notice will be a material default under this Master
License.
9.1.2.Damage Caused byLicensee
In the event that any use or maintenance by Licensee or its Agents or Invitees cause
any damage to any Pole, Licensee must repair such damage within 30 daysafter the
City provides a notice to Licensee that describes such damage. Such 30-day cure
period may be extended to a date certain if the City agrees the cure reasonably requires
more time. In the event that Licensee fails to timely cure the damage, the City may
repair the damage at Licensee’s expense. Licensee will reimburse the City for all costs
incurred to repair such damage within 10 days after Licensee receives the City’s
demand for payment, together with copies of invoices or other evidence to document
the costsincurred.
9.1.3.No Right toRepair
Absent notice from the City with a demand to cure any damage to a Pole, Licensee is
not authorized to make any repairs to any Pole. Licensee expressly waives all rights it
may have under any applicable Laws to make repairs at the City’s expense.
9.2.EquipmentMaintenance
Licensee shall, at its sole cost and expense, install, maintain and promptly repair any
damage to any Equipment installed on the License Area whenever repair or
maintenance may be required, subject to the City’s prior approval if required under
Section 7 (Equipment Installation). Licensee is not required to seek the City’s prior
approval for any Equipment repair, maintenance, replacement or other installation on
the License Area when such Equipmentis shown on the Approved Plans. Licensee
must obtain the City’s prior written approval for any Equipment repair, maintenance,
replacementorotherinstallationthatinvolveslarger,differentoradditionalEquipment
than shown on the Approved Plans. Licensee expressly acknowledges that Section
6409(a)of
the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455)
does not apply to this Master License or any Pole License because the City is
granting them in its proprietary capacity as the owner of the City Poles. Any work on
Licensee’s Equipment installed on Poles that is authorized or permitted under this
Subsection is subject to Licensee obtaining any required RegulatoryApprovals.
9.3.GraffitiAbatement
Licensee’s repair and maintenance obligation includes the removal of any graffiti from
the License Area within seven (7) daysafter the City notifies Licensee.
9.4.Standard ofWork
For all work performed by or for Licensee under this Section 9.5, Licensee shall be: (1)
at Licensee’s sole cost and expense; (2) performed only qualified and trained persons
and appropriately licensed contractors; (3) performed in a manner and with equipment
and materials that will not interfere with or impair the City’s operations; and (4)
compliant with all applicableLaws.
9.5.Inspections
At least once in every License Year, Licensee shall perform an inspection of all
Equipment. Upon the City’s request, Licensee shall furnish, within 30 days, a written
report to the City on thecondition of such Equipment that includes, without limitation,
any identified concerns and corrective action taken or planned to be taken. In the event
that Licensee’s inspection reveals any maintenance concerns in connection with any
Pole or any other City Property, Licensee shall promptly notify the City.
10.LIENS
Licensee shall keep the License Area free and clear from any and all liens in connection
with any work performed, material furnished or obligations incurred by or for Licensee.
Licensee shall inform each and every contractor and material supplier that provides any
work, service, equipment or material to Licensee in any way connected with Licensee’s
use of the License Area that the License Area is public property and is not subject to
mechanics’liens or stop notices for Equipment or other materials or services provided
for Licensee’s Equipment. If Licensee does not cause the release of lien of a
mechanic’s lien or stop notice by any contractor, service provider or equipment or
material supplier purporting to attach to the License Area or other City Property within
30 days after notice or discovery of the lien, the City will have the right, but not the
obligation, to cause the same to be released by any means it deems proper, including
payment of the Claim giving rise to such lien. Licensee must reimburse the City for all
expenses it incurs in connection with any such lien (including reasonable attorneys’
fees) within 10 days following receipt of the City’s demand together with copies of
invoices or other evidence to document the costs incurred. Licensee shall give the City
at least 10 days’ prior notice of commencement of any construction or installation on
any part of the License Area except for minor and routine repairand maintenance of
Licensee’s Equipment. Licensee shall not create, permit, or suffer any other
encumbrances affecting any portion of the LicenseArea.
11.UTILITIES
Licensee shall be responsible to secure its own utility services for its Permitted Use and
shall not be permitted to use or submeter from any electrical service provided to the City
on any Pole. The City may, in its sole and absolute discretion, permit License to connect
to or submeter from any electrical service provided to the City on any Polenot subject to
a flat rate from the City’s electrical service provider. Licensee shall timely pay when due
all charges for all utilities furnished to its Equipment.
12.TAXES ANDASSESSMENTS
12.1.Possessory InterestTaxes
Licensee understands and acknowledges that this Master License may create a
possessory interest subject to taxation and that Licensee will be required to pay any
such possessory interest taxes. Licensee further understands and acknowledges that
any sublicense or assignment permitted under thisMaster Agreement and any
exercised options to renew or extend this Master License may constitute a change in
ownership for taxation purposes and therefore result in a revaluation for any possessory
interest created under this MasterLicense.
12.2.Licensee’s TaxObligations
Licensee agrees to pay when due and prior to delinquency any and all taxes,
assessments, charges, excises and exactions whatsoever, including without limitation
any possessory interest taxes, that arise from or in connection with Licensee’suse
within the License Area or Licensee’s Equipment that may be imposed on Licensee
under Law. Licensee shall not allow or suffer any lien for any taxes assessments,
charges, excises or exactions whatsoever to be imposed on the License Area or
Licensee’s Equipment. In the event that the City receives any tax or assessment notices
on or in connection with the License Area or Licensee’s Equipment, the City shall
promptly(butinnoeventlaterthan30calendardaysafterreceipt)forwardthesame,
together with reasonably sufficient written documentation that details any increases in
the taxable or assessable amount attributable to Licensee’s Equipment.
13.COMPLIANCE WITHLAWS
13.1.Compliance with Current and FutureLaws
Licensee shall install, operate and maintain the Equipment, and shall perform all work in
connection with such installation, operation and maintenance, in strict compliance with
all applicable Laws and all conditions in any Regulatory Approvals issued in connection
with the Equipment or its installation and operation on any Pole. The parties agree that
Licensee’s obligation to comply with all Laws is a material part of the bargained-for
consideration under this Master License, irrespective of the degree to which such
compliance may interfere with Licensee’s use or enjoyment of the License Area, the
likelihood that the parties contemplated the particular Law involved and whether the
Law involved is related to Licensee’s particular use of the License Area. No occurrence
orsituation arising during the Term arising under any current or future Law, whether
foreseen or unforeseen and however extraordinary, will relieve Licensee from its
obligations under this Master License or give Licensee any right to terminate this Master
License or any Pole License in whole or in part or to otherwise seek redress against the
City. Licensee waives any rights under any current or future Laws to terminate this
Master License or any Pole License, to receive any abatement, diminution, reduction or
suspension of payment of License Fees, or to compel the City to make any repairs to
comply with any such Laws, on account of any such occurrence orsituation.
13.2.Licensee’sPersonnel
13.2.1.Personnel Training andCertification
Licensee shall ensure that all persons who install, operate or maintain the Equipment
are appropriately trained and licensed by the California State Contractors Licensing
Board as required under applicable CPUC rules and regulations. Licensee shall ensure
that such persons are trained in and observe all safety requirements established by the
City, the CPUC and the California Division of Occupational Safety and Health,
Department of Industrial Relations, which includes without limitation site orientation, tag-
out and lock-out de-energization rules, ladder and lift restrictions and track and street
right-of-way safety requirements.
13.2.2.Licensee’s Indemnification for PersonnelInjuries
Licensee acknowledges that (1) the City has delegated to Licensee control over the
License Area at any time in which Licensee or its Agents are installing, operating or
maintaining the Equipment; and (2) the City is not a co-employer of any employee of
Licensee or any employee of Licensee’s Agents, and the City shall not be liable for any
Claim by Licensee’s or its Agent’s employee(s). Licensee agrees to fully indemnify,
defendandholdtheCityharmlessinthe samemannerasprovidedinSection18
(Licensee’s Indemnification Obligations) against any Claim by any employee of
Licensee or its Agents that arises in connection with Licensee’s or its Agents’ access,
uses or other activities on or about the License Area.
13.3.Compliance with CPUC GO95
Licensee shall conduct all activities on the License Area in accordance with CPUC
General Order 95 and the rules and other requirements enacted by the CPUC under
that General Order, as applicable and asamended.
13.4.Compliance with Building and ElectricCodes
Licensee shall conduct all activities on the License Area in accordance with the
requirements of all applicable codes and regulations related to building and construction
safety, which includes without limitation the California Building Code, the California
Electric Code, National Electric Safety Code IEEE C2 (the “NESC”) and any applicable
local buildingelectrical code, as those codes exist now or may be amended in the
future. To the extent that CPUC General Order 95 does not address cellular telephone
antenna installations on Poles carrying electrical lines, Licensee shall apply applicable
provisions ofthe NESC, with particular attention to paragraphs 224, 235C, 235F, 238,
239 and 239H and sections 22, 41 and 44. Where any conflict exists between the
California Building Code, the NESC, the California Electric Code, any local code and
CPUC General Order 128, the more stringent requirements will apply, as determined by
theCity.
13.5.Compliance with RF ExposureRegulations
Licensee’s obligation to comply with all Laws includes all Laws related to maximum
permissible exposure to RF or EMF emissions on or aboutthe License Area, which
includes all applicable FCC standards, whether such RF or EMF emissions or exposure
results from Licensee’s Equipment alone or from the cumulative effect of Licensee’s
Equipment added to all other sources on or near the License Area. Licensee must
provide to the City an RF Compliance Report for each proposed Pole on which the
Licensee desires to install or operate its Equipment. If not provided earlier, Licensee
must submit the RF Compliance Report to the City with the applicable Pole License
Application.
14.DAMAGE ORDESTRUCTION
14.1.City’s Rights After Damage orDestruction
In the event the License Area in whole or in part becomes damaged due to any cause,
the City (1) will have no obligation whatsoever to repair or replace the damaged License
Area; and (2) may, in the City’s sole and absolute discretion, elect to take any of the
following actions:
14.1.1.Election to Repair or Replace DamagedPole
Within 30 days after the date on which the City discovers damage or destruction of a
Pole licensed to Licensee, the City will give Licensee notice of the City’s decision
whether to repair or replace the damaged Pole and its good faith estimate of the amount
of time the will need to complete the work. If the City cannot complete the work within 30
days after the date that the City specifies in its notice, or if the City elects not to do the
work, then Licensee will have the right to terminate the affected Pole License on 30
days’ notice to theCity.
14.1.2.Election to Remove DamagedPole
If theCity elects to remove, rather than repair or replace, a damaged Pole licensed to
Licensee, then the applicable Pole License will automatically terminate on the last day
of the month in which the removaloccurs.
14.1.3.Election to Remove Equipment from DamagedPole
If the acts of third parties or an act of nature or other force majeure circumstance
outside the control of Licensee or its Agents or Invitees destroys or damages any Pole
to such an extent that, in the City’s reasonable determination, the Equipment on the
Pole cannot be operated, the City may decide to terminate the affected Pole License on
30 days’ written notice to Licensee and require Licensee to remove the Equipment from
the damaged Pole before the termination date specified in the City’snotice.
14.2.Licensee’s Rights uponTermination
After the City terminates a Pole License pursuant to Section 14.1 (City’s Rights After
Damage or Destruction), the City will: (1) refund any pre-paid License Fee in connection
with the terminated Pole License on a pro-rata basis determined by the number of
months left in the current License Year at the time such termination occurs, subject to
the Minimum Term as defined in Section 3.2 (Pole License Term) in this Master
License; and (2) prioritize Licensee’s Pole LicenseApplication for one replacement
Pole.
14.3.Waiver of StatutoryRights
The parties understand, acknowledge and agree that this Master License fully governs
their rights and obligations in the event that any licensed Poles become damaged or
destroyed, and, tothe extent applicable, the City and Licensee each hereby waives and
releases the provisions in California Civil Code §§ 1932(2) and 1933(4) or any similar
Laws.
15.CONDEMNATION
15.1.PermanentTakings
In the event that any entity with the power to condemn permanently takes any License
Area in whole or in part, or in the event that the City transfers any License Area in whole
or in part to such entity in lieu of eminent domain, the following provisions will apply:
15.1.1.Termination
Any affected Pole License will automatically terminate as to the part taken or transferred
on the date the permanent taking or transfer occurs, and the License Fee under the
affected Pole License will be ratably reduced to account for the reduction in License
Area.
15.1.2.Award
The City will be entitled to any award paid or made in connection with the taking or any
sums paid in lieu of such taking. Licensee will have no Claim against the City for the
value of any unexpired Term of any Pole License or otherwise except that Licensee may
claim any portion of the award that is specifically allocable to Licensee’s loss or damage
to Licensee’sEquipment.
15.1.3.No Statutory Right toTerminate
The parties understand, acknowledge and agree that this Section 15.1 (Permanent
Takings) is intended to fully govern the parties’ rights and obligations in the event of a
permanent taking. Licensee and the City each hereby waives and releases any right to
terminate this Master License in whole or in part under California Code of Civil
Procedure §§ 1265.120 and 1265.130 and under any similar Laws to the extent
applicable to this Master License.
15.2.TemporaryTakings
Any taking that affects any License Area in whole or in part for less than 90 days will
have no effect on the affected Pole License, except that Licensee will be entitled to a
pro-rata abatement in the applicable License Fee to the extent that such temporary
taking materially impairs Licensee’s use of the License Area. Furthermore, in the event
that the City receives an award, if any, in connectionwith such temporary taking,
Licensee will receive the portion from the award that represents compensation for the
use or occupancy of the License Area during the Term but not to exceed the License
Fees and Additional Fees payable by Licensee for the period of the taking, and the City
will retain the balance of the award.
16.ASSIGNMENT AND OTHERTRANSFERS
16.1.GeneralRestriction
Except as specifically provided in Section 16.3 (Permitted Assignments), Licensee shall
not directly or indirectly assignits interests or rights, whether in whole or in part, in
connection with this Master License, any Pole License or the License Area without the
City’s prior written consent. The City shall not unreasonably withhold its consent to any
proposed Assignment; provided, however, that the parties acknowledge that the City
may reasonably withhold its consent to any proposed Assignment at any time in which
any monetary or other material default by Licensee under this Master License remains
uncured.
16.2.Proposed AssignmentProcedures
16.2.1.Proposed AssignmentNotice
In the event that Licensee desires to Assign its interests or rights, whether in whole or in
part, in connection with this Master License, any Pole License or the License Area,
Licensee shall first send written notice (the “Proposed Assignment Notice”) to the
City, which states in detail the proposed terms and conditions for the Assignment and
complete information, which includes without limitation financial statements, business
track records, references and other information about the proposed assignee (the
“Proposed Assignee”) that the City reasonably requires to fully evaluate Licensee’s
request and render an informed decision. In the event that Licensee does not provide all
the such information simultaneouslywith the Proposed Assignment Notice, the
Proposed Assignment Notice shall not be deemed effective until Licensee delivers all
such information as the City may reasonablyrequire.
16.2.2.CityResponse
The City shall approve or disapprove any request for consentto an Assignment within
30 days after the City receives a complete Proposed Assignment Notice, or 30 days
after the deemed-effective date if Licensee delivers an incomplete Proposed
Assignment Notice as described in Section 16.2.1 (Proposed Assignment Notice) (in
either case, the “Assignment Response Period”). If the City fails to respond within the
Assignment Response Period, the request for consent will be deemed disapproved. If
the City delivers to Licensee written consent to the proposed Assignment, then Licensee
shall have 100 days from such written consent to complete the Assignment. The City’s
consent will be deemed revoked if Licensee fails to complete the proposed Assignment
within the 100-day period; provided, however, that the 100-day period may be extended
to a date certain in a written agreement, which the City shall not unreasonablyrefuse.
16.3.PermittedAssignments
16.3.1.Definition
The City agrees that Licensee will be permitted to enter into an Assignment of this
Master License and Pole Licenses issued under it (a “Permitted Assignment”), without
the City’s prior consent but with notice to the City as provided below, to: (i) Licensee’s
parent; (ii) Licensee’s subsidary; (iii) an entity that acquires all or substantially all of
Licensee’s assets in the market in which the License Area is located (as the market is
defined by the FCC under an order or directive of the FCC; (iv) an entity that acquires
Licensee by a change of stock ownership or partnership interest; or (v) an entity
Controlled by Licensee or that, with Licensee, is under the Common Control of a third
party.
16.3.2.Conditions
A Permitted Assignment is subject to all the following conditions: (a) the Assignee uses
the License Area only for the Permitted Use and holds all Regulatory Approvals
necessary to lawfully install, operate, and maintain Equipment on the License Area; (b)
Licensee provides the City with notice 30 days before the effective date of Permitted
Assignment, stating the contact information for the proposed Assignee and providing
financial information establishing that the proposed Assignee has the capital and fiscal
qualifications greater than or equal to Licensee’s; and (c) Licensee is in good standing
under this Master License.
16.4.Effect ofAssignment
No Assignment byLicensee, consent to Assignment by the City, or Permitted
Assignment under Section 16.3 (Permitted Assignments) will relieve Licensee of any
obligation on its part under this Master License, unless expressly provided in a writing
signed by the City. Any Assignment that is not in compliance with this Article will be void
and be a material default by Licensee under this Master License without a requirement
for notice and a right to cure. The City’s acceptance of any License Fee, Additional Fee,
or other payments from a proposed Assignee will not be deemed to be the City’s
consent to such Assignment, recognition of any Assignee, or waiver of any failure of
Licensee or other transferor to comply with this Section16.
16.5.Assumption byTransferee
Each Assignee shall assume all obligations of Licensee under this Master License and
each assigned Pole License and will be and remain liable jointly and severally with
Licensee for all obligations to be performed by Licensee. No Assignment will be binding
on the City unless Licensee or the Assignee delivers to the City evidence satisfactory to
the City that the Assignee has obtained all Regulatory Approvals required to operate as
a wireless telecommunications service provider on the assigned License Area, a copy of
the Assignment agreement (or other document reasonably satisfactory to the City in the
event of a Permitted Assignment under Section 16.3 (Permitted Assignments)), and an
instrument in recordable form that contains a covenant of assumption by such Assignee
satisfactory in substance and form to the City, consistent with the requirements of this
Article. However, the failure or refusal of an Assignee to execute such instrument of
assumption will not release such Assignee from its liability as set forth in this Section.
Except for a Permitted Assignment as provided in Section 16.3 (Permitted
Assignments), Licensee shall reimburse the City on demand for any reasonable costs
that the City incurs in connection with any proposed Assignment, including the costs of
investigating the acceptability of the proposed Assignee and legal costs incurred in
connection with considering any requested consent. The City agrees that its right to
reimbursement under this Section during the Term will be limited to
Two Thousand Dollars ($2,000.00) for each request.
16.6 Licensee’s Customers
Licensee may provide capacity to Licensee's customers using, or permit such
customers to use, the Equipment installed by Licensee without the City's consent
required in this Section provided that (1) Licensee remains solely responsible for such
Equipment and (2) such use by Licensee or Licensee's customers does not involve any
physical changes to the Equipment other than changes permittedin writing by the City.
In any other case, Licensee may provide capacity to Licensee's customers using, or
permit such customers to use, the Equipment installed by Licensee upon prior written
notice to the City that (a) identifies the customer who will be using the Equipment and
the location(s) where such use will occur; and (b) includes the appropriate annual fee
for the additional carrier as specified in Schedule A-4, prorated to account for any partial
year. Thereafter, Licensee shall pay the additional carrier fee each year in the same
manner as the License Fee so long as the additional carrier continues to use the
Equipment. Notwithstanding anything in this Master License to the contrary, Licensee
shall not be required to pay any additional fee toallow Licensee's customers to use the
wireline portions of the Equipment for data transport, backhaul or similar services.
17.DEFAULT
17.1.Events of Default byLicensee
Any of the following will constitute an event of default by Licensee under this Master
License and any Pole Licenses issued under it: (1) Licensee fails to pay any sums due
to the City within 10 days after notice from the City; (2) Licensee fails to perform or
comply with any other obligation or representation made under this Master License, if
the failure continues for 30 days after the date of notice from the City, or, if such default
is not capable of cure within the 30-day period, Licensee fails to promptly undertake
action to cure such default within such 30-day period and thereafter fails to use its best
efforts to complete such cure within 60 days after the City’s notice; (3) Licensee
removes its Equipment or abandons the License Area for a continuousperiod of more
than 60 days, such that the License Area is longer being used for the Permitted Use; or
(3)any of the following occurs: (i) the appointment of a receiver due to Licensee’s
insolvency to take possession of all or substantially all of the assets of Licensee; (ii) an
assignment by Licensee for the benefit of creditors; or (iii) any action taken by or against
Licensee under any insolvency, bankruptcy, reorganization, moratorium, or other debtor
relief Laws, if any such receiver, assignment, or action is not released, discharged,
dismissed, or vacated within 60days.
17.2.City’sRemedies
In addition to all other rights and remedies available to the City at law or in equity,
the City will have the following remedies following the occurrence of an event of default
byLicensee.
17.2.1.LicenseContinuation
Without prejudice to its right to other remedies, the City may continue this Master
License and applicable Pole Licenses in effect, with the right to enforce all of its rights
and remedies, including theright to payment of License Fees, Additional Fees, and
other charges as they becomedue.
17.2.2.Pole LicenseTermination
If a default specific to one or more Pole Licenses is not cured by Licensee within the
applicable cure period, if any, specifiedin Section 17.1 (Events of Default by Licensee),
the City may terminate each Pole License in default.
17.2.3.Master LicenseTermination
If Licensee’s default is of such a serious nature in the City’s sole judgment that the
default materially affects the purposes of this Master License, the City may terminate
this Master License in whole or in part. Termination of this Master License in whole will
terminate all Pole Licenses issued under it automatically and without the need for any
further action by the City. In either case, the City will deliver notice to Licensee providing
30-days’ notice of termination and specify whether the termination affects the entire
Master License or only certain Pole Licenses in the notice. The City will specify the
amount of time Licensee will have to remove its Equipment from any affected City Pole,
which will be at least 30 days after the date of the City’s notice for up to 50% of licensed
City Poles and an additional 30 days for more than 51% of licensed City Poles. If
Licensee does not remove its Equipment within the specified period, the City will be
entitled to remove Licensee’s Equipment from the City Pole. The City will have the right
to make any terminated portion of the License Area available for license to other parties
as of the effective date of the termination, even if Licensee’s Equipment is still on the
Pole.
17.2.4.DefaultFees
Without limiting the City’s other rights and remedies under this Master License, the City
may require Licensee to pay Additional Fees for the City’s administrative cost in
providing notice or performing inspections for the events described below (each, a
“Default Fee”) by giving notice of the City’s demand that Licensee cure the default and
specifying the cure period. The Default Fee for the initial notice from the City will be due
and payable to the City 10 days after delivery of notice to Licensee. In addition, if
Licensee fails to cure the condition within the cure period set forth in the initial notice,
and the City then delivers to Licensee afollow-up notice requesting compliance, then
the Default Fee for the follow-up notice will be due and payable to the City 10 days after
delivery of the follow-up notice to Licensee. Default Fees will apply to any of the
following events: (1) Licensee constructs or installs any alteration or improvement
without the City’s prior approval as required by Section 6 (Pole Licenses), Section 7
(Equipment Installation), or Section 7.3.1 (Alterations to City’s Property) of this Master
License; (2) Licensee fails tocure damage required by Section 9 (Licensee’s
Maintenance Obligations) on a timely basis; (3) Licensee fails to notify the City, through
its project manager, before accessing the License Area or following the plan approval
procedures as set forth in Section 7 (Equipment Installation); or (4) Licensee fails to
provide evidence of the required bonds and insurance coverage described in Section 19
(Insurance) on a timelybasis.
