Loading...
HomeMy WebLinkAboutAgenda Packet 2019_01_08 500 pmJanuary 8, 2019City Council Agenda ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO THE BOARD OF ETHICS APPOINTMENT PROCESS AND THE FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS AND CHARTER REVIEW COMMISSION (SECOND READING AND ADOPTION) 18-05952.18-0595 City Clerk Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the ordinance. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES TO PROVIDE HORIZONTAL DIRECTIONAL DRILLING CONSULTING SERVICES 18-04863.18-0486 Engineering Department Department: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities); Section 15302 Class 2 (Replacement or Reconstruction); and Section 15303 class 3 (New Construction or Conversion of Small Structures). Environmental Notice: Council adopt the resolution. Recommended Action: Page 2 City of Chula Vista Printed on 1/3/2019 2019-01-08 Agenda Packet Page 2 January 8, 2019City Council Agenda A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AND MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, THE METROPOLITAN TRANSIT SYSTEM, AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ASSIGNING RESPONSIBILITY FOR THE MAINTENANCE OF IMPROVEMENTS ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, THE CITY OF CHULA VISTA, AND THE METROPOLITAN TRANSIT SYSTEM REGARDING RAPID TRAFFIC SYSTEMS OPERATIONS AND MAINTENANCE ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM FOR THE MAINTENANCE OF THE EAST PALOMAR STREET TRANSIT STATION STREET IMPROVEMENTS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2018/2019 OPERATING BUDGET FOR THE DEPARTMENT OF ENGINEERING AND CAPITAL PROJECTS' SUPPLIES AND SERVICES ($163,000) AND UTILITIES ($17,000) EXPENSE CATEGORIES BASED ON UNANTICIPATED REVENUE ($180,000) ASSOCIATED WITH THE JOINT USE AND MAINTENANCE AGREEMENT AND RAPID TRAFFIC SYSTEMS MEMORANDUM OF UNDERSTANDING (4/5 VOTE REQUIRED) (This item was continued from the 12/18/2018 meeting.) . 18-05034.18-0503 Page 3 City of Chula Vista Printed on 1/3/2019 2019-01-08 Agenda Packet Page 3 January 8, 2019City Council Agenda Engineering Department Department: This activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Environmental Notice: Council adopt the resolutions. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES BETWEEN THE CITY AND AYRES-MILLENIA, LP FOR $903,555 IN FEES IN CONNECTION WITH A 135-ROOM HOTEL PROJECT AT 1710 MILLENIA AVENUE 18-05125.18-0512 Development Services Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING DESIGN STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN THE CITY’S RIGHT-OF-WAY 18-05986.18-0598 Economic Development Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Recommended Action: ITEMS REMOVED FROM THE CONSENT CALENDAR Page 4 City of Chula Vista Printed on 1/3/2019 2019-01-08 Agenda Packet Page 4 January 8, 2019City Council Agenda PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. CITY MANAGER’S REPORTS MAYOR’S REPORTS COUNCILMEMBERS’ COMMENTS CITY ATTORNEY'S REPORTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council meeting at the City Attorney’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1 ] Case. Consideration of settlement of marijuana enforcement action against 3149 Main St., Chula Vista, California. 18-05887.18-0588 ADJOURNMENT to the regular City Council meeting on January 15, 2019, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. Page 5 City of Chula Vista Printed on 1/3/2019 2019-01-08 Agenda Packet Page 5 January 8, 2019City Council Agenda In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 6 City of Chula Vista Printed on 1/3/2019 2019-01-08 Agenda Packet Page 6 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, June 26, 2018 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Records Manager Turner PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Diaz led the Pledge of Allegiance. CONSENT CALENDAR (Items 1 - 4) Items 4A and 4B were removed from the Consent Calendar at the request of a member of the public. City Attorney Googins announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Item 4C, Councilmember Aguilar on Items 4D and 4E, Councilmember McCann on Items 4E and 4F; and Councilmember Padilla on Item 4G. 1.18-0280 APPROVAL OF MINUTES of April 10, 2018, 5:00 p.m. and 5:30 p.m. Recommended Action: Council approve the minutes. 2.18-0277 WRITTEN COMMUNICATIONS Memo from Mayor Casillas Salas requesting an excused absence from the June 19, 2018 council meeting. Recommended Action: Council excuse the absence. 3.18-0266 ORDINANCE NO. 3428 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD PUBLIC WORKS SUPERINTENDENT (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. Page 1City of Chula Vista 2019-01-08 Agenda Packet Page 7 June 26, 2018City Council Meeting Minutes - Draft Items 4A and 4B were removed from the Consent Calendar. 4.18-0222 A. RESOLUTION NO. 2018-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018-19 FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT (ZONES A THROUGH E), BAY BOULEVARD MAINTENANCE DISTRICT, AND TOWN CENTRE MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 B. RESOLUTION NO. 2018-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 7, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, D, AND E), AND BAY BOULEVARD MAINTENANCE DISTRICT C. RESOLUTION NO. 2018-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICTS 9, 10 AND TOWN CENTRE MAINTENANCE DISTRICT D. RESOLUTION NO. 2018-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICT 8 E. RESOLUTION NO. 2018-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICT 20 (ZONE 7) F. RESOLUTION NO. 2018-122 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT Page 2City of Chula Vista 2019-01-08 Agenda Packet Page 8 June 26, 2018City Council Meeting Minutes - Draft ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 G. RESOLUTION NO. 2018-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 (ZONE C) Recommended Action: Council adopt the resolutions and set the public hearing for July 24, 2018. Approval of the Consent Calendar A motion was made by Councilmember McCann, seconded by Councilmember Padilla, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Items 1 through 3: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Items 4A and 4B were removed from the Consent Calendar. Item 4C: ACTION: Yes:Aguilar, Diaz, McCann and Padilla4 - No:0 Abstain:Casillas Salas1 - Item 4D:ACTION: Yes:Diaz, McCann, Padilla and Casillas Salas4 - No:0 Abstain:Aguilar1 - Item 4E:ACTION: Yes:Diaz, Padilla and Casillas Salas3 - No:0 Abstain:Aguilar and McCann2 - Item 4F:ACTION: Yes:Aguilar, Diaz, Padilla and Casillas Salas4 - No:0 Abstain:McCann1 - Page 3City of Chula Vista 2019-01-08 Agenda Packet Page 9 June 26, 2018City Council Meeting Minutes - Draft Item 4G:ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:Padilla1 - ITEMS REMOVED FROM THE CONSENT CALENDAR 4.18-0222 A. RESOLUTION NO. 2018-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018-19 FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT (ZONES A THROUGH E), BAY BOULEVARD MAINTENANCE DISTRICT, AND TOWN CENTRE MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 B. RESOLUTION NO. 2018-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 7, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, D, AND E), AND BAY BOULEVARD MAINTENANCE DISTRICT C. RESOLUTION NO. 2018-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICTS 9, 10 AND TOWN CENTRE MAINTENANCE DISTRICT D. RESOLUTION NO. 2018-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICT 8 E. RESOLUTION NO. 2018-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICT Page 4City of Chula Vista 2019-01-08 Agenda Packet Page 10 June 26, 2018City Council Meeting Minutes - Draft 20 (ZONE 7) F. RESOLUTION NO. 2018-122 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 G. RESOLUTION NO. 2018-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2018-19 ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 (ZONE C) Marianne Gibson, Chula Vista resident, spoke regarding maintenance services in Open Space District 11. A motion was made by Councilmember Aguilar, seconded by Councilmember Diaz, that Resolution Nos. 2018-117 (Item 4A) and 2018-118 (Item 4B) be adopted, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 PUBLIC COMMENTS John Humiston, Chula Vista resident, expressed concern regarding commercial marijuana activity. PUBLIC HEARINGS 5.18-0104 A. RESOLUTION NO. 2018-124 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECT CHV 48 FOR FISCAL YEARS 2018-19 THOUGH 2022-23 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS B. RESOLUTION NO. 2018-125 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECT CHV 80 FOR FISCAL YEARS 2018-19 THOUGH 2022-23 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Page 5City of Chula Vista 2019-01-08 Agenda Packet Page 11 June 26, 2018City Council Meeting Minutes - Draft C. RESOLUTION NO. 2018-126 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS EXCEPT FOR PROJECTS CHV 48 AND CHV 80 FOR FISCAL YEARS 2018-19 THOUGH 2022-23 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS, APPROVING ADMINISTRATIVE TRANSFERS AS REQUIRED BY SANDAG, REDUCING CTY0228 BY $36,921 IN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT IN TRANSNET FUNDS TO STL0423 (4/5 VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City Attorney Googins announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Items 5A and 5B, and Councilmember McCann on Item 5A. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Mayor Casillas Salas and Councilmember McCann left the dais at 5:24 p.m. A motion was made by Councilmember Padilla, seconded by Councilmember Aguilar, to adopt Resolution No. 2018-124 (Item 5A), heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz and Padilla3 - No:0 Abstain:McCann and Casillas Salas2 - Councilmember McCann returned to the dais at 5:26 p.m. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to adopt Resolution No. 2018-125 (Item 5B), heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Padilla4 - No:0 Abstain:Casillas Salas1 - Mayor Casillas Salas returned to the dais at 5:27 p.m. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to adopt Resolution No. 2018-126 (Item 5C), heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Page 6City of Chula Vista 2019-01-08 Agenda Packet Page 12 June 26, 2018City Council Meeting Minutes - Draft CITY MANAGER’S REPORTS City Manager Halbert reported on the Supreme Court ruling of the Wayfair vs. South Dakota sales tax case. MAYOR’S REPORTS Mayor Casillas Salas spoke regarding the following events: Urban Land Institute presentation regarding the Chula Vista Bayfront Master Plan, the ICLEI World Congress in Montreal, the upcoming First Friday Breakfast, the 4th Fest at the Elite Athlete Training Center, and Chula Vista Summer Nights. COUNCILMEMBERS’ COMMENTS Councilmember McCann spoke regarding the ribbon cutting ceremony at the Elite Athlete Training Center dorms and he thanked Chili's restaurant for sponsoring a daddy-daughter event. Deputy Mayor Diaz spoke regarding the legalization of commercial cannabis activity. Councilmember Padilla congratulated the Elite Athlete Training Center on its dorms. He also spoke regarding communication related to varied political viewpoints. At the request of Councilmember Aguilar, there was consensus of the Council to add an item to the agenda for the meeting of July 10, 2018, to consider a resolution regarding the issue of separating families and the importance of keeping families together. CITY ATTORNEY'S REPORTS City Attorney Googins spoke regarding the opening of the Elite Athlete Training Center dorms and thanked staff for their involvement. ADJOURNMENT At 5:47 p.m., the meeting was adjourned to the Regular City Council Meeting on July 10, 2018, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 7City of Chula Vista 2019-01-08 Agenda Packet Page 13 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, July 10, 2018 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor Casillas Salas Councilmember Padilla left at 6:50 p.m. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Larrarte PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Diaz led the Pledge of Allegiance. Mayor Casillas Salas announced that Items 8 and 11 would be taken out of order and heard prior to Special Orders. PUBLIC HEARINGS (Part 1 of 2) 8.18-0202 A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN (FORM BASED CODE) FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH RELATING TO MODIFICATIONS IN THE OVERALL BUILDOUT INTENSITY, BUILDING HEIGHTS AND DISTRICT 6 REGULATIONS (FIRST READING) B. RESOLUTION NO. 2018-135 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE MODIFICATIONS TO THE SUPPLEMENTAL PUBLIC FACILITIES FINANCE PLAN (PFFP) AND FISCAL IMPACT ANALYSIS (FIA) AND APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS RELATING TO MODIFICATIONS IN THE OVERALL BUILDOUT INTENSITY, BUILDING HEIGHTS AND DISTRICT 6 REGULATIONS Page 1City of Chula Vista 2019-01-08 Agenda Packet Page 14 July 10, 2018City Council Meeting Minutes - Draft C. RESOLUTION NO. 2018-136 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO EIR 07-01 AND APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS RELATING TO MODIFICATIONS IN THE OVERALL BUILDOUT INTENSITY, BUILDING HEIGHTS AND DISTRICT 6 REGULATIONS D. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SLF IV - MILLENIA, LLC (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Project Coordinator Kurz, Assistant Director of Development Services Allen, and Economic Development Director Crockett gave the presentation. Senior Project Coordinator Kurz announced that a revised attachment had been distributed to the Council. City Attorney Googins announced that a revised version of Resolution B had been distributed to the Council. Staff answered questions from Council. Mayor Casillas Salas opened the public hearing. The following members of the public spoke in support of staff's recommendation: -Todd Galarneau, representing Meridian Development -Lee Chestnut, representing Chestnut Properties -David Waters, San Diego resident -Jessica Duncan, representing Trammell Crow Residential -Alex Llerenas, representing New Way Landscape & Tree Services -David Boggs, representing New Way Landscape & Tree Services -Lisa Cohen, representing the Chula Vista Chamber of Commerce The following members of the public spoke in opposition to staff's recommendation: -Kenn Colclasure, Chula Vista resident -Theresa Acerro, Chula Vista resident, and she spoke on behalf of Joanna Ward. -Bill Schlegger, Chula Vista resident -Steven Pavka, Chula Vista resident -Randy Epstein, representing Crossroads, submitted a request to speak but declined to do so when called. -Ray Volle, Chula Vista resident, requested to donate his time to Randy Epstein. -Gregor Connors, Encinitas resident, submitted a request to speak but declined to do so when called. -David Quezade, representing New Way Landscape & Tree Services, submitted a request to speak but declined to do so when called. Mayor Casillas Salas announced that written communications from JoAnn Springer in opposition to staff's recommendation had been received. Page 2City of Chula Vista 2019-01-08 Agenda Packet Page 15 July 10, 2018City Council Meeting Minutes - Draft There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Council discussion ensued. A motion was made by Councilmember Padilla, seconded by Mayor Casillas Salas, to adopt Resolution Nos. 2018-135 and 2018-136, and place the above ordinance on first reading, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 COUNCILMEMBERS’ COMMENTS (Part 1 of 2) 11.18-0305 RESOLUTION NO. 2018-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING POLICIES WHICH SEPARATE, AND SUPPORTING NON-CRIMINAL PROCESSING OF, IMMIGRANT FAMILIES; AND CALLING ON THE U.S. GOVERNMENT TO IMMEDIATELY REUNITE FAMILIES SEPARATED AT THE BORDER Councilmember Aguilar presented the item. At the request of Councilmember Padilla, there was consensus of the Council to hear the testimony of members of the public present and to continue the discussion and action on the item to the meeting of July 17, 2018. The following members of the public spoke in opposition to families being separated: -Paola Martinez-Montes, representing the Chula Vista Human Relations Commission -Jacob Babauta, Bonita resident -Margaret Baker, representing South Bay People Power -Patty Hoffman, representing South Bay People Power -Luz Maria Lopez, representing South Bay People Power -Matthew Arnold, representing South Bay People Power -Vince Snodgrass, Chula Vista resident -Jim Scofield, Chula Vista resident -Caroline Scofield, Chula Vista resident -David Larom, Chula Vista resident -Connie Mack, representing South Bay People Power -Rick Bramhall, representing the American Civil Liberties Union -Lisa Cox, representing the American Civil Liberties Union -Steven Pavka, Chula Vista resident -Gloria Valdovinos, representing the American Civil Liberties Union People Power -Dulce Garcia, representing San Diego Border Dreamers -Ali Torabi, representing San Diego Border Dreamers -Nick Paul, Chula Vista resident, and also spoke in favor of ending contracts that allow US Marshalls to use city facilities to house individuals on immigration hold. -Rudy Ramirez, Chula Vista resident, and urged adoption of the resolution with the strongest language. -Milad Torabi, representing San Diego Border Dreamers Kathy Cappos Hardy, Chula Vista resident, submitted written communications, spoke in support of the resolution and provided suggested modifications. Page 3City of Chula Vista 2019-01-08 Agenda Packet Page 16 July 10, 2018City Council Meeting Minutes - Draft The following members of the public did not wish to speak, but submitted written documentation in support of the proposed resolution: -Matthew Keenan, Chula Vista resident -Louise Williamson, representing South County Teachers United Social Justice Corps -Dawn Dershem, Chula Vista resident -Jose Lopez, representing the Association of Chamber of Commerce Executives and Espacio Migrante -Carlos Hernandez Brenda Arnold, representing South Bay People Power, submitted a request to speak but did not appear when her name was called. There was a consensus of the Council to continue Item 11 to the meeting of July 17, 2018. SPECIAL ORDERS OF THE DAY A.18-0172 PRESENTATION BY LAURIE BROEDLING ON TREE SAN DIEGO’S EFFORTS IN THE CITY OF CHULA VISTA Laurie Broedling, representing Tree San Diego, gave the presentation. B.18-0296 PRESENTATION BY SWEETWATER AUTHORITY GENERAL MANAGER TISH BERGE ON SECURING OUR WATER FUTURE Mayor Casillas Salas announced that this item would be continued. CONSENT CALENDAR (Items 1 - 6) Item 6 was removed from the Consent Calendar by Deputy Mayor Diaz. 1.18-0284 APPROVAL OF MINUTES of April 24, 2018, 2:00 p.m. and 5:00 p.m. Recommended Action: Council approve the minutes. 2.18-0204 A. RESOLUTION NO. 2018-127 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 5, 2018, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION NO. 2018-128 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, FOR THE PURPOSE OF CONDUCTING A RUN-OFF ELECTION TO ELECT A MAYOR, TWO MEMBERS OF THE CITY COUNCIL, REPRESENTING DISTRICTS 1 AND 2, AND A CITY ATTORNEY; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION Page 4City of Chula Vista 2019-01-08 Agenda Packet Page 17 July 10, 2018City Council Meeting Minutes - Draft C. RESOLUTION NO. 2018-129 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 6, 2018 Recommended Action: Council adopt the resolutions. 3.18-0264 A. RESOLUTION NO. 2018-130 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COLE & ASSOCIATES, INC. FOR THE PREPARATION OF A PEDESTRIAN CONNECTIVITY AND INFRASTRUCTURE IMPROVEMENT PLAN AND APPROPRIATING $27,800 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO CIP GGV0222 (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2018-131 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $40,000 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITY REPLACEMENT FUND TO CIP SWR0278 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolutions. 4.18-0268 RESOLUTION NO. 2018-132 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE RELINQUISHMENT OF THE PROPERTY SEGMENTS INCLUDING ROADWAY IMPROVEMENTS AS DESCRIBED ON RELINQUISHMENT MAP R34590 BY ACTION OF THE CALIFORNIA TRANSPORTATION COMMISSION Recommended Action: Council adopt the resolution. 5.18-0282 RESOLUTION NO. 2018-133 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE POLICE DEPARTMENT WITH NO NET INCREASE IN AUTHORIZED STAFFING AND APPROPRIATING $43,505 IN PERSONNEL AND REVENUES IN THE FY19 POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND Recommended Action: Council adopt the resolution. Item 6 was removed from the Consent Calendar. Approval of the Consent Calendar A motion was made by Councilmember McCann, seconded by Mayor Casillas Salas, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 Page 5City of Chula Vista 2019-01-08 Agenda Packet Page 18 July 10, 2018City Council Meeting Minutes - Draft ITEMS REMOVED FROM THE CONSENT CALENDAR 6.18-0299 RESOLUTION NO. 2018-134 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE CITY OF CHULA VISTA'S APPLICATION FOR THE AMERICAN CITIES CLIMATE CHALLENGE GRANT Staff answered questions from the Council. A motion was made by Deputy Mayor Diaz, seconded by Mayor Casillas Salas, to adopt Resolution No. 2018-134, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 PUBLIC COMMENTS Lynnette Tessitore, representing the Chula Vista Mid-Managers/Professional Association, spoke positively about Chula Vista employees and looking forward to starting labor negotiations. The following individuals spoke in opposition to commercial cannabis activity: -Holly Reidy, Chula Vista resident -David Reidy, Chula Vista resident -Kelly McCormick The following individuals submitted a request to speak, but were not present when called: -Theresa Acerro, Chula Vista resident -Steven Pavka, Chula Vista resident PUBLIC HEARINGS (Part 2 of 2) 7.18-0175 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 19.100 TO THE MUNICIPAL CODE TO ADOPT AND ESTABLISH AN URBAN AGRICULTURE INCENTIVE ZONE (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. Kim Heinle, representing the Urban Agriculture Working Group, spoke in support of staff's recommendation. There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Staff answered questions from Council. . Page 6City of Chula Vista 2019-01-08 Agenda Packet Page 19 July 10, 2018City Council Meeting Minutes - Draft A motion was made by Mayor Casillas Salas, seconded by Councilmember McCann, to place the ordinance on first reading, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 Item 8 was taken out of order and discussed prior to Special Orders. ACTION ITEMS 9.18-0152 RESOLUTION NO. 2018-137 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AGE-FRIENDLY CHULA VISTA ACTION PLAN Senior Project Coordinator Kurz gave the presentation. A motion was made by Councilmember Aguilar, seconded by Mayor Casillas Salas, to adopt Resolution No. 2018-137, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 CITY MANAGER’S REPORTS City Manager Halbert recognized Senior Project Coordinator Kurz. MAYOR’S REPORTS 10.18-0243 Consideration of appointment of a voting delegate and alternates for the 2018 League of California Cities Annual Conference, to be held in Long Beach, September 12 through 14. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to appoint Councilmember McCann as the 2018 League of California Cities Annual Conference delegate and Deputy Mayor Diaz as the alternate. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 COUNCILMEMBERS’ COMMENTS (Part 2 of 2) Item 11 was taken out of order and discussed prior to Special Orders. Councilmember McCann reported on his attendance at the employee BBQ, the Chula Vista Elite Athlete Training Center housing ribbon cutting, the Chula Vista Evening with Heroes, and a Rohr Park irrigation improvement event. He wished everyone a Happy Fourth of July and thanked the firefighters for holding a fundraiser for the Covarrubias Family. Page 7City of Chula Vista 2019-01-08 Agenda Packet Page 20 July 10, 2018City Council Meeting Minutes - Draft Deputy Mayor Diaz announced an upcoming District 4 community forum. Councilmember Aguilar stated she attended the Chula Vista Police Foundation Evening with Heroes event. CITY ATTORNEY'S REPORTS City Attorney Googins announced Items 12 and 13 would be continued to the meeting of July 17, 2018. CLOSED SESSION 12.18-0286 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, David Bilby, Courtney Chase, Ed Prendell and Simon Silva. Employee organization(s): Mid-Managers/Professional Association/ Service Employees International Union, Local 221 (MM/PROF/SEIU) Item 12 was not discussed and was continued to the meeting of July 17, 2018. 13.18-0301 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property:318 4th Ave, Chula Vista, CA Agency Negotiators: Rick Ryals and Eric Crockett Negotiating Parties: City of Chula Vista and Heritage Group Under Negotiation: Price and Terms for Acquisition Item 13 was not discussed and was continued to the meeting of July 17, 2018. ADJOURNMENT At 8:54 p.m., the meeting was adjourned to the Regular City Council Meeting on July 17, 2018, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 8City of Chula Vista 2019-01-08 Agenda Packet Page 21 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, July 17, 2018 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A regular meeting of the City Council and a special meeting of the Housing Authority of the City of Chula Vista, were called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Diaz led the Pledge of Allegiance. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, which was held simultaneously with the City Council meeting. SPECIAL ORDERS OF THE DAY A.18-0293 20TH ANNIVERSARY CELEBRATION OF CHULA VISTA’S OUTDOOR AMPHITHEATRE (NOW CALLED MATTRESS FIRM) AND PRESENTATION OF ORIGINAL MODEL OF AMPHITHEATRE DESIGN FROM DEVELOPER CHRIS BITTERLIN Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Developer Chris Bitterlin. Former Councilmember John Moot spoke regarding the item. CONSENT CALENDAR (Items 1 - 8) 1.18-0322 WRITTEN COMMUNICATIONS Letter from Councilmember Aguilar requesting an excused absence from the June 19, 2018 council meeting. Recommended Action: Council excuse the absence. Page 1City of Chula Vista 2019-01-08 Agenda Packet Page 22 July 17, 2018City Council Meeting Minutes - Draft 2.18-0320 ORDINANCE NO. 3429 OF THE CITY OF CHULA VISTA ADDING CHAPTER 19.100 TO THE MUNICIPAL CODE TO ADOPT AND ESTABLISH AN URBAN AGRICULTURE INCENTIVE ZONE (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 3.18-0321 A. ORDINANCE NO. 3430 OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN (FORM BASED CODE) FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH RELATING TO MODIFICATIONS IN THE OVERALL BUILDOUT INTENSITY, BUILDING HEIGHTS AND DISTRICT 6 REGULATIONS (SECOND READING AND ADOPTION) B. ORDINANCE NO. 3431 OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SLF IV - MILLENIA, LLC (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinances. 4.18-0270 RESOLUTION NO. 2018-138 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN Recommended Action: Council adopt the resolution. 5.18-0137 RESOLUTION NO. 2018-139 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE “CMP REHABILITATION OUTSIDE RIGHT-OF-WAY FY2017/2018 - MEASURE P (DRN0211)” PROJECT TO SPINIELLO COMPANIES IN THE AMOUNT OF $4,169,940 Recommended Action: Council adopt the resolution. 6.18-0198 RESOLUTION NO. 2018-140 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF THE ACTIVE TRANSPORTATION PROGRAM - CYCLE 4 GRANT APPLICATIONS AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECTS Recommended Action: Council adopt the resolution. Page 2City of Chula Vista 2019-01-08 Agenda Packet Page 23 July 17, 2018City Council Meeting Minutes - Draft 7.18-0163 RESOLUTION NO. 2018-141 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO COUNCIL POLICY 102-02 FLAGS, BANNERS - IN PUBLIC RIGHT-OF-WAY, AUTHORIZING A PERMIT PROCESS FOR THE TEMPORARY PLACEMENT OF BANNERS ON CITY-OWNED STREETLIGHT STANDARDS, FENCES OR OTHER CITY-OWNED PROPERTY Recommended Action: Council adopt the resolution. 