17.3.Licensee’sRemedies
Licensee’s sole remedy for the City’s breach or threatened breach of this Master
License or any Pole License issued under it will be an action for damages, subject to
Section 20 (Limitations on City’s Liability).
17.4.Cumulative Rights andRemedies
All rights and remedies under this Master License are cumulative, except as otherwise
provided.
18.LICENSEE’S INDEMNIFICATIONOBLIGATIONS
To the maximum extent permitted by applicable Laws, Licensee, for itself and its
successors and assigns, shall indemnify, defend, protect and hold the City, its Agents,
Invitees and their respective heirs, legal representatives, successors and assigns (the
“Indemnified Parties”), harmless from and against any and all liabilities, losses, costs,
claims, judgments, settlements, damages, liens, fines, penalties and expenses, whether
direct or indirect, incurred in connection with or arising in whole or in part from: (1) death
or personal injury to any person or property damage or other loss that occurred on or
about the License Area or arises in connection with Licensee’s or its Agents’ or Invitees’
authorized or unauthorized uses on or about the License Area; (2) any failure or refusal
by Licensee to observe or perform any term, covenant or condition in this Master
License to be observed or performed on Licensee’s part; (3) Licensee’s or its Agents’ or
Invitees’ uses or occupancy, or manner of use or occupancy, of the License Area; (4)
any exposure to RF emissions or EMFs from Licensee’s Equipment or uses on or about
the License Area; (5) the License Area condition or any occurrence on or about the
License Area attributable to the events described in clauses (1), (2), (3) or (4) in this
Section 18; or (6) any act, omission or negligence of Licensee, its Agents or Invitees in,
on or about the License Area; all whether any negligencemay be attributed to the
Indemnified Parties or not, and all whether liability without fault is imposed or sought to
be imposed on the Indemnified Parties, but except to the extent that such Claim(s) arise
from the Indemnified Parties’ willful misconduct orgross negligence. Licensee’s
obligations under this Section 18 includes, without limitation, reasonable fees, costs and
expenses for attorneys, consultants and experts, and the City’s costs to investigate any
Claim. Licensee specifically acknowledges and agrees that it has an immediate and
independent obligation to defend the Indemnified Parties from any Claim that actually or
potentially falls within this Section 18, even when the allegations in such Claim are
groundless, fraudulent or false, and which obligation arises at the time the Indemnified
Parties tender such Claim to Licensee and continues at all times until such Claim’s final
resolution. Licensee’s obligations under this Section 18 will survive the expiration or
termination of this Master License.
19.INSURANCE
19.1.Licensee’sInsurance
As a condition to issuance of any Pole License, Licensee must provide proof of
compliance with the insurance requirements in this Section except to the extent the
City’s Risk Manager agrees otherwise.
19.1.1.RequiredCoverages
Licensee shall procure and keep in effect at all times during the Term, at Licensee’s
cost, insurance in the following amounts and coverages: (1) Commercial General
Liability insurance (including premises operations; explosion, collapse and underground
hazard; broad form property damage; products/completed operations; contractual
liabilitymeeting the indemnification obligations herein; independent contractors;
personal injury) with limits of at least $2 million combined single limit for each
occurrence; (2) Worker’s Compensation Insurance per California statutory limits with
Employer’s Liability Limits not less than $1 million each accident or disease; (3)
Commercial Automobile Liability Insurance with limit not less than $2 million each
occurrence combined single limit for bodily injury and property damage, including owned
and non-owned and hired vehicles.The required limits may be met by a combination of
primary and excess or umbrella insurance.
19.1.2.RequiredEndorsements
Commercial GeneralLiability Insurance and Commercial Automotive Liability Insurance
policies must contain the following endorsements: (1) name the City, its officers, agents,
employees and volunteers as additional insureds; (2) that such policies are primary
insurance to any other insurance available to the additional insureds with respect to any
Claims that arise in connection with this Master License; (3) that such insurance applied
separately to each insured against whom a Claim is made or brought, except with
respect tothe limits; (4) that such policies provide for the severability of interests and
that an act or omission of one of the named insureds that would void or otherwise
reduce coverage shall not void or otherwise reduce coverage as to any other named
insured; and (5) that such policies shall afford coverage for all Claims based on acts,
omissions, injury or damage that occurred or arose (or the onset occurred or arose) in
whole or in part during the policy period. Additional Insured Endorsement shall not
excludeproducts/completed operations.
19.1.3.CancellationNotices
All insurance policies required to be maintained by Licensee under this Master License
shall be endorsed to provide written notice of cancellation by the insurer for any reason,
other than non-payment of premium to the City. In the event that Licensee receives a
notice of intent to cancel or notice of cancellation for non-payment or reduction of any
coverage required under this Master License, Licensee shall forward such notice to the
City within two business daysand promptly take action to prevent cancellation, reinstate
cancelled coverage or obtain coverage from a different insurer qualified under Section
19.1.7.
19.1.4.Claims-MadePolicies
In the event that any required insurance under this Master License is provided under a
claims-made form, Licensee shall continuously maintain such coverage throughout the
Term and, without lapse, for three years after this Master License expires or terminates,
to the effect that, should any event during the Term give rise to a Claim brought after
this Master License expires or terminates, such Claims will be covered under Licensee’s
claims-madepolicies.
19.1.5.General AggregateLimit
The general aggregate limit for any required insurance under this Master Licensemust
be double the per-occurrence or Claims limits specified in Section 19.1 when coverage
includes a general annual aggregate limit or provides that Claims investigation or legal
defense costs will be included in such general annual aggregate limit.
19.1.6.Certificates
On or before the Effective Date, Licensee shall deliver to the City all insurance
certificates and additional insured endorsements from Licensee’s insurance providers in
a form reasonably satisfactory to the City that evidences all the required coverages
under this Master License. In addition, Licensee shall promptly deliver to the City all
certificates and endorsements required hereinafter Licensee receives a request from
the City.Upon request, Licensee shall make copies of complete policies available for
review at the Licensee’s place of business.
19.1.7.InsurerQualifications
Licensee’s insurance providers must be licensed to do business in California and must
meet or exceed an A.M. Best’s Key Rating A-X or its equivalent.
19.1.8.EffectiveDates
The City shall not authorize Licensee to install any Equipment on any Pole until and
unless all insurance coverages required to be carried by Licensee under this Master
License have been obtained. Licensee shall ensure that all insurance coverages
required to be carried by Licensee under this Master License remain in effect at all time
until all Equipment has been removed from the License Area. The requirements in this
Section 19.1.8 (Effective Dates) shall survive the expiration or termination of this Master
License.
19.1.9.Licensee’s Self-InsuranceAlternative
Licensee shall not be permitted to meet its insurance obligations under this Master
License through self-insurance without prior written consent from the City, which the
City may withhold in its sole discretion for any or no reason. In the event that the City
consents to allow Licensee to self-insure as an alternative insurance program, such
consent will not be deemed an amendment or implied waiver to any other requirement
in this Master License. Any amendment to any insurance requirement must be in a
written agreement.
19.1.10.No Limitation on IndemnificationObligations
Licensee’s insurance obligations under this Section 19 in no way relieves or decreases
Licensee’s liability under Section 18 (Licensee’s Indemnification Obligations) or any
other provision in this Master License.
19.1.11.Right toTerminate
The City may elect, in its sole and absolute discretion, to terminate this Master License
on written notice to Licensee if Licensee allows any required insurance coverage to
lapse and does not reinstate the lapsed insurance coverage within three days after
Licensee receives such written notice.
19.2.City’sInsurance
Licensee acknowledges that the City self-insures against casualty, property damage
and publicliability risks. The City agrees to maintain an adequate program of self-
insurance for public liability risks during the Term and will not be required to carry any
third party insurance with respect to the License Area orotherwise.
19.3.SubrogationWaiver
The City and Licensee each hereby waives any right of recovery against the other
party for any loss or damage sustained by such other party with respect to the License
Area or any portion thereof or the contents of the same or any operation therein,
whether or not such loss is caused by the fault or negligence of such other party, to the
extent such loss or damage is covered by insurance obtained by the waiving party
under this Master License or is actually covered by insurance obtained by the waiving
party. Each waiving party agrees to cause its insurers to issue appropriate waiver of
subrogation rights endorsements to all policies relating to the License Area, but the
failure to obtain any such endorsement will not affect the waivers in thisSection.
19.4.Contractors’ Insurance
Licensee shall provide of evidence of insurance for all contractors that install, maintain,
repair, replace or otherwise perform any work on or about the License Area as
determined by Licensee in accordance with its qualified vendor insurance requirement.
20.LIMITATIONS ON THE CITY’SLIABILITY
20.1.General Limitations on the City’sLiability
The City is not responsible or liable to Licensee for, and Licensee hereby waives all
Claims against the City and its Agents and releases the City and its Agents from, all
Claims from any cause (except to the extent caused by the gross negligenceor willful
misconduct of the City and its Agents), including acts or omissions of persons using the
sidewalk or street adjoining or adjacent to or connected with the License Area; utility
interruption; theft; burst, stopped or leaking water, gas, sewer or steam pipes; or gas,
fire, oil, or electricity in, flood, or vehicle collision on or about the License Area or other
City Property.
20.2.ConsequentialDamages
Licensee expressly acknowledges and agrees that the License Fees and Additional
Fees payable under this Master License do not take into account any potential liability of
the City for consequential or incidental damages. The City would not be willing to enter
into this Master License or issue any Pole Licenses in the absence of a complete waiver
of liability, to the fullest extent permitted by Law, for consequential or incidental
damages due to the acts or omissions of the City or its Agents, and Licensee expressly
assumes the risk with respect thereto. Accordingly, without limiting any Indemnification
obligations of Licensee or other waivers contained in this Master License and as a
material part of the consideration for this Master License, Licensee fully releases,
waives and discharges forever any and all Claims against the City for consequential and
incidental damages arising out of this Master License or any Pole License, including lost
profits arising from the disruption to Equipment, any interference with uses conducted
by Licensee under this Master License and Pole Licenses, regardless of the cause, and
whether or not due to the active or passive negligence or willful misconduct of the City
or its Agents, and covenants not to sue for such damages the City, and the City’s other
departments, and all City agencies, officers, directors and employees, and all persons
acting by, through or under each ofthem. Without limiting any Indemnification
obligations of Licensee or other waivers contained in this Master License, in no event
shall Licenseebe liable to the Cityfor any special, consequential or indirect damages.
20.3.No RelocationAssistance
This Master License creates no right in Licensee to receive any relocation assistance or
payment for any reason under the California Relocation Assistance Law (Cal. Gov.
Code §§ 7260 et seq.), the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (42 U.S.C. §§ 4601 et seq.) or similar Law upon any termination
of occupancy except as provided in Section 15 (Condemnation). To the extent that any
relocation law may apply, Licensee waives, releases and relinquishes forever any and
all Claims that it may have against the City for any compensation from the City except
as specifically provided in this Master License upon termination of its occupancy of all or
any part of the LicenseArea.
20.4.Non-Liability for City Officials, Employees andAgents
No elective or appointive board, agency, member, officer, employee or other Agent
of the City will be personally liable to Licensee, its successors and
assigns, in the eventof any default or breach by the City or for any amount which may
become due to Licensee, its successors and assigns, or for any obligation of the City
under this MasterLicense.
20.5.Licensee’sWaiver
Licensee acknowledges the City’s rights under this Section and waives
any Claims arising from the exercise of their rights. In connection with the preceding
sentence and releases and waivers under Section 8.1 (City’s Access to License Areas),
Section 9.1.3 (No Right to Repair), Section 13.1(Compliance with Current and Future
Laws), Section 14.1.1 (Election to Repair or Replace Damaged Pole), Section 15.1.3
(No Statutory Right to Terminate), Section 19.3 (Subrogation Waiver), Section 20.1
(General Limitations on City’s Liability), Section 20.2 (Consequential Damages), Section
20.3 (No Relocation Assistance), Section 23.3 (Application) and any other waiver by
Licensee under this Master License, Licensee acknowledges that it is familiar with
section 1542 of the California Civil Code, which reads:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THEDEBTOR.
Licensee realizes and acknowledges that the waivers and releases contained in this
Master License include all known and unknown, disclosed and undisclosed, and
anticipated and unanticipated Claims. Licensee affirms that it has agreed to enter into
this Master License in light of this realization and, being fully aware of this situation, it
nevertheless intends to waive the benefit of California Civil Code section 1542 and any
similar Law. The releases and waivers contained in this Master License will survive its
expiration or earlier termination.
21.RECORDS
21.1.AccountingRecords
Licensee shall maintain throughout the Term and for at least three years after this
Master Agreement expires or terminates the following records in physical format at
Licensee’s place of business within San Diego County and in an electronic format: (1)
site identification and location for all Poles under active Pole Licenses; (2) the amount
and payment date for all License Fees paid to the City pursuant to this Master License;
(3)all Regulatory Approvals issued in connection with the Equipment on Poles; and (4)
all correspondence with the City in connection with any matter covered under this
Master License. The City, or its designee, will have the right to inspect andaudit
Licensee’s records at Licensee’s place of business during regular business hours on 10
days’ notice to Licensee.
21.2.EstoppelCertificates
Licensee, at any time and from time-to-time on not less than 30 days’ notice from the
City, shall execute, acknowledge and deliver to the City or its designee, a certificate of
Licensee stating: (a) that Licensee has accepted the License Area (or, if Licensee has
not done so, that Licensee has not accepted all or any part of the License Area and
specifying the applicable portions of the License Area and reasons for non-acceptance);
(b) the Commencement Dates of any Pole Licenses then in effect; (c) the Effective Date
and Expiration Date of this Master License; (d) that this Master License and Pole
Licenses are unmodified and in full force and effect or, if modified, the manner in which
they are modified; (e) whether any defenses then exist against the enforcement of any
of Licensee’s obligations under this Master License (and if so, specifying the same);(f)
whether any of the City’s obligations under this Master License are outstanding (and if
so, identifying any City obligations that Licensee believes that the City has failed to
meet); (g) the dates, if any, to which the License Fees and Additional Feeshave been
paid; and (h) any other information that may be reasonably required by any such
persons.
22.RULES ANDREGULATIONS
At all times throughout the Term, Licensee shall faithfully comply with any and all
reasonable rules, regulations and instructions that the City may from time-to-time
establish and/or amend with respect to the License Area.
23.SECURITYDEPOSIT
23.1.Amount
At the time Licensee tenders to the City the first Acknowledgement Letter, Licensee
must also tender to the City for deposit a sum equal to Four Thousand and 00/100
Dollars($4,000.00) (the “Security Deposit”) to secure Licensee’s faithful performance
of all terms, covenants and conditions in this Master License and any PoleLicense.
23.2.FurtherDeposits
In the event that the City applies or uses the Security Deposit in whole or in part to cure
any default by Licensee under this Master License or any Pole License, Licensee shall
replenish the Security Deposit in the amount and on the date specified in a written
notice to Licensee. The City may, in the City’s reasonable judgment, require Licensee to
increase the Security Deposit amount from time-to-time when the City determines that
Licensee’s past acts or omissions in connection with the License Area warrants
additionalsecurity.
23.3.Application
Licensee agrees that the City may use the Security Deposit in whole or in part to
remedy any damage to the License Area caused by Licensee, its Agents or Invitees or
any failure by Licensee to perform any term, covenant or condition in this Master
License or any Pole License (including without limitation any failure to pay any License
Fee or other sums due under this Master License or any Pole License either before or
after any default). In the event that the City uses the Security Deposit inwhole or in part,
the City will not be deemed to have waived any rights under this Master License, or
legal or equitable rights whatsoever. Licensee expressly waives any rights it may have
under California Civil Code section 1950.7 or any similar Law and agrees that the City
may retain from the Security Deposit any portion reasonably necessary to compensate
the City for any foreseeable or unforeseeable loss or damage caused by Licensee’s, its
Agents’ or Invitee’s acts oromissions.
The City’s obligations with respect to the Security Deposit shall be in the nature of a
debtor, and the City shall not be deemed to hold the Security Deposit in trust for any
reason. The City may (but shall not be obligated to) keep the Security Deposit separate
from general funds. Licensee shall not be entitled to any interest on the Security
Deposit.
24.SURRENDER OF LICENSEAREA
24.1.Surrender
No later than 30 days after the Expiration Date or other termination of this Master
License or any Pole License, Licensee shall peaceably remove its Equipment from the
applicable portion of the License Area and surrender it to the City in good order and
condition, normal wear and tear excepted, free of debris and hazards, and free and
clear of all liens and encumbrances. Immediately before the Expiration Date or other
termination of this Master License, Licensee shall remove all of Licensee's Equipment
except for any fiber optic cable to which the City will obtain title under Section 7.8 (Title
to Licensee’s Equipment and Other Improvements) and repair any damage resulting
from the removal. Licensee’s obligations under this Section 24.1 will survive the
Expiration Date or other termination of this MasterLicense.
24.2.Abandonment
At its option, the City may deem any items of Licensee’s Equipment that remain on a
City Pole or otherwise on the License Area or other City Property more than 30 days
after the Expiration Date of this Master License to be abandoned and in such case the
City may dispose of the abandoned Equipment in any lawful manner after expiration of
a 60-day period initiated by the City’s notice to Licensee to remove the Equipment.
Licensee agrees that California Civil Code sections 1980 et seq. and similar provisions
of the Civil Code addressing abandoned property by residential or commercial tenants
do not apply to any abandonedEquipment.
24.3.HoldingOver
Any holding over after the Expiration Date with the express consent of the City will be
construed to automatically extend the Term of this Master License for a period ofone
License Year at a License Fee equal to 150% of the License Fee in effect immediately
before the Expiration Date, and the Master License otherwise will be on its express
terms and conditions. Any holding over without the City’s consent will be a default by
Licensee and entitle the City to exercise any or all of its remedies, even if the City elects
to accept one or more payments of License Fees, Additional Fees or other amounts
payable to the City from Licensee after the Expiration Date.
25.HAZARDOUSMATERIALS
25.1.Hazardous Materials in LicenseArea
Licensee covenants and agrees that neither Licensee nor any of its Agents or Invitees
shall cause or permit any Hazardous Material to be brought upon, kept, used, stored,
generated, disposed of or Released in, on, under or about the License Area or any
other part of City Property, or transported to or from any City Property in violation of
Environmental Laws, except that Licensee may use small quantities of Hazardous
Materials as needed for routine operation, cleaning and maintenance of Licensee’s
Equipment that are customarily used for routine operation, cleaning and maintenance of
such equipment and so long as all such Hazardous Materials are contained, handled
and used in compliance with Environmental Laws. Licensee shall immediately notify the
City if and when Licensee learns or has reason to believe any Release of Hazardous
Material has occurred in, on, under or about the License Area or other CityProperty.
25.2.Licensee’s EnvironmentalIndemnity
If Licensee breaches any of its obligations contained in this Section, or if any act,
omission, or negligence of Licensee or any of its Agents or Invitees results in any
contamination of the License Area or other City Property, or in a Release of Hazardous
Material from,on, about, in or beneath any part of the License Area or other City
Property, or the violation of any Environmental Law, then Licensee, on behalf of itself
and its successors and assigns, shall indemnify, defend and hold harmless the City,
including its Agents, and their respective successors and assigns from and against any
and all Claims (including damages for decrease in value of the License Area or other
City Property, the loss or restriction of the use of usable space in the License Area or
other CityProperty and sums paid in settlement of Claims, attorneys’ fees, consultants’
fees, and experts’ fees and related costs) arising during or after the Term of this Master
License relating to such Release or violation of Environmental Laws; provided, however,
Licensee shall not be liable for any Claims to the extent such Release was caused by
the gross negligence or willful misconduct of the City or its Agents. Licensee’s
Indemnification obligation includes costs incurred in connection with any activities
required to Investigate and Remediate any Hazardous Material brought onto the
License Area or other City Property by Licensee or any of its Agents or Invitees and to
restore the License Area or other City Property to its condition prior to Licensee’s
introduction of such Hazardous Material or to correct any violation of Environmental
Laws. Licensee specifically acknowledges and agrees that it has an immediate and
independent obligation to defend the City and the other Indemnified Parties from any
Claim that actually or potentially falls within this Indemnity provision even if the
allegations supporting the Claim are or may be groundless, fraudulent, or false, which
obligation arises at the time such Claim is tendered to Licensee by the Indemnified
Party and continues until the Claim is finally resolved. Without limiting the foregoing, if
Licensee or any of its Agents or Invitees causes the Release of any Hazardous Material
on, about, in, or beneath the License Area or other City Property, then in any such event
Licensee shall, immediately, at no expense to any Indemnified Party, take any and all
necessary actions to return the License Area or other City Property, as applicable, to
the condition existing prior to the Release of any such Hazardous Materials on the
License Area or other City Property or otherwise abate the Release in accordance with
all Environmental Laws, except to the extent such Release was caused by the gross
negligence or willful misconduct of the City or its Agents. Licensee shall afford the City a
full opportunity to participate in any discussions with Regulatory Agencies regarding any
settlement agreement, cleanup or abatement agreement, consent decree or other
compromise or proceeding involving HazardousMaterial.
26.TERMINATION
26.1.Termination for Failure to Obtain RegulatoryApprovals
In the event that Licensee cannot obtain all Regulatory Approvals required for any Pole
License after six months from the subject Pole License effective date, then either the
City or Licensee may terminate that Pole License on 60 days’ notice to the other party
delivered within 10 days after said six-month period elapses. The parties agree that the
Commencement Date will be deemed to have not occurred for any Pole License
terminated under this section, and Licensee will have no obligation to pay the applicable
License Fee for that Pole License.
26.2.Licensee’s TerminationRights
26.2.1.Master License TerminationRights
Licensee may, in Licensee’s sole discretion, elect not to extend this Master License at
the end of the initial ten (10) year term or any subsequent extension terms with at least
one (1) year’s written notice to the City at any time after the Effective Date. Licensee
may not terminate this Master License during the initial ten (10)year term except as
expressly provided in this Master License.
26.2.2.Pole License TerminationRights
Licensee may, in Licensee’s sole discretion, terminate any Pole License on 90 days’
written notice to the City at any time after 12 months from the subject Pole License
Commencement Date so long as Licensee is not in default with respect to the subject
Pole License.
26.2.3.Termination Rights after PoleReplacement
In the event that the City exercises its absolute right to replace any Pole, the City shall
make a reasonable effort to provide Licensee with at least 60 days’ notice. The City’s
failure to provide at least 60 days’ notice prior to any Pole replacement shall not affect
the City’s rights under this Master License. Within 90 days after Licensee receives
notice from the City, Licensee may elect to either (1) install Licensee’s Equipment on
the replacement Pole at Licensee’s sole cost and expense or (2) terminate the
applicable Pole License as to the replacementPole.