8.18-0267 RESOLUTION NO. 2018-142 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO ADD THE POSITIONS OF CITY ATTORNEY INVESTIGATOR, CITY LIBRARIAN, CONSTITUENT SERVICES REPRESENTATIVE, DIRECTOR OF COMMUNITY SERVICES, PRINCIPAL TRAFFIC ENGINEER, PARKS AND RECREATION ADMINISTRATOR, PUBLIC WORKS SUPERINTENDENT, REVENUE MANAGER, AND STORMWATER PROGRAM MANAGER TO THE LIST OF OFFICIALS WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS AND DESIGNATING THOSE FILERS AS “LOCAL AGENCY OFFICIALS” FOR PURPOSES OF AB 1234, THEREBY REQUIRING THEM TO PARTICIPATE IN MANDATED ETHICS TRAINING Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Mayor Casillas Salas, seconded by Councilmember McCann, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Terry Lewis, Chula Vista resident, spoke in opposition to legalizing commercial marijuana activities. Kelly McCormick, Chula Vista resident, spoke in opposition to legalizing commercial marijuana activities. Page 3City of Chula Vista 2019-01-08 Agenda Packet Page 24 July 17, 2018City Council Meeting Minutes - Draft PUBLIC HEARINGS 9.18-0221 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 19.58 (USES) TO ADD SECTION 19.58.440 (MOBILE FOOD FACILITIES), AMENDING CHAPTER 8.20 (FOOD VENDORS), AMENDING CHAPTER 5.62 (VENDING VEHICLES), AMENDING CHAPTER 10.52 (STOPPING, STANDING, AND PARKING), AND AMENDING CHAPTER 5.07 (MASTER TAX SCHEDULE) (FIRST READING) B. RESOLUTION NO. 2018-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 14 (PLANNING FEES) OF THE CITY’S MASTER FEE SCHEDULE TO ESTABLISH MOBILE FOOD FACILITY PERMIT FEES Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Sr. Planner Walker gave a presentation on the item. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to place the ordinance on first reading and adopt Resolution No. 2018-143, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 10.18-0244 A. RESOLUTION NO. 2018-144 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTI-FAMILY HOUSING REVENUE BONDS OF THE CHULA VISTA HOUSING AUTHORITY FOR ST. REGIS APARTMENTS B. RESOLUTION NO. 2018-006 OF THE CHULA VISTA HOUSING AUTHORITY REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED ACQUISITION AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT ST. REGIS APARTMENTS Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Sr. Management Analyst Dorado gave a presentation on the item. Mayor Casillas Salas opened the public hearing. Page 4City of Chula Vista 2019-01-08 Agenda Packet Page 25 July 17, 2018City Council Meeting Minutes - Draft There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember McCann, seconded by Councilmember Padilla, to adopt City Council Resolution No. 2018-144 and Housing Authority Resolution No. 2018-006, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 11.18-0245 A. RESOLUTION NO. 2018-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTI-FAMILY HOUSING REVENUE BONDS OF THE CHULA VISTA HOUSING AUTHORITY FOR VILLA SERENA AFFORDABLE APARTMENTS B. RESOLUTION NO. 2018-007 OF THE CHULA VISTA HOUSING AUTHORITY REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED ACQUISITION AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT VILLA SERENA SENIOR APARTMENTS Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Sr. Management Analyst Dorado gave a presentation on the item. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember McCann, seconded by Councilmember Padilla, to adopt City Council Resolution No. 2018-145 and Housing Authority Resolution No. 2018-007, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 12.18-0274 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTH C.V. WATERFRONT L.P. FOR THE DEVELOPMENT OF APPROXIMATELY 33 ACRES OF LAND LOCATED IN THE HARBOR DISTRICT OF THE CHULA VISTA BAYFRONT MASTER PLAN AREA (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Page 5City of Chula Vista 2019-01-08 Agenda Packet Page 26 July 17, 2018City Council Meeting Minutes - Draft Assistant Director of Development Services Allen spoke regarding the item. Mayor Casillas Salas opened the public hearing. Allison Rolfe, representing Pacifica, gave a presentation on the item. Developer Ash Israni spoke regarding the item, gave a presentation, and answered questions of the Council. Project Manager Sergio Sandoval was available for questions. Cindy Gompper Graves, representing South County Economic Development Committee, spoke in support of the item. Jeff Phair, Chula Vista resident, spoke in support of the item. Ray Voller, Chula Vista resident, expressed concern regarding impacts the project would have on nearby residences. Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember Padilla, seconded by Councilmember McCann, that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 CITY MANAGER’S REPORTS City Manager Halbert spoke regarding a delay in sewer billings. MAYOR’S REPORTS Mayor Casillas Salas spoke of her attendance at the following events: Law Enforcement Officer of the Year award ceremony at the Scottish Rite Center, boards and commissions recognition event, San Diego PRIDE Parade, reception for new SDSU President Adela de la Torre. Mayor Casillas Salas stated nominations were open for the Ribbons & Shovels awards program for best in architectural landscape and historical preservation. COUNCILMEMBERS’ COMMENTS Councilmember McCann spoke regarding board and commission vacancies, and reported on his attendance at the Scottish Rite Center for the Law Enforcement Officer of the Year award ceremony. Deputy Mayor Diaz spoke regarding the Christmas in October program. Councilmember Padilla spoke regarding an upcoming meeting with the UCSD Chancellor. Page 6City of Chula Vista 2019-01-08 Agenda Packet Page 27 July 17, 2018City Council Meeting Minutes - Draft COUNCILMEMBER AGUILAR: 13.18-0305 RESOLUTION NO. 2018-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING POLICIES WHICH SEPARATE, AND SUPPORTING NON-CRIMINAL PROCESSING OF, IMMIGRANT FAMILIES; AND CALLING ON THE U.S. GOVERNMENT TO IMMEDIATELY REUNITE FAMILIES SEPARATED AT THE BORDER Councilmember Aguilar stated a revised resolution proposed by South Bay People Power had been distributed to the Council. Councilmember McCann announced he would abstain on the item due to a potential conflict of interest related to his service in the Navy Reserve Force. He left the dais at 6:24 p.m. The following members of the public spoke in support of the proposed resolution and offered recommended revisions: -Pedro Rios, Chula Vista resident -Jake Babuta, Bonita resident -Francisco Peralta Vargas, Chula Vista, resident -Marilu Casillas, Chula Vista resident -Steven Pavka, Chula Vista resident -Nancy Sandweiss, Bonita resident -Margaret Baker- supports resolution revised by South Bay Power People -Nancy Hazolton, San Diego resident -Susan Rosenthal, Chula Vista resident -Vivian Dunbar, Chula Vista resident -Dolce Garcia, Chula Vista resident -Irving Hernandez, San Diego resident -Jesus Mendez Carbajal, representing Alliance San Diego Council discussion ensued. A motion was made by Councilmember Aguilar, seconded by Councilmember Padilla, to adopt Resolution No. 2018-146, as revised and submitted by South Bay People Power, with the following additional revisions: 1) Strike the proposed third recital, which began, "Whereas, more than 2,000 minors..."; 2) Revise the fourth recital to read: "WHEREAS, we acknowledge our country’s regretful history concerning matters of immigration and immigrants, which has included, in part: the forced relocations of Native American Peoples; “Mexican Repatriation”; the rejection of Jewish refugees who were refused entry to the U.S. during WWII and later killed in Nazi Concentration Camps; and the establishment of Japanese internment camps during WWII; and" The heading was read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Padilla and Casillas Salas3 - No:Diaz1 - Abstain:McCann1 - CITY ATTORNEY'S REPORTS City Attorney announced Items 14 and 15 would be continued to July 24, 2018. Page 7City of Chula Vista 2019-01-08 Agenda Packet Page 28 July 17, 2018City Council Meeting Minutes - Draft CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 14.18-0286 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, David Bilby, Courtney Chase, Ed Prendell and Simon Silva. Employee organization(s): Mid-Managers/Professional Association/Service Employees International Union, Local 221 (MM/PROF/SEIU) Item 14 was not discussed and was continued to July 24, 2018. 15.18-0301 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property:318 4th Ave, Chula Vista, CA Agency Negotiators: Rick Ryals and Eric Crockett Negotiating Parties: City of Chula Vista and Heritage Group Under Negotiation: Price and Terms for Acquisition Item 15 was not discussed and was continued to July 24, 2018. ADJOURNMENT At 7:53 p.m., the meeting was adjourned to the Regular City Council Meeting on July 24, 2018, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 8City of Chula Vista 2019-01-08 Agenda Packet Page 29 P a g e | 1 January 8, 2019 File ID: 18-0330 18-0595 TITLE ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO THE BOARD OF ETHICS APPOINTMENT PROCESS AND THE FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS AND CHARTER REVIEW COMMISSION (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Adoption of the proposed ordinance would revise the appointment process for the Board of Ethics. Instead of interviews being conducted by a panel of local city managers, the interview panel would consist of one member of the Board of Ethics and one member of the Charter Review Commission, who would review applications, select applicants to be interviewed, interview selected applicants and recommend one applicant per vacancy to the City Council for ratification. The ordinance also includes a minor cleanup item to add the Charter Review Commission’s duty to participate in the appointment process of the Districting Commission, consistent with Charter section 300.5. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. DISCUSSION In response to a referral from Council on June 13, 2017, staff is proposing an alternative appointment process for the Board of Ethics. The current process calls for a panel consisting of two local city managers to interview applicants and make recommendations for appointments to the Council. Local city managers have requested to be removed from involvement inthe appointment process. The proposed revision to the process replaces the two local city managers with one member of each the Board of Ethics and the Charter Review Commission to sit on the panel. The panel would review 2019-01-08 Agenda Packet Page 30 P a g e | 2 applications, select applicants to be interviewed, interview selected applicants and recommend one applicant per vacancy to the City Council for ratification. A unanimous decision of the panel would be required in order to make an appointment recommendation to the Council. If the panel is unable to reach a unanimous decision, the panel will work with the City Clerk’s office to consider additional applicants. In addition to the proposed process, staff considered other options, such as including a member of the Civil Service Commission on the panel and variations on the number of members from the Board of Ethics and Charter Review Commission. Of the options considered, the proposed appointment process is most similar to the current process and staff anticipates it will increase efficiency and reduce the overall time necessary to gather the panel, review applications, interview applicants, and make a recommendation for appointment. The ordinance also includes a minor cleanup item to add the Charter Review Commission’s duty to participate in the appointment process of the Districting Commission, consistent with Charter section 300.5. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Board of Ethics: On January 10, 2018 and May 16, 2018, the Board of Ethics discussed the composition of the panel charged with making recommendations to Council for appointment to the Board. At the May 16, 2018 meeting, the Board of Ethics voted to support the concept of a panel consisting of members of the Board of Ethics and the Charter Review Commission participating in the selection process of members of the Board of Ethics (CVMC 2.25.050(C)). Minutes of the meetings are included as Attachments 2 and 3. Charter Review Commission: On June 13, 2018, the Charter Review Commission passed a motion to participate in the Board of Ethic’s interview process that would include one member of the Charter Review Commission and one member from the Board of Ethics. Minutes of the meeting are included as Attachment 4. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community,Strong and Secure Neighborhoods and a Connected Community. Support for boards and commissions, including executing reappointment processes, is directly related to the Connected Community goal. Members of the City’s boards and commissions play a vital role by participating in the City’s processes and helping influence public policy with their diverse viewpoints. Further, this item 2019-01-08 Agenda Packet Page 31 P a g e | 3 supports the goal of Operational Excellence as several of the proposed revisions intend to streamline operations and implement improvements to existing processes. CURRENT-YEAR FISCAL IMPACT There is no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1. Ordinance revisions in redline format 2.Board of Ethics Commission Minutes – Jan 2018 3. Board of Ethics Commission Minutes – May 2018 4. Charter Review Commission Minutes Staff Contact: Kerry Bigelow, City Clerk 2019-01-08 Agenda Packet Page 32 SECOND READING AND ADOPTION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F00DE971\@BCL@F00DE971.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO THE BOARD OF ETHICS APPOINTMENT PROCESS AND THE FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS AND THE CHARTER REVIEW COMMISSION WHEREAS, Chula Vista Municipal Code chapter 2.25 provides general rules, including appointment processes, applicable to the City’s boards and commissions; and WHEREAS, the current Board of Ethics appointment process calls for a panel consisting of two local city managers to interview applicants and make recommendations for appointments to the Council; and WHEREAS, on June 13, 2017, the City Council made a referral to staff to research and propose alternative appointment processes, in response to local city managers requesting to be removed from the appointment process; and WHEREAS, the City Council desires to change the composition of the interview panel so that it consists of a member from each the Board of Ethics and Charter Review Commission, instead of local city managers. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I.Various chapters of Title 2 of the Chula Vista Municipal Code are hereby amended as follows: [Chapters and sections in Title 2 that are not specifically listed below remain unchanged.] Chapter 2.25 – GENERAL RULES FOR BOARDS AND COMMISSIONS 2.25.050 Membership –Applications – Interview, nomination and appointment process. [Subsections 2.25.050 A through C remain unchanged.] D. The Mayor shall forward applications for membership on the Board of Ethics for review by a panel consisting of one Charter Review Commission member appointed by the Charter Review Commission and one Board of Ethics member appointed by the Board of Ethics. The panel shall review the applications, select applicants to be interviewed, interview selected applicants, and recommend (by unanimous decision of the panel) one applicant for each available seat to the City Council for appointment. If the panel is unable to reach a unanimous decision, the panel shall notify the City Clerk, so that additional applications may be considered. [Subsections 2.25.050 E through J remain unchanged.] 2019-01-08 Agenda Packet Page 33 Ordinance Page 2 Chapter 2.28 – BOARD OF ETHICS 2.28.030 Function and duties of the Board of Ethics. [Subsection E is added to 2.28.030 as follows:] E. To participate in the selection and nomination of members of the Board of Ethics, in accordance with Section 2.25.050. Chapter 2.29 – CHARTER REVIEW COMMISSION 2.29.030 Functions and duties. [Subsection F is added to 2.29.030 as follows:] F. To participate in the selection and nomination of members of the Board of Ethics, in accordance with Section 2.25.050, and to carry out the duties specified in Chula Vista Charter section 300.5 with respect to the selection of commission members for the Districting Commission. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2019-01-08 Agenda Packet Page 34 Attachment 1 - Ordinance Revisions in Redline Format Chapter 2.25 – GENERAL RULES FOR BOARDS AND COMMISSIONS 2.25.050 Membership – Applications – Interview, nomination and appointment process. A. The City Clerk shall maintain applications for prospective membership on boards and commissions for a period of one year from the date of application. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular board or commission and his or her qualifications for service on a particular board or commission. B. An individual who has submitted an application for appointment as a voting or ex officio member of any board or commission may be interviewed as part of the nomination and selection process. C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications received for the vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed, Interview selected applicants, and make nominations for appointment, subject to the City Council’s approval, for all boards and commissions except for the Board of Ethics, Civil Service Commission, Cultural Arts Commission, Growth Management Oversight Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation Commission. D. The Mayor shall forward applications for membership on the Board of Ethics for review by a panel consisting of one Charter Review Commission member appointed by the Charter Review Commission and one Board of Ethics member appointed by the Board of Ethics. The panel shall review the applications, select applicants to be interviewed, interview selected applicants, and recommend (by unanimous decision of the panel) one applicant for each available seat to the City Council for appointment. If the panel is unable to reach a unanimous decision, the panel shall notify the City Clerk, so that additional applications may be considered. The Mayor shall forward applications for membership on the Boa rd of Ethics to a panel consisting of at least two city managers rotated from cities in San Diego County, excluding Chula Vista. The panel shall review the applications, interview applicants, and recommend one applicant for each available seat to the City Council for appointment. [SUBSECTIONS 2.25.050 E THROUGH J REMAIN UNCHANGED.] Chapter 2.28 – BOARD OF ETHICS 2.28.030 Function and duties of the Board of Ethics. It shall be the function of the Board of Ethics to implement the code of ethics as set forth in this chapter. The duties of the Board of Ethics shall be: A. To receive or initiate complaints of violations of the code of ethics. B. To hear and investigate complaints and transmit the findings and recommendations to the City Council. C. To render advisory opinions or interpretations with respect to the application of the code of ethics and this chapter, either on request or on its own initiative. D. To propose revisions of this chapter or other City policies to assure its continuing pertinen ce and effectiveness. E. To participate in the selection and nomination of members of the Board of Ethics, in accordance with Section 2.25.050. 2019-01-08 Agenda Packet Page 35 Chapter 2.29 – CHARTER REVIEW COMMISSION 2.29.030 Functions and duties. The functions and duties of the Charter Review Commission shall be as follows: A. Constitute a forum for City-wide discussions, research and analysis of matters relating to current or proposed provisions of the City Charter, and amendments thereto. B. Help coordinate citizen and staff ideas with regard to potential Charter changes. C. Formulate specific language for proposed Charter changes to be submitted to the City Council in a form appropriate for placement on the ballot at an election wherein the proposed Charter changes can be submitted to the electorate. D. Provide analyses and reports to the City Council in connection with said recommendations. E. Prepare and submit proposed ballot arguments in favor of or against proposed Charter changes. F. To participate in the selection and nomination of members of the Board of Ethics, in accordance with Section 2.25.050, and to carry out the duties specified in Chula Vista Charter section 300.5 with respect to the selection of commission members for the Districting Commission. 2019-01-08 Agenda Packet Page 36 2019-01-08 Agenda Packet Page 37 2019-01-08 Agenda Packet Page 38 2019-01-08 Agenda Packet Page 39 May 16,2018 MINUTES OF A REGULAR MEETING OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA 5:15 P.M. A Regular Meeting of the Board of Ethics ("BOE")of the City of Chula Vista was called to order at 5:19 p.m.in the Conference Room B-lll,located at 276 Fourth Avenue,Building C,Chula Vista,California. ROLLCALL PRESENT: ABSENT: STAFF PRESENT: PUBLIC COMMENT No public COllli11ents. ACTION ITEMS Anthony Jemison;Victor Esquer;and Edgar Guerrero Rosa Robles and Fernando K.ish Simon Silva,Deputy City Attorney ("DCA");Marisa Aguayo,Secretary 1.Approval of February 22,2018 Minutes ACTION:Member Esquer made a motion to approve the February 22,2018 minutes.Member Jemison seconded and motion passed as follows: Yes: No: Abstain: 2-0 N/A Guerrero abstains due to a prior conflict.Guerrero has withdrawn as a candidate for elected office,but will continue to recuse himself on actions related to the selection of the current Campaign Contribution Enforcement Authority Panel. 2.Update on proposed Lobbying Ordinance,including review,discussion,and direction/action on proposed edits to proposed Lobbying Ordinance. DCA Silva updated board members with respect to the proposed ordinance and changes.Board Member Esquer indicated that he was not supportive of changing the manner in which Lobbyist report meetings.He prefers the prior version (where all contacts are documented)as opposed to the proposal to use hourly increments to report amount of contacts.DCA Silva explained that the staff report can provide and discuss different proposals,including discllssing Member Esquer's concerns.Board Members also asked about Page 1 Board of Ethics May 16,2018 2019-01-08 Agenda Packet Page 40 enforcement.After discussions,DCA Silva explained that he could draft language to allow the BOE to get Lobbyist registration records and make referrals to the Enforcement Authority. ACTION:N/A Yes:N/A No:N/A Abstain:N/A 3.Update on proposed changes to BOE Board Member selection process (to permit a panel of one BOE member and one Chatter Review COlmnission member to interview and recommend applicants). Simon Silva updated board members with respect to BOE Board Member selection process. ACTION:N/A Yes:N/A No:N/A Abstain:N/A OTHER BUSINESS 1.STAFF COMMENTS -Glad we are meeting.It has been a while.Didn't have much past months.But would like to schedule meeting at least once a quarter to see what is going on in the city.Next meeting will add additional duties such as a review oflobbying documents. 2.CHAIR'S COMMENTS -If I can offer encouragement or advise in terms of cOlmnission being relevant. During first term of mine there were several cases or allegations that were brought forward and we were busy for a while but once they were resolved,it was quite a bit of period that we did not meet at all.So,if there are other things that we could collectively do,let's get those things on our plate so we can be relevant and take a look at the documentation with the lobbying ordinance.It is great as long as it gives the commission something to sink its teeth into,keep busy,active and relevant,and it has an impact. 3.COMMISSIONERS'/BOARD MEMBERS'COMMENTS -Esquer -No complaints coming m. Guerrero -agrees with everything and would like to meet at least once a quarter to keep up with city. ADJOURNMENT:Meeting adjourned at 6:21 p.m.The next regular meeting will be on June 20,2018. Page 2 Board of Ethics May 16,2018 2019-01-08 Agenda Packet Page 41 June 13,2018 MINUTES OF A MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA 6:00 P.M. A Regular Meeting of the Charter Review Commission of the City of Chula Vista was called to order at 6:00 p.m. in the Executive Conference Room 103,located at 276 Fourth Avenue,Building A,Chula Vista,California. ROLLCALL PRESENT: ABSENT: STAFF PRESENT: PUBLIC COMMENT N one present. ACTION ITEMS Chair Rhamy,Commissioners Michael De La Rosa,Bryan Felber,Edgar Hopida, Tom O'Donnell,and Robert Ross N/A Glen Googins,City Attorney;Anne Steinberg,Marketing &Communications Manager;Marisa Aguayo,Secretary 2.Discussion and Potential Action on Draft Public Survey Regarding Potential Charter Amendments Item heard fIrst (out of order)due to Marketing &Communications Manager,Anne Steinberger attending meeting.Discussion by Steinberger.Commission went over each question in survey and agreed to make some changes and bring this item back at the next meeting. ACTION:Commissioner Hopida made a motion to combine the Mayor and City Council in the same term questions for purposes of the survey.Commissioner O'Donnell seconded and motion passed as follows: Yes: No: Abstain: 4 (De La Rosa,Felber,Hopida and O'Donnell) 2 (Ross and Rhamy) N/A 1.Approval of March 14,2018 Minutes ACTION:Commissioner O'Donnell made a motion to approve the March 14,2018 minutes.Commissioner Hopida seconded and motion passed as follows: Yes: No: Abstain: 6 (Chair Rhamy,De La Rosa,Felber,Hopida,O'Donnell and Ross) o o Page 1 Charter Review Commission Minutes June 13,2018 2019-01-08 Agenda Packet Page 42 3.Discussion and Potential Action Regarding Bi-Annual Report to City Council Regarding Commission Activities Chair Rhamy observes consensus to make minor changes to the drafted report and move forward with the report to City Council. ACTION:No Action. Yes:0 No:0 Abstain:0 4.Discussion and Potential Action Regarding Member Participation in Interviewing Board of Ethics Applicants Commission agrees to create a process to select which commissioner will be assigned to this duty.De La Rosa volunteers. ACTION:Commissioner O'Donnell made a motion to have the commission participate in the Board of Ethics interviewing process which will include one member of the Charter Review Commission and one member from Board of Ethics.Commissioner Felber seconded and motion passed as follows: Yes: No: Abstain: 5 (Chair Rhamy,De La Rosa,Felber,O'Donnell and Ross) 1 (Ropida) o OTHER BUSINESS 1.STAFF COMMENTS -No comments. 2.CHAIR'S COMMENTS -Thank you all.Good meeting.I am tenned out,however we don't have a replacement so I am going to stay on for a short period,like a couple of months.But July or August is when the chair is reelected so if you are interested please keep this in mind for the next meeting. 3.COMMISSIONERS'/BOARD MEMBERS'COMMENTS -Felber has one comment.When Board of Ethics ordinance changes we must also update the job description for Charter Review Commission members.Googins will pass along to city clerk so they can change it. ADJOURNMENT:Meeting adjourned at 7:14 p.m.The next regular meeting will be on July 11,2018. Marisa Aguayo,Lega ecret Page 2 Charter Review Commission Minutes June 13,2018 2019-01-08 Agenda Packet Page 43 P a g e | 1 January 8, 2019 File ID: 18-0486 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES TO PROVIDE HORIZONTAL DIRECTIONAL DRILLING CONSULTING SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 1, 2018, Harris & Associates (“Consultant”) entered into an agreement (“Original Agreement”) with the City to provide professional civil engineering services related to the G Street Sewer Force Main Rehabilitation project (“Project”) in an amount of $20,000. The Project, now referred to as the “Sewer Force Main at G Street Pump Station (SWR0275)” project, includes the replacement of approximately 1,300 lineal feet of existing 10-inch sewer force main pipe along G Street on the United Technologies Corporation (UTC) campus. Due to unforeseen design complexities with respect to the Horizontal and Directional Drilling (HDD) design and constructability proposed for the Project, City staff has determined that the Consultant’s expertise in HDD is required to complete the design. Staff recommends that the agreement be increased by $70,840 for a new total agreement amount of $90,840. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities); Section 15302 Class 2 (Replacement or Reconstruction); and Section 15303 class 3 (New Construction or Conversion of Small Structures) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, be located on a site pursuant to Section 65962.5, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. 2019-01-08 Agenda Packet Page 44 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION [Not Applicable] DISCUSSION City Design staff proposes to employ Horizontal Directional Drilling (HDD) methods for the installation of the proposed pipes to minimally disrupt operations within the UTC campus, as well as to reduce the need for open-trench construction. As such, the City entered into the Original Agreement with the Consultant on January 1, 2018 to provide professional civil engineering services to support the design of the Project with respect to HDD methodology. The Original Agreement comprised of technical guidance on the placement of boring pits and staging areas, technical oversight by way of QA/QC reviews, assistance in preparing technical specifications associated with the HDD, and attending project meetings. Due to unforeseen design complexities with respect to HDD design and constructability and that the need for additional specialized expertise has become more apparent as the Project has progressed. City staff has since determined that it would be of greater benefit to the City to fully leverage the Consultant’s expertise in HDD by delivering engineering plans and technical specifications for an additional $70,840, rather than merely act in a supporting role in the design of the project. Note that the fee proposal amount of $70,840 omits the optional “Task 5: As-Built Drawings and Construction Assistance” item in the attached fee proposal, as staff does not anticipate the need for this task to be carried out externally. The Consultant has been intimately and effectively involved with the Project and possesses valuable insight into the history and progress of the Project’s preliminary engineering and design thus far. It is staff’s opinion that abiding by the prescribed competitive bid requirements could result in a consultant who is less familiar with the Project history and needs, making it an impractical, less cost-effective, and an inefficient option. Staff believes that the Consultant’s familiarity with the Project will better serve the City’s interest and is key to the coordination with an imminent project associated with the Bayfront Development (CIP SWR0309). Allowing the Consultant to take on the additional responsibility of completing the design of the Project will maintain continuity with a consultant that has performed a significant amount of work specific to the Project and will avoid potential delays to the Bayfront Development schedule. Therefore, staff recommends procuring these additional consultant services in accordance with the “Exceptions” provisions of Municipal Code 2.56.110.H.2 as the typical competitive bidding requirements would be impractical and the City’s interests in achieving timely and cost efficient completion of the Project would be materially better served by exempting this procurement from those requirements. Based on the foregoing, staff recommends the approval of the First Amendment to the Original Agreement. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of 2019-01-08 Agenda Packet Page 45 P a g e | 3 Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The First Amendment to the Original Agreement allows the Consultant to deliver engineering plans and technical specifications, consequently supporting the Strong and Secure Neighborhoods goal in that it upgrades a segment of the City’s wastewater infrastructure that is over 50 years old. Moreover, this item also supports Initiative 2.1.1. “Implement the Bayfront Master Plan” of the Economic Vitality goal, as this upgrade will also be an integral part of the Bayfront Development. CURRENT-YEAR FISCAL IMPACT Funding for the proposed First Amendment is included in the capital improvement project SWR0275. The project is funded by the Trunk Sewer Capital Reserve Fund and the Sewer Facility Replacement Fund. No additional appropriation is required, as sufficient funds are available in the Project. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts associated with the approval of this item. ATTACHMENTS 1) First Amendment to the City of Chula Vista Consultant Services Agreement with Harris and Associates to Provide Horizontal Directional Drilling Consulting Services 2) Harris & Associates Two-Party Agreement 17163, dated January 1, 2018 Staff Contact: R. Alan Reyes 2019-01-08 Agenda Packet Page 46 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES TO PROVIDE HORIZONTAL DIRECTIONAL DRILLING CONSULTING SERVICES WHEREAS, the Sewer Force Main at G Street Pump Station (SWR0275) project (“Project”) will replace approximately 1300 linear feet of 54-year old asbestos-cement sewer force main pipe located along G Street on the United Technologies Corporation (UTC) campus; and WHEREAS, City proposes to utilize Horizontal Directional Drilling (HDD) for the Project in order to minimize disruption to existing soil conditions as well as to daily UTC operations; and WHEREAS, on January 1, 2018, Harris & Associates (“Consultant”) and City entered into the “City of Chula Vista Consultant Services Agreement with Harris and Associates to Provide Horizontal Directional Drilling Consulting Services” (“Original Agreement”) to provide professional engineering services to support the Project design with respect to HDD technology, design, and constructability, and to ensure the Project moved successfully through the design, bid, and construction phases of the Project; and WHEREAS, due to unforeseen design complexities with respect to HDD design and constructability, City staff has determined that additional services are needed for the Project in order to timely and efficiently complete the design; and WHEREAS, staff believes that public advertising for the required additional services would be impractical and could result in delays to imminent improvements related to the Bayfront development; and WHEREAS, Consultant has extensive expertise in HDD technology, has been intimately and effectively involved with the Project, and possesses valuable insight into the history and progress of the Project’s preliminary engineering and design to date; and WHEREAS, Chula Vista Municipal Code Section 2.56.110.H.2 provides an exception to the City’s competitive selection process for professional services where the competitive bidding requirements would be impractical or the City’s interests would be materially better served by applying a different purchasing procedure; and WHEREAS, staff recommends that Council award the contract to the Consultant in accordance with the Chula Vista Municipal Code Section 2.56.110.H.2 as the City’s interests would be materially better served by awarding the proposed contract to Consultant due to its 2019-01-08 Agenda Packet Page 47 expertise in HDD, extensive familiarity with the Project, and knowledge of the design to date, and that publicly advertising for the required additional services would be impractical and could result in delays to imminent improvements related to the Bayfront development; and WHEREAS, City and Consultant desire to amend the Original Agreement to increase the not-to-exceed contract amount by $70,840, for an amended agreement amount of $90,840, to allow Consultant to complete the design for the Project by delivering Project plans and technical specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the award of the First Amendment to the City of Chula Vista Consultant Services Agreement with Harris and Associates to Provide Horizontal Directional Drilling Consulting Services in accordance with Chula Vista Municipal Code section 2.56.110.H.2 as utilizing the selection process in Chula Vista Municipal Code section 2.56.110.C would be impractical and the City’s interests would be materially better served by applying a different purchasing procedure for the reasons stated in this resolution. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves the First Amendment to the City of Chula Vista Consultant Services Agreement with Harris and Associates to Provide Horizontal Directional Drilling Consulting Services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor or his/her designee to execute same. Presented by Approved as to form by William S. Valle Glen R. Googins Director of the Department of Engineering City Attorney and Capital Projects 2019-01-08 Agenda Packet Page 48 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 SIGNATURE PAGE TO FIRST AMENDMENT TO CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES TO PROVIDE HORIZONTAL DIRECTIONAL DRILLING CONSULTING SERVICES HARRIS AND ASSOCIATES CITY OF CHULA VISTA BY:________________________________BY: ________________________________ Gary H. Yagade Mary Casillas Salas Vice President, Engineering and Mayor Environmental Services ATTEST BY: _________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _________________________________ Glen R. Googins City Attorney 2019-01-08 Agenda Packet Page 51 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 EXHIBIT A AMENDED AND RESTATED SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Gregory E. Tscherch, P.E., P.L.S. 276 Fourth Avenue, Chula Vista, CA 91910 (619) 409-1974 gtscherch@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.us B. Consultant Contract Administration: HARRIS AND ASSOCIATES 600 B Street, Suite 2000, San Diego, CA 92101 (619) 814-9509 gail.masutani@weareharris.com 2. Required Services A. General Description: Harris & Associates ("Consultant") will provide engineering consulting services to design and deliver the engineering plans and technical specifications for the Sewer Force Main at G Street Pump Station (SWR0275) project that will install approximately 1300 linear feet of dual sewer force main improvements, trench resurfacing, and connections to existing facilities. B. Detailed Description: Original Agreement The Consultant will provide the following: 1. Technical guidance on the placement of boring pits including staging areas; 2. Technical oversight by way of QA/QC reviews; 3. Assistance in preparing technical specifications associated with HDD; 4. Attend project review meetings 2019-01-08 Agenda Packet Page 52 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 First Amendment Task 1: Project Management 1.1 Kick-off Meeting Consultant’s Project Director and Project Manager will attend and participate in a kick-off meeting with City staff to discuss the project including expectations and deliverables. The agenda will be transmitted prior to the meeting. Draft meeting minutes will be prepared by Consultant for City review and comment. 1.2 Progress and Review Meetings (4) Consultant will attend progress and review meetings relevant to design matters. Four (4) design phase meetings with City staff are assumed under this amendment to review the project progress and discuss outstanding project issues. Consultant shall prepare and transmit meeting agendas to City staff and the design team. Consultant shall then provide draft meeting minutes for review in a timely manner. 1.3 Coordination with Subconsultants Consultant shall coordinate with subconsultant for all work products. Services include directing and reviewing subconsultant work, schedules, and invoicing during project duration. Consultant has retained a surveying and a tunneling subconsultant for this project. Information on subconsultants work are included in the tasks. 1.4 QA/QC Consultant shall utilize a QA/QC program to ensure quality deliverables. Activities will include internal QA/QC reviews of each submittal by the QA/QC Manager who is not otherwise associated with the Project. The QA/QC Manager will have participatory input by the Project Manager and Project Director. Unless the City has design checklists, Consultant will use the Consultant's QA/QC checklists. The Project Manager and designers will address comments and meet with QA/QC Manager to review how his comments and City comments are being addressed. The Project Manager will coordinate associated issues and impacts with the City so that issues are appropriately addressed for a coordinated seamless design. Task 2: 60% Design Submittal 2.1 60% Design Drawings 2019-01-08 Agenda Packet Page 53 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 Consultant shall prepare construction drawings for the replacement force main. Plans will include adjustment of the horizontal alignment based on the potholing and inclusion of the vertical alignment. The details will be included with this submittal. The following is a sheet index for the anticipated project drawings. Sheet Description Count Title Sheet 1 Notes and Index of Drawings 1 Plan and Profile 5 Trench and Miscellaneous Details 3 The design will include references to the City’s Design and Construction Standard Drawings 2017. Consultant will retain DCM Consulting as a subconsultant to provide additional tunneling expertise. DCM will review the horizontal directional drilling specifications and review HDD plan. 2.2 60% Specifications City will provide the front-end documents and the boilerplate technical specifications. Consultant shall provide technical specifications for HDD and modifications to the boilerplate specifications to accommodate HDD. The technical specifications will be additions and subtractions to the Standard Specifications for Public Works Construction (“Greenbook”), 2015, including all supplements and the City’s Standard Special Provisions (November 2017). 2.3 60% Probable Construction Cost Opinion Consultant shall provide the 60% probable construction cost opinion. Consultant shall provide the City with two (2) sets of full-size drawings, two (2) sets of 11” x 17” drawings, two (2) sets of specifications, and electronic copies (.pdfs) for the 60% submittal. Task 3: 100% Design Submittal 3.1 Response to 60% Comments Consultant shall provide written comments to the City’s 60% design submittal comments. 3.2 100% Design Drawings Complete 100% design submittal to address 60% City comments. 3.3 100% Specifications 2019-01-08 Agenda Packet Page 54 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 Complete the 90% specifications, incorporating the 60% review comments. 3.4 100% Probable Construction Cost Opinion Consultant shall provide 100% probable construction cost opinion. Consultant shall provide the City with two (2) sets of full-size drawings, two (2) sets of 11” x 17” drawings, two (2) sets of specifications, and electronic copies (.pdfs) for the 100% submittal. Task 4: Final Submittal 4.1 Response to 100% Comments Consultant shall provide written comments to the City’s 100% design submittal comments. 4.2 Final Design Drawings Complete final design submittal to address 100% City comments. 4.3 Final Specifications The specifications will be completed based on comments received and any additional sections that need to be included. 4.4 Final Probable Construction Cost Opinion Consultant shall provide the final probable construction cost opinion. Consultant shall prepare and submit 4-mil mylar drawings. Consultant shall provide the City with two (2) sets of full-size drawings, two (4) 11”x17” sets of drawings, two (2) sets of specifications, and electronic submittals (.pdfs). Assumptions and Exclusions: - City will have one point of contact, that being the project manager; - City will be point of contact with United Technologies Corporation (UTC); - City is responsible for public outreach for the Project during design and construction; - Environmental services are not considered part of the scope. City will provide appropriate environmental documentation for the Project; - Engineered traffic control plans are not considered part of the scope; - Detailed paving evaluations are not considered part of the scope; - Structural calculations are not considered part of the scope; - Landscape and irrigation services are not considered part of the scope. 2019-01-08 Agenda Packet Page 55 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 Project Schedule: The following durations are assumed based on the original Scope of Work. Duration Total Total Critical Path Activity (Weeks) Wks Months 0 Notice to Proceed 4 4 1.0 Proceed with the 60% design. 2 6 1.5 60% Submittal City Review. Meet to discuss review comments and end of period. 4 10 2.5 Proceed with 100% design and submit at end of period. 2 12 3.0 100% Submittal City Review. Meet to discuss review comments and end of period. 2 14 3.5 Proceed with final design and submit at end of period. 14 3.5 Total duration from NTP – Project Bid Ready 3. Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2018 and end on December 31, 2019 for completion of all Required Services. 4. Compensation: A. Form of Compensation ⾙ Time and Materials. For performance of the Defined Services by Consultant as herein required, City shall pay Consultant Provider for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts as indicated below: Original Agreement Task Technical Project Principal Subtotals Advisor Manager in-Charge ($200/hr) ($200/hr) ($200/hr) 1. Technical Guidance 9 8 4 $4,200 2. QA/QC Reviews 9 20 4 $6,600 3. HDD Technical Specifications 8 20 4 $6,400 4. Meetings 2 8 4 $2,800 Subtotal Hours =28 56 16 100 Subtotal ($) =$5,600 $11,200 $3,200 $20,000* 2019-01-08 Agenda Packet Page 56 City of Chula Vista Amendment to Agreement No.: 17163 Consultant Name: Harris and Associates Rev. 8/23/16 *Note that $13,628 has been paid to the Consultant for services performed under the Original Agreement as of the date of the First Amendment. As such, only the remaining balance of $6,372 of the approved contract amount from the Original Agreement is available for future payments to Consultant. First Amendment Description Consultant Subconsultants Total Task 1 – Project Management $5,580 $0 $5,580 Task 2 – 60% Submittal $32,210 $6,000 $38,210 Task 3 – 100% Submittal $20,910 $0 $20,910 Task 4 – Final Submittal $6,140 $0 $6,140 Project Total $64,840 $6,000 $70,840 B. Reimbursement of Costs ⾙ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for all services performed (under Original Agreement and Amendment) through December 31, 2019 shall not exceed $90,840. 5. Special Provisions: ⾙ Permitted Sub-Consultants: DCM Consulting 2019-01-08 Agenda Packet Page 57 2019-01-08 Agenda Packet Page 58 2019-01-08 Agenda Packet Page 59 2019-01-08 Agenda Packet Page 60 2019-01-08 Agenda Packet Page 61 2019-01-08 Agenda Packet Page 62 2019-01-08 Agenda Packet Page 63 2019-01-08 Agenda Packet Page 64 2019-01-08 Agenda Packet Page 65 2019-01-08 Agenda Packet Page 66 2019-01-08 Agenda Packet Page 67 2019-01-08 Agenda Packet Page 68 2019-01-08 Agenda Packet Page 69 2019-01-08 Agenda Packet Page 70 2019-01-08 Agenda Packet Page 71 P a g e | 1 December 18, 2018 File ID: 18-0503 January 8, 2019 TITLE A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AND MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, THE METROPOLITAN TRANSIT SYSTEM, AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ASSIGNING RESPONSIBILITY FOR THE MAINTENANCE OF IMPROVEMENTS ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, THE CITY OF CHULA VISTA, AND THE METROPOLITAN TRANSIT SYSTEM REGARDING RAPID TRAFFIC SYSTEMS OPERATIONS ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM FOR THE MAINTENANCE OF THE EAST PALOMAR STREET TRANSIT STATION STREET IMPROVEMENTS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2018/2019 OPERATING BUDGET FOR THE DEPARTMENT OF ENGINEERING AND CAPITAL PROJECTS' SUPPLIES AND SERVICES ($163,000) AND UTILITIES ($17,000) EXPENSE CATEGORIES BASED ON UNANTICIPATED REVENUE ($180,000) ASSOCIATED WITH THE JOINT USE AND MAINTENANCE AGREEMENT AND RAPID TRAFFIC SYSTEMS MEMORANDUM OF UNDERSTANDING (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions. 2019-01-08 Agenda Packet Page 72 P a g e | 2 SUMMARY The resolutions in this item propose to approve the Joint Use and Maintenance Agreement (JUMA) and the Memorandum of Understanding (MOU) Regarding Rapid Traffic Systems Operations, and the Maintenance Agreement (MA) for the East Palomar Street Transit Station Street Improvements by and between the City of Chula Vista (City), the Metropolitan Transit System (MTS), and the San Diego Association of Governments (SANDAG). The two agreements, JUMA and MA, delineate the ongoing maintenance responsibilities for the facilities and improvements that were constructed as part of the South Bay Bus Rapid Transit (SBBRT, also known as South Bay Rapid) project and, the East Palomar Street/Interstate 805 Direct Access Ramp and Transit Station project. The MOU delineates and assigns the responsibilities and activities required by the three aforementioned parties to operate and maintain the Traffic Systems for the SBBRT. The JUMA and MOU also address the funding responsibilities for operation and maintenance activities between the City, SANDAG, and MTS, as applicable. ENVIRONMENTAL REVIEW This activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2019-01-08 Agenda Packet Page 73 P a g e | 3 DISCUSSION South Bay Bus Rapid Transit The San Diego Association of Governments (SANDAG) has been constructing various transit facilities as part of the South Bay Bus Rapid Transit (SBBRT, also known as South Bay Rapid) project primarily along East Palomar Street from Interstate 805 to Orion Avenue. The SBBRT facilities include bus stations along its alignment following East Palomar Street and Otay Ranch Town Center before turning into the Millenia development and terminating at Orion Avenue. Much of the alignment includes a dedicated transit guideway separated from the road travel lanes, with a single-lane dedicated bridge crossing over State Route 125. In addition to the physical infrastructure such as pavement, landscaping, and irrigation, the SBBRT facilities are served by an extensive network of traffic control and street lighting systems. The agreements to be executed by approval of these resolutions are the result of several years of collaboration between the City, SANDAG, and MTS to develop an operations and maintenance plan that all parties can approve. The City provided SANDAG and MTS with the most recent drafts for their review and comments in June 2018, and the agreements presented in this item reflect the assigned responsibilities to which all parties have agreed. Currently, the City, SANDAG, and MTS are negotiating the appropriate format for the JUMA and MOU; therefore, the resolutions in this item, which authorize approval of the agreements, authorize the Mayor to execute revised versions of the agreements incorporating additional minor modifications that may be requested by SANDAG or MTS, or as determined by the City Attorneyto be necessary or appropriate for legal compliance or risk mitigation. Joint Use and Maintenance Agreement for South Bay Bus Rapid Transit Route (Resolution A) The responsibility for maintaining the physical facilities recently constructed for the SBBRT are divided between the City and MTS. Improvements constructed exclusively for SBBRT bus use (i.e. dedicated guideway) or operational need (i.e. transit signal priority systems) are primarily the responsibility of MTS. The City primarily maintains the areas open to public which is very similar to what existed prior to construction of the SBBRT (i.e. public road, sidewalk, signals). The JUMA’s Exhibit A provides detailed drawings of the areas of responsibility. A significant number of intersections required the installations of Traffic Signals. The City will be reimbursed for the maintenance and utility costs for these new signals through this agreement. The agreement includes SANDAG and identifies items eligible for Transnet funding and reimbursement procedures. The JUMA allows flexibility for each agency to fulfill their responsibilities by using their own employees or contractors. Additionally, MTS could request that the City provide the service to perform some or all of their responsibilities in the JUMA. A separate agreement would be negotiated to establish terms of such an arrangement and would be brought before Council for approval at a future time. 2019-01-08 Agenda Packet Page 74 P a g e | 4 Rapid Transit Systems Operations Memorandum of Understanding(Resolution B) The MOU defines each agencies responsibility for operating, maintaining and reporting the SBBRT Transit/Traffic Systems. The City responsibilities for operations will primarily be carried out by the Traffic Engineering Branch of the Department of Engineering and Capital Projects. The MOU, as with the JUMA, identifies the new efforts required by all parties and allows for reimbursement using Transnet funds. To implement the reimbursement procedure defined in the JUMA and MOU, Resolution D proposes to appropriate funds from the General Fund to the Traffic Engineering Branch to temporarily fund operations and maintenance activities for SBBRT facilities until reimbursement is received. The City intends to invoice for reimbursement on a quarterly basis. Reimbursements would be deposited to the General Fund. Maintenance Agreement for the Palomar Street Transit Station (Resolution C) This Maintenance Agreement delineates the maintenance responsibilities between the City and MTS for the East Palomar Transit Station improvements recently constructed in the City right of way. Primarily, MTS is responsible for the station Monument Sign, transit stop area and amenities, enhanced landscape areas and associated water and irrigation systems. The City is responsible for the public street and sidewalk improvements. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the segments of City right-of-way that are the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed resolution supports the Strong and Secure Neighborhoods and Connected Community goals as it establishes a means for operating and maintaining a critical transit link for eastern Chula Vista and the San Diego region. CURRENT-YEAR FISCAL IMPACT SANDAG or MTS, as applicable, will reimburse the City through MTS for costs associated with maintaining and operating SBBRT improvements as defined in the respective agreements. SANDAG will reimburse the City for energy costs from new traffic signals and street lights that were installed as part of the SBBRT project. Approval of Resolution “D” will amend the Fiscal Year 2018/2019 operating budget for the Department of Engineering and Capital Projects to cover maintenance and energy costs associated with maintaining the SBBRT, which will be funded by reimbursement from SANDAG or MTS; thereby representing no impact to the General Fund. 2019-01-08 Agenda Packet Page 75 P a g e | 5 ONGOING FISCAL IMPACT The appropriations identified in Resolution “D” account for the additional funds needed to cover the ongoing costs of City operation and maintenance efforts. The ongoing costs of operating and maintaining new infrastructure associated with the SBBRT project represents no fiscal impact to the General Fund as these costs will be reimbursed by SANDAG or MTS. ATTACHMENTS 1. SBBRT Alignment Map through Chula Vista 2. Joint Use andMaintenance Agreement 3. Memorandum of Understanding Regarding Rapid Systems Operations and Maintenance 4. East Palomar Street Transit Station Maintenance Agreement Staff Contact: Eddie Flores, City Traffic Engineer 2019-01-08 Agenda Packet Page 76 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AND MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, THE METROPOLITAN TRANSIT SYSTEM, AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ASSIGNING RESPONSIBILITY FOR THE MAINTENANCE OF IMPROVEMENTS ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE WHEREAS, the San Diego Association of Governments (SANDAG) is constructing the South Bay Bus Rapid Transit (“SBBRT”) from downtown San Diego to I-805 then along East Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia, eventually continuing onto Hunte Parkway, and onto SR-125 to the Otay Mesa Intermodal Transportation Center in the southwest quadrant of the SR-905/Siempre Viva Road Interchange; and WHEREAS, the SBBRT is funded by the regional TransNet sales tax; and WHEREAS, the SBBRT is expected to provide Bus Rapid Transit (“BRT”) service for those commuting between downtown San Diego and the Otay Mesa Border Crossing is of regional importance to the Metropolitan Transit System (MTS), the City of Chula Vista (City), SANDAG, and the public; and WHEREAS, MTS intends to operate BRT services on the SBBRT; and WHEREAS, the City of Chula Vista owns, controls, and maintains certain lands and property for public transportation purposes along East Palomar Street, Raven Avenue, Eastlake Parkway, Birch Road and future local street network and BRT Guideway east of Magdalena Avenue and within the Otay Ranch Mall and Millenia project limits; and WHEREAS, the City, SANDAG, and MTS have engaged in negotiations for terms for a Joint Use and Maintenance Agreement, which is intended to clarify and establish the division of maintenance and respective responsibilities as to the area identified in Exhibit A of the subject Joint Use and Maintenance Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Joint Use and Maintenance Agreement by and between the City of Chula Vista, the Metropolitan Transit System, and the San Diego Association of Governments for the maintenance of improvements associated with the South Bay Bus Rapid Transit line, in the form presented, with such modifications as may be required or approved by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that, subject to the prior approval of the Joint Use and Maintenance Agreement by both the Metropolitan Transit System and the San Diego Association of Governments, it authorizes and directs the Mayor or designee to execute the same. 2019-01-08 Agenda Packet Page 77 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that a copy of the fully executed Joint Use and Maintenance Agreement shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects 2019-01-08 Agenda Packet Page 78 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, THE CITY OF CHULA VISTA, AND THE METROPOLITAN TRANSIT SYSTEM REGARDING RAPID TRAFFIC SYSTEMS OPERATIONS AND MAINTENANCE ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE WHEREAS, the San Diego Association of Governments (SANDAG) is constructing the South Bay Bus Rapid Transit (“SBBRT”) from downtown San Diego to I-805 then along East Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia, eventually continuing onto Hunte Parkway, and onto SR-125 to the Otay Mesa Intermodal Transportation Center in the southwest quadrant of the SR-905/Siempre Viva Road Interchange; and WHEREAS, the SBBRT is funded by the regional TransNet sales tax; and WHEREAS, the SBBRT is expected to provide Bus Rapid Transit (“BRT”) service for those commuting between downtown San Diego and the Otay Mesa Border Crossing is of regional importance to the Metropolitan Transit System (MTS), the City of Chula Vista (City), SANDAG, and the public; and WHEREAS, the SBBRT project includes multiple capital improvements within the City, including traffic signal modifications, the BRT guideway, transit signal priority operations and infrastructure, and the one-lane guideway bridge over State Route 125 necessary to ensure that BRT service is convenient, reliable, efficient, and safe without preempting functions for public safety; and WHEREAS, the City operates and maintains the traffic signal systems and equipment within its jurisdiction that are involved with SBBRT systems operations; and WHEREAS, MTS intends to operate BRT services on the SBBRT; and WHEREAS, the City, SANDAG, and MTS have engaged in negotiations for terms for a Memorandum of Understanding regarding rapid traffic systems operations which is intended to clarify the parties’ respective responsibilities related to the operation of the traffic signal systems for the SBBRT. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Memorandum of Understanding Between San Diego Association of Governments, the City of Chula Vista, and the Metropolitan Transit System Regarding Rapid Traffic Systems Operations, in the form presented, with such modifications as may be required or approved by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that, subject to the prior approval of the Memorandum of Understanding by both the Metropolitan Transit System and the San Diego Association of Governments, it authorizes and directs the Mayor or designee to execute the same. 2019-01-08 Agenda Packet Page 79 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that a copy of the fully executed Memorandum of Understanding shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects 2019-01-08 Agenda Packet Page 80 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM FOR THE MAINTENANCE OF THE EAST PALOMAR STREET TRANSIT STATION STREET IMPROVEMENTS WHEREAS, the San Diego Association of Governments (SANDAG) has recently constructed the East Palomar Street Transit Station (“Project”) at Palomar Street and Raven Avenue, east of Interstate 805; and WHEREAS, portions of the Project included roadway improvements within the City right-of-way; and WHEREAS, the City and MTS have engaged in negotiations for Maintenance Agreement for the East Palomar Street Transit Station, which is intended to identify the overall commitment and responsibilities regarding maintenance of the landscape, irrigation, and sidewalk areas located within the Project area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Maintenance Agreement between the City of Chula Vista and the Metropolitan Transit System for the East Palomar Street Transit Station Street Improvements, in the form presented, with such modifications as may be required or approved by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that, subject to the prior approval of the Maintenance Agreement by the Metropolitan Transit System, it authorizes and directs the Mayor or designee to execute the same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that a copy of the fully executed Maintenance Agreement shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects 2019-01-08 Agenda Packet Page 81 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2018/2019 OPERATING BUDGET FOR THE DEPARTMENT OF ENGINEERING AND CAPITAL PROJECTS' SUPPLIES AND SERVICES ($163,000) AND UTILITIES ($17,000) EXPENSE CATEGORIES BASED ON UNANTICIPATED REVENUE ($180,000) ASSOCIATED WITH THE JOINT USE AND MAINTENANCE AGREEMENT AND RAPID TRAFFIC SYSTEMS MEMORANDUM OF UNDERSTANDING (4/5 VOTE REQUIRED) WHEREAS, the San Diego Association of Governments (SANDAG) is constructing the South Bay Bus Rapid Transit (“SBBRT”) from downtown San Diego to I-805 then along East Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia, eventually continuing onto Hunte Parkway, and onto SR-125 to the Otay Mesa Intermodal Transportation Center in the southwest quadrant of the SR-905/Siempre Viva Road Interchange, funded by the regional TransNet sales tax; and WHEREAS, the SBBRT is expected to provide Bus Rapid Transit (“BRT”) service for those commuting between downtown San Diego and the Otay Mesa Border Crossing is of regional importance to MTS, the City, SANDAG, and the public; and WHEREAS, the City of Chula Vista owns, controls and maintains certain lands and property for public transportation purposes along East Palomar Street, Raven Avenue, Eastlake Parkway, Birch Road and future local street network and BRT Guideway east of Magdalena Avenue and within the Otay Ranch Mall and Millenia project limits; and WHEREAS, the SBBRT project includes multiple capital improvements within the City, including traffic signal modifications, the BRT guideway, transit signal priority operations and infrastructure, and the one-lane guideway bridge over State Route 125 necessary to ensure that BRT service is convenient, reliable, efficient, and safe without preempting functions for public safety; and WHEREAS, the City operates and maintains the traffic signal systems and equipment within its jurisdiction that are involved with SBBRT systems operations; and WHEREAS, MTS intends to operate BRT services on the SBBRT; and WHEREAS, the City, SANDAG, and MTS intend to enter into a Joint Use and Maintenance Agreement that clarifies and establishes the division of maintenance and respective responsibilities as to the area bounded in Exhibit A of said Joint Use and Maintenance Agreement; and WHEREAS, the City, SANDAG, and MTS intend to enter into a Memorandum of Understanding that clarifies responsibilities related to the operation of the mentioned traffic signal systems and transit signal priority (TSP) systems; and 2019-01-08 Agenda Packet Page 82 WHEREAS, the City’s Traffic Operations section within the Traffic Engineering Division of the Department of Engineering and Capital Projects manages the operation of the City’s roadway network, including operation of the City’s traffic signal and street lighting system; and WHEREAS, the City’s Traffic Signal and Street Light Maintenance section within the Traffic Engineering Division of the Department of Engineering and Capital Projects manages the maintenance of the City’s traffic signal and street lighting system; WHEREAS, the subject Joint Use and Maintenance Agreement stipulates the process by which the City will be reimbursed for its efforts to maintain the portions of the SBBRT facilities for which it is responsible per the agreement, which will require that the City fund said efforts up front pending subsequent reimbursement from SANDAG or MTS, as applicable; and WHEREAS, the said Memorandum of Understanding stipulates the process by which the City will be reimbursed for its efforts to operate traffic signal systems and TSP systems for which it is responsible per the agreement, which will require that the City fund said efforts up front pending subsequent reimbursement from SANDAG or MTS, as applicable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Fiscal Year 2018/2019 operating budget for the Department of Engineering and Capital Projects’ Supplies and Services expense category to $163,000 and Utilities expense category to $17,000 based on unanticipated revenue ($180,000) for the operation and maintenance of the traffic signal systems associated with the South Bay Bus Rapid Transit line to be reimbursed, as applicable, in accordance with the Joint Use and Maintenance Agreement and Memorandum of Understanding by and between the City of Chula Vista, the San Diego Association of Governments, and the Metropolitan Transit System. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects 2019-01-08 Agenda Packet Page 83 EXHIBIT A 2019-01-08 Agenda Packet Page 84 1 JOINT USE AND MAINTENANCE AGREEMENT THIS JOINT USE AND MAINTENANCE AGREEMENT (“Agreement”), is made and entered into this ___ day of _____, 20__, (the “Effective Date”) by and between the CITY OF CHULA VISTA, a chartered municipal corporation (the “City”), the SAN DIEGO METROPOLITAN TRANSIT SYSTEM, a State of California public agency (“MTS”), and the SAN DIEGO ASSOCIATION OF GOVERNMENTS, a political subdivision of the State of California (“SANDAG”), each of which may be referred to individually as a “Party” or collectively as the “Parties”, with reference to the following facts: RECITALS WHEREAS, SANDAG proposes to construct the South Bay Rapid (“Rapid”)from downtown San Diego to I-805 then along East Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia then onto Birch Road, and onto SR-125 to the Otay Mesa Intermodal Transportation Center in the southwest quadrant of the SR-905/Siempre Viva Road Interchange, hereinafter referred to as the “PROJECT”; and WHEREAS, the PROJECT whose implementation is expected to provide Bus Rapid Transit (“BRT”) service for those commuting between downtown San Diego and the Otay Mesa Border Crossing is of regional importance to MTS, the City, SANDAG, and the public; and WHEREAS, the City owns, controls and maintains certain lands and property for public transportation purposes along East Palomar Street, Raven Avenue, Eastlake Parkway, Birch Road and future local street network and BRT Guideway east of Magdalena Avenue and within the Otay Ranch Mall & Millenia project limits; and WHEREAS, SANDAG, as part of the PROJECT, intends to construct various improvements, including exclusive BRT lanes (“BRT GUIDEWAY”), bridge overcrossing at SR-125, signaling equipment, telecommunications systems, traffic signals, and traffic signal modifications, signage, striping, markings, storm water facilities, stations, and appurtenances over portions of local streets, guideway easements and roads and City-owned right-of-way (“City Right-of-Way”); and WHEREAS, pursuant to Public Utilities Code section 120000 et seq, MTS intends to operate BRT services over portions of the BRT GUIDEWAY; and WHEREAS, SANDAG, MTS, and City acknowledge that the PROJECT is a TransNet funded project; and WHEREAS, operation of the BRT GUIDEWAY, traffic signals, and Transit Signal Priority (“TSP”) systems within City Right-of-Way will be the subject of a separate Agreement; and WHEREAS, the Parties hereto mutually desire to clarify and establish the division of maintenance and their respective responsibilities as to the area bounded in the attached “MAINTENACE AGREEMENT MAP” (Exhibit “A”), hereinafter referred to as the “JOINT MAINTENANCE AREA.” AGREEMENT NOW THEREFORE, in accordance with the mutual benefits contained in the aforementioned Recitals and in consideration thereof, SANDAG, MTS, and City agree as follows: DEFINITIONS: “BRT”means Bus Rapid Transit. “BRT FACILITY” includes, but is not limited to, BRT GUIDEWAY, striping, signage, stations, curb and gutter, drainage inlets and other storm water facilities, trash receptacles, shelters, benches, handrails, safety glass walls, stairways, and any other accessory objects within the area as shown in Exhibit “A.” 2019-01-08 Agenda Packet Page 85 AGREEMENT NO.: XX-YYYY Draft 11/15/18 2 “BRT GUIDEWAY” or “DEDICATED GUIDEWAY” means (for the purposes of this project) a dedicated “BRT buses only” corridor within the median of East Palomar Road, from Oleander Avenue to Magdalena Avenue, and an independent corridor from Magdalena Avenue to Birch Road. The DEDICATED GUIDEWAY generally includes the paved area designated for bus only use and the curb and gutter on each side, unless otherwise noted on Exhibit A. “City Right-of-Way” means (for the purpose of this project) city owned or controlled land including, but not limited to, the public streets, curb and gutter, sidewalk, and planting strips. “JOINT MAINTENANCE AREA” means the area bounded in the attached “MAINTENACE AGREEMENT MAP” (Exhibit “A”). “Maintain” means the performance of “maintenance” as defined in Section 27 of the California Streets and Highway Code, and shall include but not be limited to performing all necessary Repairs and Replacements of any structure, safety convenience or device, planting, illumination equipment, or facility. “Rapid” (formerly known as Bus Rapid Transit) is a flexible, high performance transit mode that uses buses or special rubber tire-based vehicles operating on pavement, and that combines a variety of physical, operating and system elements into a permanently integrated system with a quality image and unique identity. TSP and DEDICATED GUIDEWAY operations are intended to improve the quality of Rapid. “Repair” means the necessary activities, by the party charged with maintenance, to correct problems with an existing installation/facility that is deemed inoperable by the owner/operator. “Replacement” means the action or process of replacing something (in kind) when an owner/operator cannot correct a problem with an existing facility and it is deemed inoperable. The party charged with maintenance of the facility shall replace that existing facility with another of the same size and capacity. “Signalized Intersections” means traffic control equipment used for the operation of traffic intersections with signals including, but not limited to detectors, poles, signal indications, conduits, wiring, controllers, cabinets, safety lights, signage, markings, striping, and TSP-related equipment (where applicable) including phase selectors, detector loops, optical receivers, and special BRT signs, phase selectors, detector loops, optical receivers, special signs, and markings. “TSP” means Transit Signal Priority. TSP is an operational strategy that primarily facilitates the movement of transit vehicles (usually those in-service), such as buses, through traffic-signal controlled intersections. Objectives of TSP include improved schedule adherence and improved transit travel time consistency while minimizing impacts to normal traffic operations. CITY AGREES: 1. To maintain each of the City’s streets, public access easements, landscape maintenance districts and roads within the JOINT MAINTENANCE AREA, except those areas, improvements, and facilities designated to be maintained by MTS in this Agreement. 2. To use reasonable efforts to maintain the areas, improvements, and facilities within City Right-of- Way designated to be maintained by the City in this Agreement in such manner as to not unreasonably interfere with the operation of the BRT GUIDEWAY. 3. To notify MTS of City access into BRT GUIDEWAY for any maintenance that is the obligation of City under this Agreement. 4. Upon approval of an encroachment permit for the BRT FACILITY, to grant access to the JOINT MAINTENANCE AREA to MTS for the purpose of maintenance of the BRT FACILITY. 2019-01-08 Agenda Packet Page 86 AGREEMENT NO.: XX-YYYY Draft 11/15/18 3 5. To maintain “existing” Signalized Intersections as identified on Exhibit “B”, which is attached hereto and incorporated herein. 6. To maintain TSP-related equipment at “existing” Signalized Intersections as identified on Exhibit “B”. 7. To maintain “new” Signalized Intersections as identified on Exhibit “B”. 8. To perform routine maintenance, per Exhibit “D,” on Rapid route traffic control systems identified on Exhibit “B”. 9. To process payment for all electrical energy billings (“existing” and “new”) for Signalized Intersections listed on Exhibit “B”. 10. If MTS fails to maintain the BRT FACILITY as provided by this Agreement to the satisfaction of the City, City agrees to provide MTS with written notice of the same. 11. If City determines any part or portion of the BRT FACILITY to be an imminent threat to health or safety of persons or property, City agrees to provide MTS with notice of the same. 12. The City of Chula Vista point of contact for this Agreement shall be: William S. Valle Director/City Engineer Department of Engineering & Capital Projects City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 409-5976 MTS AGREES: 13. To submit to City a one-time, no-cost encroachment permit application to perform maintenance as required by this Agreement. In conjunction with performing work in the City Right-of-Way, MTS acknowledges it may be required to enter into future cooperative agreements with the City to define the cost and responsibilities for the City’s project support services, including but not limited to design development reviews, construction inspection, and/or oversight, related to any present or future improvements, protection, modification, replacement, removal, or relocation of the BRT FACILITY performed by MTS or their respective agents. 14. To maintain, protect, relocate, and reconstruct the BRT FACILITY and all other areas and locations identified as MTS’ responsibility on Exhibit “A”, which is attached hereto and incorporated herein, in a clean, safe, and functioning condition. MTS’ maintenance obligations for the BRT FACILITY include, but are not limited to: a.performing all Maintenance, inspection, emergency Repair, Replacement, and hazardous material cleanup as shown on Exhibit “A”; b.performing all work necessary to keep the BRT FACILITY free of trash and debris on a daily basis; c.repainting pavement markings related to use for transit purposes and replacing pavement markers, as necessary; d.cleaning and painting to keep all walls, structures, columns, objects, and other surfaces free of debris, dirt, and graffiti; e.maintaining in a clean, safe, and functioning condition all storm water or drainage facilities for the benefit or control of the Rapid route including but not limited to, all modular wetland systems, underground detention vaults, median detention swales, underground infiltration units, bioretention basins, modular underground tank systems, CDS units, inlet filters; 2019-01-08 Agenda Packet Page 87 AGREEMENT NO.: XX-YYYY Draft 11/15/18 4 f.watering, trimming, weeding, and controlling of planting and landscaping, asnecessary; and g.maintaining in a clean, safe, and functioning condition all utilities, structures, power installations, lighting, fences, signs, gates, and specific signaling equipment not operated by the City. h.maintaining in a clean, safe, and functioning condition the bridge overcrossing at SR-125 in its entirety, except for the traffic signal controller, traffic signal cabinet, and any TSP systems on the new traffic signal on the bridge which are subject to the Joint Use and Maintenance Agreement between Caltrans and MTS. Caltrans District Agreement No.11-8411 as identified in Exhibit “C”, which is attached hereto and incorporated herein. i.maintaining in a clean, safe, and functioning condition the area beneath and below the segment of the bridge overcrossing adjacent and west of SR-125 that is in the City Right-of-Way. This area was intended to remain open and accessible to the adjacent residents. If MTS proposes to restrict any current access to this area in order to meet its maintenance obligation, MTS agrees to conduct reasonable community outreach to better understand and mitigate potential detrimental impacts to the surrounding community, including but not limited to contacting all home owner’s association(s) whose members have reasonable access to this area. City consent will be required prior to any alterations (See paragraph 21). 15. To perform its obligations under this Agreement in such manner as to not unreasonably interfere with the operation, use, or safety of the City Right-of-Way. 16. To perform its obligations under this Agreement in accordance with City and MTS policies, procedures, practices, standards, specifications, and regulations, subject to inspection and approval by City. 17. To reimburse the City for all electrical energy payments for all “new” Signalized Intersections as identified on Exhibit “B”. City agrees to transmit payments to the electric utility provider on behalf of MTS for electrical energy billings for “new” Signalized Intersections. MTS agrees to reimburse City for all payments for billings for “new” Signalized Intersections in accordance this Agreement. Upon receipt of an electrical energy billing for “new” Signalized Intersections, City will invoice MTS for the full amount of the billing and MTS shall remit payment for such billing to City within thirty (30) calendar days of receipt of that invoice. 18. To apply for and cause its contractors at every tier to apply for all encroachment and other necessary permits authorizing entry into the JOINT MAINTENANCE AREA including but not limited to for purposes of inspection, maintenance, repair, protection, replacement, removal, construction, or reconstruction of the BRT FACILITY prior to entry or commencement of such work. MTS will submit individual encroachment and other necessary permit applications (e.g., traffic control) for any substantive repair activities and obtain all encroachment and other necessary permits prior to the start of any non- maintenance work within the BRT FACILITY. 19. To give thirty (30) days advance notice to the City before performing any work on the BRT FACILITY except for routine maintenance performed in MTS's operations area and consistent with Paragraphs 4 and 14. 20. Not to perform work on the traveled way or shoulders of the City’s roadways located within the City Right-of-Way, without prior written consent by the City. 21. Not to improve, modify, replace, remove, or relocate any of the BRT FACILITY within the City Right-of-Way without prior written consent by the City. 22. To take all steps necessary to protect and keep free from damage all facilities and structures within the City Right-of-Way, including, but not limited to, foundations, bridges, signs, lighting, columns, and landscaping over, under, above, or adjacent to the JOINT MAINTENANCE AREA. Any damage to City Right-of-Way facilities and structures in the JOINT MAINTENANCE AREA due to MTS’ actions or omissions shall be repaired or replaced by MTS within ten (10) days at MTS’ sole expense. MTS shall immediately cease all activities giving rise to such damage and shall modify their operations so as to prevent any further such damage. If MTS doesn’t complete repairs or replacements within that time 2019-01-08 Agenda Packet Page 88 AGREEMENT NO.: XX-YYYY Draft 11/15/18 5 period, the City may but is not obligated to proceed to perform such repairs or replacements and MTS shall reimburse City for all costs incurred for such repairs or replacements. 23. Not to erect any kind of sign that is not necessary for the operation of MTS’ BRT GUIDEWAY within the JOINT MAINTENANCE AREA. All signs necessary for the operation of MTS’ BRT GUIDWAY within the JOINT MAINTENANCE AREA must not interfere with the operation, use, or safety of the City Right-of-Way. No signs shall be attached to or painted on the City’s highway facilities or structures except with the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. 24. Not to locate any lights on or adjacent to the JOINT MAINTENANCE AREA which would interfere with the operation, use, or safety of the City Right-of-Way. 25. Following construction of the BRT FACILITY, except for a transfer or assignment to SANDAG, no transfer or assignment of MTS’ primary responsibility for the design, construction, operation, maintenance, improvements, modification, protection, replacement, removal, or relocation of the BRT FACILITY shall be made to any third party without the prior written consent of the City. Such consent shall not be unreasonably withheld, conditioned, or delayed. All successors-in-interest to MTS will be required to comply with the terms of this Agreement and any operation, maintenance, improvements, modification, protection, replacement, removal, and relocation restrictions issued by the City. 26. Upon receipt of notice from City pursuant to Paragraph 10 above, MTS shall cure any failure to maintain identified by the City by no later than thirty (30) calendar days from the date of City’s notice. If MTS does not timely cure such failure to maintain, City may but is not obligated to (a) perform such maintenance on behalf of MTS at MTS’ sole expense or (b) remove the BRT FACILITY, in whole or in part, and restore the City Right-of-Way to a safe and operable condition at MTS' sole expense. Failure of the City to provide notice under Paragraph 10 does not relieve MTS of any of its obligations under this Agreement. 27. Upon receipt of notice from City as provided in Paragraph 11 above, MTS shall correct the imminent threats to health or safety identified by the City by no later than twenty-four (24) hours after receipt of the notice. If MTS fails to timely correct an imminent threat to health or safety, City may but is not obligated to make efforts to correct the imminent threat at MTS’ sole expense. Failure of the City to provide notice under Paragraph 11 does not relieve MTS of any of its obligations under this Agreement. 