26.3.City’s Absolute Right to Terminate PoleLicenses
The City has the absolute right to terminate any or all Pole Licenses on 30 days’ written
notice to Licensee when the City determines, in the City’s sole discretion, that
Licensee’s continued useof the License Area adversely affects or threatens public
health and safety, constitutes a nuisance, interferes with the City’s municipal functions
or requires the City to maintain a Pole no longer necessary for the City’spurposes.
26.4.Licensee’s Rights afterTermination
In the event that the City terminates any Pole License for reasons unrelated to
Licensee’s failure to perform its obligations under this Master License, the City shall
refund any pre-paid Licensee Fee on a pro-rata basis. In addition, the City shall
prioritize Licensee’s Pole License Application for any Pole License to replace the
terminated Pole License; provided, however, that (1) the City shall prioritize only as
many Pole License Applications as Pole Licenses terminated by the City and (2) the
City’s prioritization will not affect Licensee’s obligations under this MasterAgreement.
27.INTERFERENCE
27.1.Licensee’s Obligation Not to CauseInterference
Licensee will not operate or maintain its Equipment in a manner that interferes with or
impairsother communication (radio, telephone and other transmission or reception) or
computer equipment lawfully used by any person, including the City or any of its Agents.
Such interference will be an event of default under this Master License by Licensee, and
upon notice from the City, Licensee shall be responsible for eliminating such
interference promptly and at no cost to the City. Licensee will be required to use its best
efforts to remedy and cure such interference with or impairment of City operations. If
Licensee does not cure the default promptly, the parties acknowledge that continuing
interference may cause irreparable injury and, therefore, the City will have the right to
bring an action against Licensee to enjoin such interference or to terminate all Pole
Licenses where the Equipment is causing interference or impairment, at the City’s
election.
27.2.Impairment Caused by Change in CityUse
If any change in the nature of the City’s use of the License Area during the Term results
in measurable material adverse impairment to Licensee’s normal operation of its
Equipment making it necessary to alter the Equipment to mitigate the adverse effect,
Licensee shall notify the City and provide evidence of the claimed impairment. Upon
receipt ofsuch notice, the City will have the right to make its own reasonable
determination and, if it agrees with Licensee, investigate whether it can reasonably and
economically mitigate that interference. The City will provide notice to Licensee of the
City’s determination.
If the City determines in its sole discretion that mitigation is feasible and can be
achieved for a reasonable cost in the City’s reasonable judgment, the City’s notice will
specify when the City will mitigate the adverse effect. The City’smitigation will effect a
cure, and the City will not be liable to Licensee in any other way or be required to take
any other measures with respect to the Equipment.
If the City determines in its sole discretion that mitigation is not feasible or cannot be
achieved for a reasonable cost in the City’s reasonable judgment, Licensee may elect
either to: (1) terminate the Pole License as to the affected City Pole and receive a
ratable reduction in the License Fee; or (2) take steps itself at its own cost to mitigate
the adverse effect and continue to operate the Equipment on the City Pole, and receive
from the City a waiver of the License Fee for the first six months of the following License
Year under the affected Pole License to offset the cost ofmitigation.
Licensee agrees that the City’s temporary and partial abatement or waiver of the
License Fee under this Section 27.2 will be the only compensation due to Licensee for
costs incurred or otherwise arising from the adverse effect as liquidated damages fully
compensating Licensee for all Claims that may arise or be related to the adverse
effects. Under no circumstances may the City be required to alter its operations at the
identified City Pole or provide a replacement City Pole toLicensee.
27.3.Impairment Caused by CityAccess
Licensee agrees that it will not be entitled to any abatement of License Fees if the City
exercises its rights of access under Section 8.1 (City Access to License Area) unless
the City’s activities cause Licensee to be unable to operate Equipment on the License
Area for its permitted use for a period of more than 10 days, in which case, subject to
proof, License Fees will be abated ratably for the entire period that Licensee is unable
to operate any Equipment on any affected CityPole.
28.MISCELLANEOUSPROVISIONS
28.1.Notices
Except as may be specifically provided otherwise in this Master License, all notices,
demands or other correspondence required to be given under this Master License must
written and delivered through (1) an established national courier service that maintains
delivery records and confirmations; (2) hand delivery; or (3) certified or registered U.S.
Mail with prepaid postage and return receipt requested, and addressed as follows:
TOCITY:Department ofEconomicDevelopment
Attn: RickRyals
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5118
Email: rryals@chulavistaca.gov
with a copyto:CityAttorney
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5037
Facsimile: (619) 409-5823
Email: cityattorney@ci.chula-vista.ca.us
TOLICENSEE:
All notices under this Master License will be deemed to have been delivered: (i) five
days after deposit if delivered by first class mail; (ii) two days after deposit if delivered by
certified mail; (iii) the date delivery is made by personal delivery or overnight delivery; or
(iv) the date an attempt to make delivery fails because a party has failed to provide
notice of a change of address or refuses to accept delivery. Telephone, facsimile and
email information are provided for convenience and for couriers who may require such
information, and any notice given solely through electronic means will not be deemed to
beeffectivenotice.Anycopiesrequiredtobegivenconstituteanadministrativestep
and not actual notice. The parties may change the notice addresses above from time-to-
time through written notice to the addresses above or the then-current notice address.
28.2.Waiver; No ImpliedWaivers
No failure by either party to insist upon the strict performance of any obligation of the
other under this Master License or to exercise any right, power or remedy arising out of
a breach thereof, irrespective of the length of time for which such failure continues, will
constitute a waiver of such breach. No acceptance by the City or any its Agent of full or
partial payment of License Fees or Additional Fees during the continuance of any such
breach will constitute a waiver of such breach or of the City’s right to demand strict
compliance with such term, covenant or condition, or operate as a waiver of any
requirement of this Master License. No express waiver by either party of any default or
the performance of any provision hereof will affect any other default or performance, or
cover any other period of time, other than the default, performance or period of time
specified in such express waiver. One or more waivers of a default or the performance
of any provision hereof by either party will not be deemed to be a waiver of a
subsequent default or performance. The City’s consent given in any instance under the
terms of this Master License will not relieve Licensee of any obligation to secure the
City’s consent in any other or future instance under the terms of this MasterLicense.
28.3.Amendments
No part of this Master License (including all Pole Licenses) may be changed, waived,
discharged or terminated orally, nor may any breach thereof be waived, altered or
modified, except by a written instrument signed by both parties.
28.4.Interpretation
The following rules of interpretation apply to this Master License.
28.4.1.General
Whenever required by the context, the singular includes the plural and vice versa; the
masculine gender includes the feminine or neuter genders and vice versa; and defined
terms encompass all correlating forms of the terms (e.g., the definition of “indemnify”
applies to “indemnity,” “indemnification,” etc.).
28.4.2.Multi-partyLicense
In the event that the City provides consent, which the City may withhold for any or no
reason, to enter into this Master License with more than one Licensee, the obligations
and liabilities under this Master License imposed on Licensee will be joint and several
among them.
28.4.3.Captions
The captions preceding the sections of this Master License and in the table of contents
have been inserted for convenience of reference and such captions in no way define or
limit the scope or intent of any provision of this Master License.
28.4.4.CityActions
All approvals, consents or other determinations permitted or required by the City under
this Master License will be made by or through the Public Works Director/City Engineer
or his or her designee, unless otherwise provided inthis Master License or by the City
Charter, Municipal Code or any City ordinance.
28.4.5.Words ofInclusion
The use of the term “including,” “such as,” or words of similar import when following any
general or specific term, statement or matter may not be construed to limit the term,
statement or matter to the stated terms, statements or matters, whether or not language
of non-limitation, such as “including, but not limited to” and “including without limitation”
are used. Rather, the stated term, statement or matter will be interpreted to refer to all
other items or matters that could reasonably fall within the broadest scope of the term,
statement or matter.
28.4.6.Laws
References to all “Laws,” including specific statutes, relating to the rights and
obligationsof either party mean the Laws in effect on the Effective Date and as they are
amended, replaced, supplemented, clarified, corrected or superseded at any time while
any obligations under this Master License or any Pole License are outstanding, whether
or not foreseen or contemplated by theparties.
28.5.Successors andAssigns
The terms, covenants and conditions contained in this Master License bind and inure to
the benefit of the City and Licensee and, except as otherwise provided herein, their
successors and assigns.
28.6.Brokers
Neither party has had any contact or dealings regarding the license of the License Area,
or any communication in connection therewith, through any licensed real estate broker
or other person who could claim a right to a commission or finder’s fee in connection
with the license contemplated herein (“Broker”), whose commission, if any is due, is to
be paid pursuant to a separate written agreement between such Broker and the party
through which such Broker contracted. In the event that any Broker perfects a claim for
a commission or finder’s fee based upon any such contact, dealings or communication,
Licensee shall indemnify the City from all Claims brought by the Broker. This Section
will survive expiration or earlier termination of this MasterLicense.
28.7.Severability
If any provision of this Master License or the application thereof to any person, entity or
circumstance is invalid or unenforceable, the remainder of this Master License, or the
application of such provision to persons, entities or circumstances other than those as
to which it is invalid or unenforceable, will not be affected thereby, and each provision of
this Master License will be valid and be enforced to the full extent permitted by Law,
except to the extent that enforcement of this Master License without the invalidated
provision would be unreasonable or inequitable under all the circumstances or would
frustrate a fundamental purpose of this MasterLicense.
28.8.Governing Law;Venue
This Master License must be construed and enforced in accordance with thelaws of the
State of California and the City Charter, without regard to the principles of conflicts of
law. This Master License is made, entered and will be performed in the City of Chula
Vista, County of San Diego, State of California. Any action concerning this Master
License must be brought and heard in Superior Court for the County of San Diegoor in
the United StatesDistrict Courtfor the Southern District of California.
28.9.Time forPerformance
Provisions in this Master License relating to number of days mean calendar days,
unless otherwise specified. “Business day” means a day other than a Saturday, Sunday
or a bank or City holiday. If the last day of any period to give notice, reply to a notice, or
to undertake any other action occurs on a day that is not a business day, then the last
day for undertaking the action or giving or replying to the notice will be the next
succeeding business day. Time is of the essence with respect to all provisions of this
Master License in which a definite time for performance isspecified.
28.10.Survival
Expiration or earlier termination of this Master License will not affect the right of either
party to enforce any and all Indemnities and representations and warranties given or
made to the other party under this Master License, or any provision of this Master
License that expressly survives termination.
28.11.Recording
Licensee agrees not to record this Master License, any Pole License or any
memorandum or short form of any of them in the Official Records of the County of San
Diego.
28.12.Counterparts
This Master License may be executed in two or more counterparts, each of which will
be deemed an original, but all of which taken together will be one and the same
instrument.
28.13.ApprovalAuthority
Each person signing this Master License and any Pole License on behalf of Licensee
warrants and represents that: (i) he or she has the full right, power and capacity to act
on behalf of Licensee and has the authority to bind Licensee to the performance of its
obligations under those agreements without the subsequent approval or consent of any
other person or entity; (ii) Licensee is a duly authorized and existing entity; (iii) Licensee
is qualified to do business in California; and (iv) Licensee has full right and authority to
enter into this Master License and Pole Licenses. Upon the City’s request, Licensee
shall provide the City with evidence reasonably satisfactory to the City confirming the
representations and warrantiesabove.
28.14.Most Favored NationProvisions
Licensee shall report to the Cityat the City’s request, the terms of any agreement or
amendment to an existing agreement with any other public agency or public agencies
within San Diego Countyfor the same or substantially the same Permitted Use, that
contains a fee or other significant financial benefit greater than the License Fee or other
significant financial benefit to the City contained in this Master License or any Pole
License. Licensee shall also report about such other provisions which may be beneficial
to Licensee. If the City decides the fee or other significant financial benefit should be
incorporated into this Master License and any Pole License issued under this Master
License, such change shall be provided for by an amendment in a form reasonably
acceptable to both the City and Licensee; any such change shall not be considered a
renewal or enlargement of this Master License.
\[END OF MASTER LICENSE –SIGNATURES APPEAR ON NEXT PAGE\]
The City and Licensee executed this Master License as of the date last written below:
THECITY:LICENSEE:
City of ChulaVista,
a Californiamunicipalcorporation
By:By:
Its:CityManagerIts:
Date:Date:
APPROVED AS TO FORM:
By:_
Glen R.Googins
City Attorney
Date:
APPROVED BY CITY COUNCIL
RESOLUTION No. \[insert\]
ATTEST:
By:
Kerry Bigelow
City Clerk
Date:
\[END OF SIGNATURE –EXHIBITS AND SCHEDULES APPEAR ON NEXT PAGE\]
EXHIBIT A
FORM OF POLE LICENSE AGREEMENT
MLA NO. \[INSERT\]
POLE LICENSE NO. \[INSERT NUMBER IN CONSECUTIVE ORDER\]
Pursuant to that certain Master License between the City of Chula Vista, a California
chartered municipal corporation (the “City”) and _________________________
(“Licensee”), Licensee submits to the City two partially executed counterparts of this
Pole License, together with all the materials listed below, as its Pole License Application
in accordance with Section 6 under the Master License:
1.Exhibit A-1, which designates all Pole Locations that Licensee seeks to be
included in the License Area under this PoleLicense;
2.Exhibit A-2, which includes complete, detailed and final plans and specifications
for all Licensee’s Equipment to be installed in the License Area, subject to
RegulatoryApprovals;
3.an Pole License Processing Fee equal to\[$1,000 multiplied by the number of pole
locations\];
4.an RF Compliance Report, if not previouslyprovided;
Licensee acknowledges that: (1) this Pole License will not be effective until the City
returns a fully executedcopy to Licensee; (2) the City may require Licensee to
supplement the Administrative Fee on conditions specified in Section 4.2 under the
Master License; (3) Licensee will not have the right to access or install Equipment on
the License Area until after Licensee has: (a) submitted a complete Acknowledgment
Letter to the City with all information and funds required, which includes the applicable
License Fee specified in Schedule A-4; (b) submitted insurance information to the City
as specified in Exhibit A-3; and (c) the City has provided notice to proceed by returning
to Licensee a countersigned copy of the AcknowledgmentLetter.
This Pole License is executed and effective on the last date written below and, upon full
execution will be the City’s authorization for the City to begin its review of the Pole
Locations and plans and specifications proposed in this Pole License application.
\[Signatures begin on next page\]
THECITY:LICENSEE:
City of ChulaVista,
a Californiamunicipalcorporation
By:By:
Its:Its:
Date:Date:
EXHIBIT A-1
POLE LOCATIONS / LICENSE AREA
MLANo./ Pole LicenseNo.
\[Licensee to list all proposed Pole Locations requested in this Pole License Application\]
EXHIBIT A-2
LICENSEE’S PLANS AND SPECIFICATIONS
MLANo./ Pole LicenseNo.
\[Licensee to attach all plans and specifications for all Equipment proposed to be
installed at all proposed Pole Locations\]
EXHIBIT A-3
FORMOF ACKNOWLEDGEMENT LETTER
\[Licensee to complete and submit with Pole License Application or upon obtaining all
Regulatory Approvals\]
\[insert date\]
\[insert addressee information\]
RE:MLANo./ Pole LicenseNo.
Dear City Manager:
This letter will confirm the following: (1) that Licensee has obtained all the Regulatory
Approvals required for the Permitted Use under this Pole License, and (2) the
Commencement Date of this Pole License is \[insert date\], which is the first day of the
month after Licensee obtained all Regulatory Approvals.
This letter also confirms that Licensee has submitted all required insurance and bond
information to the City. A check for the full Security Deposit (if not already provided)
and the License Fee for the first License Year of this Pole License is enclosedherewith.
Please acknowledge the City’s receipt of this letter and the items listed below, and issue
the City’s approval for Licensee to begin installation of Equipment on the License Area
by signing and returning a copy of this letter.
Sincerely,
\[insert name\]
\[insert title\]\[Intentionally deleted\]
\[Acknowledgement signature on next page\]
Acknowledgment
By signing below, the City acknowledges receipt of this letter and the enclosures listed
below. Based upon receipt of the same, the City issues a notice to Licensee to proceed
with installation of the approved Equipment in strict accordance the Pole License and
the Master License as of the datebelow.
City of Chula Vista,
aCalifornia municipal corporation
By:
Its:
Date:
Enc.
\[ \] Executed Pole License
\[ \] Approved WTF Permit
\[ \] All other Regulatory Approvals
\[ \] Insurance certificates
\[ \] Contractor's bonds
\[ \] First License Year's License Fee
SCHEDULE A-4
ANNUAL LICENSE FEE AND DEFAULT FEE SCHEDULE
Pole License No.
Per Pole Fee 1 Additional 2 Additional
Year
CarrierFeeCarriersFee
1$1,500.00$2,000.00$2,500.00
2$
3$
4$
5$
6$
7$
8$
9$
10$
DEFAULT FEE SCHEDULE
EACH FOLLOW-UP
VIOLATIONINITIAL NOTICE
NOTICE
unauthorized installations$500$500
failure to make required $300$350
repairs
access violations$300$350
insurance violations$300$350
City of Chula Vista
Staff Report
File#:17-0440, Item#: 3.
A.RESOLUTIONOFTHEMUNICIPALFINANCINGAUTHORITYOFTHECITYOFCHULA
VISTASETTINGTHEDAYANDTIMEOFREGULARMEETINGSPURSUANTTO
GOVERNMENT CODE SECTION 54954(A)
B.RESOLUTIONOFTHEPUBLICFINANCINGAUTHORITYOFTHECITYOFCHULAVISTA
SETTINGTHEDAYANDTIMEOFREGULARMEETINGSPURSUANTTOGOVERNMENT
CODE SECTION 54954(A)
C.RESOLUTIONOFTHESUCCESSORAGENCYTOTHEREDEVELOPMENTAGENCYOF
THECITYOFCHULAVISTASETTINGTHEDAYANDTIMEOFREGULARMEETINGS
PURSUANT TO GOVERNMENT CODE SECTION 54954(A)
RECOMMENDED ACTION
Authorities and Agency adopt the resolutions.
SUMMARY
ApprovalofthisitemwillchangetheregularmeetingdaysfortheMunicipalFinancingAuthorityand
thePublicFinancingAuthorityfromthesamedaysandtimesasregularmeetingsoftheCityCouncil
tothefirstTuesdayofeachmonthat5:00p.m.Itwillalsochangethetimeofregularmeetingsofthe
SuccessorAgencytotheRedevelopmentAgency,whichareheldonthefirstTuesdayofeachmonth,
from2:00p.m.to5:00p.m.Thesechangeswillresultintheregularmeetingsoftheseagenciesbeing
heldoncepermonth,onthefirstTuesdayofeachmonth,at5:00p.m.,whichwillbeconcurrentwith
a regular City Council meeting.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical
changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
OnMarch15,2016,theMunicipalFinancingAuthority(MFA)andPublicFinancingAuthority(PFA)
(jointlythe“Authorities”)adoptedResolutionNos.MFA2016-001andPFA2016-001,respectively,
establishingtheirregularmeetingsonthesamedayandtimeofeachregularCityCouncilmeeting.
TheAuthoritiesnolongerhaveneedtomeetweeklyonaregularbasis.Theproposedresolutions
changetheregularmeetingdaytothefirstTuesdayofeachmonth.Regularmeetingswillcontinueto
be held concurrently with the City Council meeting, beginning at 5:00 p.m.
OnFebruary26,2013,theSuccessorAgencytotheRedevelopmentAgency(“SA”)adopted
ResolutionNo.SA2013-014,settingthedayandtimeofregularmeetingsasthefirstTuesdayof
eachmonthat2:00p.m.(or,immediatelyfollowingtheCityCouncilregularmeeting).Atthattime,
regularmeetingsoftheCityCouncilwereheldat2:00p.m.andweresubsequentlychangedto5:00
p.m.AdoptionoftheproposedresolutionalignsthetimeofregularSAmeetingswithregularCity
Council meetings.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,
section18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdetermininga
disqualifyingrealproperty-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.
Gov't Code § 87100, et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Aligningthestarttimes
oftheseagencies’regularmeetingsandreducingthefrequencyofregularmeetingswillhelp
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 thatthe Municipal Financing
Authorityset 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 Authorityno longer has need to meet four times
per monthon 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 byApproved as to form by
Kerry K. BigelowGlen R. Googins
City Clerk City Attorney
RESOLUTION NO. 2017-__________
RESOLUTION OF THE PUBLICFINANCING AUTHORITY
OF THE CITY OF CHULAVISTA SETTINGTHE DAYAND
TIMEOF REGULAR MEETINGSPURSUANT TO
GOVERNMENT CODE SECTION 54954(A)
WHEREAS,Government Code section 54954(a) requires thatthe Municipal Financing
Authorityset the time and place of its meetings via resolution adopted in open session; and
WHEREAS, the PublicFinancing 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 PublicFinancing Authorityno longer has need to meet four times per
month on a regular basis.
NOW, THEREFORE,BE IT RESOLVED by the PublicFinancing Authority of the
City of Chula Vista, that it sets the dayand timeof regular meetings as the first Tuesday of each
month at 5:00 p.m.
Presented byApproved as to form by
Kerry K. BigelowGlen R. Googins
City Clerk City Attorney
RESOLUTION NO. 2017-__________
RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCYOF THE CITY OF CHULA
VISTA SETTING THE DAY AND TIME OF REGULAR
MEETINGS PURSUANT TOGOVERNMENT CODE
SECTION 54954(A)
WHEREAS,Government Code section 54954(a) requires thatthe Successor Agency to
the Redevelopment Agencyset 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 firstTuesday 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 byApproved as to form by
Kerry K. BigelowGlen R. Googins
City Clerk City Attorney
City of Chula Vista
Staff Report
File#:17-0501, Item#: 4.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTING,IF
AWARDED,PRE-DISASTERMITIGATIONGRANTFUNDSANDHAZARDMITIGATIONGRANT
PROGRAMFUNDSFROMTHEFEDERALEMERGENCYMANAGEMENTAGENCY(FEMA)AND
THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Mitigationistheefforttoreducelossoflifeandpropertybyreducingtheimpactofdisasters.Hazard
mitigationactivitiesareaimedattakingactionnow-beforethenextdisaster-toreducehumanand
financialconsequenceslater.ThePre-DisasterMitigation(PDM)GrantandtheHazardMitigation
Grant Program (HMGP) fund projects that reduce the effects of future natural disasters.
TheCity’sgreatestthreat,asidentifiedintheadoptedSanDiegoCountyMulti-JurisdictionalHazard
MitigationPlan,iswildfire.TheCityofChulaVistapossessessignificantamountofwildlandurban
interface(WUI)whereresidentialorcommercialpropertiesarecontiguoustoopenspaceareas.The
residentialandcommercialpropertiesareatanincreasedriskofexposuretowildfireandcould
potentially be damaged if a wildfire occurred.
TheCityanditsresidentsbenefitbyaddressingandmitigatingknownthreats,suchaswildfire,and
implementingmitigationactivitiesthatcanreducetheimpactofdisasters.Inthecaseofwildfire,a
vegetationmanagementprogramthatprovidestherecommendedamountofdefensiblespace
between structures and open space areas would provide great benefit to the City and its residents.
TheCaliforniaGovernor’sOfficeofEmergencyServices(CalOES)releasedthePre-Disaster
MitigationGrantandtheHazardMitigationGrantProgram,$4millionand$3millionrespectivelyfor
eligibleprojects,witha25%costmatchfromawardees.WithsupportfromCityAdministration,Public
WorksandDevelopmentalServices,theFireDepartmentsubmittedprojectapplicationsforeach
grant to secure mitigation funds for vegetation management.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass4CategoricalExemptionpursuanttoSection15304(Minor
Alterations to Land) of the California Environmental Quality Act State Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
4CategoricalExemptionpursuanttoSection15304(MinorAlterationstoLand)oftheStateCEQA
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Guidelinesbecausetheprojectconsistsofvegetationmanagementtolimittheadverseeffectsoffire
on vegetation and property. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Since2000,SanDiegoCountyhasexperiencedhundredsofwildfires(>100acresinsize)thathave
burnedwelloveronemillionacres.TheOctober2003andOctober2007wildfiresweresignificant,
astheyforcedtheevacuationofover500,000SanDiegoCountyresidents,burnedthousandsof
structuresandhundredsofthousandsofacresandresultedinthelossoflife.Uncontrolledwildfires
poseasignificantthreattopublichealthandsafety,property,andcriticalinfrastructure,requiring
emergencymeasuresbetakeninresponse.Thesereasons,alongwithChulaVista’sabundant
vegetationthroughoutopenspaceareas,providedthebasisfortheCitytodeclarewildfiresasthe
greatestdisasterthreatfacingthecommunity.ThiswasformallydoneviaresolutionintheCity’s
adoptedMulti-Jurisdictional Hazard Mitigation Plan.
Throughoutourcommunity,thereisasignificantamountofwildlandurbaninterface(WUI)where
residentialorcommercialpropertiesarecontiguoustoopenspaceareas.ChulaVista’sWUIis
composedof1,000plusacres,among40firedepartmentdesignatedopenspaceareas,needing
routineinspectionalongwithvaryingdegreesofvegetationmanagement.Mostoftheopenspace
areasinthecenterofthecityareinneedofurgentbrushmanagement.Itisalsoimportanttonote
thatnotonlydoestheCityowntherespectiveopenspaceproperty,butthedistrictsestablishedto
maintaintheopenspaceareasarenotsupportedfinanciallytoperformtheminimumrequisite
vegetation management.
Firepreventioneffortsarethekeytolimitingtheadverseeffectsoffireonvegetationandproperty.
Understandingourcircumstances,theCityhastakenmanystepstobetterprepareforfuturewildfire
events:
Since2004,theFireDepartment’sFirePreventionDivisionrequiresFireProtectionPlans
(FPP)forallnewdevelopmentwhereopenspaceanddevelopmentintermix.TheseFPPs
evaluatetheopenspaceareas(e.g.,fueltypes,fueldensity,slopeaspect,weather)and
prescribedefensiblespaceparametersandconstructionrequirementstolimittheimpactsof
vegetationfires,shouldoneoccur.Thesenewlydevelopedareashaveongoingvegetation
managementperformedaspartofeachdevelopment’sCommunityFacilityDistrict.Further,
theFireDepartmenthasoperationallypre-plannedwildfirevegetationresponsespecificto
each of the designated open space areas.
TheFireDepartmentwaspreviouslysuccessfulinacquiringtwovegetationmanagement
grants that allowed for critical work to be done in two open space areas.
Currently,theCityisinthedraftstagesofcreatinganencroachmentpermitthatwouldafford
privatehomeownerspermissiontoperformvegetationmanagementontheCity’sopenspace
property.
Fromaneducationalstandpoint,theFireDepartmentadoptedandcustomizeda“Ready,Set,
Go!” wildfire education program.
TocontinuemitigatingtheCity’swildfirethreat,theFireDepartmentactivelypursuesopportunitiesto
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implementvegetationmanagementactivities.Mostrecently,theFireDepartmentbecameawareof
twonewgrantopportunitieswherevegetationmanagementisaneligibleactivity.TheCalifornia
Governor’sOfficeofEmergencyServices(CalOES)releasedthePre-DisasterMitigationGrantand
theHazardMitigationGrantProgram,$4millionand$3millionrespectivelyforeligibleprojects,with
a25%costmatchfromawardees.WithsupportfromCityAdministration,PublicWorksand
DevelopmentalServices,theFireDepartmentsubmittedprojectapplicationsforeachgranttosecure
mitigation funds for vegetation management.
Ifawarded,thesegrantfundswillallowtheCitytocompletethenecessaryvegetationmanagement
inseveralopenspaceareas.Thereareseventeen(17)openspaceareasidentifiedasthepriorityfor
vegetationmanagement(pleaseseeAttachment#2-CanyonGrantsAerial).Theinitialvegetation
managementactivitiesarethemostchallengingaspectasitrequiresthemostclearing.Followingthe
initialvegetationmanagement,theCitywillimplementamaintenancescheduledthatismuchmore
manageableintermsofcostandlabor.Cityforcesandcontractorswillbeabletoeffectivelymanage
thevegetationintheopenspaceareasandmaintaintherequireddefensiblespaceandbrush
management zones outlined in the City’s Multiple Species Conservation Plan (MSCP).
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthat,Councilmember
AguilarandMayorMaryCasillasSalashaverealpropertyholdingswithin500feetoftheboundaries
ofthepropertywhichisthesubjectofthisaction.Consequently,pursuanttoCaliforniaCodeof
RegulationsTitle2,sections18700and18702.2(a)(11),thisitempresentsadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.) for the above-identified member.
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Avegetation
managementsupportstheCitywidestrategytoenhancepreventioneffortsandpreparecommunities
fornaturaldisastersandotheremergencies.Establishingavegetationmanagementprogramwill
undoubtedlyenhancepreventioneffortsasitrelatestowildfiredamagetostructures,anditwillalso
lead to increased community awareness and education about the threat of wildfire.
CURRENT YEAR FISCAL IMPACT
Therearenocurrentyearfiscalimpacts.TheanticipatedawarddatesforbothgrantsisDecember
30, 2018 in fiscal year 2018-19.
ONGOING FISCAL IMPACT
FederalandStatehazardmitigationgrantsrequirea25%costmatch.TheCityhascommittedto
match25%ofanyfundsawarded.Afinalfundingsourcehasnotbeendeterminedasalloptionsare
stillbeingexplored;howeverpotentialfundingsourcesincludeadministrationfundingtypessuchas
theMeasurePFund,OpenSpaceDistrictFunds,andGeneralFundreserves.TheCitywillalsoseek
to maximize in-kind services to offset the City’s cost match requirement.
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Costmatchrequirementsare$1,153,125forthePDMgrantand$999,986.30fortheHMGPgrant,for
atotalof$2,153,111.Thegrantscarryperformanceperiodsof42and36monthsrespectively.The
City’s cost match will be divided over the life of the grants.
ATTACHMENTS
1.Canyon Grant Aerial
Staff Contact: Justin Gipson, Fire Division Chief
Marlon King, Emergency Services Coordinator
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO ACCEPT, IF AWARDED, PRE-DISASTER
MITIGATION GRANT FUNDS AND HAZARD MITIGATION
GRANT PROGRAM FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE
CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY
SERVICES (CAL OES)
WHEREAS, mitigation is the effort to reduce loss of life and property by reducingthe
impact of disasters, and hazard mitigation activities are aimed at taking action now—before the
next disaster—to reduce human andfinancial consequences later; and
WHEREAS, the City and its residents benefitby addressingand mitigatingknown
threats, such as wildfire, and implementingmitigation activities that can reducingthe impact of
disasters.In the case of wildfire, a vegetation management program that provides the
recommended amount of defensible space between structures and open space areas would
provide great benefit to the City and its residents; and
WHEREAS, the City is a stakeholder in the San Diego Multi-Jurisdictional Hazard
Mitigation Plan and has identified wildfire as the greatest risk to our communities. The City has
determined strategies to mitigate the impact of wildfires and is committed to implementing
mitigation measures that willstrengthen communities and prepare them for natural and/or
manmade disasters; and
WHEREAS, the City has applied for hazard mitigation funding through the California
Governor’s Office of Emergency Services (Cal OES) Pre-Disaster Mitigation Grant and the
Hazard Mitigation Grant Program to secure mitigation funds for vegetation management.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby adopt the resolution to accept, if awarded, Cal OES (State) hazard
mitigation funds from the Pre-Disaster Mitigation Grant and the Hazard Mitigation Grant.
Presented byApproved as to form by
Jim GeeringGlen R. Googins
Fire ChiefCity Attorney
City of Chula Vista
Staff Report
File#:17-0504, Item#: 5.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGAND
ADOPTINGTHE2017SANDIEGOCOUNTYMULTI-JURISDICTIONALHAZARDMITIGATION
PLAN AS IT RELATES TO THE CITY OF CHULA VISTA
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnApril19,2011,theChulaVistaCityCouncilapprovedandadoptedthe2010SanDiegoCounty
Multi-JurisdictionalHazardMitigationPlan(MJHMP).TheSanDiegoCountyOperationalArea(OA)
wasoneofthefirstintheStatetodevelopaplanonaregion-widebasis.ThisPlanwasapprovedby
theFederalEmergencyManagementAgency(FEMA)andtheStateofCaliforniaGovernor’sOfficeof
EmergencyServices(CalOES)inOctoberof2010.PerFederalandStateguidelines,jurisdictions
arerequiredtoupdatetheplaneveryfiveyears.In2014,theCountyofSanDiegoandthe
jurisdictionswithinthecountybeganrevisingtheMJHMP.StaffrecommendsthatCouncilapprove
theresolutionadoptingtheMJHMP.ThisplanadoptionisconsistentwithCouncil’sleadershipin
promoting coordinated regional efforts in hazard mitigation.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
reviewisrequired.Notwithstandingtheforegoing,theactivityqualifiesforanExemptionpursuantto
Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Environmental Determination
TheproposedactivityhasbeenreviewedforcompliancewiththeCaliforniaEnvironmentalQuality
Act(CEQA)andithasbeendeterminedthattheactivityisnota“Project”asdefinedunderSection
15378ofthestateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangeinthe
environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis
notsubjecttotheCEQA.Notwithstandingtheforegoingithasalsobeendeterminedthatthereisno
possibilitythattheactivitymayhaveasignificanteffectontheenvironment;therefore,pursuantto
Section15061(b)(3)oftheStateCEQAGuidelines,theactivityisnotsubjecttotheCEQA.Thus,no
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
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File#:17-0504, Item#: 5.
DISCUSSION
TheDisasterMitigationActof2000(the"Act"),signedintolaw(PublicLaw106-390)onOctober30,
2000,requiresalljurisdictionstohaveanapprovedhazardmitigationplaninplaceinordertoqualify
forpre-and-postdisaster/hazardmitigationfunds.Alocalmitigationplanisalsorequiredfornon-
emergencyassistanceprovidedundertheStaffordActfollowingaPresidentialdeclareddisaster,
includingpublicassistancerestorationofdamagedfacilities(CategoriesCthroughG)andHazard
MitigationGrantProgramfunding.TheFederalEmergencyManagementAgency(FEMA)
implementedtheActthroughPartIIIFederalRegister44CFRParts201and206.Thelawrequires
the following related to natural disasters:
Identification and assessment of risks related to disasters
Implementation of adequate measures to reduce losses
Ensuring critical services and facilities will continue to function after the disaster
Approval of the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) meets these requirements.
Themulti-jurisdictional/multi-hazardmitigationplanningprocessbeganinFebruary2014.TheHazard
MitigationWorkingGroup(HAZMITWG)iscomprisedofrepresentativesfromall18cities,theCounty
andotherquasi-governmentagencies.TheHAZMITWGmetmonthlytodiscussandcomplete
variouselementsoftheMJHMP.TheCountyOfficeofEmergencyServices(OES)facilitatedthe
planningprocessandcoordinatedthedevelopmentoftheMJHMPwiththe18citiesandother
jurisdictions within the County to comply with the Act.
TheMJHMPisapre-disasterstrategicplanthatservesasaguidelinetoloweringtheriskand
exposure to natural disasters. The planning process for development of the MJHMP consisted of:
Organizing resources - establishing a planning team
Assessingrisks-identifyinghazards,profilinghazardevents,conductinganinventoryof
assets, and estimating losses
Developingaplan-developinggoalsandobjectives,identifyingandprioritizingmitigation
measures, preparing strategies, and documenting the mitigation plan; and
Implementationstrategy-adoptingtheplan,implementingtheactionitems,andevaluatingthe
results
The following hazards, in the following order, were deemed critical for the City of Chula Vista:
Wildfire/Structural Fire
Geologic (Earthquake, Landslide, Liquefaction)
Floods/Dam Inundation
OtherManmadeHazards(AirplaneCrashes,HazardousMaterialsRelease/RailDisaster
Spills)
Extreme Heat and Drought
PlanningteammembersfromvariousCitydepartmentsidentifiedhazardsaffectingtheCityofChula
Vista.AfterreviewingtheCity’scurrentcapabilities,specificgoals,objectives,andactionitemswere
developedtolessentheimpactofnaturalandmanmadedisasters.Thegoals,objectives,andaction
items included in the Plan are designed to:
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Promote existing and future disaster-resistant development
Increase public understanding, support and demand for effective hazard mitigation
Buildandsupportlocalcapacityandcommitmenttocontinuouslybecomelessvulnerableto
hazards
Improvehazardmitigationcoordinationandcommunicationwithfederal,stateandlocal
governments
Reducethepossibilityofdamageandlossestoexistingassets,particularlypeople,critical
facilities/infrastructure, and City-owned facilities due to any of the identified hazards
Inadditiontotheexistinghazards,revisionsto2017editionoftheMJHMPfocusedonarelatively
neweremergingriskfacingtoday’sworld,climatechange.Climatechangecouldinfluencethe
hazardswecurrentlyface.Forexample,climatechangecouldexacerbateandprolongwildfire
season,makeitlesspredictableandpotentiallycostlier.Climatechangecouldbringdrieryearswith
thenumberofrainydaysdecreasingandthedryseasonbecominglonger.However,withwarmer
globaltemperatures,morewaterwillbeintheclimatesystem,possiblyleadingtorainevents
becomingmoreintenseovertime.Wecouldseedemandforwateroutstrippingsupply.Publichealth
couldbeimpactedbyheatwaves,airpollution,anddisplacementfromwildfires.Energydemand
could outstrip energy supply. The MJHMP seeks to determine strategies address these very issues.
TheCitycontinuestotakestridesinimprovingthesafetyofourcityandtheMJHMPisanexampleof
theCity’scommitmenttopublicsafety.ThisMJHMPhasbeenapprovedbyFEMAandCalOES,and
willbeusedastheCitycontinuestoaddressandmitigatetheever-changinghazardsthatposea
threattoourcity.Today'sactionwilladoptaresolutiontoapprovetheMJHMP,whichwillallowthe
Citytocontinuetosubmitapplicationsforhazardmitigationgrants.Ultimately,thePlanimproves
emergencypreparedness,response,recoveryandmitigationcapabilitiesforbothnaturalandman-
made disasters.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyChulaVistaCityCouncil
member,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterestinthis
matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheMJHMPsupports
theCity’sHealthyCommunitygoalbyidentifyingstrategiesthatwillhelpmakethecommunitymore
resilienttolocalclimatechangeimpacts.TheMJHMPalsosupportstheCity’sStrongandSecure
Neighborhoodsgoalbyeducatingandpreparingcommunitiesfornaturaldisastersandother
emergencies.
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File#:17-0504, Item#: 5.
CURRENT YEAR FISCAL IMPACT
Thereisnocurrentyearfiscalimpactassociatedwiththisrequest.TheMJHMPisapre-disaster
strategicplanthatservesasaguidelinetoloweringtheriskandexposuretohazardsintheCity.
Further,adoptingtheresolutiontoapprovetheMJHMPwillallowtheCitytocontinuetosubmit
applications for hazard mitigation grants.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with this request.
ATTACHMENTS
1.Section5-Goals,Objectives,andActions,subsection5.4CityofChulaVistaoftheFEMA
approved 2017 San Diego County Multi-Jurisdictional Hazard Mitigation Plan
Staff Contact: Justin Gipson, Fire Division Chief
Marlon King, Emergency Services Coordinator
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5.4City of Chula Vista
The City of Chula Vista (Chula Vista) reviewed a set of jurisdictional-level hazard maps, including detailed
critical facility information and localized potential hazard exposure/loss estimates to help identify the top
hazards threatening their jurisdiction. In addition, LPGs were supplied with exposure/loss estimates for
Chula Vista, as summarized in Table 5.4-1. See Section 4.0 for additional details.
Table 5.4-1
Summary of Potential Hazard-Related Exposure/Loss in Chula Vista
ResidentialCommercialCritical Facilities
Potential Potential Potential
Exposure/ Exposure/ Exposure
Loss for Loss for Number for
Number of Residential Number of Commercial of Critical
Exposed Residential Buildings Commercial Buildings Critical Facilities
Hazard TypePopulationBuildings(x$1,000)Buildings(x$1,000)Facilities(x$1,000)
Coastal Storm /
Erosion0000000
Sea level Change2200124,08543,978
Dam Failure17,4324,9591,395,9598,0402,813,88645879,574
Earthquake
(Annualized Loss
-Includes
shaking,
liquefaction and
landslide
components)232,095*77,457*21,804,146*2,184*9,788,033*0*0*
Flood (Loss)
100 Year2,225666187,4791,116390,72045310,762
500 Year13,2083,7481,055,0623,5271,234,371104680,037
Rain-Induced Landslide
High Risk7000003
Moderate Risk0000000
Tsunami2300001944
Wildfire / Structure Fire
Fire Regime II &
IV227,26972,44620,393,54924,9238,722,9105891,747,946
*Represents best available data at this time.
After reviewing the localized hazard maps and exposure/loss table above, the following hazards were
identified by the Chula Vista LPG as their top five hazards. A brief rational for including each of these is
included.
City of Chula Vista5-17
Wildfire/Structure Fire: Due to the proximity of wildlands and natural and naturalized open
spaces within steep canyon areas in and near urbanized areas developed prior to the enactment of
-Wildland interface Code in 2000, combined with the probability of a wildland
fire occurring in a given year, wildland/structure fires present the greatest hazard to the City of
Chula Vista.
Geologic (Earthquake, Landslide, Liquefaction): Due to its relative distance from the closest
known active earthquake fault (Rose Canyon Fault), the City of Chula Vista is at low to moderate
risk to damage from earthquakes, except in its northwestern most regions. The landslide threat is
focused in the older developed areas around steep canyon slopes of known slide potential. The
threat of liquefaction is relatively low; however, the alluvial areas of the Sweetwater and Otay
Rivers and the Telegraph Canyon Channel are subject to liquefaction in both developed and
undeveloped areas.
Floods/Dam Inundation: Significant portions of the southerly, northerly, and westerly-developed
areas of the City of Chula Vista are within FEMA-mapped 100-year floodplains. However, the
for improvement a number of undersized andinadequate storm drains and drainage channels since
-producing storms in any given year,
and the requirement that new development includes flood-detention and flood control facilities. In
addition, due to the fact that the City of Chula Vista is downstream of two major dams the Savage
(Lower Otay) Dam and the Sweetwater Dam the possibility of dam inundation in and adjacent to
the Sweetwater and Otay River Channels exists, although the likelihood of failure of these dams is
considered relatively small due to their construction.
Other Manmade Hazards (Airplane Crashes, Hazardous Materials release/Rail Disaster
Spills): The City of Chula Vista is within the flight paths of Lindbergh Field, Brown Field, Tijuana
Airport, Ream Field, and North Island Naval Station. The possibility of an airplane crash on take-
off or approach from any of these facilities is relatively low, but the cumulative hazard from all of
these facilities is significant. There are also a number of hazardous materials in large quantities in
a few stationary locations within the City of Chula Vista, as well as mobile hazard sources. These
hazardous materials although well contained, exist primarily west of Interstate 805 and have the
potential to expose thousands of citizens to various degrees of hazard.
Extreme Heat and Drought:While the City of Chula Vista enjoys a mild, Mediterranean climate,
the community is still susceptible to extreme weather events, which are anticipatedto be amplified
by climate change. Scientists forecast that average summer temperatures will be 4.8F higher in
the near future, with extreme heat events also becoming more frequent and intense in the region.
These heat events present a direct hazard toresidents without air-conditioning and to vulnerable
populations (such as seniors and the medically fragile). Extreme heat events can also impact local
air quality conditions through the increase of smog-forming, ground-level ozone levels and result
in additional public health concerns. Finally, sustained dry weather conditions further stress local
water supplies as well as increase wildfire threats.
City of Chula Vista5-18
5.4.1Capabilities Assessment
The LPG identified current capabilities available for implementing hazard mitigation activities. The
Capability Assessment (Assessment) portion of the jurisdictional mitigation plan identifies administrative,
technical, legal and fiscal capabilities. This includes a summary of departments and their responsibilities
associated to hazard mitigation planning as well as codes, ordinances, and plans already in place associated
that may be applicable to providing financial resources to implement identified mitigation action items.
5.4.2Existing Institutions, Plans, Policies and Ordinances
The following is a summary of existing departments in Chula Vista and their responsibilities related to
hazard mitigation planning and implementation, as well as existing planning documents and regulations
related to mitigation efforts within the community. The administrative and technical capabilities of Chula
Vista, as shown in Table 5.4-2, provides an identification of the staff, personnel, and department resources
available to implement the actions identified in the mitigation section of the Plan. Specific resources
reviewed include those involving technical personnel such as planners/engineers with knowledge of land
development and land management practices, engineers trained in construction practices related to building
and infrastructure, planners and engineers with an understanding of natural or manmade hazards, floodplain
managers, surveyors, personnel with GIS skills and scientists familiar with hazards in the community.
Chula Vista City Council:
Provides vision and direction in building and nurturing a progressive and cohesive community,
which values its diversity, respects its citizens, honors its legacy, and embraces the opportunities
of the future. Provides vision, adopts policies and regulations, and approves funding
requests/budgets over all aspects of City government
Provides the leadership and supervision that, in turn, implements the policies and decisionsof the
Chula Vista City Council, thereby ensuring the delivery of services to the community. Manages
City staff, implements City Council decisions and policies over all aspects of City government, and
assures the delivery of a wide range of services to the community.
Chula Vista Finance Department
Assists the City Council and City Manager in maintaining public confidence in the fiscal integrity
of the City by accounting for, controlling and reporting on the City's resources in accordance with
sound publicfinancial management practices. Assures all aspects of City financing, funding, and
expenditures are within legal, prescribed guidelines and regulations. Tracks and audits
expenditures.
City of Chula Vista Development Services Department
Guidesthe physical development of the City through the implementation of the General Plan and
Building Codes and is committed to enhancing the quality of life in the community by planning for
sound infrastructure and public services, protecting of the environment, and promoting high quality
social and economic growth.