28. If MTS permanently ceases operation of the BRT GUIDEWAY without an assignment of rights hereunder to a City approved successor-in-interest, MTS shall, at the City’s sole option, remove all or designated portions of the BRT GUIDEWAY within the City Right-of-Way and restore the City Right-of- Way to a condition reasonably acceptable to the City at MTS’ sole expense. Upon receipt of notice from MTS of its intent to permanently cease operation of the BRT GUIDEWAY, the City shall have twelve (12) months to exercise its right under this Paragraph. Failure of City to exercise its right under this Paragraph within twelve (12) months shall result in ownership of the BRT GUIDEWAY transferring to the City upon the date MTS permanently ceases operation of the BRT GUIDEWAY or eighteen (18) months after receipt of the MTS notice, whichever occurs last. 29. If SANDAG terminates funding of MTS’ obligations under this Agreement, MTS will, if requested by City, remove the BRT GUIDEWAY, stations, barriers, and other BRT FACILITY improvements to the extent required to allow City to revert the City Right-of-Way to its prior safe condition. 30. To notify City in writing of any areas requiring maintenance that is the obligation of City under this Agreement. 31. To acknowledge City's title and superior rights to the City Right-of-Way and real property covered by this Agreement. 32. The MTS point of contact for this Agreement shall be: 2019-01-08 Agenda Packet Page 89 AGREEMENT NO.: XX-YYYY Draft 11/15/18 6 Timothy E. Allison Manager of Real Estate Assets San Diego Metropolitan Transit System 1255 Imperial Ave., Suite 1000 San Diego, CA 92101-7490 (619) 595-4903 SANDAG AGREES: 33. To reimburse MTS and the City for the maintenance obligations set forth herein to the extent allowed by the TransNet Extension Ordinance and Expenditure Plan. In the event TransNet funding is no longer available to fund these obligations, through exhaustion of the allocated TransNet funds and/or expiration of the TransNet Extension Ordinance, SANDAG and MTS agree to work in good faith and use best efforts to identify an alternative funding source sufficiently in advance of the exhaustion or expiration of the allocated TransNet funds so as to ensure compliance with the obligations set forth in this Agreement. 34. To reimburse the City (through MTS or directly) for the maintenance of traffic control equipment and utility costs (Exhibit “B”), signs, markings that are directly attributed to the operation of the BRT service and/or new signalized intersections. 35. To reimburse City (through MTS or directly) for all costs associated with maintenance performed pursuant to Paragraphs 6 and 7 of this Agreement. In addition, the City will invoice for any additional routine maintenance checks outside of its standard annual routine maintenance check. City shall bill SANDAG for such costs on quarterly basis unless otherwise agreed to in writing by the Parties. 36. To reimburse City (through MTS or directly) for all costs associated with maintenance or correction work performed pursuant to Paragraphs 26 and 27 of this Agreement. City shall bill SANDAG for such costs within a reasonable period after such maintenance or correction work is completed. 37. SANDAG point of contact during construction of the BRT FACILITY: Omar Atayee SANDAG 401 B Street, Suite 800 San Diego, CA 92101 (619) 595-5319 38. SANDAG point of contact after construction of the BRT FACILITY is complete: Kim Kawada SANDAG 401 B Street, Suite 800 San Diego, CA 92101 (619) 699-1990 IT IS MUTUALLY AGREED THAT: 39. MTS shall have the right to terminate this agreement upon ninety (90) days written notice whereupon MTS will cease operations at the BRT FACILITY and SANDAG will have the following obligations, if requested by City, remove the DEDICATED GUIDEWAY, stations, barriers, and other improvements to the extent required to allow City to revert the BRT FACILITY to its prior safe condition. 40. BRT FACILITY may be added or removed from this Agreement by mutual written agreement of the Parties and by updating Exhibit “A”, Exhibit “B” and /or Exhibit “C” in this Agreement. Prior to the implementation of the new component or proposed revision, the Party proposing the change should 2019-01-08 Agenda Packet Page 90 AGREEMENT NO.: XX-YYYY Draft 11/15/18 7 submit a request of its intention to the other Party to this Agreement for review and comment. The party shall take action to respond to the request within 30 days unless otherwise agreed to by the affected Parties. 41. As technology advances, new components may be added to the Rapid route traffic control systems. The Quarterly Standard Performance Checklist, Exhibit “D”, in this Agreement may be updated, from time to time, following mutual written agreement of the Parties to reflect those changes and by updating Exhibit “D” in this Agreement. 42. The City periodically reviews and may update its minimum insurance requirements. MTS is required to maintain the insurance requirements described in Exhibit “E” per this Agreement. Thirty (30) days prior to any change in its insurance requirements, the City will notify MTS of any changes to its insurance requirements in relation to this Agreement and will update Exhibit “E” in this Agreement. 43. The BRT FACILITY is owned, managed, operated, maintained, and controlled solely by MTS. Except as provided herein, City has no duty, obligation, or responsibility for ownership, operation, maintenance, or control of the BRT FACILITY. 44. SANDAG and MTS will assume full responsibility for maintenance, liability, repair, protection, replacement and ultimate or interim removal of said DEDICATED GUIDEWAY as specifically set forth herein, unless otherwise agreed upon by the City, SANDAG and MTS 45.SANDAG and MTS acknowledge and agree that the communications duct bank within City right- of-way is owned by the City. Conduit(s) and/or fiber optic cable(s), within the communications duct bank, are designated for exclusive use by the Parties as assigned in the Project’s as-built construction plans for the duration of this Agreement. 46.The Parties shall be responsible for the maintenance, management, and use of their respective communication system conduit(s), fiber optic cable(s), and communications equipment along the Rapid route. 47. City reserves its right to use the DEDICATED GUIDEWAY, SR-125 bridge overcrossing, and/or stations within the City right-of-way for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction or reimbursement to any party should MTS cease operation of the DEDICATED GUIDEWAY and/or stations for any reason, including but not limited to termination or expiration of this Agreement. 48. This Agreement shall be effective upon the date of execution of the Agreement by MTS, SANDAG, and City. Each party will pay its costs of allocated maintenance responsibility as identified herein and no payments are due to City, SANDAG, or MTS by any other, except as noted in this Agreement. That unless it is amended by the Parties in writing, this Agreement is effective for the life of TransNet upon execution by all Parties but subject to termination upon a minimum of a 90 days written notice by any Party and automatically upon termination of legislative or administrative authorization of the Program by any state or federal government agency. 49. Neither City nor any director or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by MTS or SANDAG under or in connection with any work, authority, or jurisdiction delegated to MTS or SANDAG under this Agreement. It is understood and agreed that, pursuant to California Government Code Section 895.4,MTS or SANDAG, as applicable, shall fully defend, indemnify, and save harmless City, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in California Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MTS or SANDAG under in connection with any work,authority, or jurisdiction delegated to MTS or SANDAG under this Agreement. 2019-01-08 Agenda Packet Page 91 AGREEMENT NO.: XX-YYYY Draft 11/15/18 8 50. Neither MTS, nor any director, officer, or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by City or SANDAG under or in connection with any work, authority, or jurisdiction delegated to City or SANDAG under this Agreement. It is also understood and agreed that, pursuant to California Government Code Section 895.4, City or SANDAG, as applicable, shall fully defend, indemnify, and save harmless MTS, its directors, officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in California Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City or SANDAG under or in connection with any work, authority, or jurisdiction delegated to City or SANDAG under this Agreement. 51. Neither SANDAG, nor any director, officer, or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by City or MTS under or in connection with any work, authority, or jurisdiction delegated to City o r M T S under this Agreement. It is also understood and agreed that, pursuant to CaliforniaGovernment Code Section 895.4, City or MTS, as applicable, shall fully defend, indemnify,and save harmless SANDAG, its directors, officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in California Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City or MTS under or in connection with any work, authority, or jurisdiction delegated to City or MTS under thisAgreement. 52. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability or either party to the contract by imposing any standard of care different from the standard of care imposed by law. 53. The parties hereto recognize and agree that separate counterpart signature pages may be used but that all such pages constitute one and the same Agreement. Attachment: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E 2019-01-08 Agenda Packet Page 92 AGREEMENT NO.: XX-YYYY Draft 11/15/18 9 CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT SYSTEM By By MARY CASILLAS-SALAS Mayor PAUL C. JABLONSKI Chief Executive Officer Approved as to form and Procedure:Approved as to form: By By GLEN R. GOOGINS City Attorney KAREN LANDERS General Counsel SAN DIEGO ASSOCIATION OF GOVERNMENTS By HASAN IKHRATA Executive Director By JOHN KIRK Office of General Counsel 2019-01-08 Agenda Packet Page 93 Project EXHIBIT A 2019-01-08 Agenda Packet Page 94 OSD-7 OSD-7 SUNBOW II OSD-35 SUNBOW II OSD-35 2019-01-08 Agenda Packet Page 95 SUNBOW II OSD-35 SUNBOW II OSD-35 SUNBOW II OSD-35 SUNBOW II OSD-35 2019-01-08 Agenda Packet Page 96 2019-01-08 Agenda Packet Page 97 2019-01-08 Agenda Packet Page 98 2019-01-08 Agenda Packet Page 99 2019-01-08 Agenda Packet Page 100 2019-01-08 Agenda Packet Page 101 2019-01-08 Agenda Packet Page 102 2019-01-08 Agenda Packet Page 103 2019-01-08 Agenda Packet Page 104 2019-01-08 Agenda Packet Page 105 2019-01-08 Agenda Packet Page 106 2019-01-08 Agenda Packet Page 107 2019-01-08 Agenda Packet Page 108 Traffic Signal System No. Traffic Signal Location Meter Address Alignment Station Exhibit A Sheet No. New Signal or Modification Energy Costs 1 East Palomar St/Nacion Av 406 East Palomar TBD 2 New SANDAG 100% 2 East Palomar St/Raven Av 452 East Palomar TBD 2 New SANDAG 100% 3 East Palomar St/Oleander Av 1331 Oleander Ave 404+10 2 New SANDAG 100% 4 East Palomar St/Brandywine Av/Medical Center Dr 1315 Medical Center Dr 424+45 3 Modification City 100% 5 East Palomar St/Sunbow Plaza (Commercial Drwy)683 East Palomar St 430+60 3 New SANDAG 100% 6 East Palomar St/Davies Dr 1381 Davies Dr 434+65 3 Modification City 100% 7 East Palomar St/Medical Center Ct 789 East Palomar St 445+65 3 New SANDAG 100% 8 East Palomar St/Paseo Ladera 847 East Palomar St 454+65 3 Modification City 100% 9 East Palomar St/Brashear Pl 972 East Palomar St 467+15 4 Modification City 100% 10 East Palomar St/Santa Olivia Rd/Santa Carina Dr 993 East Palomar St 475+60 4 New SANDAG 100% 11 East Palomar St/Santa Sierra Dr/Santa Maria Dr 1390 Santa Maria Dr 490+15 4 New SANDAG 100% 12 East Palomar St/Heritage Rd 2582 Heritage Rd 500+00 4 Modification City 100% 13 East Palomar St/Monarche Dr/Santa Rita 1311 Monarche Dr 519+35 5 Modification City 100% 14 East Palomar St/Heritage Station 1339 East Palomar St 524+75 7 Modification City 100% 15 East Palomar St/Monarche Dr/Santa Andrea St 1339 East Palomar St 530+00 5 Modification City 100% 16 East Palomar St/Santa Alicia Av 1489 East Palomar St 539+46 5 New SANDAG 100% 17 East Palomar St/Santa Flora Rd 1555 East Palomar St 558+60 6 New SANDAG 100% 18 East Palomar St/Santa Delphina Av 1166 Santa Delphina Ave 569+60 6 New SANDAG 100% 19 East Palomar St/La Media Rd 1192 La Media Rd 575+00 6 Modification City 100% 20 East Palomar St/Santa Cora Av 1717 East Palomar St 583+45 6 Modification City 100% 21 East Palomar St/Lomas Verde Station 1735 East Palomar St 587+77 8 New SANDAG 100% 22 East Palomar St/Vista Sonrisa Av 1777 East Palomar St 592+00 6 New SANDAG 100% 23 East Palomar St/Santa Rosa Dr 1801 East Palomar St 598+95 6 Modification City 100% 24 East Palomar St/Olympic Pkwy 1825 East Palomar St 605+00 10 Modification City 100% 25 East Palomar St/View Park Wy 1895 East Palomar St 617+70 10 New SANDAG 100% 26 East Palomar St/Santa Venetia Station 1926 East Palomar St 620+50 11 Modification City 100% 27 East Palomar St/Magdalena Av 1943 East Palomar St 623+35 10 New SANDAG 100% 28 East Palomar St/Bridge Overcrossing at SR-125 TBD TBD 10 New SANDAG 100% 29 Town Center Dr/Ring Rd (Otay Ranch Town Center)TBD 644+00 10,12 New SANDAG 100% 30 BRT Guideway/Otay Ranch Town Center (Cinema)TBD 658+85 12 New SANDAG 100% 31 Eastlake Pkwy/Kestrel Falls Rd 1615 Eastlake Pkwy 664+62 12 Modification City 100% 32 Eastlake Pkwy/Birch Rd 1665 Eastlake Pkwy 675+80 12 Modification City 100% 33 Eastlake Pkwy/Stylus St 1738 Eastlake Pkwy 112+56 15 Modification City 100% 34 BRT Guideway Crosswalk at Eastlake Pkwy TBD 108+98 15 New SANDAG 100% 35 BRT Guideway/Solstice Av TBD 104+25 15 New SANDAG 100% 36 BRT Guideway/Orion Av TBD 100+00 15 New SANDAG 100% 37 Orion Av/Stylus St TBD TBD --Modification City 100% 38 Orion Av/Artisan Way TBD TBD --Modification City 100% 39 Orion Av/Birch Rd TBD TBD --Modification City 100% 40 Birch Rd/Millenia Av TBD TBD --Modification City 100% 41 Birch Rd/SR125-NB Ramp TBD TBD --Modification City 100% 42 Birch Rd/SR125-SB Ramp TBD TBD --Modification City 100% ELECTRICAL ENERGY EXHIBIT B ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES CITY OF CHULA VISTA & SANDAG BASIS OF COST DISTRIBUTION 2019-01-08 Agenda Packet Page 109 2019-01-08 Agenda Packet Page 110 2019-01-08 Agenda Packet Page 111 2019-01-08 Agenda Packet Page 112 2019-01-08 Agenda Packet Page 113 2019-01-08 Agenda Packet Page 114 2019-01-08 Agenda Packet Page 115 2019-01-08 Agenda Packet Page 116 2019-01-08 Agenda Packet Page 117 2019-01-08 Agenda Packet Page 118 2019-01-08 Agenda Packet Page 119 2019-01-08 Agenda Packet Page 120 2019-01-08 Agenda Packet Page 121 2019-01-08 Agenda Packet Page 122 2019-01-08 Agenda Packet Page 123 2019-01-08 Agenda Packet Page 124 EXHIBIT D QUARTERLY STANDARD PERFORMANCE CHECKLIST FOR TSP INTERSECTIONS • Perform all routine maintenance checks normally performed by the City whether or not a TSP device is installed • Check all phase selector card, connections, wiring, and receivers to ensure proper operation (as per manufacturer recommendations/guidelines) • Clean optical receivers at least once every six months (if present) QUARTERLY STANDARD PERFORMANCE CHECKLIST FOR DEDICATED GUIDEWAY INTERSECTIONS • Perform all routine maintenance checks normally performed by the City whether or not a TSP device is installed • Check all phase selector card, connections, wiring, and receivers to ensure proper operation (as per manufacturer recommendations/guidelines). • Check all video and loop-based detection (particularly those supporting Rapid dedicated guideway operations). QUARTERLY STANDARD PERFORMANCE CHECKLIST FOR OLG INTERSECTIONS AND TRAFFIC SIGNAL EQUIPMENT • Perform all routine maintenance checks normally performed by the City whether or not a TSP device is installed • Check all phase selector card, connections, wiring, and receivers to ensure proper operation (as per manufacturer recommendations/guidelines). • Clean optical receivers at least once every six months (if present) • Check all video and loop-based detection for the OLG, including loops that indicate direction and vehicle counts on the OLG. • Check that battery backup status is ok at both OLG equipment cabinets. • Check that the gate control arms are intact, undamaged, and operating properly. o If gate system appears to be damaged or not functioning properly, then City will report issue(s) to MTS for evaluation and/or repair. • Check the emergency preemption system for the OLG is operating as designed (e.g. triggers proper signal phases, OLG indications, and gate arm activations). 2019-01-08 Agenda Packet Page 125 EXHIBIT E A. INSURANCE. MTS agrees to abide by the following insurance requirements: 1. General. MTS must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the MTS, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. WC. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to MTS or the Contractor’s profession. 3. Minimum Limits of Insurance. MTS must maintain limits no less than those included in the table below: i. General Liability: (Including operations, products and completed operations, as applicable) $5,000,000 per occurrence for bodily injury, personal injury, (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Project/location or the general aggregate limit must be twice the required occurrence limit. The required five million ($5,000,000) Liability Limit may be met by way of combined Primary and Umbrella or Excess Liability limits ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii. Workers’ Compensation Employer’s Liability: Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee iv. Professional Liability or Errors & Omissions Liability $1,000,000 per occurrence or claim $2,000,000 aggregate 2019-01-08 Agenda Packet Page 126 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self - insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or MTS will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker’s compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, directors, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of MTS, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of MTS, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to MTS’s insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. MTS’s General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, directors, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, directors, or volunteers is wholly separate from the insurance of MTS and in no way relieves MTS from its responsibility to provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” shall be deleted from all certificates. d. Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 2019-01-08 Agenda Packet Page 127 e. Waiver of Subrogation. MTS’s insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Retro Date. The “Retro Date” must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of the Agreement, MTS must purchase “extended reporting” coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. MTS shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this section of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Contractors. MTS must include all contractors as insureds under its policies or furnish separate certificates and endorsements for each contractor. All coverage for each contractor is subject to all of the 2019-01-08 Agenda Packet Page 128 requirements included in these specifications. Contractor’s obligation with respect to the required coverage under Section 3(i), as discussed above, may be reduced to a minimum of one million ($1,000,000) only upon the condition and MTS’s agreement that MTS shall name contractor as an additional insured and MTS’s umbrella or excess liability coverage also covers subcontractors for an additional four million ($4,000,000). 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit MTS’s obligations under this Agreement, including Indemnity. 2019-01-08 Agenda Packet Page 129 1 [To see this document’s Pink Slip, click the ¶ button on your toolbar.] MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS, THE CITY OF CHULA VISTA, AND THE METROPOLITAN TRANSIT SYSTEM REGARDING RAPID TRAFFIC SYSTEMS OPERATIONS This Memorandum of Understanding (“MOU”) is made and entered into effective as of this ____ day of _________, _____, by and between the San Diego Association of Governments (“SANDAG”), the City of Chula Vista (“City”), and the Metropolitan Transit System (“MTS”) for the purpose of developing consensus between said agencies on the operations of the Traffic Signals , Transit Signal Priority (TSP), and One-Lane Guideway (OLG) systems for the South Bay Rapid Project (hereinafter referred to as the “Project”). RECITALS WHEREAS, SANDAG is responsible for the administration of the local transportation sales tax program in San Diego County as set forth in the TransNet Extension Ordinance and Expenditure Plan (TransNet); and WHEREAS, SANDAG is responsible for constructing transit projects funded by the revenues from TransNet, including the Project; and WHEREAS, the Project includes multiple capital improvements within the City, including traffic signal systems, the Rapid Dedicated Guideway, in line Transit Stations, TSP systems and the OLG bridge over SR 125; and WHEREAS, these capital improvements and the underlying systems are necessary to improve transit system performance by ensuring the Rapid route service is safe, convenient, reliable, and efficient without impacting preemption functions for public safety; and WHEREAS, the City operates and maintains the traffic signal systems and equipment within the jurisdiction which are needed for Rapid systems operations; and WHEREAS, implementation, proper operation, and monitoring of TSP, traffic signals, and OLG operations is critical to meeting regional transportation goals; and WHEREAS, MTS as the Project operator, will be responsible for bus operations on the Rapid route; and WHEREAS, MTS will be responsible for maintenance checks and replacement for equipment located on the vehicle including those non-TSP elements which may impact proper TSP operations, as well as regular review and update of project schedules to support effective use of TSP, pursuant to Memorandum of Understanding between MTS and SANDAG, SANDAG Contract number _________; and 2019-01-08 Agenda Packet Page 130 2 WHEREAS, City is responsible for traffic signal operations at TSP intersections. Intersection traffic signal control equipment, including the signal side GTT Opticom Priority Equipment, will be managed and operated by the City if it is otherwise responsible for that intersection. Full cost recovery to operate and manage traffic control equipment, including TSP elements, along the Rapid route shall be billed by the City to SANDAG on a quarterly basis or as mutually agreed upon by the Parties; and WHEREAS, responsibilities related to bus operations and maintenance will be agreed to in a separate Memorandum of Understanding between MTS and SANDAG; and WHEREAS, responsibilities related to the maintenance of the Capital Improvements along the Rapid dedicated guideway and in line transit stations will be agreed to in a separate Joint Use Maintenance Agreement (JUMA) between MTS, SANDAG and the City, and WHEREAS, the Parties agree that monitoring and reporting is a critical component of the success of this Project, and WHEREAS, the Parties of this MOU have defined the TSP requirements, made a determination on where TSP will be implemented, and mutually desire to specify the operation and monitoring responsibilities of the Parties in regard to the Project. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: DEFINITIONS 1.Communications System are systems for exchanging information including two-way radio systems for communications between dispatchers and vehicle operators, wireless and wired communications between field devices and management and monitoring systems, Automatic Vehicle Locator (AVL) systems, automated dispatching systems, vehicle guidance systems, telephones, facsimile machines and public address systems. 2.Traffic Signal Controller is the computer (usually located in an equipment cabinet near the signalized intersection) that controls the operations of the signal based on the signal timing parameters established for each location. 3.Traffic Signal Phase is a portion of the overall signalized intersection operation that defines the directions of travel (e.g. eastbound left turn, westbound left turn, etc.) and allowable time parameters (e.g. max green time, min green time, etc.) that can be controlled based on traffic and/or settings input by the City. 4.Transit Signal Priority (TSP)is an operational strategy that primarily facilitates the movement of transit vehicles (usually those in-service), either buses, through traffic signal controlled intersections. Objectives of TSP include improved schedule adherence and improved transit travel time consistency while minimizing impacts to normal traffic operations. 2019-01-08 Agenda Packet Page 131 3 5. Check-In is used for TSP mixed flow, Dedicated Guideway, and One-Lane Guideway operations to determine a bus is approaching an intersection and to make a request (input) to the traffic signal controller. This initiates the logic that controls signal phasing and TSP functions. 6.Check-Out is used for Dedicated Guideway and One-Lane Guideway operations to determine a bus has cleared a particular location or intersection which then initiates additional logic or cancels certain TSP actions in the signal controller. 7.Green Extension occurs when the green light indication at a traffic signal is extended a short period of time in the direction of travel of the bus (established per intersection) to allow a bus more time to move through the intersection. 8.Early Green occurs when a bus arrives on a red light indication at a traffic signal and the appropriate signal phase is advanced to allow the bus to receive a green light sooner than it otherwise would allow. 9.Phase Omit occurs when other phases of the operation of the signalized intersection are allowed to be omitted for a temporary period to allow phases in the direction of travel of the bus to receive TSP. 10.Active Transit Signal Priority System means a system that allows the bus to request special transit priority at a particular traffic signal that processes whether or not the request can be granted given the status of the signal cycle and its configuration. An active TSP approach can be applied in both mixed flow traffic operations (where the bus travels in regular lanes of traffic) or in Dedicated Guideway operations. 11.Emergency Pre-emption System means the hardware and software comprising a system that provides for the altering of standard traffic signal timings and sequences to safely and efficiently accommodate approaching emergency vehicles in order to reduce response times. 12.Rapid (formerly known as Bus Rapid Transit)is a flexible, high performance transit mode that uses buses or special rubber tire-based vehicles operating on pavement, and that combines a variety of physical, operating and system elements into a permanently integrated system with a quality image and unique identity. TSP and Dedicated Guideway operations are intended to improve the quality of Rapid. 13.Dedicated Guideway (for the purposes of this project) is a dedicated “Rapid buses only” corridor within the median of East Palomar Street, from Oleander Avenue to Magdalena Avenue, and an independent corridor from Magdalena Avenue to Birch Road. 14.Regional Transit Management System (RTMS)is the widely deployed transit Automatic Vehicle Location (AVL) tracking, communications, and dispatching system used by Metropolitan Transit System (MTS). This system determines the status and schedule adherence of buses and supports TSP. 15.Central Signal Management System (CSMS)is a central signal management system deployed by the City to monitor and manage traffic signal operations. This system is capable of collecting data from and monitoring individual signals. The City may operate more than one CSMS, 2019-01-08 Agenda Packet Page 132 4 however for purposes of this project the assumed CSMS is Transparity provided by McCain Traffic Supply. 