City of Chula Vista5-19
Regulates land uses and land development in accordance with plans, policies, and regulations
adopted by the City Council. Enforces local, State, and federal requirements for land development,
building construction, and specific uses. Recommends additions and revisions to existing
ordinances, plans, and policies when necessary.
Enhances the quality of life for the Chula Vista community by proactively planning and facilitating
environmentally and socially sound economic development, revitalization and affordable housing
opportunities.
Regulates land uses and land development in accordance with plans, policies, and regulations
adopted by the City Council and Redevelopment Agency within redevelopment areas.
Recommends additions and revisions to existing ordinances, plans, and policies with respect to
redevelopment areas.
Implements and enforces programs, plans, policies, and regulations over land development and
redevelopment in order to assure adequate and maintainable infrastructure.
Mutual aid with certified building inspectors and engineers for damage assessment following a
disaster.
City of Chula Vista Public Works Department
Provides a variety of engineering services including the review and inspection of privately
constructed public facilities, infrastructure, and subdivisions; design and inspection of publicly
funded infrastructure improvements; management and monitoring of existing and projected traffic
conditions throughout the City; prepa-term Capital Improvement Program
Districts Assessments, Community Facility Districts, and Development Impact Fees.
Maintains the basic infrastructure needed for the City to exist and thrive. These basic facilities
include streets, curbs, gutters, sidewalks, wastewater systems, storm water systems, street trees,
parks and open space areas, and street signage and striping. The department also maintains the
Implements a wide range of programs, plans, and policies necessary to assure delivery of basic
quality. The Department of Public Works Operations is a first responder in natural and manmade
emergencies.
City of Chula Vista Police Department
Protects the community through the enforcement of laws and the analysis/reduction/ elimination of
risks and, in times of emergency, provides for the orderly and rapid implementation of emergency
plans.
City of Chula Vista5-20
Implements and/or enforces programs, plans, ordinances, and policies of the City over a wide range
of activities related to law enforcement. The Police Department is a first responder in natural and
manmade emergencies.
City of Chula Vista Fire Department
Serves and safeguards the community through a professional, efficient and effective system of
services, which protect life, environment, and property.
Implements programs, policies, and regulations over a wide range to reduce the loss of life,
environment, and property. The Fire Department is a first responder in natural and manmade
emergencies.
City of Chula Vista Information Technology Services Department
Assists all departments with their technological needs and develops, implements, operates, and
maintains hardware and software systems in order to support and improve the operational efficiency
and effectiveness of City departments.
The department is comprised of four functional areas --Operations & Telecommunications,
Systems Administration & Security, Microcomputer and LAN Support, and GIS & Applications
Support.
City of Chula Vista5-21
Table 5.4-2
City of Chula Vista: Administrative and Technical Capacity
Staff/Personnel ResourcesY/NDepartment/Agency and Position
Development Services andPublic Works
A.Planner(s) or engineer(s) with knowledge of land
Y
development and land management practicesDepartments
Development Services and Public Works
B.Engineer(s) or professional(s) trained in construction
Y
practices related to buildings and/or infrastructureDepartments
Development Services and Public Works
C.Planners or Engineer(s) with an understanding of natural
Y
and/or manmade hazardsDepartments
YCity Engineer and Building Official
D.Floodplain manager
YPublic Works Department
E.Surveyors
Development Services, Police, Fire,
F.Staff with education or expertise to assess the
Information Technology Services, and Public
Y
Works Departments.
YInformation Technology Services
G.Personnel skilled in GIS and/or HAZUS
City uses Consultant Scientists, as needed and
N
H.Scientists familiar with the hazards of the community
as resources are available
Fire Department-Emergency Services
Y
I.Emergency Coordinator
Coordinator
YAll Departments
J.Grant writers
K.Personnel skilled in identifying, accessing and bringing
Development Services and Finance
Y
to bear, both public and private economic recovery-related
Departments
resources
The legal and regulatory capabilities of Chula Vista are shown in Table 5.4-3 which presents the existing
ordinances and codes that affect the physical or built environment of Chula Vista. Examples of legal and/or
special purpose ordinances, growth management ordinances, site plan review, general plans, capital
improvement plans, economic development plans, emergency response plans, and real estate disclosure
plans.
City of Chula Vista5-22
Table 5.4-3
City of Chula Vista: Legal and Regulatory Capability
Regulatory Tools (ordinances, codes, plans)Local Does State
Authority Prohibit
(Y/N)(Y/N)
A.Building codeYN
B.Zoning ordinanceYN
C.Subdivision ordinance or regulationsYN
D.Special purpose ordinances (floodplain management, storm water management,
YN
hillside or steep slope ordinances, wildfire ordinances, hazard setback requirements)
E.-sprawl
YN
programs)
F.Site plan review requirementsYN
G.General or comprehensive planYN
H.A capital improvements planYN
I.An economic development planYN
J.An emergency response planYN
K.A post-disaster recovery planYN
L.A post-disaster recovery ordinanceYN
M.Real estate disclosure requirementsYN
N.Shake Roof Retrofit ProgramYN
O.Water Conservation OrdinanceYN
P.Clearing of Brush (Fuels) from City PropertyYN
Q.National PollutantDischargeElimination System (NPDES)YN
R.Land Development OrdinanceYN
S.California Building CodeYN
T.California Reference Standards CodeYN
U.California Mechanical CodeYN
V.California Electrical CodeYN
W.California Plumbing CodeYN
X.California Fire CodeYN
Y.CaliforniaStatues 21000-21178: Public ResourcesCode, Division 13
YN
EnvironmentalQuality
Z.Urban-Wildland Interface CodeYN
AA.Floodplain RegulationsYN
BB.Zoning and Specific PlansYN
CC.Specific PlansYN
City of Chula Vista5-23
DD.Precise PlanYN
EE.ModifiedDistrictYN
FF.Sectional Planning Areas (SPA)YN
GG.SPA AmendmentYN
HH.Supplemental SPAYN
II.Land Use OverlayYN
JJ.Modification of Urban-Wildland Interface RequirementsYN
KK.Consolidated Annual Plan CDBG and HOME ProgramsYN
LL.Redevelopment Plans Bayfront, Town Centre I, Town Centre II, Otay
YN
Valley and Southwest
MM.Landscape Conservation OrdinanceYN
NN.Standard Specifications for Public Works Construction (Greenbook)YN
OO.Subdivision ManualYN
PP.Local Energy Assurance Plan (LEAP)YN
5.4.3Fiscal Resources
Table 5.4-4 shows specific financial and budgetary tools available to Chula Vista such as community
development block grants; capital improvements project funding; authority to levy taxes for specific
purposes; fees for water, sewer, gas, or electric services; impact fees for homebuyers or developers for new
development; ability to incur debt through general obligations bonds; and withholding spending in hazard-
prone areas.
City of Chula Vista5-24
Table 5.4-4
City of Chula Vista: Fiscal Capability
Accessible or Eligible to Use
Financial Resources
(Yes/No)
Yes, as resources are available and
to the extent the funds are used to
A.Community Development Block Grants (CDBG)
benefit eligible census tracts
B.Capital improvements project fundingYes, as resources are available
Yes, but requires Proposition 218
Voter Approval (2/3 of all voters,
simple majority of property owners
C.Authority to levy taxes/assessments for specific purposes
for assessments). Voter approval
highly unlikely in most cases.
Yes, Sewer Fees only. City does
not own or operate water, gas or
D.Fees for sewer service
electric utilities
E.Impact fees for homebuyers or developers for new
Yes, are paid at time of permitting
and for very specific purposes
developments/homes
F.Incur debt through general obligation bonds Yes, as resources are available
G.Incur debt through special tax and revenue bondsYes, as resources are available
H.Incur debt through private activity bonds Yes
I.Withhold spending in hazard-prone areasYes
5.4.4Goals, Objectives and Actions
For each goal, one or more objectives have been identified that provide strategies to attain the goal. Where
appropriate, the City has identified a range of specific actions to achieve the objective and goal.
The goals and objectives were developed by considering the risk assessment findings, localized hazard
identification and loss/exposure estimates, and an an
assessment. These preliminary goals, objectives and actions were developed to represent a vision of long-
term hazard reduction or enhancement of capabilities.
Once developed, City staff presented submittedthe plan the Office of Emergency Servicesand
FEMA for approval. Once approved by FEMA the plan will be taken to City Council for adoption.
Public comments were solicited by the County Office of Emergency Services to present these goals,
objectives and actions to citizens and to receive public input. Specific consideration was given to hazard
identification/profiles and the vulnerability assessment results. The following sections present the hazard-
related goals, objectives and actions as prepared by the City of Chula Vista in conjunction with the Hazard
Mitigation Working Group, locally elected officials, and local citizens.
City of Chula Vista5-25
5.4.4.1Goals
The City of Chula Vista has developed the following 10 Goals for their Hazard Mitigation Plan
Goal 1.Promote disaster-resistant land development
Goal2.Increase public understanding, support and demand for effective hazard mitigation
Goal 3.Build and support local capacity and commitment to continuously become less vulnerable to
hazards
Goal 4.Improve coordination and communication with federal, state and local governments
Reduce the possibility of damage and losses to existing assets, particularly people, critical
facilities/infrastructure, and City-owned facilities, due to:
Goal 5.Floods
Goal 6.Wildfires/Structure Fires
Goal 7.Dam Failure
Goal 8.Geologic Hazards
Goal 9.Extreme Heat and Drought
Goal 10. Other Manmade Hazards (See Attachment A)
5.4.4.2Objectives and Actions
The City of Chula Vista developed the following broad list of objectives and actions to assist in the
implementation of each of their 10 identified goals. The City of Chula Vista developed objectives to assist
in achieving their hazard mitigation goals. For each of these objectives, specific actions were developed
that would assist in their implementation. A discussion of the prioritization and implementation of the action
items, as resources become available, is provided in Section 5.4.5.
New,
Goal 1: Promote disaster resistant existing and future development.
Existing or
Both
Objective 1.A: Encourage and facilitate the development or updating of general plans and zoning
ordinances to limit development in hazard areas.
Both
Action 1.A.1
as necessary.
Identify new hazardous occupancies as they are permitted or created and establish Both
Action 1.A.2
database for same.
New
Action 1.A.3
hazard areas and minimize zoning ambiguities.
Objective 1.A: Encourage and facilitate the development or updating of general plans and zoning
ordinances to limit development in hazard areas.
-related ordinances to identify Both
Action 1.A.4
areas where improvements could be made.
Utilize hazard overlays to identify hazard-prone areas.Both
Action 1.A.5
City of Chula Vista5-26
New,
Goal 1: Promote disaster resistant existing and future development.
Existing or
Both
Action 1.A.6Establish buffer zones for development near hazard-prone areas.
Action 1.A.7Prohibit development in extreme hazard areas that cannot be adequately mitigated
and set aside for open space.
Action 1.A.8Identify land uses appropriate to specific hazard areas.
Objective 1.B: Encourage and facilitate the adoption of building codes that protect renovated existing assets
and new development in hazard areas.
Action 1.B.1Adopt local building codes to address local building issues in hazard areas.
New
Action 1.B.2Amend the Zoning and Subdivision Ordinances, as required, to implement the
New
appropriate policies of the General Plan.
Action 1.B.3Actively participate in the State and Nation-wide building code development
New
groups to ensure that development issues in hazard areas are properly addressed.
Action 1.B.4Amend the Fire Code and Building Code, as necessary, to be consistent with the
New
appropriate policies of the General Plan.
Action 1.B.5Identify and improve buildings to mitigate hazards through elevation, retaining Both
walls, dikes and flood diverting measures, relocating electrical outlets to higher
elevations, increasing fire resistance, etc.
Action 1.B.6Identify and provide fire mitigation measures in buildings with hazardous Both
materials, add ventilation systems to minimize explosions, as required, and add
control areas.
Action 1.B.7Develop hazard-specific code requirements and/or technical opinions for each
New
type of hazard area.
Action 1.B.8Require site-specific studies to evaluate specific hazards in hazard-prone areas and
New
identify alternative site design criteria to mitigate hazards to the maximum extent
possible.
Action 1.B.9Establish minimum structure setbacks adjacent to hazard areas, with respect to
New
hazard specific code.
Objective 1.C: Encourage consistent enforcement of general plans, zoning ordinances, and building
codes.
Action 1.C.1Periodically review General Plan, Zoning Ordinance, Fire Codes, Subdivision New
Ordinance, and Building Codes for consistency for extreme hazard areas for
open space uses.
Both
Action 1.C.2Maintain ongoing training for development staff on development procedures
and zoning and building code interpretation.
Both
Action 1.C.3Continue to provide a hazmit compliance review any time a permit is obtained
for any improvement on new and existing hazardous occupancies.
Both
Action 1.C.4Develop and implement specialized training on an on-going basis for
appropriate Development Services staff for each type of hazard area.
Both
Action 1.C.5Provide an inspection program to ensure maintenance of compliance to
hazmit-related codes.
Both
Action 1.C.6Follow development procedures to ensure development is consistent with the
General Plan.
Both
Action 1.C.7Provide educational sessions for owners of hazardous occupancies and
encourage a maintenance program.
City of Chula Vista5-27
New,
Goal 1: Promote disaster resistant existing and future development.
Existing or
Both
Objective 1.D: Discourage future development that exacerbates hazardous conditions.
Action 1.D.1Update the zoning ordinance to limit future development of hazardous areas.
New
Action 1.D.2Apply for State/Federal grants/funds for the acquisition of developable land for Both
open space development.
Action 1.D.3Take a proactive approach to fire code/building code compliance inspections with Both
respect to concentration of hazardous material in one area or location.
Action 1.D.4Educate the public regarding hazardous locations, operations, buildings, etc.Both
Objective 1.E:Address identified data limitations regarding the lack of information about new
development and build-out potential in hazard areas.
Both
Action 1.E.1Use hazard overlays to identify hazard-prone new development.
Both
Action 1.E.2Utilize staff consultant expertise in evaluating technical studies/data.
Both
Action 1.E.3Update databases/Geographic Information System (GIS), with particular
attention to maintaining hazard overlay layers. Require electronic submittals
of all reports and data in electronic form.
Both
Action 1.E.4Require studies to evaluate specific hazards in hazard-prone areas and identify
alternative site design criteria to mitigate hazards to the maximumextent
possible.
Objective 1.F:Actively pursue grant funding for citywide hazard mitigation.
Both
Action 1.F.1Explore hazard mitigation funding, from state and nation-wide sources, and to
inform the proper department head when potential grant funding is identified.
Both
Action 1.F.2Apply for hazard mitigation grant funding, as it becomes available.
Both
Action 1.F.3Identify target hazard mitigation projects to minimize delay when grant
funding is available.
New,
Goal 2:Promote public understanding, support and demand for hazard
Existing or
mitigation.
Both
Objective 2.A: Educate the public and business community to increase awareness of hazards and
opportunities for mitigation actions.
Action 2.A.1Provide information to be distributed to the public at information booths at street Both
fairs, community meetings, etc.
Action 2.A.2Continually provide Chula Vista citizens with Community Emergency Response Both
Team training opportunities to increase public awareness of hazards and response
to hazards.
Action 2.A.3Provide public information on geologic and firestorm hazards and safety.Both
Action 2.A.4Provide information at community meetings or other public gatherings.Both
Action 2.A.5website to communicate information on what our citizens can do to Both
minimize/mitigate these dangers.
City of Chula Vista5-28
New,
Goal 2:Promote public understanding, support and demand for hazard
Existing or
mitigation.
Both
Objective 2.B: Promote partnerships between the state, counties, and local governments to identify,
prioritize, and implement mitigation actions.
Action 2.B.1Identify state and federal hazard mitigation funds/programs for public and private Both
entities.
Action 2.B.2Continue to participate in the San Diego County Multi-Hazard Mitigation Plan Both
process.
Action 2.B.3Contact neighboring cities and counties to create shared programs and have Both
periodic meetings to share information and open channels of communication.
Objective 2.C: Monitor and publicize the effectiveness of mitigation actions implemented.
Action 2.C.1Create a programto report and monitor the mitigation implementation.Both
Action 2.C.2Provide specific outreach to citizens with special needs.Both
Objective 2.D:Discourage activities that exacerbate hazardous conditions.
Action 2.D.1Promote an increased level of security of facilities storing hazardous materials.Both
Action 2.D.2Ensure land uses that do not conform to this Plan are not permitted.New
Action 2.D.3In the event previously conforming land uses are damaged or destroyed in a New
disaster, ensure that reconstruction is consistent with Chula Vista Municipal Code,
Chapter 19.64.
Action 2.D.4Provide guidelines in the usage of hazardous materials specifically in approved Both
locations.
New,
Goal 3:Build and support local capacity and commitment to continuously
Existing or
become less vulnerable to hazards.
Both
Objective 3.A: Increase awareness and knowledge of hazard mitigation principles and practices among
state, and local officials.
Action 3.A.1Establish the means to share information and innovations in various areas of Both
hazard mitigation.
Action 3.A.2Coordinate hazard mitigation activities with local utilities, water suppliers, and Both
critical facilities within the City of Chula Vista.
Objective 3.B: Seek technical assistance from State and Federal agencies in refining and implementing
hazard mitigation plans.
Action 3.B.1Both
plan.
Action 3.B.2Request periodic County Office of Emergency Services (OES), Office Both
of Emergency Services
for recommendations for plan refinements and for potential funding sources.
Objective 3.C:Ensure adequate infrastructure is in-place for emergencies.
Action 3.C.1Promote the establishment and maintenance of: safe and effective evacuation Both
routes; ample peak-load water supply; adequate road widths; and, safe clearances
around buildings.
Action 3.C.2Develop, implement and maintain, when necessary, mutual aid agreements.Both
City of Chula Vista5-29
New,
Goal 3:Build and support local capacity and commitment to continuously
Existing or
become less vulnerable to hazards.
Both
Action 3.C.3Identify public and private resources available for various types of emergencies, Both
including materials, equipment, debris removal/recycling, etc.
Action 3.C.4Establish emergency purchasing authority with local businesses, suppliers, Both
disposal sites, and material recyclers.
Action 3.C.5Provide and maintain adequate training for City emergency personnel to carry out Both
local responsibilities during various types of emergencies.
New,
Goal 4:Continuously improve hazard mitigation coordination and
Existing
communication with federal, state and local governments.
or Both
Objective 4.A: Establish and maintain close working relationships with state agencies and other local
governments.
Both
Action 4.A.1Attend multi-agency hazard mitigation planning meetings that deal with other
local governments and County, State, and Federal entities.
Both
Action 4.A.2Promote mutual aid agreements and interagency dialogue related to hazard
mitigation planning.
Objective 4.B: Encourage other organizations to incorporate hazard mitigation activities.
Action 4.B.1Encourage businesses and industrial operations in embracing hazard mitigation as Both
adaily activity.
Action 4.B.2Promote hazard mitigation as a viable way of doing business for governmental Both
entities, industry, businesses and the general public.
Action 4.B.3Where applicable, discuss hazard mitigation plan activities with fellow municipal Both
government workers within professional membership groups at group activities.
Objective 4.C: -and post-disaster
mitigation.
Action 4.C.1Establish standard GIS databases that contain all spatial data likely to be needed in an Both
Emergency Operations Center and make these projects available to all local, regional
and State governments, as resources are available. Safeguard the projects by storing in
multiple locations. Promote the sharing of these projects and data with other agencies.
Action 4.C.2Support regional planning efforts for hazard mitigation and disaster recovery planning.Both
New,
Goal 5:Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and City-owned facilities,
or Both
due to floods.
Objective 5.A:Develop a comprehensive approach to reducing the possibility of damage and losses due
to floods.
Action 5.A.1Encourage the establishment of adequate open space in flood zones as indicated New
on FEMA flood maps.
Action 5.A.2Prevent deposit of fill orconstruction within any floodway.New
Action 5.A.3Update Drainage Element of the General Plan based upon actual developed Both
conditions (General Plan, GMOC Section).
City of Chula Vista5-30
New,
Goal 5:Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and City-owned facilities,
or Both
due to floods.
Action 5.A.4Continue to review applications for new development within the City in New
compliance with the California Environmental Quality Act (CEQA) provisions
set forth by the State of California, thereby requiring individualized studies for
flood hazards on an as-needed basis and establishing mitigation measures for the
development project before construction begins.
Action 5.A.5Monitor and enforce compliance with CEQA-mandated mitigation measures and New
FEMA requirements during development and construction, as the project
requires.
Action 5.A.6Incorporate information on projected sea level rise into the assessment of areas Both
affected by the 100-year flood.
Objective 5.B:Protect existing assets with the highest relative vulnerability to the effects of floods within
the 100-year floodplain.
Action 5.B.1Continue to require flood control improvements of new development where New
flooding is already a problem (existing ordinances).
Action 5.B.2Discourage the disruption of natural flowage patterns and encourage the New
maximum use of natural and naturalized drainage ways in new development
(General Plan drainage and flood control policies).
Objective 5.C:Minimize repetitive losses caused by flooding.
Action 5.C.1Identify and define local hazard areas and to monitor floodplain management.Both
Action 5.C.2Where possible, implement drainage improvements with an emphasis on Exisiting
improving downstream facilities before improving upstream facilities, unless
upstream mitigation (such as detention or retention basins) is provided.
Action 5.C.3Provide information on State and Federal funding sources available to flood-Existing
proof existing structures/facilities in flood-prone areas.
Objective 5.D: Request assistance from State and Federal governments, as necessary, to enable the City
to maintain compliance with the National Flood insurance Program (NFIP) requirements.
Action 5.D.1Periodically review City compliance with NFIP requirements.Both
Action 5.D.2Require the submittal of Letters of Map Revision (LOMRs)/ Letters of Map Both
Amendment (LOMAs) as required by FEMA.
Action 5.D.3Update Flood layers in GIS upon FEMA approval of LOMRs/LOMAs.Both
New,
Goal 6:Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to wildfires and structural fires.
Objective 6.A:Develop a comprehensive approach to reducing the possibility of damage and losses due
to wildfires.
Action 6.A.1Ensure the open space around structures is sufficient to promote fire safety.Both
Action 6.A.2Ensure the space separating buildings is consistent with the standards of fire-Both
safety practices.
City of Chula Vista5-31
New,
Goal 6:Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to wildfires and structural fires.
Action 6.A.3Continue to review applications for new development within the City in New
compliance with the California Environmental Quality Act (CEQA) provisions
set forth by the State of California, thereby requiringindividualized studies (i.e.
Fire Protection Plans) for wildfire on an as-needed basis and establishing
mitigation measures for the development project before construction begins.
Objective 6.B:Prevent the loss of life in wildland fires.
Action 6.B.1Develop and promote public education programs in wildland fire safety and Both
survival for all residents adjacent to wildland areas.
Action 6.B.2Develop and publicize evacuation plans and routes in areas threatened by Both
wildland fires.
Action 6.B.3Both
Action 6.B.1 and ensure that the position is filled and has adequate resources.
Action 6.B.4Provide recommendations for managing open space preserves in a manner that Both
minimizes fuel loads, through actions such as hand clearing and other appropriate
means.
Objective 6.C:Prevent the ignition of structures by wildland fires.
Action 6.C.1Incorporate fire-resistant building materials and construction methods in new New
development adjacent to wildland and open space areas in accordance with
adopted fire, building, wildland-urban interface codes, fire protection plans and
community wildfire protection plan.
Action 6.C.2Ensure defensible fire-fighting space is afforded adjacent to wildland and open Both
space areas in new developments.
Objective 6.D:Prevent wildland-caused structural conflagration.
Action 6.D.1-Both
remodeled structures.
Action 6.D.2Require non-combustible window assemblies and double-pane glass in all new Both
and remodeled structures facing a wildland.
Objective 6.E:Prevent the encroachment of wildland fire upon the community.
Action 6.E.1or other defensible zone, as topography dictates, along the Both
easterly edge of the easterly city limits.
Action 6.E.2Improve and ensure adequate access to wildland areas and adequate water supply Both
for firefighters.
Action 6.E.3Increase budget to the Public Works Open Space Maintenance for brush clearing.Both
Objective 6.F:Investigate the possibility of doing further Community Vegetation Management Analysis.
Action 6.F.1Finalize and adopt a Community Wildfire Protection Plan.Both
Action 6.F.2Investigate the possibility ofadopting a final Community Wildfire Protection Both
Planand ensure the enforcement thereof.
City of Chula Vista5-32
New,
Goal 6:Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to wildfires and structural fires.
Objective 6.G:Identify data needed to provide information related to wildland fires (e.g., a comprehensive
database of California wildfires, a California wildfire risk model, and relative vulnerability of assets).
Action 6.G.1Develop GIS layer(s) showing history and frequency of major wildland fire Both
events. Include additional layers showing canyon names, acreage, fire
department access points and evacuation routes.
Action 6.G.2Continue working with regional (SDREGIN) and federal agencies to establish Both
procedures that will enable the City to acquire near real-time data on wildland
fire extents to improve EOC response to an emergency. Establish a GIS project
model that readily incorporates such data to reduce the amount of time required
to produce field maps.
New,
Goal 7:Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to dam failure.
Objective 7.A:Develop a comprehensive approach for reducingthe possibility of damage and losses
due to dam failure.
Action 7.A.1Continue to review applications for new development within the City in New
compliance with the California Environmental Quality Act (CEQA) provisions
set forth by the State of California, thereby requiring individualized studies for
flood hazards on an as-needed basis and establishing mitigation measures for the
development project before construction begins.
Action 7.A.2Monitor and enforce compliance with CEQA mandated mitigation measures New
during development and construction, as the development project requires.
Action 7.A.3Review current dam failure information/data for clarity and accuracy.Both
Action 7.A.4Review current evacuation plans for accuracy and practicality and publicize these Both
plans.
Action 7.A.5Obtain and review State-mandated annual dam assessment reports.Both
Objective 7.B:Protect existing assets with the highest relative vulnerability to the effects of dam failure.
Action 7.B.1Identify and prioritize critical facilities within dam inundation zones.Existing
Action 7.B.2Identify vulnerable populations within dam inundation areas.Existing
Action 7.B.3Identify Federal and State funding to minimize/mitigate dam inundation hazards Existing
to critical facilities and vulnerable populations.
Objective 7.C: Identify data needed to provide information about the relative vulnerability of assets from
dam failure.
Action 7.C.1Update plans/data periodically to adequately represent existing conditions/ Both
vulnerable populations.
Action 7.C.2Conduct survey of assets within dam inundation areas.Both
City of Chula Vista5-33
New,
Goal 8: Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to geological hazards.
Objective 8.A: Develop a comprehensive approach to reducing the possibility of damage and losses due
to geological hazards.
Action 8.A.1Ensure the space separating buildings is consistent with building standards and New
fire-safety practices.
Action 8.A.2Ensure the structural characteristics of soil and requirements contained in New
building codes determine the type of construction allowed.
Action 8.A.3Ensure areas of development do not include hazard areas such as ancient New
landslides, unstable soils, or active fault zones unless mitigated.
Action 8.A.4Ensure no lands are subdivided, developed or filled in the absence of supportable, New
professional evidence that the proposed subdivision, development, or landfill
would be geologically safe.
Action 8.A.5Continue to review applications for new development within the City in New
compliance with the California Environmental Quality Act (CEQA) provisions
set forth by the State of California, thereby requiring individualized studies for
geological hazards on an as-needed basis and establishing mitigation measures
for the development project before construction begins.
Action 8.A.6Monitor and enforce compliance with CEQA mandated mitigation measures New
during development and construction, as the development project requires.
Objective 8.B: Protect existing assets with the highest relative vulnerability to the effects of geological
hazards.
Action 8.B.1Wherever feasible, land uses and buildings that are determined to be unsafe from Both
geologic hazards shall be mitigated, discontinued, removed,or relocated
Objective 8.C: Coordinate with and support existing efforts to mitigate geological hazards (e.g.,
California Geological Survey, US Geological Survey).
Action 8.C.1Update GIS seismic data regularly to reflect new data from the California Both
Geological Survey and the US Geological Survey.
New,
Goal 9: Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to extreme heat and drought.
Objective 9.A:Expand programs and services to protect the community from more frequent and extreme
heat and drought events.
Action 9.A.1Identify populations that may be especially susceptible to extreme heat and Both
drought using social vulnerability indices and other resources (such as the new
California EnviroScreen Tool).
Action 9.A.2Both
community to ensure their close proximity to all populations.
Action 9.A.3Ensure that designated emergency shelters are able to provide adequate air-Both
conditioning and ventilation during loss of grid-supplied electricity (as outlined
).
Action 9.A.4Map the highest heat island index areas in order to more effectively target Both
mitigation activities such as shade trees, cool roofs, and cool pavement.
City of Chula Vista5-34
New,
Goal 9: Reduce the possibility of damage and losses to existing assets,
Existing
particularly people, critical facilities/infrastructure, and publicly owned
or Both
facilities, due to extreme heat and drought.
Action 9.A.5Develop an action plan to comprehensively support public health and wellbeing, Both
thus
events.
Action 9.A.6Integrate public awareness about extreme heat and drought and related air quality Both
concerns into existing and new City outreach campaigns
Objective 9.B:
long-term drought conditions.
Action 9.B.1Promote waster efficiency and conservation through stricter municipal policies Both
and building codes.
Action 9.B.2Facilitate graywater use by streamlining permits, providing technical assistance, New
and hosting community workshops.
Action 9.B.3Explore opportunities to capture, treat, and reuse storm water for irrigation Both
purposes
Action 9.B.4Develop commercial building standards for indoor recycled water use in New
coordination with Otay Water District.
Action 9.B.5Implement water efficiency upgrades at municipal buildings and parks to reduce Both
he new City Operations
Sustainability Plan).
Objective 9.C.: Plan and prepare for local climate change impacts that are likely to amplify extreme
heat and drought.
Action 9.C.1Incorporate objectives and policies that address sea level rise into updates to the Both
General Plan and related implementation documents
Action 9.C.2Both
Collaborative and other regional/state forums to share best practices and leverage
resources concerning climate change preparedness.
Action 9.C.3Both
latest scientific data and to ensure that public service and infrastructure are
resilient to climate change.
5.4.5Prioritization and Implementation of Action Items
Once the comprehensive list of jurisdictional goals, objectives, and action items listed above was developed,
the proposed mitigation actions were prioritized. This step resulted in a list of acceptable andrealistic
actions that address the hazards identified in each jurisdiction. This prioritized list of action items was
formed weighing STAPLEE criteria.
The Disaster Mitigation Act of 2000 (at 44 CFR Parts 201 and 206) requires the development of an action
plan that not only includes prioritized actions but one that includes information on how the prioritized
actions will be implemented. Implementation consists of identifying who is responsible for which action,
what kind of funding mechanisms and other resources are available or will be pursued, and when the action
will be completed.
The prioritized actions below reflect progress in local mitigation efforts as well as changes in development.
City of Chula Vista5-35
The top prioritized mitigation actions as well as an implementation strategy for each are:
Action Item #1:Provide and maintain adequate training for City emergency personnel to carry out local
responsibilities during various types of emergencies.
Coordinating Individual/Organization:Fire Department
PotentialFunding Source:General Fund, Grants
Implementation Timeline:1-5 Years
Action Item #2:
areas and minimize zoning ambiguities.
Coordinating Individual/Organization:Development Services Department
Potential Funding Source:Development Fees, General Fund
Implementation Timeline:1-5 Years
Action Item #3:Finalize and adopt a Community Wildfire Protection Plan.
Coordinating Individual/Organization:Fire Department
Potential Funding Source:General Fund
Implementation Timeline:1-3 Years
Action Item #4:Develop, implement and maintain, when necessary, mutual aid agreements.
Coordinating Individual/Organization:All Team Members (Inter-Departmental)
Potential Funding Source:Solid Waste Fees, Solid Waste Grants, General Fund
Implementation Timeline:1-3 Years
Action Item #5:Review applications for new development within the City in compliance with the
California Environmental Quality Act (CEQA) provisions set forth by the State of California, thereby
requiring individualized studies for flood hazards on an as-needed basis and establishing mitigation
measures for the development project before construction begins.
Coordinating Individual/Organization:Development Services Department
Potential Funding Source:General Fund, Development Fees
Implementation Timeline:5 Years
Action Item #6:Provide citizens with Community Emergency Response Team training opportunities
to increase public awareness of hazards and response to hazards, as resources are available.
Coordinating Individual/Organization:Fire Department
Potential Funding Source:State Homeland Security Grant Program, General Fund
Implementation Timeline:On-going
Action Item#7:Require structural flood control improvements of new development where flooding is
already a problem (existing ordinances).
Coordinating Individual/Organization:City Engineer
Potential Funding Source:General Fund, Developer Fees
Implementation Timeline:On-going
City of Chula Vista5-36
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND ADOPTING THE 2017 SAN
DIEGOCOUNTY MULTI-JURISDICTIONAL HAZARD
MITIGATION PLAN AS IT RELATES TO THE CITY OF
CHULA VISTA
WHEREAS, San Diego County has experienced natural, technological, and human-
caused disasters on many occasions in the past 50 years, resulting in property loss, loss of life,
economic hardship, and threats to public health and safety; and
WHEREAS, the City of Chula Vistahas the potential for severe damage from wildfire,
earthquake, adverse weather, drought, and other natural and man-made disasters, which can
result in the loss of life and property, economic hardship, and threats to public health and safety;
and
WHEREAS, all City of Chula Vista residents and visitors are exposed to these hazards
and are at risk of being impacted by a disaster; and
WHEREAS, an all-hazardsMulti-Jurisdictional Hazard Mitigation Plan (the Plan) has
been developed after several years of research and revisions, and work by the San Diego County
Hazard Mitigation Working Group, and the Local Planning Groups within each of the eighteen
(18) incorporatedcities within the county; and
WHEREAS, the Plan outlines several objectives and goals and recommends hazard
mitigation strategies and actions that will protect life and property from all hazards; and
WHEREAS, public outreach was conducted throughout the Plan’s development and
review process as required by law; and
WHEREAS, mitigation measures have proven effective in saving lives and reducing
property damage caused by disasters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does herebyaccept and adopt the 2017 San Diego County Multi-Jurisdictional
Hazard Mitigation Plan as it relates to the City of Chula Vista, a copy of which is on file in the
City Clerk’s Office.
Presented byApproved as to form by
Justin GipsonGlen R. Googins
Fire Division ChiefCity Attorney
City of Chula Vista
Staff Report
File#:17-0407, Item#: 6.
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTACONSIDERING
ADDENDUMTOENVIRONMENTALIMPACTREPORTUPD#83356-EIR-
65B/SCH#2005081077,MAKINGCERTAINFINDINGSANDAPPROVINGTHEAMENDED
2005GENERALPLANANDLANDUSEPLANOFTHELOCALCOASTALPROGRAMAND
DIRECTINGSTAFFTOFORWARDTHESAMETOTHECALIFORNIACOASTAL
COMMISSION
B.ORDINANCEOFTHECITYOFCHULAVISTAAPPROVINGTHEAMENDEDSPECIFIC
PLANOFTHECHULAVISTALOCALCOASTALPROGRAMANDAMENDINGCHULAVISTA
MUNICIPALCODECHAPTERS19.81THROUGH19.87ANDMAKINGCERTAINFINDINGS
WITH REGARD THERETO (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing, adopt the resolution and place the ordinance on first reading.
SUMMARY
ThedevelopmentfirmofLandDevelopersandAssociatesCorporation(LDA),operatingunderthe
nameofCityofChulaVistaProperty,LLC(PropertyOwner),andownerofthepropertylocatedwithin
theBayfrontLocalCoastalProgramArea(seeAttachment1)at789EStreet,proposestochangethe
landuseandzoningdesignationforthatpropertyfromthecurrentdesignationofProfessionalOffice
to Commercial Visitor.
ThesubjectpropertyislocatedintheSweetwaterDistrictoftheChulaVistaBayfrontLocalCoastal
Program(seeAttachment2-LocatorMap).Thepropertyconsistsoftwolegallotscomprising
approximately4.81acresandislocatedonBayBoulevardnorthofEStreet,betweentheSDG&E
right-of-wayandtheInterstate5freeway(Site).TheSiteisdesignatedandlabeledintheLocal
Coastal Program documents as Parcel 1a.
TheproposedAmendmentwouldultimatelyallowtheconstructionofhotelsinsteadofoffices.The
proposedchangeinuserequiresminorchangestotheCity’sGeneralPlanandtheLocalCoastal
Program(LCP)LandUsePlanandSpecificPlan,asdescribedinthisreport.Theproposed
AmendmentrequiresarecommendationfromthePlanningCommissionandapprovalbytheCity
Council.ThePlanningCommission,atitsmeetingofOctober25,2017,recommendedthattheCity
CouncilapprovetheproposedAmendment.IftheCityCouncildecidestoapprovetheproposed
Amendment,theCityCouncil’sactiontoamendtheLCPwouldbeforwardedtotheCalifornia
CoastalCommissionforCertification.FinalapprovalbytheCitywouldbecontingentuponapproval
by the California Coastal Commission.
ENVIRONMENTAL REVIEW
City of Chula VistaPage 1 of 9Printed on 11/30/2017
powered by Legistar™
File#:17-0407, Item#: 6.
Environmental Notice
TheproposedAmendmentwasadequatelycoveredinthepreviouslyadopted/certifiedFinal
EnvironmentalImpactReportUPD#83356-EIR-65B/SCH#2005081077fortheBayfrontMasterPlan.
An Addendum to the FEIR has been prepared.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedAmendmentforcompliancewith
theCaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheAmendmentwas
coveredinpreviouslyadopted/certifiedEnvironmentalImpactReportUPD#83356-EIR-
65B/SCH#2005081077(the“FEIR”).TheDirectorofDevelopmentServiceshasdeterminedthatonly
minortechnicalchangesoradditionstotheFEIRarenecessaryandthatnoneoftheconditions
describedinSection15162oftheStateCEQAGuidelinescallingforthepreparationofasubsequent
documenthaveoccurred;therefore,theDevelopmentServicesDirectorhaspreparedanAddendum
to the FEIR (see Attachment 3).
BOARD/COMMISSION RECOMMENDATION
ThePlanningCommissionconsideredtheproposedAmendmentatitspublichearingofOctober25,
2017andapprovedaresolutionrecommendingthattheCityCouncilconsidertheAddendumto
EnvironmentalImpactReportUPD#83356-EIR-65B/SCH#2005081077,andapprovetheproposed
amendmentstotheChulaVista2005GeneralPlan,LocalCoastalProgramLandUsePlanand
SpecificPlan,andChulaVistaMunicipalCodeChapters19.81thru19.87,aspresentedinthe
Resolution and Ordinance attached hereto.
DISCUSSION
TheSitecurrentlyhasaGeneralPlanlandusedesignationofProfessional&OfficeandaLocal
CoastalProgram(LandUsePlanandSpecificPlan)landuseandzoningdesignationofCommercial
-ProfessionalandAdministrative(CP).TheproposedAmendmentwouldchangetheGeneralPlan
andBayfrontLocalCoastalProgramdesignation/zoningtoCommercial-VisitorLimited(C-VL).The
Amendment,however,wouldbeuniqueandcustomizedtothisSiteinthatitwouldonlyallowhotels
alongwiththetypicalusesthatareancillarytohotelssuchaslimitedretailandrestaurant.Allother
landuseregulationsfortheSitesuchasheight,setbacks,parking,andfloorarearatio,wouldremain
unchanged.TheAmendmentthatisthesubjectofthisreportandresolutionsdoesnotinvolve
approvalsofanybuildingorsitedesigndrawings.Actualbuildingandsiteplanapprovalswouldbe
subjecttoseparatefutureapplication/approvalandProjectspecificenvironmentalreviewpursuantto
CEQA.
Proposed Areas of Revision:
TheattachedCityCouncilResolutionandOrdinancecontainalistofpages(ExhibitB)withthe
proposedchanges.Belowisalistofthosechangestothe2005GeneralPlanandtheLocalCoastal
Program.
1. Chula Vista 2005 General Plan
Page(s) LUT-45 General Plan Land Use Diagram
LUT-59 Table 5-6 General Plan Land Use Distribution (2030)
City of Chula VistaPage 2 of 9Printed on 11/30/2017
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File#:17-0407, Item#: 6.
LUT-60 Table 5-7 General Plan Land Use in 2030
Nature of Proposed Revision:
Theproposedchangerelatestothelandusescontainedinthediagramontheabovereferenced
page.Thechange,shouldtheamendmentbeapproved,wouldinvolveswitchingdesignatorcolorto
red indicating a Commercial Visitor use zone.
ProposedamendmentstoTables5-6and5-7wouldreallocatetheapproximately5acresfromthe
Commercial Office designation to Commercial Visitor where applicable.
2.ChulaVistaBayfrontLocalCoastalProgram:LandUsePlan(adopted09/2012;amended07/2015
& 08/2015)
Pages: III-3; III-5; III-12 & III-13.
Nature of Proposed Revision:
Page III-3 - Change color of designator to indicate Commercial Visitor land use.
PageIII-5-Remove“C-P”referenceandreplacewith“C-VL”;Removeofficereferenceandchange
to hotel; and change reference to ownership.
Page III-12 - Amend Table 3-1 to reallocate acreage distribution related to proposed land use change.
PageIII-13-Removereferencetoparcel1aandrelatedofficezone.Add“Commercial-Visitor
Limited (C-VL)” zone language.
3. Chula Vista Bayfront Specific Plan (September 2012)
Page 19 - Add “Commercial-Visitor Limited (C-VL)” zone language.
Analysis
BelowisananalysisoftheproposedAmendmenttotheGeneralPlanandLocalCoastalProgram,
which consists of the Land Use Plan and Specific Plan.
General Plan Amendment
TheGeneralPlanAmendment(GPA)involvesalandusedesignationchangeofapproximately4.8
acresfromProfessionalOfficetoCommercialVisitortoaccommodatehoteluseswithintheBayfront
Planning Area.
TheGPAproposesminorchangestotheLandUseandTransportationElementoftheGeneralPlan
consisting of:
•Land use acreage adjustments; and
•Revisions to tables, maps, and graphics.
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Bayfront Area Plan and Sweetwater Subarea
ThesubjectpropertyiswithintheSweetwaterDistrict,northoftheHarborandOtayDistrictswithin
theBayfrontPlanningArea.EachofthesubareasincludestheVisionandapplicableObjectivesand
Policies,alongwithdevelopmentparameters,similartotheformatandcontentofotherPlanning
AreasintheGeneralPlan.EachofthethreeSubareascontainsuniqueopportunitiesandtheirown
envisionedcharacter.ThereareObjectivesforeachoftheSubareasthatreflecttheuniquevisionfor
therespectivesubarea.ForeachoftheObjectives,severalPoliciesarecraftedwithparticular
instructionsthatachievetheObjective.TheVision,ObjectivesandPoliciesoftheBayfrontAreaPlan
and Sweetwater District applicable to the Project are summarized and listed below.
a.BayfrontAreaPlan:TheBayfrontAreaPlanenvisionsaworld-classBayfrontintheCityof
ChulaVistatobenefitcitizensandvisitorstotheregion,andtocomplementexistingandproposed
development within the City’s corporate boundaries.
•Objective101promotesawater-orientedfocalpointfortheentireCitywithusesthatare
attractive to visitors and residents.
•Policy101stipulatestheprovisionofabalancedmixoflandusesincludingvisitorserving
commercial, cultural, civic, residential and open space conservation.
•Policy101.3encouragestheallowanceofdevelopmentintensitythatprovidesforeconomic
generators within the capacity of planned public services and infrastructure systems.
TheproposedCommercial-VisitorlandusedesignationisconsistentwiththeObjectiveandPolicies
above,bydesignatingalandusethatcouldaccommodatehotelusesforvisitorsaswellasresidents
totheBayfrontareaandCityofChulaVista.ConvenientaccesstotheInterstate5Freeway,existing
transitroute,utilities,andwaterandsewerwouldbeabletoserveandaccommodatemid-risehotels
within the site.
b.Sweetwater:Thisnortherlyportionisenvisionedtohaveamixtureofemploymentuses,
visitor-servinghotelsandrestaurants,andaSignatureParklocatedinproximitytoInterstate5thatis
sensitivetothesurroundingnaturalenvironment.TheseusesintegratetheexistingviewsoftheBay
andtheSweetwaterMarshWildlifeRefuge,includinglinkagestotheBayshoreBikeway,ChulaVista
Greenbelt trail system, and the Urban Core. It is intended as the lowest intensity of uses.
•Objective107encouragesdevelopmentactivitiesthatminimizeimpactstosurrounding
environmentally sensitive lands.
•Policy107.2encourageslowerintensityandvisitor-servingdevelopmentsuchashotel,mixed-
use commercial and office within the area.
TheprojectsiteisatthemosteasterlyportionoftheSweetwaterDistrict,adjacenttoInterstate5,and
minimizesimpactstosensitivelandsfurthertothewest.TheCommercialVisitordesignationis
consistent with and implements Policy 107.2 by accommodating hotel uses within the area.
General Plan Amendment Conclusion
TheproposedGPAimplementsthegoalsandobjectivesenvisionedfortheBayfrontPlanningArea
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andSweetwaterDistrict.TheCommercialVisitorlandusedesignationaccommodateshotels,and
contributestothedevelopmentofadynamicBayfrontfortheCity’sresidentsandvisitors.Theproject
promotesdevelopmentofhotelswithintheeasterlyportionoftheBayfrontandprotectssensitive
resources.
LCP Land Use Plan and Specific Plan
Aslistedabove,theproposedAmendmenttotheLandUseandSpecificPlansislimitedand
intendedtochangethelanduseandzoningdesignationfromofficetohotel.Asindicatedabove,the
AmendmenttotheLCPconsistsofchangestoPagesIII-3;III-5;III-12;andIII-13oftheLandUse
Plan,whichconsistofchangingdesignatorcolorsandexchangingacronyms(C-PtoC-VL)and
references to the land use and zoning for Parcel 1a.