16.Central Management Software (CMS) is a supporting system, sourced from Global Traffic Technologies (GTT), focused on emergency preemption and phase selector data management and monitoring. This system is an important tool in providing reports on the signal components related to TSP and Guideway activity. 17.One-Lane Guideway (OLG) Control System (formerly known as One-Way Transit Control System)is the system deployed to manage bus and potential emergency traffic across the Guideway bridge over SR 125. This system operates two traffic signals on either side of the bridge along the single lane of bus operations, and includes electronic signage, additional sensors, and access control gates. 18.Automatic Vehicle Location (AVL)is a system that senses or calculates, at intervals, the location of transit vehicles. Vehicle location can be used in various applications, including schedule adherence monitoring, operational control and incident management through computer- assisted dispatching, real-time customer information, transit signal priority, etc. Most transit AVL systems now use global positioning system (GPS) to determine vehicle location. 19.Global Positioning System (GPS)is a system that uses satellites to transmit signals that enable GPS receivers to determine vehicle location, speed, direction, and time of a vehicle. 20.TSP Corridor means a well-traveled transit corridor where TSP technology is available to specially equipped buses to allow communications between the transponder on a bus and the traffic signal. 21.Priority Request refers to the electronic message sent from the vehicle to the traffic signal equipment to request Early Green or Green Extension priority treatment. 22.Phase Selector is a specific piece of signal equipment which receives and processes Priority Requests and then determines if this request should be forwarded to the traffic controller for TSP action. The Phase Selector is an important component of the overall TSP system as it distinguishes between TSP and emergency preemption requests, and it logs details of the request made which are useful in monitoring. 23.Division Director in terms of this MOU will mean the Director of Mobility Management and Project Implementation for SANDAG and the Director of Engineering and Capital Project Department and/or Public Works Department for the City, or their duly-appointed designees. 24.Rapid Route in terms of this MOU will mean the entire segment of the South Bay Rapid route in the City of Chula Vista on local roads. PROJECT DESCRIPTION SANDAG is working in collaboration with the MTS, Caltrans, and the City to design and build the South Bay Rapid service as part of the voter approved TransNet program. When completed, South Bay Rapid 2019-01-08 Agenda Packet Page 133 5 will be a 26-mile route from the Otay Mesa Port of Entry to Downtown San Diego via eastern Chula Vista, connecting to employment and activity centers in Downtown San Diego and South County. It will be the fourth Rapid transit project in the San Diego region. Three new Rapid lines along Interstate 15 (I-15) and in the Mid-City area of San Diego began service in 2014. Following the established MTS route number convention, the South Bay Rapid will be numbered Route 225. The South Bay Rapid service will offer passengers high-quality transit that is frequent, reliable, and comfortable. The project will provide new upgraded vehicles, limited stops, enhanced stations with real- time vehicle arrival displays, Transit Signal Priority (TSP), signal progression, and a dedicated transit guideway to provide a more efficient and reliable Rapid transit service. Construction began in 2016 and a soft opening with limited service began in September 2018, with full implementation in 2019. The portion of the South Bay Rapid route that is within the City of Chula Vista spans from Millennia to the East Palomar Street Park & Ride Transit Station (just east of I-805) via East Palomar Street. There are three traffic operations systems that are critical to the efficient and safe operations of the South Bay Rapid services. TSP will be active at forty-two (42) traffic signal controlled intersections within the City of Chula Vista. Nine (9) of these will be at mixed flow intersections and thirty-three (33) of these will be Dedicated Guideway (and Station) intersections. TSP at mixed flow intersections will change the signal phase to provide an early green or green extension when a delayed bus is approaching to improve schedule adherence while minimizing impacts to normal traffic operations. At Dedicated Guideway intersections, the detection of buses primarily occurs from detector loops in the bus lanes of the Dedicated Guideway. TSP logic at Dedicated Guideway intersections is based on peer-to-peer logic where information on a bus activating traffic signal phases at one intersection can be passed to other downstream signalized intersections. This allows special TSP logic that can extend, shorten, or phase omit signal phases to benefit the bus. Additionally, the One-Lane Guideway (OLG) bridge connecting Otay Ranch Town Center and the Santa Venetia Station requires a control system which will manage bus traffic across the bridge, since two directional traffic will be using a one-way bridge, using traffic signals on either side of the bridge, electronic signage, sensors, and control gates. SANDAG AGREES: 1. Management of Rapid Traffic Systems: a.SANDAG agrees to work with the City in a cooperative effort to develop and input configurations into the TSP intersections as part of the initial deployment. b. SANDAG agrees to provide the City with the configuration and backup software during preliminary and final acceptance of the OLG control system to support the City’s monitoring and management of the OLG. c. SANDAG agrees to work with the City to determine the approach and timing to return the Rapid Dedicated Guideway or OLG to safe operations if the City determines in their judgement that it is unsafe to operate due to physical issues or signal operations. 2. Monitoring a. SANDAG, in cooperation with MTS, will be responsible for the overall monitoring of TSP, Rapid route, and OLG performance and operation and for notifying the City 2019-01-08 Agenda Packet Page 134 6 when problems are identified, as well as management of ongoing funds and agreements. b. SANDAG will produce quarterly reports to the City and MTS that summarizes the performance efficiency, problems, or issues related to the TSP, Rapid route and OLG. SANDAG will also be permitted read-only access or receive preconfigured reports to obtain data from the MTS Regional Transit Management System (RTMS) to review problem locations identified through the City data. SANDAG will identify any issues and provide the necessary information to the City on any problematic locations in support of meeting goals for the Project. 3. Performance Evaluation a. To review and comment on service monitoring reports prepared by City in accordance with: i. Criteria (to be developed in cooperation with City) ii. Procedures (to be developed in cooperation with City) iii. Scheduling (to be developed in cooperation with City) b. To at least annually have a traffic engineer review and observe the traffic flow along the OLG and Rapid route, in conjunction with the City. This would include on-site reviews of the Rapid route to discuss any outstanding operations issues or concerns, public complaints, complaints from MTS regarding unusual or increasing delays, and development of an action list including suggested corrective action, follow-up review, timelines, responsibilities, and/or equipment needs. 4. Funding a. SANDAG agrees to provide funds for ongoing TSP, Traffic Signal and OLG operations (including monitoring & reporting) to City, on a full cost recovery basis, to fulfill the City’s requirements under this MOU. b. SANDAG shall not be required to provide additional funding without written amendment to this MOU. SANDAG and the City will evaluate and review the fees within the formulas at the biannual meetings to determine any potential cost increases that may have occurred due to economic inflation, unanticipated signal timing modifications, staff hourly rate changes, vendor contract changes, etc. c. All payments to City will be made by SANDAG on a quarterly basis or as mutually agreed upon for actual City costs incurred. City will submit an invoice for payment to SANDAG detailing all costs incurred by the City based on the cost breakdown. CITY AGREES: 2019-01-08 Agenda Packet Page 135 7 1. Management and Operations of Rapid Traffic Systems: a.The City agrees to operate equipment located along the Dedicated Guideway and at intersections along the Rapid route to support the operations of traffic signals and TSP functions (including non-TSP elements that may impact proper TSP operations such as communications system elements, detector loops, video detection, electric wiring, and cabinet and controller equipment), and the traffic signal controller for the OLG to support the access control functions. b. During regular operations and performance checks, the City will make reasonable efforts to ensure that appropriate and current controller, signal and TSP timing, software, and communications configurations are entered or maintained. This will include special timing plan, peer-to-peer logic, and configuration information for the OLG and Rapid route intersections. The City will make reasonable efforts to carry out the standard performance checklist as set forth in Exhibit B on a quarterly basis. c. The City will make reasonable efforts to maintain copies of the TSP configurations and Rapid route signal configurations in the controller cabinets where the intersection signal timing sheets are kept. These configurations will be jointly developed and input into the signalized intersection as part of the initial deployment in a cooperative effort between the City and SANDAG. d. The City will make reasonable efforts to maintain the software configurations and backup software for the OLG for easy electronic upload either remotely or in the field. SANDAG will provide the City with the configuration and backup software during preliminary and final acceptance of that system. The City will make reasonable efforts to coordinate with MTS and SANDAG on any changes to the OLG’s software configurations in advance of implementation. e. City will make reasonable efforts to conduct follow-up operations checks and resolve functionality issues or failures under the following desired timelines: i. Once a TSP concern has been identified and reported to the City, the City will make reasonable efforts for follow-up operational checks within 5 working days. The City will be responsible for retaining spare equipment (e.g., traffic signal controllers, phase selectors, video detection cameras) sufficient to allow a repair within 5 working days of the City’s initial response to the issue. The total quantity and types of spares necessary to meet this timeline will be determined by the City. ii. Once a functionality issue or failure has been reported to the City with a Rapid route traffic signal or the OLG Control System: 1.The City will make reasonable efforts to provide an initial response within one (1) hour if it occurs during South Bay Rapid operating hours. 2019-01-08 Agenda Packet Page 136 8 2. The City will make reasonable efforts to provide an initial response by one (1) hour before service begins if it occurs outside of South Bay Rapid operating hours. 3.The City will make reasonable efforts to notify MTS and SANDAG if resetting the System or traffic signal controller fails to resolve the issue within two (2) hours of the attempt to reset. 4. For minor equipment or software failures that can be resolved installing spare equipment by a City signal technician or maintenance crew, resolution (repair, software reload, equipment swap, and/or reset resolution), City will make reasonable efforts to ensure City’s initial response to the issue will occur within 4 hours. 5. For major equipment or software failures that will require specialized equipment or outside contractors (e.g. need to replace a detector in pavement, physical damage to the facilities, etc.), the City will make reasonable efforts to restore full operations within 5 working days of the City’s initial response to the issue. 6. If the City determines in their judgement that the Dedicated Guideway or OLG is unsafe to operate buses, they will make reasonable efforts to notify SANDAG within 24 hours of this determination and will notify MTS within one (1) hour to establish detours. The City will hold a meeting with SANDAG and MTS to determine the approach and timing to return the Dedicated Guideway or OLG to safe operations. 7. Once an issue has been resolved, the City will make reasonable efforts to notify MTS within two (2) hours and SANDAG within 24 hours. 8. If the City is unable to meet these timelines due to the extent of the damage or issue with the Rapid route signals and/or OLG, they will make reasonable efforts to notify MTS and SANDAG within 36 hours of the extent of the issue or damage and set a meeting to discuss options and temporary operations. 2. Monitoring a. City will make reasonable efforts to provide SANDAG with the following data from the traffic signal equipment and systems through one of the options noted below: i. Emergency Vehicle Preemption Report (low priority & high priority request) – This report should be provided at a minimum of monthly intervals for all TSP and Rapid route intersections in the Project. It details each TSP request received by the traffic signal controller by intersection, date, time, level of priority, etc. The report should be provided electronically in a format allowing further processing and comparison. 2019-01-08 Agenda Packet Page 137 9 1. Alternate Reporting Mechanism: It is anticipated that reporting improvements will be made to Transparity that make this report available centrally through Transparity without the need for the City to “run” the reports and send the electronically to SANDAG. SANDAG agrees that this alternate reporting mechanism is acceptable in lieu of the process described above. ii. Phase Selector or GTT Central Management Software (CMS) EVP Device Report (low priority/high priority) – TSP and Rapid route intersections also include data at the Phase Selector which keeps a log of all TSP and emergency vehicle preemption requests. This log is accessible by accessing the Phase Selector directly without interacting or interfering with the traffic signal controller in any way. This log is useful for more detailed analysis of TSP operations and effectiveness, particularly when compared with data from RTMS. It provides additional data not available through other reports on the specific duration of requests, cancellation of requests, and requests passed through to the traffic signal controller. Once the initial TSP implementation is in place and operational, this data is expected to be collected once every 3 months. For TSP enabled intersections, the City will either download this data from the Phase Selectors and provide the electronic files to SANDAG or provide appropriate access so that the logs may be downloaded. 1. Alternate Reporting Mechanism: It is anticipated that reporting improvements will be made to Transparity and/or GTT’s CMS that will make this data available without the need to access individual intersection cabinets. Once such improvements are in place, the City can make these reports available to SANDAG either directly through electronic means or through a central reporting resource. SANDAG agrees that this alternate reporting mechanism is acceptable in lieu of the process described above. iii. Phase Selector Opticom Equipment Diagnostics Report – For mixed flow TSP and Rapid route intersections, when collecting Phase Selector data or performing regular maintenance checks, the City will run the available Phase Selector diagnostic check. This check confirms that the priority request receivers, cabling, and phase selector are operating properly. This data can be downloaded either to field laptop from individual intersections. The City will make reasonable efforts to provide a summary of known or reported TSP equipment failures to SANDAG. This can be done by either providing the downloaded files or by creating a separate summary list. iv. The OLG Control System generates specialized alarms and reports specific to the operation of the OLG. These reports will be contained in the Transparity system owned and operated by the City. The City will make reasonable efforts to provide monthly summaries of key reports (or alternatively provide remote access to the reports to SANDAG) from this system on the OLG operations to include: 1. Number of buses/vehicles using the OLG by direction 2019-01-08 Agenda Packet Page 138 10 2. Maximum and average crossing times of the OLG as defined by first check-in and check-out of the OLG 3. Summaries of bus dwell times awaiting clearance to traverse the OLG 4. Summary of OLG alarms requiring reset of the system by day, time, and type as defined in the OLG system manual b. There may be occasions when particular issues arise that are not consistent with the reporting schedule above. During these unplanned events, the City will make reasonable efforts to provide the above noted reports for the identified problem locations within ten working days’ notice. Alternatively, the City may provide read- only access or oversight for SANDAG to download Phase Selector and/or traffic controller event log data and diagnostics reports by SANDAG. 3. Performance Evaluation a. To maintain logs in the controller cabinets documenting the TSP, traffic signal, and OLG timing plan and configuration changes. b. To maintain logs in the controller cabinets documenting TSP, traffic signal, and OLG maintenance efforts. 4. City will make reasonable efforts to maintain operational control of the intersections that are identified in this MOU and will collect data appropriate to monitoring TSP, Rapid route, and OLG performance per this MOU. 5. The system installed at each of the intersections to provide priority for transit vehicles also has the capability of providing emergency vehicle preemption. City may use the Emergency Pre-emption System capabilities. The Emergency Preemption settings and operations are the sole responsibility of the City. If Emergency Pre-emption System changes are made, the TSP settings and parameters will be maintained unless otherwise agreed by the Parties. MTS AGREES: 1. Management of Rapid Route Systems: a.MTS will be responsible for the maintenance checks and replacement of equipment located on vehicles (e.g. priority request transmitters) including those non-TSP elements that may impact proper TSP operations and TSP elements, as well as regular review and update of transit schedules, as appropriate, to support the most effective use of TSP. b. MTS shall be responsible for the operation of the OLG bridge overcrossing at the SR- 125 in its entirety except for the OLG’s traffic signal controller, traffic signal cabinet, 2019-01-08 Agenda Packet Page 139 11 any TSP systems, and software configurations which are the City’s responsibility per this MOU. c. MTS shall not, at any time, use or permit the public or any third party to use the Dedicated Guideway, SR-125 bridge overcrossing, and/or Stations in any manner that will interfere with or impair any of the City’s municipal duties or operations or the use of the Rapid facilities as bus transit facilities. 2. Monitoring a.MTS will perform TSP emitter checks on buses by using the test equipment available in the IAD yard. These checks will be performed as needed to keep the equipment in working condition. b. For the OLG, MTS will monitor operations and interactions of buses/operators with the OLG system and report the following: i. Apparent issues with the OLG system operations and/or related signal operations, including issues such as: 1. Broken or inoperable control gate arms (including location of gate arm) 2. Inoperable or seemingly problematic Dedicated Guideway traffic signal indications 3. Inoperable or damaged extinguishable message signs (indicating buses on the OLG) 4. Unusual delays at the OLG where buses do not appear to be travelling in the opposing direction to the reported delay 5. Situations (such as bus mechanical failure or safe operation issue) that prevent the continued operation of the OLG ii. MTS will notify the City of such situations within one (1) hour of their being reported by an MTS operator or field supervisor and establish on-going two- way communications with the City as necessary until the situation is resolved or is no longer apparent. iii. If the City indicates they have taken corrective action or repaired the outstanding situation, MTS will confirm with the City that OLG operations have returned to normal following buses crossing the OLG in both directions. c. MTS will follow MTS safety and operational procedures should a potential safety issue be identified by MTS on the OLG or Dedicated Guideway that requires operations to be suspended or detours implemented. This may include contacting police, emergency services, and/or the City’s Traffic Engineering Division. 2019-01-08 Agenda Packet Page 140 12 d. MTS will log notifications received from the City regarding OLG and Dedicated Guideway operations and equipment failures. e. MTS agrees to work with the City to determine the approach and timing to return the Dedicated Guideway or OLG to safe operations if the City determines in their judgement that it is unsafe to operate due to physical issues or signal operations. THE PARTIES MUTUALLY AGREE: 1. The implementation, proper operation, management, and monitoring of TSP is critical to meeting regional transportation goals and the inclusion of Rapid route service objectives. 2. The Parties recognize the mutual benefits of improving transit system performance through TSP without significantly impacting traffic circulation or preemption functions for public safety. 3. The Parties recognize that the system components at the affected traffic intersections will support both TSP and emergency pre-emption functionality; however all settings, primary equipment, and supporting equipment for emergency pre-emption functionality is the exclusive responsibility of the entity that owns the intersection. 4. The Parties agree that TSP monitoring and reporting is a critical component of the success of this Project. 5. It is the intent of the Parties involved to work cooperatively to continue to improve regional traffic management and transit priority systems in the San Diego region. 6. The mutual benefits of improving transit system performance through TSP should be carried out without significantly impacting traffic circulation. 7. City will make reasonable efforts to maintain operational control of the intersections that are identified in this MOU and will collect data appropriate to monitoring TSP performance; and a. Any changes to signal timing parameters including TSP settings will only be implemented by the City. b. City may modify or change timing plans which do not affect TSP operations without prior review by SANDAG or MTS. c. For special events, construction, street maintenance or emergencies, City may modify timing plans without prior review of SANDAG or MTS. The TSP settings and parameters for the affected intersection(s) should be re-entered into the timing plans within three (3) days after the event. d. New and adjusted timing plans along the Rapid route, except OLG, intersections in Exhibit A which will impact TSP operations, will be submitted to all Parties for a 14- day review prior to implementation. 2019-01-08 Agenda Packet Page 141 13 8. City reserves its right to use the Dedicated Guideway, SR-125 bridge overcrossing, and/or Stations within the City right-of-way for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction or reimbursement to any party should MTS cease operation of the Dedicated Guideway and/or Stations for any reason, including but not limited to termination or expiration of this MOU. 9. SANDAG, MTS, and the City shall be responsible for management, use, and operation of their respective fiber optic cables and communications equipment along the Rapid route. 10. Additional TSP Corridors, intersections, guideway segments, and/or OLG components may be added to this MOU by mutual written agreement of the Parties and by updating Exhibit A in this MOU. Prior to the implementation of the new component, the Party proposing the change should submit a request of its intention to the other Party to this MOU for review and comment. The party shall take action to respond to the request within 30 days unless otherwise agreed to by the affected Parties. 11. Addition or Removal of Other Parties - Other jurisdictions or transit operators may be added as a party this MOU and current parties may be removed as a party to this MOU. An amendment to this MOU must be made and agreed upon by all Parties involved in order to add additional parties or to remove current parties. 12. Scheduled Meetings - The Parties to this MOU will meet biannually to review the monitoring reports produced by SANDAG and discuss the status and any potential changes to the TSP, Dedicated Guideway, and/or OLG systems. According to the preference of the Parties involved, the biannual meetings could be conducted as a conference call. An additional annual meeting should be held to review and establish annual budgets and annual funding commitments for the coming year before the annual meeting with the SANDAG Transportation Committee. 13. Conflict Resolution - In the event of a conflict between the Parties, any Party may initiate the conflict resolution process as follows: a. The Parties are to submit a memo to all other Parties documenting the reasons and supporting evidence for the conflict or changes to any part of this MOU. After any additional information required has been collected, the Parties to this MOU will meet to discuss the issues and possible solutions in attempting to reach a consensus. b. If no mutual consensus can be reached by the Parties involved, the reasons and supporting evidence for the conflict may be presented to the appropriate Division Directors of each Party in order to reach a resolution. Should the appropriate Division Directors of each Party approve the requested TSP changes the Parties involved will be granted permission to implement the proposed changes. c. In the event that the Parties involved cannot agree on a resolution to the conflict at Division/Department Director levels, then the Parties agree to abide by the approval or denial of the requested changes at the Executive Director and City Manager level. 14. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2019-01-08 Agenda Packet Page 142 14 15. Notice -Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG: 401 B Street, Suite 800 San Diego, CA 92101 Attn: Kim Kawada Chief Deputy Executive Director For MTS: 1255 Imperial Avenue, Suite 1000 San Diego CA 92101 Attn: Timothy E. Allison Manager of Real Estate Assets For City of Chula Vista: 276 Fourth Avenue Chula Vista, CA 91910 Attn: William S. Valle Director/City Engineer Department of Engineering & Capital Projects 16. That unless it is amended by the Parties in writing, this MOU is effective for the life of TransNet upon execution by all Parties but subject to termination upon a minimum of a 90 days written notice by any Party and automatically upon termination of legislative or administrative authorization of the Program by any state or federal government agency. 17. Neither SANDAG, MTS, nor City nor any officer, director, or representative thereof is or shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other Party under or in connection with any work, authority or jurisdiction delegated to any other Party under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, each Party to this MOU shall fully defend, indemnify and save harmless all other parties, including all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by any Party under or in connection with any work, authority or jurisdiction delegated to any Party under this MOU. The indemnification provisions of this MOU shall survive termination of the MOU. 18. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 19. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 20. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venture or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 21. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 2019-01-08 Agenda Packet Page 143 15 22. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 24. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU. 25. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. Attachments: Exhibit A Exhibit B Exhibit C 2019-01-08 Agenda Packet Page 144 16 IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT SYSTEM By By MARY CASILLAS-SALAS Mayor PAUL C. JABLONSKI Chief Executive Officer Approved as to form and Procedure: Approved as to form: By By GLEN R. GOOGINS City Attorney KAREN LANDERS General Counsel SAN DIEGO ASSOCIATION OF GOVERNMENTS By HASAN IKHRATA Executive Director Approved as to form: By JOHN KIRK Office of General Counsel 2019-01-08 Agenda Packet Page 145 17 EXHIBIT A PROJECT LOCATION The San Diego Association of Governments (SANDAG) is working in collaboration with the Metropolitan Transit System (MTS), Caltrans, and the City of Chula Vista to design and build the South Bay Rapid service as part of the voter approved TransNet program. When completed, South Bay Rapid will be a 26- mile route from the Otay Mesa Port of Entry to Downtown San Diego via eastern Chula Vista, connecting to employment and activity centers in Downtown San Diego and South County. The portion of the South Bay Rapid route that is within the City of Chula Vista spans from Millennia to the East Palomar Street Park & Ride Transit Station (just east of I-805) via East Palomar Street along the following signalized intersections: East Palomar St/Nacion Av East Palomar St/I-805 DAR (CALTRANS) East Palomar St/Raven Av East Palomar St/Oleander Av 2019-01-08 Agenda Packet Page 146 18 East Palomar St/Brandywine Av/Medical Center Dr East Palomar St/Sunbow Plaza (Commercial Drwy) East Palomar St/Davies Dr East Palomar St/Medical Center Ct East Palomar St/Paseo Ladera East Palomar St/Brashear Pl East Palomar St/Santa Olivia Rd/Santa Carina Dr East Palomar St/Santa Sierra Dr/Santa Maria Dr East Palomar St/Heritage Rd East Palomar St/Monarche Dr/Santa Rita East Palomar St/Heritage Station East Palomar St/Monarche Dr/Santa Andrea St East Palomar St/Santa Alicia Av East Palomar St/Santa Flora Rd East Palomar St/Santa Delphina Av East Palomar St/La Media Rd East Palomar St/Santa Cora Av East Palomar St/Lomas Verde Station East Palomar St/Vista Sonrisa Av East Palomar St/Santa Rosa Dr East Palomar St/Olympic Pkwy East Palomar St/View Park Wy East Palomar St/Santa Venetia Station East Palomar St/Magdalena Av East Palomar St/Bridge Overcrossing at SR-125 2019-01-08 Agenda Packet Page 147 19 Town Center Dr/Ring Rd (Otay Ranch Town Center) BRT Guideway/Otay Ranch Town Center (Cinema) Eastlake Pkwy/Kestrel Falls Rd Eastlake Pkwy/Birch Rd Eastlake Pkwy/Stylus St BRT Guideway Crosswalk at Eastlake Pkwy BRT Guideway/Solstice Av BRT Guideway/Orion Av Orion Av/Stylus St Orion Av/Artisan Way Orion Av/Birch Rd Birch Rd/Millenia Av Birch Rd/SR125-NB Ramp Birch Rd/SR125-SB Ramp 2019-01-08 Agenda Packet Page 148 20 EXHIBIT B QUARTERLY STANDARD PERFORMANCE CHECKLIST FOR TSP INTERSECTIONS Check communications system connectivity to the traffic controller and phase selector card, and confirm communications with the Central Signal Management System. Connect and download phase selector card data (configurations and stored data) to the field technician laptop or similar download through remote connection Check traffic controller firmware/software, as well as timing plan configuration to ensure TSP parameters are in place and correct QUARTERLY STANDARD PERFORMANCE CHECKLIST FOR DEDICATED GUIDEWAY INTERSECTIONS Check communications system connectivity to the traffic controller and phase selector card, and confirm communications with the Central Signal Management System. Connect and download phase selector card data (configurations and stored data) to the field technician laptop or similar download through remote connection. Check traffic signal controller software to confirm the operating system and controller software are consistent with the latest field release approved versions (as determined by the City). Check traffic controller firmware/software, as well as timing plan configuration to ensure proper timing, TSP, and peer-to-peer logic parameters are in place and correct. QUARTERLY STANDARD PERFORMANCE CHECKLIST FOR OLG INTERSECTIONS AND TRAFFIC SIGNAL EQUIPMENT Check communications system connectivity to the traffic controller and phase selector card, and confirm communications with the OLG Control System. Check communications system connectivity between the two OLG traffic controllers. Connect and download phase selector card data (configurations and stored data) to the field technician laptop or similar download through remote connection. Check that battery backup status is ok at both OLG equipment cabinets. Check the emergency preemption system for the OLG is operating as designed (e.g. triggers proper signal phases, OLG indications, and gate arm activations). Check traffic controller software to confirm the operating system and controller software are consistent with the latest field release approved versions for the OLG and that any additional OLG software modules/installs are correct (as determined by the City). Check traffic controller firmware/software, as well as timing plan configuration to ensure proper timing, TSP, peer-to-peer logic, and OLG logic parameters are in place and correct. 2019-01-08 Agenda Packet Page 149 21 EXHIBIT C COST ESTIMATE Estimate of City’s full cost recovery for traffic signal operations, OLG, and due to TSP program along Rapid route: Position Services Approximate hours per year (per intersection) Hourly cost estimate Annual estimate* (per intersection) Traffic Devices Technician Supv Support of Operations Activity 4 $113.77 $455.08 Associate Engineer Reporting, review, check comm., refine signal timing 12 $137.37 $1,648.44 TOTAL $2,103.52 Annual estimate per “TSP” intersection: $2,103.52 Number of TSP intersections: 42 Annual estimate* for TSP intersections: $88,347.84 *This annual estimate does not include overtime, on-call, or emergency call back efforts which may be needed to meet the desired response times in this MOU. Therefore, additional costs may be due to SANDAG. 2019-01-08 Agenda Packet Page 150 1 MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM FOR THE EAST PALOMAR STREET TRANSIT STATION STREET IMPROVEMENTS THIS AGREEMENT (“Agreement”) is made and entered into this _______day of _____________, 2018, (the “Effective Date”) by and between the City of Chula Vista, a California Chartered Municipal Corporation (“City”), and the Metropolitan Transit System, a public transportation service provider (“MTS”), for the purpose of outlining and defining the roles, responsibilities, terms and conditions related to maintenance, repair and replacement of certain infrastructure that are part of the “East Palomar Street Transit Station Street Improvements” (the “Project”). The City and MTS may be referred to in this Agreement individually as a “party” and collectively as the “parties”. RECITALS: WHEREAS, the parties desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within City’s right of way; and WHEREAS, this Agreement is intended to identify the overall commitment and responsibilities regarding maintenance of the landscape, irrigation, and sidewalk areas (collectively the “Landscaping”) located within the Project area; and WHEREAS, the Project area lies within the jurisdiction of the City; and WHEREAS, City jurisdiction shall refer to all areas located within the City right-of-way. NOW, THEREFORE, in accordance with the mutual benefits contained in the aforementioned Recitals and in consideration thereof, City and MTS agree as follows: Article I - Maintenance The City and MTS agree to allocate maintenance responsibilities, including but not limited to inspection, repair, replacement, and general maintenance as shown on Exhibit “A” and as further described below . 1. The City shall maintain, at City expense: a) All improvements within the City right of way on Exhibit “A”that are not shown as an MTS responsibility including but not limited to pavement, curbs, gutters, sidewalks, traffic signs, pavement striping, pavement markings, pavement legends, traffic signal, and landscaped areas. 2. MTS agrees to perform and complete the following, at MTS expense: 2019-01-08 Agenda Packet Page 151 2 a) To maintain all landscaped areas designated on Exhibit “A”as frequently as necessary to maintain a neat and attractive appearance, as determined by the City. b) To obtain a no-cost encroachment permit for all work to be performed under this agreement and to obtain future encroachment permit riders as required for any changes to the scope of work allowed by this Agreement prior to the start of any work within City's right-of-way. c) To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. d) To replace unhealthy or dead plantings when observed by MTS or within 30 days when notified in writing by City that plant replacement is required. e) To prune shrubs, tree plantings, and trees to control extraneous growth and to ensure City standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. f) To maintain, repair, and operate the irrigation systems in a manner that prevents water from flooding or spraying onto City roadways, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. g) To control weeds at a level acceptable to the City. MTS shall perform any weed control by chemical weed sprays (herbicides) in strict compliance with all federal, state, and local laws, rules, and regulations, including but not limited to those established by the California Department of Food and Agriculture. h) To furnish electricity and maintain lighting system and controls for any lighting systems installed by and for MTS within the areas shown on Exhibit “A”. i)To inspect Landscaping on a regular basis to ensure the safe operation and condition of the Landscaping. j) To expeditiously maintain, replace, repair, or remove from service any Landscaping system component that has become unsafe or unsightly. k) To maintain all sidewalk areas, bus shelters, and other related transit amenities, within the areas shown as MTS responsibility on “Exhibit A”. MTS acknowledges and agrees that such maintenance includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious 2019-01-08 Agenda Packet Page 152 3 item or material on or about sidewalks, benches, shelters, trash receptacles, or the landscaping in an expeditious manner. l) To allow random inspection of Landscaping, street lighting systems, sidewalks and signs by a City representative. m) To keep the landscaped area policed and free of litter and deleterious material. n) Maintain the bio-filtration units and curb inlet filter inserts per guidelines set in the Joint Use and Maintenance Agreement between the City, MTS, and the San Diego Association of Governments. 3.MTS acknowledges and agrees that all work performed by or on behalf of MTS under this Agreement will be done at no cost to City. Article II – Exhibit “A” Revisions 1. When a planned future improvement is constructed or a minor revision has been implemented within the limits of the City’s right-of-way with City’s prior written consent or some other action or circumstance affects the parties’ division of maintenance responsibility as described herein, the parties agree to work in good faith to prepare a new dated and revised Exhibit “A”to thereafter become a part of this Agreement. To become effective, the revised exhibit must be executed by both parties through their authorized representatives. No other formal amendment to this Agreement will be required for the revised exhibit to become effective. Article III - Access 1. For the purposes of this Agreement, MTS shall not be required to obtain a permit for routine maintenance work within the City right-of-way. Article IV - Non-Interruption of Use or Operation of Facilities 1. MTS agrees and covenants not to permanently interrupt the use or operation of the City’s facilities covered by this Agreement. 2. MTS agrees and covenants that any temporary interference by MTS with the use or operation of the City’s facilities shall be made only with the City’s prior written consent. MTS specifically agrees, except as provided in Article V, section 5, that during any temporary interference, it will neither cause any lane of the City’s roadways to be closed for the entire length of such roads, nor to cause the flow of traffic to be reduced to less than one lane, each direction, on such the roads. 3. MTS agrees and covenants to work in good faith with the City to permit such temporary interference, and the City shall not unreasonably withhold its consent to such interference. 2019-01-08 Agenda Packet Page 153 4 4. Notwithstanding any contrary provision in Article V, in the event of damage caused by an act of God, War, or other casualty, or damage caused under circumstances where it would be impractical or impossible for one party to notify the other party of the necessity for temporary interference with the other party’s facilities, the party creating the temporary interference may, without notice, make emergency repairs to restore its service. The party creating the temporary interference shall, however, take reasonable and prudent measures to protect the facilities of the other party and minimize such interference, and as soon as practically possible, notify the other party of such emergency repairs. If permanent repairs are required after such emergency repairs have been made, reasonable notice shall be given to the other party. Article V - Indemnity 1. MTS shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees from and against all claims for damages, liabilities, costs, and expenses (including without limitation attorneys’ fees) arising out of or alleged by third parties to be the result of the negligent acts, errors, or omissions or the willful misconduct of MTS or MTS’s employees, subcontractors or other persons, agencies, or firms for whom MTS is legally responsible in connection with the performance or existence of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys’ fees) arising from the sole negligence or sole willful misconduct of the City. MTS’ obligations under this Section include but are not limited to indemnification and defense for all liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts, errors, or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts, errors, or omissions of MTS, its employees, agents, or officers, or any third party. MTS’s indemnification shall include any and all costs, expenses, attorneys’ fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. MTS’s obligations under this Section shall not be limited by any prior or subsequent declaration by MTS. MTS’s obligations under this section shall survive the termination of this Agreement. Article VI – Standard of Care 1. All work performed by either party or its representatives shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations and in compliance with the most recent edition of the Standard Specifications for Public Works Construction and San Diego Regional Supplement (Greenbook). To the extent that all or a portion of a party’s facilities is damaged by the other party, the party causing the damage shall repair and/or replace other party’s facilities. The repair and/or replacement shall meet the standards of the facility owner’s jurisdiction and be subject to the review and approval of the appropriate representative, generally the City or County Engineer, as the case may be. Each party shall bear its own costs, expenses, and losses. Article VII – Insurance 2019-01-08 Agenda Packet Page 154 5 MTS and its contractors shall maintain in force, during the term of this Agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the City, its officers, agents and employees as additional insured in an amount of $1 million per person and $2 million in aggregate. Coverage shall be evidenced by a Certificate of Insurance/Endorsement in a form satisfactory to the City that shall be delivered to the City with a signed copy of this Agreement. MTS maintains a program of self-insurance for its Commercial General Liability exposures. Claims are processed and administered in accordance with the California Government Code. MTS’s utilization of self-insurance shall not in any way limit liabilities assumed under this Agreement. In addition, MTS shall require and ensure that all contractors retained by the MTS to perform work on the Project or work on improvements identified in Article I of this Agreement (“MTS Contractors”) meet the insurance requirements. Article VIII – Termination Either party may terminate this Agreement by providing written notice to the other party. Termination shall become effective 90 days after notice is received, unless a later date is specified in the notice. Article IX – Miscellaneous 1. Effective Date. The Agreement shall take effect upon full execution of the Agreement, as of the Effective Date stated on page 1 of the Agreement. 2. Duty To Third Parties Nothing within the provisions of this Agreement is intended to create rights in third parties not parties to this Agreement or to affect the legal liability of a Party as to a third party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 3. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified below. To City: William S. Valle City of Chula Vista 2019-01-08 Agenda Packet Page 155 6 City Engineer 276 Fourth Avenue Chula Vista California 91910 With a copy to: Glen R. Googins City of Chula Vista City Attorney 276 Fourth Avenue Chula Vista California 91910 To MTS: Timothy E. Allison San Diego Metropolitan Transit System Manager of Real Estate Assets 1255 Imperial Avenue, Suite 1000 San Diego, California 92101-7490 2. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the Parties relating to the subject matter hereof. This Agreement supersedes any and all other agreements, either oral or written with respect to the subject matter contained herein. 3. Capacity of Parties. Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 4. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, which shall also be deemed to be the sole and proper venue for any action or proceeding relating to this Agreement. 5. Modification. No amendment, modification, waiver, or discharge of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 2019-01-08 Agenda Packet Page 156 7 6. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 7. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein. 8. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 9. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the Parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either Party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 10. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an effect upon persons not Parties hereto, the Parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a Party to this Agreement. [Remainder of page intentionally left blank] 2019-01-08 Agenda Packet Page 157 8 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT SYSTEM BY_______________________________ BY ________________________________ Mary Casillas Salas, Mayor Paul Jablonski, Chief Executive Officer ATTEST: BY_______________________________ Kerry Bigelow, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: BY_______________________________ BY_____________________________ Glen R. Googins, City Attorney Karen Landers, General Counsel 2019-01-08 Agenda Packet Page 158 2019-01-08 Agenda Packet Page 159 P a g e | 1 January 8, 2019 File ID: 18-0512 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES BETWEEN THE CITY AND AYRES-MILLENIA, LP FOR $903,555 IN FEES IN CONNECTION WITH A 135-ROOM HOTEL PROJECT AT 1710 MILLENIA AVENUE RECOMMENDED ACTION Council adopt the resolution. SUMMARY Ayres-Millenia, LP is developing a 135-room hotel located in Millenia. Once operational, the hotel will generate significant positive community impacts by creating jobs, generating Transient Occupancy Taxes to the City, and providing visitor accommodations and amenities. In order to make the project financially feasible, staff is recommending an agreement to defer payment of Transportation Development Impact Fees totaling approximately $903,555.00 for a period of up to forty-eight (48) months. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION Staff recommends entering into a development impact fee deferral agreement with Ayres-Millenia, LP for the development of a 135-room hotel project at 1710 Millenia Avenue. The developer has pursued and secured financing to commence and complete the project but requires assistance in the form of a development impact fee deferral to make the project fiscally feasible. The project is anticipated to create 30 fulltime and 10 part-time jobs and to generate approximately $150,000.00 in Transient Occupancy Tax (TOT) revenues to the City on an annual basis. In addition to 2019-01-08 Agenda Packet Page 160 P a g e | 2 these direct economic impacts, the project will result in approximately 200 daily visitors staying overnight and patronizing other local businesses. Finally, the project will provide much needed visitor accommodations and amenities in the eastern territory. The proposed agreement defers the Transportation Development Impact Fees (TDIF) for the project, in accordance with the following terms: City agrees to defer collection of TDIF fees due for the project for a period of up to forty-eight (48) months from the date of issuance of the certificate of occupancy for the project (the “Effective Date”). Final determination of TDIF fees, per Chula Vista Municipal Code (CVMC) Section 3.54.160.F. will be the lesser of: (i) $903,555.00 assessed at time of deferral agreement execution; or (ii) based on a traffic study and rates in effect within the fourth year of operation. The deferred fees will accrue interest at a rate of 3.5% per annum from the Effective Date. Lump sum payment of the deferred fees and the interest thereon will be due forty-eight months from the Effective Date. The Developer agrees to record a Trust Deed to secure repayment of the impact fee deferral. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The deferral agreement supports the Economic Vitality goal as it seeks to lower economic barriers to new growth. CURRENT-YEAR FISCAL IMPACT All costs associated with preparation of the agreement are funded by the respective fee programs, resulting in no net impact to the General Fund or Development Services Fund in conjunction with this action. ONGOING FISCAL IMPACT Approval of the proposed agreement defers impact fee revenues of $903,555.00 that would have otherwise been collected by staff in accordance with the TDIF at issuance of a certificate of occupancy for the project. In order to mitigate future construction cost increases and lost investment earnings, the deferred impact fees will accrue interest charges at a rate of 3.5% per year, beginning with the issuance of the certificate of occupancy for the project. 2019-01-08 Agenda Packet Page 161 P a g e | 3 ATTACHMENTS 1. Agreement with Ayres-Millenia, LP Staff Contact: Stacey Kurz, Development Services Department 2019-01-08 Agenda Packet Page 162 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES BETWEEN THE CITY AND AYRES-MILLENIA, LP FOR $903,555 IN FEES IN CONNECTION WITH A 135-ROOM HOTEL PROJECT AT 1710 MILLENIA AVENUE WHEREAS, development of hotels in eastern Chula Vista has been a challenge for investors and developers due to the high cost of development and construction; and WHEREAS, Ayres-Millenia, LP has secured financing to develop a 135-room hotel project at 1710 Millenia Avenue (the “Project”) but requires the deferral of certain development impact fees to a future point of stabilized operations in order for the project to be fiscally feasible; and WHEREAS, the proposed Project will be of public benefit by providing new, highly amenitized visitor accommodations, creating jobs, and generating Transient Occupancy Tax revenues to the City; and WHEREAS, the proposed Agreement for Deferral of Development Impact Fees (Agreement) provides necessary financial assistance by allowing for the deferral of Transportation Development Impact Fees (TDIF), with a total deferral amount of $903,555.00; and WHEREAS, in accordance with Chula Vista Municipal Code Section 3.54.160.F., adopted October 2, 2018 by Ordinance 3440, a final determination of TDIF fees to be imposed on the Project will be based on a traffic study to be conducted within the fourth year of Project operation; and WHEREAS, the terms of the Agreement include interest accrual at a fair market rate of three and one half percent (3.5%) per annum, with the principal and all interest accrued thereon, due and payable forty-eight (48) months from the issuance of the Certificate of Occupancy for the Project, with repayment secured by a Deed of Trust recorded against the property/Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Agreement for Deferral of Development Impact Fees, between the City and Ayres-Millenia, LP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk,and authorizes and directs the Mayor to execute the same. Presented by:Approved as to form by: ________________________________________________ Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2019-01-08 Agenda Packet Page 163 1 RECORDING REQUESTED BY: City of Chula Vista AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: City of Chula Vista – City Clerk 276 Fourth Avenue Chula Vista, CA 91910 WITH COPY TO: Ayres-Millenia L.P. Attn: Bruce D’Eliscu 355 Bristol, Suite A Costa Mesa, CA 92626 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY APN: 643-060-70-00 AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES This AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES (“Agreement”), is made and entered into as of , _______, by and between the City of Chula Vista, a chartered municipal corporation (the “City”), and Ayres-Millenia L.P., a California limited partnership (“Developer” or “Borrower” and collectively with the City, the “Parties”), with reference to the below Recitals. RECITALS A. Developer (and/or its affiliates) owns, in fee simple, the real property generally known as 1710 Millenia Avenue, Chula Vista, California, 91915, as described in the attached Exhibit “A,” which is incorporated herein (the “Property”). B. The City has received an application from Developer related to the proposed development of a 135-room hotel project on the Property (the “Project”). C. The Project will further the desired objectives and goals of the City to facilitate development of a hotel within the eastern portion of the City thereby offering a significant benefit to the public within the surrounding area. D. As authorized by California Government Code section 66000, et seq., the City imposes development impact fees in connection with the approval of a development project for 2019-01-08 Agenda Packet Page 164 2 the purpose of defraying all or a portion of the cost of public facilities related to the development project. E. It is anticipated that the Project will impact the public facilities of the City, and the Parties wish to ensure that the burdens of the Project and required impact fees correspond proportionately to the impact on the City. F. Developer has pursued numerous financing sources to finance the Project, and has obtained the requisite financing to commence and complete the Project, but requires assistance from the City to defray the development costs to make the Project fiscally feasible. G. The City conditions of approval of the Project, inter alia, on the payment by Developer of the Transportation Development Impact Fee pursuant to Chula Vista Municipal Code section 3.54, et seq. (the “Impact Fees”). H. Developer has requested and the City agrees to defer the Impact Fees, estimated to be Nine Hundred Three Thousand Five Hundred Fifty Five dollars ($903,555.00), as provided in this Agreement and assessed as further described in Section 2 below. AGREEMENT NOW THEREFORE, in consideration of the above Recitals and for good and valuable consideration the receipt and sufficiency of which the Parties hereby acknowledge, Developer and the City agree as follows: 1. Acknowledgments. The Parties hereby certify that the above Recitals are true and correct, which are incorporated herein by this reference. 