TheproposedchangestotheLCPdocumentsareintendedtoallowthedevelopmentofhotelsand
ancillaryusesonParcel1a.TheexistingCP-OzonewouldbeconvertedtoCommercial-Visitor
Limited(C-VL).Therequestedmodificationwouldrestrictusestohotelusesonly(CVMC§19.84.002
(A)(2)(a))andwouldnotpermitotherusesallowedunderthezoneunlessC-Vallowedcommercial
andretailusesareancillarytothemainuseandcontainedwithinthemainstructures.Thiswould
ensurethatfirstandforemost,allancillaryusesareprovidedfortheuse,convenienceandenjoyment
of hotel guests.
Therationalefortherestrictedzoningandnarrowdefinitionofallowedusesproposedbythe
developeristolimittheextentofimpactsgeneratedbythedevelopmentanditsoperationtofall
belowor,ataminimumbeconsistentwiththerangeandlevelofimpactsanalyzedandmitigatedin
theoriginalprojectEnvironmentalImpactReport(EIR).AllowingahostofusespermittedundertheC
-Vzone(restaurants,bowlingalleys,etc.)wouldcarryadditionalimpactsandwouldpotentiallyincur
supplementalenvironmentalanalysis.TheproposedAmendmentdoesnothaveanysignificant
impacts and is consistent with the 2005 General Plan and LCP based on the following:
•The proposed development is a hotel use permitted under the proposed C-VL zone;
•Project is not residential;
•Theproposedusewouldbeaselectservicehotelconstructedtothebuildingstandards
currentlyallowedundertheChulaVistaBayfrontMasterPlan(CVBMP)(120,000sq.ft./44ft.
max);
•ThelimitedC-VLzonewouldallowonlyhotelusesandwouldnotpermitotherusesallowed
undertheC-Vzoneunlessancillarytothehoteluseandcontainedwithinthemainhotel
structure.
Consistency with the General Plan and LCP
Inpreparationofthisapplication,LDAproducedanumberofgraphicsandretainedprofessional
consultantstogeneratereportscoveringanumberofpotentialissueareas.Traffic,fiscalimpactsand
waterandsewergenerationratesweredevelopedandcomparedtolevelsthatwouldexistunderthe
current zoning. Below is a discussion of these issue areas.
Land Use and Zoning Compatibility
Chula Vista General Plan
TheChulaVistaGeneralPlansetsforthseveralobjectivesandgoalsforfuturedevelopmentofthe
CityandinparticulartheBayfront.TheproposedhoteluseisconsistentwiththegoalsoftheGeneral
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Planfromacitywideperspective,aswellasfortheBayfrontPlanningArea.TheGeneralPlan
AmendmentimplementsthegoalsandobjectivesenvisionedfortheBayfrontPlanningAreaand
SweetwaterDistrict.TheCommercialVisitorlandusedesignationaccommodateshotels,and
contributes in the development of a dynamic Bayfront for the City’s residents and visitors.
Local Coastal Program Land Use Plan and Specific Plan
TheproposedzoningchangewouldbeconsistentwithChulaVista’sLCP.Undertheplan,(Table3-1,
pg.III-12)thelandusedistributionwouldstillallowfor21acresofofficeuseandincrease
CommercialVisitorusestojustover10acres.OthergoalscontainedintheLCPareconsistentwith
theproposedrezoneandGeneralPlanAmendment.Thefreewayorientationofthesite,the
integrationofnon-motorizedtransportationmodesandtheprotectionofcoastalsightlinesareall
factorsinherentintheproposalandconsistentwithgoalsestablishedbytheLCP.Theproposeduse
isconsistentwiththeLCP,whichincludeshoteluses.Alldevelopmentstandardsandrequirements
includedintheLCPforthesitewillremainthesameandtheyallcanbeachieved.Moreover,the
proposedusegeneratesfewerenvironmentalimpactsthantheallowedprofessionalofficeuse,as
furtherexplainedbelow.TheBayfrontSpecificPlanisintendedtoimplementapplicablelanduse
policydocumentsthroughaseriesofspecificdesignrelatedregulations.ThecurrentrequestbyLDA
istorezoneParcel1athroughamendmentstotheChulaVistaGeneralPlanandLCP.TheSpecific
Planrequiresdevelopmentrelatedstandardsthatarenotdirectlyapplicabletoause-relatedrezone
application.
Chula Vista Bayfront Master Plan
Asidefromthechangeinuse,theLDAproposaladherestoallrequirementscontainedinthe
CVBMP.Thedeveloperwillbeencouragedtofullyintegratethesubjectsitewithotherpublicusesin
theSweetwaterDistrictandworktodesignandconstructanappropriategatewayfortheEStreet
entrance to the Bayfront. The GPA implements the goals and objectives envisioned for the Bayfront.
TheLDAproposal,ifapproved,hastheabilitytoencouragedevelopmentinthenorthernportionof
theBayfront.Theproposalwouldalsofundinfrastructureimprovements.Theprovisionoflowercost
hotel accommodations is consistent with the goals of the Coastal Act.
Environment
TheChulaVistaGeneralPlanidentifieshoteldevelopmentasalowintensityuseandrecommends
visitorrelatedusesasagoalinthenorthwestsectorofChulaVista.Inadditiontothebuildingsize
andheight,LDAisrequiredtocomplywithallCVBMPrequirementswithrespecttoenergyefficiency,
landscaping,protectionzones,buildingmaterialsandoperations,etc.TheLDAproposalwillcomply
withtherequired100ft.ecologicalpreservebufferatthenorthernpropertyline.Inaddition,
construction,materialsandoperationswilladheretotherequirementscontainedintheCVBMP
Settlement Agreement approved in May, 2010.
Traffic
AtrafficstudydatedOctober26,2015waspreparedbyaregisteredtrafficengineer(Federhart)to
assesstheimpactontrafficgenerationfortheSiteasaresultoftheProject.Allfiguresusedinthis
analysiswerederivedfromthe2010CVBMPFEIR,Appendix4.2.1andSANDAG’S“Guideof
VehicularTrafficGenerationRatesfortheSanDiegoRegion,2002”.Forthepurposesofthis
analysis,abusinessclass,selectservicehoteldevelopmentwasconsideredbasedonthesubject
parcelsize,maximumroomcountandthelimitationofamenities,suchaspools,personalservices
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andonsiterestaurants.Itwasalsodeterminedthatcomparisonbuildingprogramswouldbeequal
and based upon the CVBMP approved development envelope (140,000 sq. ft./44 ft. ht.).
TheTrafficanalysisidentifiedsignificanttrafficrelatedbenefitsalongtheEStreetcorridorfromthe
proposedchangeinuseovertheexistingofficedesignationforthe1aparcel.Inparticular,peakhour
trafficimpactsarereducedanaverageof45%inthemorninghoursand47%duringeveningperiods.
Overall,trafficgenerationfortheproposedhoteluseis27%lowerthantheallowedofficeuse.No
significant traffic impacts beyond those identified in the CVBMP FEIR would result from this Project.
Utilities
ASewerandWaterDemandreport,datedDecember21,2015,waspreparedbyDexterWilson
Engineeringtodeterminethelevelofchangeinforecastwastewatergenerationandpotablewater
demandasaresultoftheproposedGPAandrezoning.Theanalysisconsideredthecurrent
projectionsfortheutilitiesasstatedinthe2010CVBMPFEIRforacommercialofficedevelopment.
Thatprojectiondatawascomparedtoestimatesforaproposedhotelcontainedinthesame
environmentaldocument.Thecomparisonassumedthatbothdevelopmentswouldobserveexisting
buildout scenarios allowed in the CVBMP (120,000 s.f./44 ft.).
Wastewater
Basedontheanalysispreparedbytheconsultant,thehotelusewouldresultinanetreductionof
2,600GallonsPerDay(GPD)whencomparedtotheofficeuse.Asaresultoftheproposedlanduse
change,Parcel1awillhaveanetbenefitbyreducingtotalwastewaterflowsandaccountforonly
2.2%ofthetotalprojectedflowsfortheentireSweetwaterDistrictasprojectedinthe2008Sewer
Technical Study.
Water
Theconsultantanalyzedprojecteddemandforpotablewaterfortheproposedlandusechangesand
comparedthatdemandtotheprojectedimpactsforanofficeusecontainedintheCVBMPFEIR.
Basedonthereview,thechangeinusewilladdapproximately9,250GPD.Thisincreaseis
consideredtobenegligibleandwillnotresultintheneedforadditionalfacilitiesbeyondthose
identifiedintheCVBMPFEIR.Theconsultantanalyzedthecapacityofexistingundergroundfacilities
(sewer/water)andthoseplannedtoadequatelyservetheSweetwaterDistrict,whichincludesthe
subjectsite.Basedonthatanalysis,nochangestotheplannedinfrastructureisrequiredor
recommended.Theincreaseisconsideredlessthansignificantandtherearenoimpactsbeyond
those identified in the CVBMP FEIR.
Public Noticing
ProcessingoftheproposedLCPAmendmentwentthroughtwolevelsofpublicreview.California
PublicResourcesCoderequiresthatamendmentstoLCP’sbesetforpublicreviewforaperiodof45
dayspriortotheirpresentationtopolicy-makersforconsideration.StaffsettheproposedLCP
AmendmentforpublicreviewfromAugust7,2017throughSeptember21,2017.Thedocuments
weredepositedforpublicconsultationattheCityofChulaVistaDevelopmentServicesPublic
CounterandtheChulaVistaPublicLibraryCivicCenterbranch,andanelectroniccopyofthe
documentswasalsoavailableontheCity’swebsiteandthelinkwasincludedinthewrittennotice.A
writtenpublicnoticewasmailedtoallpropertyownerswithintheLCPArea,aswellastoalistof
public agencies.
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AspartofthePlanningCommissionpublichearingontheGeneralPlanandLCPAmendment,anew
noticeofpublichearingwassenttoandpublishedintheStarNewsonOctober13,2017.Acopyof
thenoticewasalsomailedtoallpropertyownerswithintheLCPArea.Acopyoftheproposed
AmendmentdocumentsremainedinthePublicServicesCounter,librarybranchandCity’swebsite
for public consultation until the day of the Planning Commission hearing.
Andfinally,aspartoftheCityCouncilpublichearingontheAmendment,anewnoticeofpublic
hearingwassenttoandpublishedintheStarNewsonNovember24,2017.Acopyofthenoticewas
alsomailedtoallpropertyownerswithintheLCPArea.AcopyoftheLCPAdocumentsremainedin
thelibrarybranchesandCity’swebsiteforpublicconsultationuntilthedayoftheCityCouncil
hearing.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.
Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof
interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmembers,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theamendmentto
theLocalCoastalProgramanditsimplementationattheprojectlevelsupportalloftheCity’smajor
goalsbyprovidingalanduseandregulatorydocumentthatwillservetopromoteandfacilitatethe
implementationofdevelopmentprojectssuchastheproposedhotelproject,aswellasother
commercial,industrialandopenspaceprojects.Developmentoftheprojectscontemplatedinthe
LCPwillcreatejobs(EconomicVitality/OperationalExcellence),provideawellplannedcommunity
ontheBayfront(Healthy,StrongandSecureNeighborhoods)thatwillimprovethewesternpartofthe
City and connect the Bayfront to the rest of the City (Connected Community).
CURRENT YEAR FISCAL IMPACT
Allcostsassociatedwithprocessingtheproposedamendmentsarebornebytheapplicant,resulting
in no net fiscal impact to the General Fund or Development Services Fund.
ONGOING FISCAL IMPACT
Thoughajobcreationanalysishasnotbeendevelopedforthisapplication,LDAhasprepared
reportsforcomparablehotelprojectsinSouthernCalifornia.Atypicalselect-servicehotelwith
approximately200roomswouldgenerateapproximately250temporaryconstructionjobs,and
approximately45ongoinghoteloperationsjobsand28ongoingfoodservicejobs.Indirectjobs
createdsplitbetweenconstructionandhoteloperationsinducedactivitycouldgenerateanadditional
170 jobs.
Afiscalanalysisreportwaspreparedtoquantifythelevelofrevenuegenerationforahotelatthe
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subjectsiteandannualrateofreturnina10-yearplanninghorizon.Theanalysisindicatedthata
hotelwouldgeneratenearly20timesmorerevenuethanasimilarsizedofficecomplex.Sincelocal
demandforvisitoraccommodationsisgreaterthanofficedevelopment,thehotelusewouldbe
absorbedwithinthefirstthreeyears,whereasitwouldtakenearly8yearstoabsorbtheavailable
density for office under optimistic circumstances.
Inadditiontojobcreation,theprojectwouldgenerateTransientOccupancyTaxes(TOT)totheCity,
aswellasancillarysalestaxdollarsfromvisitors.AnnualTOTiscurrentlyestimatedtototal
$710,215, but may vary based upon the final proposed room count.
ATTACHMENTS
1.Local Coastal Plan Area Map
2.Site Locator Map
3.Addendum to EIR with Attachments
Staff Contact: Miguel Z. Tapia, AICP, Senior Planner
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¯
¯
Chula Vista Bayfront Local Coastal Plan
Feet
09501,9003,8005,7007,600
Chula Vista, California
LCP Planning Area
LCP Planning Area
City of Chula Vista
Land Use Plan
This map is for illustrative purposes only and does not provide precise design details.
PROJECT
LOCATION
CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
PROJECT DESCRIPTION:
PROJECT
Chula Vista
LOCATOR
APPLICANT:
MAJOR PLANNING APPLICATION
Bayside Hotels
PROJECT
Project Summary: Proposal to amend the City's General Plan & Bayfront LCP to
Parcel 1a at NWC of E St & I-5
ADDRESS:
allow two hotels at parcel 1a.
SCALE:
FILE NUMBER:
No Scale
Related cases: PCZ-15-0001
NORTH MPA15-0014
L:\\carlos files\\locators\\locators_04\\mpa15-0014.ai 030217
ATTACHMENT 3
ADDENDUM TO
FINAL ENVIRONMENTAL IMPACT REPORT
FEIR UPD 83356-EIR-658
PROJECT NAME:Chula Vista Bayside Hotels
PROJECT LOCATION:789 E Street, Chula Vista, CA
PROJECT APPLICANT:City of Chula Vista Property, LLC
CASE NO:FEIR UPD 83356-EIR-658
DATE:July 1, 2017
I.BACKGROUND
The purpose of this Addendum is to discuss a proposed Chula Vista Bayfront Master Plan(CVBMPor
Bayfront Master Plan)Amendment and General Plan Amendment, in order to change the zoning of the
1-aparcel(referred to as S4in theFinalEnvironmental Impact Reportand CVBMPdocuments)from
its current designation of Commercial Professional and Administrative (C-P) toCommercial Visitor
Limited(C-VL)(hotel only). No other changes to the CVBMPare proposed with this application. All
other land use requirements would remain in place as originally approved in the CVBMP.
On May 18, 2010, the San Diego Unified Port District, as Lead Agency (as such term is defined in
California Public Resources Code Section 21067), certified a Final Environmental Impact Report for the
CVBMP, Port Master Plan Amendmentand Local Coastal Program Amendment(UPD No. 83356-EIR-
658; SCH No. 2005081077). The FEIRcontains a comprehensive disclosure and analysis
ofpotential environmental effects associated with the implementation of the CVBMP, Port Master Plan
Amendmentand Local Coastal Program Amendment.On May 18, 2010, the City, as a Responsible
Agency (as such term is defined in California Public Resources Code Section 21069) after having
considered and relying on the FEIR, pursuant to the California Environmental Quality Act(California
PublicResources Code, Sec. 21000 et seq.), made certain Findings of Fact; adopted a Statement of
Overriding Considerations and adopted a Mitigation Monitoring and Reporting Program for the
CVBMP, and Local Coastal Program Amendment.
The approved Bayfront Master Plan calls for the development and revitalization of the Chula Vista
Bayfront. The Chula Vista Bayfront encompasses approximately 550 acres of land along the western
edge of the City adjacent to the San Diego Bay. The CVBMPwas approvedby the California Coastal
Commission on August 9, 2012. The project designates approximately 238acres (43%) of the site as
open space, creates a pedestrian circulation plan of approximately 54,000 linear feet of shoreline
promenade, trails, and sidewalks, improves public access and recreation opportunities, and establishes
new public parks for passive and active uses, including a 40-acre Signature Park. The CVBMPis
expected to stimulate significant economic growth within the San Diego Unified Port District (Port)
jurisdiction, City of Chula Vista (City), the South Bay area, and the overall region, with new sources of
revenue generation, increased employment opportunities, increased affordable housing, and private
sector participation. Prominent characteristics of the CVBMPinclude the development of a resort
conference center and other hotels, a Signature Park and other park and open spaceareas, a large
ecological buffer, up to 1,500 residential units, mixed-use office/commercial recreation, retail, cultural
uses, and reconfiguration of the existing Chula Vista Harbor.
The proposedproject, which is the subject of this Addendum,does notresult in any new significant
impacts beyond those previously identified in FEIR UPD 83356-EIR-658, nor an increase in severity of
any previously identified impacts.The environmental analysis presented in FEIR UPD 83356-EIR-658
addresses all potential impacts at the programmatic level associated with the development of the project
site. Because the Project, which is located within the Bayfront Master Planarea,would not result in any
new potentially significant impactsat the programmatic level, nor increase the severity of any impacts
identified in theFEIR,the project is considered to be adequately covered under FEIR UPD 83356-EIR-
658. No further environmental analysis is warranted.
II.PROPOSED PROJECT
The property that is the subject of the proposed amendment is located at 789 E Street, north of E Street,
west of Interstate 5 and east of the SDG&E Right of Way (Site).The Site consists of two lots with an
approximate area of 4.81 acres and is located in the CVBMPSweetwater District.The Site currently
has a General Plan land use designation of Professional & Officeand a Local Coastal Program land use
designation/zoning of Commercial -Professional and Administrative(CP).The proposed amendment
(Project)would change the GP and Bayfront MasterPlandesignation (zoning) toCommercial-
VisitorLimited(theThe Amendment, however, would beunique and customized to
this Site in that it would only allow hotels along with the typical uses that are ancillary to hotelssuch as
limited retail and restaurant.All other land use regulations for the Site such as height, setbacks, parking,
and floor area ratio, would remain unchanged. The Project does notinvolve approvals of any building or
site design drawings.Actual building and site planapprovals would be subject to separate future
application/approvaland Project specific environmental review pursuant to the California
Environmental Quality Act (CEQA).
The State CEQAGuidelines (§15162) establish the conditions under which a subsequent EIR shall be
prepared.
A.When an EIR has been prepared for a project, no subsequent EIR shall be prepared for that
project unless the lead agency determines, on the basis of substantial evidence in light of the
whole record, one or more of the following:
1.Substantial changes are proposed in the project which will require major revisions of the
EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
2.Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions to the EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects; or,
3.New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the EIR was prepared.
B.If changes to a project or its circumstances occur or new information becomes available after
preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under
2
Subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent
Negative Declaration, an addendum or no further documentation (Guidelines §15162).
Section 15164 of the State CEQA Guidelines provides that:
A.The lead agency shall prepare an addendum to a previously certified EIR if some changes or
additions are necessary but none of the conditions described in Section 15162 calling for
preparation of a subsequent EIR have occurred.
B.An addendum need not be circulated for public review but can be included in or attached to
the final EIR.
C.The decision-making body shall consider the addendum with the final EIR prior to making a
decision on the project.
D.A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section
the project, or elsewherein the record. The explanation must be supported by substantial
evidence.
ThisAddendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the
State CEQA Guidelines. The proposed Projectdoes not constitute a substantial change to the previously
approved Bayfront Master Plan. The proposed Projectwould not result in any environmental effects that
were not previously considered, nor would the changes increase the severity of any of the impacts
identified in FEIR UPD 83356-EIR-658. There has been no material change in circumstances relative to
theBayfront Master Plan, and no new information of substantial importance has become available after
the preparation of the FEIR. The mitigation measures identified in FEIR UPD 83356-EIR-658would be
equally applicable to the Bayfront Master Plan. Therefore, in accordance with Sections 15162 and 15164
of the State CEQA Guidelines, the City has prepared this Addendum to FEIR UPD 83356-EIR-658.
III.ANALYSIS
Summarized below are issue areas potentiallyaffectedby the proposed Project. As the discussion
outlined below indicates, however, the proposed Project does not result in any impacts beyond those
identified in FEIR UPD 83356-EIR-658.
Technical studies have been prepared for the Project to identify any potential environmental impacts.No
new significant impacts were identified in the technical studies regarding the proposed Project. The
technical studiesdemonstrate and substantiate that the proposed Project doesnot result in any new
significant impacts,nor increase in severity of any previously identified significant impacts.
3
Land Use Compatibility
The proposed Project only involves the change in allowable land use from Commercial Professional
and Administrative (C-P) to Commercial VisitorLimited(C-VL)(hotel only). The 44 foot height limit
that is currently in effect for the Site will remain. An existing 100 foot-wide wildlife habitat buffer at the
north of the Site would also remain. All other development requirements that are applicable to the Site
would remain in place as previously adopted.
Existing land uses for properties surrounding the subject parcel vary from open space to commercial.
Directly north of the 1-a parcel is the Sweetwater Marsh, which will be protected by the above mentioned
required 100-
uses to the west are an abandoned segment of Bay Boulevard (E Street to D Street), an inactive rail line
owned by theSan Diego and Eastern Arizona Railway (MTS) and directly west of the rail line is a 150-foot
wide utility transmission alignment owned and operated by San Diego Gas & Electric.Along the east
perimeter of the Site is the Bayshore Bikeway trail that runs parallel to Interstate 5(I-5). Approximately 415
feet from the eastern property line, on the east side of the I-5 are a mix of freeway commercial and multi-
family residential uses. On the south side of the property is the current Living Coast Discovery Center
parking lot, E Street, vacant land (between E St. and F St.) and the UTC Aerospace Systems (industrial)
campus, located on the south side of F St.
The change in the allowable land use from professional office to hotelwill not adversely affect any of
theland usesnoted above.Also, the adjacency requirements of the Multi Species Conservation Plan
(MSCP)will apply to the Project(incorporated asmitigation measures in the Bayfront Master Plan
FEIR), insuring that there are no adverse impacts from suchproject edge effects as lightingand noise.
Landform/Aesthetics:
Visual Character
Potentially significant impacts with respect to visual character would be avoided by requiring that the
Project adhere to regulations and design policies of the BayfrontMaster Plan, as well as conformance
with the Mitigation Measures of FEIR UPD 83356-EIR-658. Bayfront Master Plan policies address
bulk, massing, glare, and architectural character. The City of Chula Vista Design Guidelines are
applicable to the Site, and future projects involving hotel construction would be reviewed by the Chula
Vista Planning Commission for conformance with the Bayfront Master Plan and City Design
Guidelines. Project massing, materials, colors, architectural styling, and lighting would besubject to
design review and approval by the Chula Vista Planning Commission. The Project would be required to
incorporate bird strike avoidance measures as outlined in the FEIR. No impacts beyond those identified
in the FEIR would occur.
Light and Glare Effects
As noted in the FEIR, Summary of Environmental Analysis Results, the Bayfront Master Planallows
for substantial intensification of existing land uses by allowing taller building heights and more building
massing. Potential light or glare impacts could affect surrounding sensitive wildlife areasand,therefore,
appropriate mitigation measures were identified toreduce light and glare effects. The proposed Project
4
is required to comply with mitigation measure4.8-6of FEIR UPD 83356-EIR-658addressing lighting
impacts.Therefore,no additional significant light and glare impactswould result from this Project.
Traffic/Circulation:
A traffic study dated October 26, 2015 was prepared by a registered traffic engineer (Federhart) to
assess the impact on traffic generation for the site as a result of the Project. All figures used in this
analysis were derived from the 2010 CVBMP FEIR
Traffic Generation Rates for the San Diego Region, 2002.poses of this analysis, a business class,
select service hotel development was considered based on the subject parcel size, maximum room count and
the limitation of amenities, such as pools, personal services and onsite restaurants. It was also determined
that comparison building programs would be equal based upon the CVBMP approved development envelope
(140,000 sq. ft./44 ft. ht.).
The traffic analysis identified significant traffic related benefits along the E Street corridor from the proposed
change in use over the existing office designation for the 1-aparcel. In particular, peak hour traffic impacts are
reduced an average of 45% in the morning hours and 47% during evening periods. Overall, traffic generation
for the proposed hotel use is 27% lower than the allowed office use.No significant traffic impacts beyond
those identified in the Bayfront Master Plan FEIR would result from this Project.
Sewer and Water Demand
A Sewer and Water Demand report was prepared by Dexter Wilson EngineeringonDecember 21, 2015 to
determine the level of change in forecast wastewater generation and potable water demand as a result of the
proposed General Planamendment and rezoning. The analysis considered the current projections for the
utilities as statedin the CVBMP FEIR for a commercial office development. That projection data was
compared to estimates for a proposed hotel contained in the same environmental document. The comparison
assumed that both developments would observe existing buildout scenarios allowed in the CVBMP (120,000
s.f./44 ft.).
Wastewater
Based on the analysis prepared by the consultant, the hotel use would result in a net reduction of 2,600 Gallons
Per Day (GPD)when compared to the office use. As a result oftheproposed land use change, Parcel 1-a will
have a net benefit by reducing total wastewater flows and account for only 2.2% of the total projected flows for
the entire Sweetwater District as projected in the 2008 Sewer Technical Study.
Water
The consultantanalyzed projected demand for potable water for the proposed land use changes and
compared that demand to the projected impacts for an office use contained in the FEIR. Based on the
review, the change in use will add approximately 9,250 GPD.The consultant analyzed the capacity of
existing underground facilities (sewer/water) and those planned to adequately serve the Sweetwater
District,which includes the subject site. This increase is will not result in the need for additional
facilities beyond those identified in the FEIR.Based on that analysis, no changes to the planned
5
infrastructure is required or recommended.Therefore, theincrease in GPD is considered less than
significantand there are no impacts beyond those identified in the FEIR.
IV.CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above
discussion and substantial evidence in the record supporting said discussion, I hereby find that the
proposed project will result in only minor technical changes or additions which are necessary to make
the Environmental Impact Reportadequate under CEQA.
_________________________________
Stephen Power,AICP
Principal Planner
Attachment 1 Project site plan
Attachment 2 Executive Summary to FEIR 06-01
References:General Plan, City of Chula Vista
Zoning Ordinance, Title 19/City of Chula Vista
Chula Vista Bayfront Master Plan
6
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTACONSIDERINGADDENDUM TO
ENVIRONMENTAL IMPACTREPORT UPD#83356-EIR-
65B/SCH#2005081077,MAKING CERTAIN FINDINGS AND
APPROVING THE AMENDED2005 GENERAL PLAN AND
LAND USE PLAN OF THE LOCAL COASTAL PROGRAM
AND DIRECTING STAFF TO FORWARD THE SAME TO THE
CALIFORNIA COASTAL COMMISSION
WHEREAS, the land area that is covered by the Bayfront Local Coastal Program (LCP)
and the particular property that is the subject matter of this resolution is represented in Exhibit A
attached hereto and incorporated herein by this reference; and
WHEREAS, the property that is the subject of the proposed amendment is located at789
E Street, consists of two legal lots comprising approximately 4.81 acres in area and is located on
Bay Boulevard north of E Street, between the SDG&E Right of Way and the Interstate 5
freeway, and is designated and labeled in the LCP as Parcel 1a; and
WHEREAS, California State law requires that coastal cities adopt a LCP andsaid LCP
must be certified by the California Coastal Commission before the LCP can become effective
and implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and
WHEREAS, in 2012 the City of Chula Vista (City) and the San Diego Unified Port
District (Port District), in a collaborative effort with the community approved and adopted the
California Coastal Commission-certified LCP and in September 2015 madesome minor
amendments to the LCP, which is the LCP that is currently in effect today; and
WHEREAS, in January 2015 the development firm of Land Developers and Associates
Corporation (LDA), operating under the name of City of Chula VistaProperty, LLC (Property
Owner), and owner of the property located at 789 E Street, submitted an application to amend the
General Plan and the LCP; and
WHEREAS, said application proposes to change the 2005 General Plan land use
designation for the subject site from Professional & Office to Commercial Visitor and theLCP
Land Use Plan/Specific Plan zoning designation from Commercial -Professional and
Administrative to Commercial -Visitor Limited (Amendment); and
WHEREAS, the proposed changes do not cause substantial changes to the objectives,
policies, and regulations contained in the documents nor the Coastal Act policies; and
WHEREAS, the proposed changes to the General Plan and LCP documents are included
in Exhibit B attached to this Resolution and are hereby made a part hereof by this reference; and
Resolution No. _________
Page 2
WHEREAS, the Development Services Director has reviewed the proposed Amendment
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the Amendment was covered in previously adopted Environmental Impact Report UPD#83356-
EIR-65B/SCH#2005081077 (the “FEIR”). The Development Services Director has determined
that only minor technical changes or additions to this document are necessary and that none of
the conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, the Development Services
Director has prepared an Addendum to the FEIR; and
WHEREAS, the Development Services Director set the time and place for a hearingof
the Planning Commissionon the proposed General Plan and LCP Amendment, and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property ownerswithin the exterior boundaries of the
LCP Area, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
October 25, 2017, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the hearing was thereafter closed; and
WHEREAS,the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to the draft2005 General Plan andLCP Amendment
and Addendum; and
WHEREAS at said public hearing the Planning Commission recommended through a
vote of 5-0-0-2that the City Council approve the Resolution considering the Addendum to the
FEIR, make the findings contained therein, and approve the Amendment to the2005 General
Plan andLCP Land Use Plan; and
WHEREAS, the City Clerkset the time and place for a hearing ofthe City Council on the
proposed2005 General Plan andLCPAmendment, and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the Cityand its
mailing to property owners within the exterior boundaries of the LCP Area,at least ten days
prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on
December 5, 2017, at 5:00 p.m. in the City CouncilChambers, located at 276 Fourth Avenue,
before the City Council and said hearing was thereafter closed; and
WHEREAS, the City Council considered all reports, evidence, and testimony presented
at the public hearing with respect to the Addendum and 2005 General Plan andLCP
Amendment.
I.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby findand determine as follows:
Resolution No. _________
Page 3
A.ENVIRONMENTAL DETERMINATION
That the proposed project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and City Council has determined that the project was
covered in previously adopted Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077. The City Councilhas further determined that only minor
technical changes or additions to the FEIRare necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, consistent with section 15164 of the State
CEQA Guidelinesthe City Council has considered the Addendum to Environmental
Impact Report UPD#83356-EIR-65B/SCH#2005081077.
B.GENERAL PLAN AND COASTAL ACT CONSISTENCY:
That the proposed amendment to the 2005 General Plan and Local Coastal Program,
consisting of the Land Use Plan (LUP) and Specific Plan (SP), is consistent with the City
of Chula Vista General Plan and the policies of the Coastal Act. The proposed changes
to the LUP and SP are minor and unsubstantial and leave all of the provisions of the LUP
and SP intact. With the changes in place the provisions of the documents are still based
on sound planning principles and practices that will provide for the protection and
conservation of sensitive natural resources. The proposed changes to the land use and
zoning designations affect only the property located at 789 E Streetsand the rest of the
properties within the LCP area will remain unchanged. Furthermore, the rest of the
development standards and regulations, such as building height, setbacks, Floor Area
Ratio and lot coverage, as well as others, will remain the same and will continue to
regulate the future development of the site. The proposed changes are consistent with the
goals and objectives of the 2005 General Plan and LCP. The proposed changes will
contribute to open up and provide more direct access to the Bayfront and create better
connection to the rest of the city and the region. This will open up the Bayfront for the
enjoyment of residents and visitors. The new provisions of the General Plan and LUP
and SP will be conducive to the development of the Bayfront and the creation of a world-
class destination for residents and visitors.
II.BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby adopt the Proposed 2005 General Plan and LCP Amendment contained in a document
known as Local Coastal Program Amendment attached to this Resolution andincorporated
herein by this reference.
III.SUBMISSION TO COASTAL COMMISSION
BE IT FURTHERRESOLVED, that the City Council does hereby certify after a duly
called and duly noticed public hearing that the LCP is intended to be carried out in a manner
fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section
30510(a)).
Resolution No. _________
Page 4
BE IT FURTHERRESOLVED, that the City Council finds that the LCP complies with
the guidelines established by the California Coastal Commission and contains materials
sufficient for a thorough and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHERRESOLVED, that after a duly called and noticed public hearing the
City Council does hereby direct the City Manager or his designee to submit this subject
Resolution and the LCP, consisting of both the LUP and the SP, to the California Coastal
Commission and that the Coastal Commission certify the same (Public Resources Code Section
30514).
Presented by:Approved as to form by:
___________________________________________________________
Kelly Broughton, FLSAGlen R. Googins
Director of Development ServicesCity Attorney
Exhibit A –LCP Area & Parcel 1a Map
Exhibit B –2005 General Plan and LCP Land Use Plan Amendment
ORDINANCE NO.______________
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAMANDAMENDING CHULA
VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH19.87
AND MAKING CERTAIN FINDINGS WITH REGARD THERETO
WHEREAS, the land area that is covered by the Bayfront Local Coastal Programand the
particular property that is the subject matter of this Ordinanceis represented in Exhibit A attached
hereto and incorporated herein by this reference; and
WHEREAS, the property that is the subject of the proposed amendment is located at789 E
Street, consists of two legal lots comprising approximately 4.81 acres in area and is located on Bay
Boulevard north of E Street, between the SDG&E Right of Way and the Interstate 5 freeway, and is
designated and labeled in the LCP as Parcel 1a; and
WHEREAS, California State law requires that coastal cities adopt a LCP and said LCP must
be certified by the California Coastal Commission before the LCP can become effective and
implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and
WHEREAS, in 2012 the City of Chula Vista (City) and the San Diego Unified Port District
(Port District), in a collaborative effort with the community approved and adopted the California
Coastal Commission-certified Local Coastal Program (LCP) and in September 2015 madesome
minor amendments to the LCP, which is the LCP that is currently in effect today; and
WHEREAS, in January 2015 the development firm of Land Developers and Associates
Corporation (LDA), operating under the name of City of Chula VistaProperty, LLC (Property
Owner), and owner of the property located at 789 E Street, submitted an application to amend the
General Plan and the LCP; and
WHEREAS, said application proposes to change the 2005 General Plan land use designation
for the subject site from Professional & Office to Commercial Visitor and the LCP Land Use
Plan/Specific Plan zoning designation from Commercial -Professional and Administrative to
Commercial-Visitor Limited (Amendment); and
WHEREAS, the proposed changesto the 2005 General Plan and LCP Specific Plando not
cause substantial changes to the objectives, policies, and regulations contained in the documents nor
the Coastal Act policies; and
WHEREAS, the proposed changes to the General Plan and LCP documents are included in
Exhibit B attached to this Ordinanceand are hereby made a part hereof by this reference; and
Ordinance No. __________
Page2
WHEREAS, the Development Services Director has reviewed the proposed Amendment for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Amendment was covered in previously adopted Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077 (the “FEIR”). The Development Services Director has determined that only
minor technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Services Director has prepared an Addendum
to the FEIR; and
WHEREAS, the Development Services Director set the time and place for a hearing of the
Planning Commission on the proposed General Plan and LCP Amendment, and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the City and its mailing to property ownerswithin the exterior boundaries of the LCP Area, at least
10 days priorto the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 25, 2017, at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and
said hearing was thereafter closed; and
WHEREAS,the Planning Commission reviewed and considered the Proposed LCP
Amendment; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended with a vote of5-0-0-2that the City Council consider the Addendum to the
FEIR andapprove the LCP Amendment, including the Specific Plan; and
WHEREAS, the City Clerkset the time and place for the hearing of the City Council on the
LCP Amendment, including the Specific Plan,and notices of the hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city, and its mailing to
property owners within exterior boundaryof the LCPat least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the LCP Amendment, including
the Specific Plan,was held before the City Council on December 5, 2017, in the City Council
Chambers, located at 276 Fourth Avenue, at 5:00 p.m. to receive the recommendations of the
Planning Commission and to hear public testimony with regard to the sameand said hearing was
thereafter closed.
SECTION I.
NOW,THEREFORE, BE IT ORDAINEDthat the City Council of the City of Chula Vista
does hereby find and determine as follows:
A.ENVIRONMENTAL DETERMINATION
That the proposed project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and City Council has determined that the project
Ordinance No. __________
Page3
was covered in previously adopted Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077. The City Council has further determined that only minor
technical changes or additions to the FEIRare necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred;therefore, consistent with
section 15164 of the State CEQA Guidelinesthe City Council has considered the
Addendum to Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077.
B.CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT
That the proposed amendment to the Local Coastal Program, consisting of the Land
Use Plan (LUP) and Specific Plan (SP), is consistent with the City of Chula Vista
General Plan and the policies of the Coastal Act. The proposed changes to the LUP
and SP are minor and unsubstantial and leave all of the provisions of the LUP and SP
intact. With the changes in place the provisions of the documents are still based on
sound planning principles and practices that will provide for the protection and
conservation of sensitive natural resources. The proposed changes to the land use
and zoning designations affect only the property located at 789 E Streets and the rest
of the properties within the LCP area will remain unchanged. Furthermore, the rest
of the development standards andregulations, such as building height, setbacks,
Floor Area Ratio and lot coverage, as well as others, will remain the same and will
continue to regulate the future development of the site. The proposed changes are
consistent with the goals and objectivesof the 2005 General Plan and LCP. The
proposed changes will contribute to open up and provide more direct access to the
Bayfront and create better connection to the rest of the city and the region. This will
open up the Bayfront for the enjoyment of residents and visitors. The new provisions
of the General Plan and LUP and SP will be conducive to the development of the
Bayfront and the creation of a world-class destination for residents and visitors.
SECTION II.
BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby
approve the amendment to the LCP Specific Plan contained in Exhibit B attached to this Ordinance
and on file at the Office of the City Clerk, and incorporated herein by this reference and thereby
amending Chula Vista Municipal Code Chapters 19.81 thru 19.87.
SECTION III.SUBMISSION TO COASTAL COMMISSION
BE IT FURTHER ORDAINED, that the City Council does hereby certify after a duly called
and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in
conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)).
BE IT FURTHER ORDAINED, that the City Council finds that the LCP complies with the
guidelines established by the California Coastal Commission and contains materials sufficient for a
Ordinance No. __________
Page4
thorough and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHER ORDAINED, that after a duly called and noticed public hearing the City
Council does hereby direct the City Manager or his designee to submit this subject Ordinance and the
LCP, consisting of both the LUP and the SP, to the California Coastal Commission and that the
Coastal Commission certify the same (Public Resources Code Section 30514).
SECTION IV.SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that
portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall
not affect the validity or enforceability of the remaining portions of the Ordinance, or its application
to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that
it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the
fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
SECTION V.CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light
of that intent.
SECTION VI.EFFECTIVE DATE
This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal
Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the
California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtiethday from
and after this Ordinance’s final adoption.
SECTION VII.PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
Presented by:Approved as to form by:
__________________________________________________________________
Kelly Broughton, FLSAGlen R. Googins
Director ofDevelopment ServicesCity Attorney
Ordinance No. __________
Page5
Exhibit A –LCP Area & Parcel 1a Map
Exhibit B –LCP Specific Plan Amendment
City of Chula Vista
Staff Report
File#:17-0467, Item#: 7.
PRESENTATIONOF2017MARKETINGANDCOMMUNICATIONSACTIVITIESINCLUDING
RESULTS FROM THE “THIS IS CHULA” IMAGE ADVERTISING CAMPAIGN
RECOMMENDED ACTION
Council hear the report.
SUMMARY
StaffwillupdatetheCityCouncilon2017marketingandcommunicationsactivitiesincludingresults
of the “THISisChula” image advertising campaign that ran January - June 2017.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical
changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
TheCityofChulaVistaimplementsacomprehensivemarketingandcommunicationsprogramto
promotetheCity,increaseawareness,improveperceptions,andadvancetheCity’simage.InFY
2017,fundswereallocatedtosecureconsultantassistancetodevelopanimageadvertising
campaigntogenerateawarenessoftheassetsandattractionsintheCityofChulaVistatothosewho
donotliveinChulaVista.TheCityselectedNV5todevelopthecampaignfollowinganRFPprocess.
TheCommunityRelationsdivisionfromNV5,aninternationalengineeringandconsultantfirmlocated
inSanDiego,developedaboldandcreativecampaigndesignedtoshowcasethedesirablequalityof
lifeinChulaVista.Thecampaignwasfeaturedonbillboardsthroughoutthecounty;indigital
advertising;andonpaidsocialmediaadvertising.TheMarketing&Communicationsteamsupported
thepaidadvertisingeffortwitharobustsocialmediaprogramontheCity’sFacebook,Twitterand
Instagramplatforms.Anewwebsitewasdevelopedforthecampaignwww.ExploreChulaVista.com
whichconnectsvisitorstoattractions,entertainment,activities,and“DidYouKnow”informationabout
City of Chula VistaPage 1 of 2Printed on 11/30/2017
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File#:17-0467, Item#: 7.
theCity.Inaddition,theCityimplementedanextensivesocialmediaprogramtosupportthe
campaignusing#THISisChulatohighlightthemanyassetsandexcitingactivitiestoexploreinChula
Vista.Thecampaigngeneratedextensivenewsmediacoverage,socialmediaengagement,and
communityawarenessthroughouttheregion.StaffalsowillupdateCouncilonothermarketingand
communications accomplishments.
DECISION-MAKER CONFLICT
Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or
clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein
makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704(d)
(1).Consequently,thisitemdoesnotpresentaconflictofinterestunderthePoliticalReformAct
(Cal. Gov't Code § 87100, et seq.).
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theimageadvertising
campaign and perception survey supports the Connected Community and Economic Vitality goals.
CURRENT YEAR FISCAL IMPACT
TherearenoadditionalfiscalimpactsinthecurrentFiscalYear.FundswereincludedintheFY2018
budgetforadvertising,marketingandcommunicationsactivitiesincludingaPhase2image
advertising campaign.
ONGOING FISCAL IMPACT
Staffwillsubmitrecommendationsforadvertisingandmarketingactivitiesaspartoftheannual
budget process.
ATTACHMENTS
None
Staff Contact: Anne Steinberger
City of Chula VistaPage 2 of 2Printed on 11/30/2017
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City of Chula Vista
Staff Report
File#:17-0516, Item#: 8.
Consideration of reappointment of Ann Moore to the San Diego Board of Port Commissioners for the
term beginning January 2019.
City of Chula VistaPage 1 of 1Printed on 11/30/2017
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City of Chula Vista
Staff Report
File#:17-0526, Item#: 9.
Councilmember Aguilar:
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTASUPPORTINGTHE
DREAM ACT OF 2017
Recommended Action: Council adopt the resolution.
City of Chula VistaPage 1 of 1Printed on 11/30/2017
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTINGTHE DREAM ACT OF 2017
WHEREAS, in September2017 President Trump and U.S. Attorney General Sessions
announced aMarch 2018end to a DOJ program that shields certain young undocumented
immigrants (“Dreamers”) from deportation;and
WHEREAS,President Trump and Attorney General Sessions urged Congress to use that
6-month period to pass legislation that would replace the program;and
WHEREAS, the Dream Act of 2017, S. 1615, ispending in the United States Senate; and
WHEREAS, an identical bill of the same name, H.R. 3440(collectively herein “the Dream
Act”), is pending in the UnitedStates House of Representatives; and
WHEREAS, the Dream Act would provide an eventual path to citizenship for those
“Dreamers” who meet all requirements of the bill;and
WHEREAS, according to billsummaries, theDream Act would direct the Department of
Homeland Security to cancel removal and grant lawful permanent resident status on a conditional
basis to an alien(a term of art in federal immigration statutes)who is inadmissible or deportable
or is in temporary protected status who: (1) has been continuously physically present in the United
States for four years preceding the bills’ enactment; (2) was younger than 18 years of age on the
initial date of U.S. entry; (3) is not inadmissible on criminal, security, terrorism, or other grounds;
(4) has not participated in persecution; (5) has not been convicted of specified federal or state
offenses; and (6) has fulfilled specified educational requirements; and
WHEREAS, according to bill summaries, theDream Act would require the Department of
Homeland Security to cancel the removal of, and adjust to the status of an alien lawfully admitted
for permanent residence on a conditional basis, an alien who was granted Deferred Action for
Childhood Arrivals (DACA) status unless the alien has engaged in conduct that would make the
alien ineligible for DACA; and
WHEREAS, according bill summaries, the Dream Act would prohibit the Department of
Homeland Security from (1) granting conditional permanent resident status without the submission
of biometric and background data, and completion of background and medical checks; and (2)
disclose or use information provided in applications filed under the Dream Act or in DACA
requests for immigration enforcement purposes; and
WHEREAS, according billsummaries, the Dream Act would prescribe the conditions
under which the Department of Homeland Security (1) may terminate a person’s conditional
permanent residents status, and (2) shall adjust a person’s conditional status to permanent resident
status; and
WHEREAS, according to billsummaries, the Dream Act (1) sets forth documentation
requirements for establishing DACA eligibility,and (2) repeals the denial of an unlawful alien’s
eligibility for higher education benefits based on state residence; and
WHEREAS, more than 400 Chief Executive Officers of America’s largest corporations,
including the CEOs of such companies as AT&T, Best Buy, Amazon, Apple, Microsoft,
Facebook and Alphabet, have signed a letter calling upon the administration to “preserve the
DACA program,” and calling upon Congress to “pass the bipartisan DREAM Act or legislation
that provides these young people raised in our country the permanent solution they deserve;”
and
WHEREAS, at the November 21, 2017 Council meeting, members of the public and the
City Council advocated for the Dream Act and asked the City Councilto pass a support resolution
at the next meeting; and
WHEREAS, City Council directed staff to bring back a resolution supporting the Dream
Act, and this Resolution implements that direction; and
WHEREAS, theCity of Chula Vistaembraces the diversity of its residents, students and
members of its workforce,and encourages the participation of allresidentsincommunity life.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that iturges the U.S. Congress to support the Dream Act of 2017.
Presented byApproved as to form by
Gary HalbertGlen R. Googins
City ManagerCity Attorney