2. Terms of Payment. Developer will pay the Impact Fees in the sum of Nine Hundred Three Thousand Five Hundred Fifty Five dollars ($903,555.00). Developer’s obligation to make such payment shall be evidenced by a promissory note (“Note”) executed by Developer in favor of the City, in the form attached hereto as Exhibit “B.” 2.1. Developer shall execute and deliver the Note to the City concurrently with its execution of this Agreement. 2.2. Full satisfaction of the Impact Fees shall be deferred for forty-eight (48) months (the “Deferral Period”) from the date of the issuance of a temporary or final Certificate of Occupancy (the “Certificate of Occupancy”), whichever occurs first, for the Project (“Effective Date”). 2019-01-08 Agenda Packet Page 165 3 2.3 The principal sum consists of the estimated Transportation Development Impact Fee (“TDIF”). Final determination of the TDIF Fees will be based on a traffic study that the Borrower shall pay for, have prepared, and submitted for approval to the City’s Director of Development Services after the Project has stabilized, but no later than the fourth year from the date of the issuance of the Certificate of Occupancy. Developer hereby agrees that final TDIF Fees shall be the lesser of: (i) the trip generation determined in the traffic study and the rates in effect at the time of payment (ii) or Nine Hundred Three Thousand Five Hundred Fifty Five dollars ($903,555.00), the fees assessed at time of Agreement execution, which shall also bear interest at the rate of three and one-half percent (3.50%) per annum. Failure to submit such traffic study and obtain the City’s approval prior to the expiration of the Maturity Date shall result in the entire principal sum as assessed herein being imposed and become immediately due and payable. 2.4 Reserved. 2.5. Interest shall begin to accrue as of the Effective Date. 2.6. The outstanding balance shall become immediately due and payable if Developer transfers the Project and/or Property to any other party without the reasonable advance written notice to the City and together with documentation satisfactory to the City Manager or designee showing that the other party (the “Transferee”) is fully assuming all obligations of the Developer with regards to the Project including the obligation to pay the outstanding balance of the deferred fees as provided herein, including, without limitation, the provision of appropriate security acceptable to the City as evidenced in writing by the Transferee. Developer shall notify the City in writing thirty (30) calendar days prior to transferring the Project and/or Property to the Transferee evidencing that the Transferee will assume all obligations of the Developer with regards to the Project including the obligation to pay the outstanding balance of the deferred fees pursuant to this section. 2.7. Developer may prepay the outstanding balance of the Note in whole or in part at any time without penalty. 3. Security. The Note representing the obligation to pay the Impact Fees shall be secured by a deed of trust recorded against the Property (“Trust Deed”), in the form attached hereto as Exhibit “C.” The Trust Deed shall be subordinate to any and all deeds of trust and mortgages executed by trustor securing financing for the acquisition and improvement (including both construction and permanent financing) of the Property and the Project. Initially, the Trust Deed shall be subordinate to a deed of trust executed by Developer in favor of Ayres Legacy Holdings, as Beneficiary, securing a construction loan for the Project. Developer intends to replace that construction loan with permanent financing, the deed of trust and mortgage for which will be senior in priority to the Trust Deed. City shall, at Developer’s request, execute one 2019-01-08 Agenda Packet Page 166 4 or more subordination agreements in commercial reasonable form provided by Developer’s current and future lender(s). Developer agrees to pay thirty five percent (35%) or three hundred sixteen thousand two hundred forty-four dollars and twenty-five cents ($316,244.25) of the principal sum defined in Section 2.3 at Certificate of Occupancy. 4. Development of the Project. This Agreement does not obligate Developer to commit to or agree to undertake any disposition or use of the Property nor does it commit Developer to pursue government approvals for the development of the Property. Developer shall have no obligations or liabilities under this Agreement, the Note and the Trust Deed, and each shall be deemed rescinded and reconveyed as appropriate, if Developer provides notice to the City of its abandonment of the Project at any time prior to issuance of a Certificate of Occupancy. 5. Reserved. 6 Remedies. In order to enforce Developer’s obligations under the terms of this Agreement or the Note, the City shall be entitled to pursue any and all remedies provided at law or in equity, including, without limitation, any and all remedies provided under the Note and Trust Deed. Without limiting the generality of the foregoing, in the event of a default by Developer of its obligations hereunder, after reasonable notice and opportunity to cure such default, the City shall have the right to accelerate the debt owed under the Note and pursue collection of the Impact Fee directly from Developer. All such remedies shall be cumulative and non-exclusive. Notwithstanding the foregoing, Developer shall have no further obligations or liabilities under this Agreement and the Note upon an assignment or transfer of the Project consented to by the City. 7. Indemnification. To the maximum extent allowed by law, Developer shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents, volunteers, and employees (collectively the “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney’s fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Developer, its officials, officers, employees, agents, contractors, and subcontractors arising out of or in connection with this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the negligence or willful misconduct of the Indemnified Parties. 8. Reserved. 9. Agreement Runs with the Land. The burden of the covenants contained in this Agreement is for the benefit of the Property and the City, its successors and assigns and any 2019-01-08 Agenda Packet Page 167 5 successor in interest and thereby run with the land. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community. This Agreement shall be released from the Property when all deferred fees are paid in full. Upon the request of Developer or its successors in interest, City shall execute an appropriate document for recording evidencing such release. 10. Miscellaneous Provisions. 10.1. Authority. Each of the signatories to this Agreement warrants and represents that he or she is competent and authorized to enter this Agreement on behalf of the Party for whom he or she purports to sign. 10.2. Notices. Any and all notices or other communications made pursuant to this Agreement shall be given in writing and delivered by Federal Express and email, which shall be addressed as follows: If to City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager’s Office ghalbert@chulavistaca.gov With a copy to: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney’s Office ggoogins@chulavistaca.gov If to Developer: Ayres-Millenia L.P. Attn: Bruce D’Eliscu 355 Bristol, Suite A Costa Mesa, CA 92626 bdeliscu@ayresgroup.net Notices shall be deemed delivered upon receipt by personal service or as of the second (2nd) business day after deposit with Federal Express. 10.3. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 2019-01-08 Agenda Packet Page 168 6 10.4. Allocation of Legal Expenses. Each Party shall bear its own costs relative to any costs or expenses incurred in compliance with, or in the drafting or negotiation of, and the approval process, of this Agreement. 10.5. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect and are intended to be replaced in total by this Agreement. Each Party warrants and represents that no representative of any other Party has made any oral representation or oral agreements not contained in this Agreement. Each party further warrants and represents that it has not relied upon any oral statements or promises made by any representatives of any other Party to this Agreement in executing this Agreement. 10.6. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a Party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both Parties participated equally in the preparation and/or drafting of this Agreement. 10.7. Reserved. 10.8. Governing Law. This Agreement shall be subject to and governed by the laws of the State of California, without regard to conflict of law rules. 10.9. Severability. In the event that any provision of this Agreement is declared by any court of competent jurisdiction or any administrative judge to be void or otherwise invalid, all of the other terms, conditions and provisions of this Agreement shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in the Agreement and in such form, the remainder of the Agreement shall continue to be binding upon the Parties. 10.10. Counterparts. This Agreement may be signed and executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or email shall be effective as delivery of an originally executed counterpart of this Agreement. 10.11. Time of the Essence. Time is of the essence in the performances of the Parties’ obligations contained herein. 2019-01-08 Agenda Packet Page 169 7 10.12. Waiver. A failure of a Party to enforce strictly a provision of this Agreement shall in no event be considered a waiver of any Party of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. 10.13. Further Acts. In addition to the acts recited in this Agreement, the Parties agree to perform, or cause to be performed on the date of this Agreement, or thereafter, any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. Each of the Parties agrees that it will execute and deliver all such documents and instruments as may be necessary and appropriate to effectuate the terms of this Agreement. [SIGNATURE PAGE TO FOLLOW] 2019-01-08 Agenda Packet Page 170 8 IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the date first written above. AYRES-MILLENIA L.P. a California Limited Partnership By: ______________________________ Name: Bruce D’Eliscu* Title: President CITY OF CHULA VISTA a chartered municipal corporation By: ______________________________ Name: ______________________________ Title: ______________________________ ATTEST: By: ______________________________ Name: ______________________________ Title: City Clerk APPROVED AS TO FORM: By: ______________________________ Name: ______________________________ Title: City Attorney * Corporate Authority required for Signatory J:\Attorney\MichaelSh\EUC-Millenia-Ayres Hotel\FeeDeferral\Agreements\AyresMillenia-TDIF-DeferralAgrmt-12.31.18-Final.docx 2019-01-08 Agenda Packet Page 171 1 AyresMillenia-TDIF-DeferralAgrmt-PromissoryNote-12.31.18-Final EXHIBIT B – NOTE PROMISSORY NOTE SECURED BY DEED OF TRUST The undersigned, Ayres-Millenia L.P., a California limited partnership (“Borrower”), promises to pay to the City of Chula Vista, a chartered municipal corporation (“Lender”), the principal sum of Nine Hundred Three Thousand Five Hundred Fifty Five dollars ($903,555.00), subject to reduction in accordance with Section 1 below, together with interest on the unpaid principal balance at an annual rate of three and one-half percent (3.5%), with all interest due and payable forty-eight (48) months from the date of the issuance of a temporary or final Certificate of Occupancy (the “Certificate of Occupancy”), whichever occurs first (the “Maturity Date”), as defined, described, and set forth in that certain Agreement for Deferral of Development Fees between Borrower and Lender (the “Deferral Agreement”), the terms of which are incorporated herein by this reference. This promissory note (“Note”) shall be subject to the following additional provisions: 1. Fee Determination: The principal sum consists of the estimated Transportation Development Impact Fee (“TDIF”). Final determination of the TDIF Fees will be based on a traffic study that the Borrower shall pay for, have prepared, and submitted for approval to the City’s Director of Development Services after the Project has stabilized, but no later than the fourth year from the date of the issuance of the Certificate of Occupancy. Final TDIF Fees shall be the lesser of: (i) the trip generation determined in the traffic study and the rates in effect at the time of payment (ii) or Nine Hundred Three Thousand Five Hundred Fifty Five dollars ($903,555.00), the fees assessed at time of Deferral Agreement execution, which shall also bear interest at the rate of three and one- half percent (3.5%) per annum. Failure to submit such traffic study and obtain the City’s approval prior to the expiration of the Maturity Date shall result in the entire principal sum as assessed above being imposed and become immediately due and payable. 2. Payment Schedule: Payment hereunder shall consist of principal and accrued interest, if any, payable in full as of the Maturity Date. 3. Interest: Interest on the unpaid balance shall begin to accrue on the date of the issuance of the Certificate of Occupancy for the Project, at an annual rate of two percent (2%), as defined in the Deferral Agreement. 4. Security: This Note is secured by a Deed of Trust of even date herewith, made by Borrower, as trustor, for the benefit of Lender, as beneficiary (the “Deed of Trust”), covering certain real property, as therein described. The Trust Deed shall be subordinate to any and all deeds of trust and mortgages executed by trustor securing financing for the 2019-01-08 Agenda Packet Page 172 2 AyresMillenia-TDIF-DeferralAgrmt-PromissoryNote-12.31.18-Final acquisition and improvement (including both construction and permanent financing) of the property. 5. Prepayment: This Note may be prepaid, at any time, in whole or in part, without premium or penalty, as long as any principal prepayment is accompanied by a payment of interest accrued to the date of prepayment of the amount prepaid. 6. Default: The occurrence of any of the following events shall constitute an “Event of Default” hereunder: (a) Borrower’s failure to pay any sum due under this Note when it becomes due and payable, (b) the occurrence of a default under the Deed of Trust and the Deferral Agreement, or (c) any breach of any other promise or obligation in this Note or in any other instrument now or after this date securing the indebtedness evidenced in this Note. During an Event of Default, and after written notice has been given therefor and such Event of Default remains uncured for 21 days after delivery of notice, Lender may, at its option, declare this Note (including, without limitation, all accrued interest) to be immediately due and payable, regardless of the Maturity Date. 7. Costs of Collection: If this Note is not paid when due, whether on the Maturity Date or on acceleration of this Note, Borrower promises to pay all collection costs, including, but not limited to, reasonable attorney fees and court costs, whether or not suit is filed on this Note. 8. Waiver of Presentment: Borrower and all persons liable or to become liable on this Note waive presentment, protest, and demand; notice of protest, demand, and dishonor; and any and all other notices or matters of a like nature. 9. Default Rate of Interest: During an Event of Default, the unpaid payment(s) causing such Event of Default shall bear interest at an annual rate equal to the lesser of (a) five percent (5%) or (b) the maximum interest rate allowed by law until such sum is paid in full. 10. Governing Law: This Note shall be governed by and construed in accordance with the laws of the State of California. 11. Usury. All agreements between Borrower and Lender are expressly limited, so that in no event or contingency, whether because of the advancement of the proceeds of this Note, acceleration of maturity of the unpaid principal balance, or otherwise, shall the amount paid or agreed to be paid to Lender for the use, forbearance, or retention of the money to be advanced under this Note exceed the highest lawful rate permissible under applicable usury laws. If, under any circumstances, fulfillment of the provisions of this Note or the Deed of Trust securing this Note or any other agreement pertaining to this Notice, after timely performance of such provisions is due, shall involve exceeding the limit of validity 2019-01-08 Agenda Packet Page 173 3 AyresMillenia-TDIF-DeferralAgrmt-PromissoryNote-12.31.18-Final prescribed by law that a court of competent jurisdiction deems applicable, then ipso facto, the obligations to be fulfilled shall be reduced to the limit of such validity. If, under any circumstances, Lender shall receive as interest an amount that exceeds the highest lawful rate, the amount that would be excessive interest shall be applied to reduce the unpaid principal balance under this Note and not to pay interest, or, if such excessive interest exceeds the unpaid principal balance under this Note, such excess shall be refunded to Borrower. This provision shall control every other provision of all agreements between Borrower and Lender. 12. Time is of the Essence: Time is of the essence with respect to all obligations of Borrower under this Note. [SIGNATURE PAGE TO FOLLOW] 2019-01-08 Agenda Packet Page 174 4 AyresMillenia-TDIF-DeferralAgrmt-PromissoryNote-12.31.18-Final IN WITNESS WHEREOF, Borrower has executed this Promissory Note Secured by Deed of Trust as of the date written below. Date: Borrower: AYRES-MILLENIA L.P., a California limited partnership By: Name: Bruce D’Eliscu Title: President J:\Attorney\MichaelSh\EUC-Millenia-Ayres Hotel\FeeDeferral\Agreements\AyresMillenia-TDIF-DeferralAgrmt-PromissoryNote-12.31.18-Final.docx 2019-01-08 Agenda Packet Page 175 1 EXHIBIT C – TRUST DEED RECORDING REQUESTED BY: City of Chula Vista AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: City of Chula Vista – City Clerk 276 Fourth Avenue Chula Vista, CA 91910 WITH COPY TO: Ayres-Millenia L.P. Attn: Bruce D’Eliscu 355 Bristol, Suite A Costa Mesa, CA 92626 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY APN: 643-060-70-00 DEED OF TRUST This Deed of Trust (this “Deed”) is made as of this _______ day of ____________, ________, between Ayres-Millenia L.P., a California limited partnership, herein called “Trustor”, who address is 355 Bristol Street, #A, Costa Mesa, CA 92626, First American Title Insurance Company, a California corporation herein called “Trustee”, and the City of Chula Vista, a chartered municipal corporation, herein called “Beneficiary.” THIS DEED OF TRUST IS AND SHALL BE SUBORDINATE TO ANY AND ALL DEEDS OF TRUST AND MORTGAGES EXECUTED BY TRUSTOR SECURING FINANCING FOR THE ACQUISITION AND IMPROVEMENT (INCLUDING BOTH CONSTRUCTION AND PERMANENT FINANCING) OF THE PROPERTY AND THE PROJECT. This Deed of Trust is and shall be subordinate to a deed of trust executed by Trustor in favor of Ayres Legacy Holdings, as Beneficiary, securing a construction loan for the Project. Trustor intends to replace that construction loan with permanent financing, the deed of trust and mortgage for which will be senior in priority to this Deed of Trust. TRUSTOR IRREVOCABLY GRANTS, TRANSFERS, AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that certain real property in San Diego County, California, (the “Property”) having assessor’s parcel number 643-060-70-00, and more particularly described in Exhibit A, attached hereto and by this reference incorporated herein. 2019-01-08 Agenda Packet Page 176 2 THIS DEED IS MADE FOR THE PURPOSE OF SECURING: A. Performance of each obligation, covenant and agreement of Trustor herein contained; and B. Payment of the indebtedness evidenced in one promissory note of even date herewith, and any extension and renewal thereof, in the principal sum of Nine Hundred Three Thousand Five Hundred Fifty Five dollars ($903,555.00) (the “Note”), subject to reduction as set forth in Section 1 of the Note, executed by Trustor as “Borrower,” in favor of Beneficiary or order. TO PROTECT THE SECURITY OF THIS DEED, TRUSTOR AGREES: 1. To keep the Property in good condition and repair; not to remove or demolish any building, thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor (reserving the right to contest disputed claims); to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon, not to commit or permit waste thereof; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general. 2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary subordinate to the rights of the beneficiaries and mortgagees of any and all deeds of trust and mortgages executed by trustor securing financing for the acquisition and improvement of the property. The amount collected under any fire other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney’s fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. 4. To pay: before delinquency all taxes and assessments affecting the propert y, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on the property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. 2019-01-08 Agenda Packet Page 177 3 Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do, without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon the property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgement of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay such reasonable fees. 5. To pay immediately and upon demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. 6. That any award of damages in connection with any condemnation for public use of or injury to the property or any part thereof is hereby assigned and shall be paid to Beneficiary, subordinate to the rights of the beneficiaries and mortgagees of any and all deeds of trust and mortgages executed by trustor securing financing for the acquisition and improvement of the property, who may apply or release such monies received by it in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 7. That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 8. That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of the property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. 9. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof 2019-01-08 Agenda Packet Page 178 4 of the truthfulness thereof. The grantee in such reconveyance may be described as the “the person or persons legally entitled thereto.” Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them). 10. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, after reasonable notice and opportunity to cure such default, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause the Property to be sold, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall delivery to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled hereto. 11. Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of each successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. 2019-01-08 Agenda Packet Page 179 5 12. That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. 13. That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. 14. This Deed shall be governed by and construed in accordance with the laws of the State of California. 15. In any action or proceeding brought by either Trustor or Beneficiary seeking to enforce the provisions of this Deed, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs in addition to any other costs, damages, or remedies. 16. In the event that any provision of this Deed is declared by any court of competent jurisdiction or any administrative judge to be void or otherwise invalid, all of the other terms, conditions and provisions of this Deed shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in this Deed and in such form, the remainder of this Deed shall continue to be binding upon Trustor and Beneficiary. IN WITNESS WHEREOF, Trustor has caused this Deed to be executed as of the day and year first written above. TRUSTOR: AYRES-MILLENIA L.P., a California limited partnership By: Name: Bruce D’Eliscu Title: President J:\Attorney\MichaelSh\EUC-Millenia-Ayres Hotel\FeeDeferral\Agreements\AyresMillenia-TDIF-DeferralAgrmt-TrustDeed-12.31.18-Final.docx 2019-01-08 Agenda Packet Page 180 6 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On , 2019 before me, , Notary Public, personally appeared Bruce D’Eliscu, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2019-01-08 Agenda Packet Page 181 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain real property located in the City of Chula Vista, County of San Diego, State of California and more particularly described as follows: LOT 20 OF CHULA VISTA TRACT NO. 09-03 OTAY RANCH MILLENIA (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 24, 2015. 2019-01-08 Agenda Packet Page 182 P a g e | 1 January 8, 2019 File ID: 18-0598 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING DESIGN STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN THE CITY’S RIGHT-OF-WAY RECOMMENDED ACTION Council adopt the resolution. SUMMARY The growth in personal wireless services coupled with consumers needs for more data capacity and faster speeds have created an increased demand for new wireless antennas and equipment. Existing 3 and 4 Generation (G) wireless technology was primarily deployed using macro cell sites installed on large cell towers. These macro sites allow for a greater coverage area, but have limited capacity. Increased usage of cellular data functions has subsequently increased the demand for greater capacity on cellular networks. To provide higher bandwidth signals and extend coverage for more users, the next phase of cellular technology, 5G, will use a small cell concept. These small cell deployments are significantly smaller than the previously built macro cell sites and have a more limited range by serving only users within the immediate proximity. As a result, the telecommunications industry is planning for a far greater density of small cell sites. Wireless service providers are proposing to install small cell equipment in outdoor applications on City- owned poles and City-owned street lights located in City Right-of-Way to provide faster data coverage and capacity for mobile phones and other cellular devices. To facilitate the installation of this technology and maintain acceptable aesthetics of the City’s streetscape, City staff is proposing the provisions within the attached resolution to regulate the design standards for small cell sites and to preserve and maintain local control over these telecommunications facilities. Per a recent Federal Communications Commission (FCC) ruling, aesthetic regulations imposed by a municipality are permissible providing that they are reasonable, no more burdensome than those applied to other types of infrastructure deployments and are published in advance. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not required at this time, once the scope of 2019-01-08 Agenda Packet Page 183 P a g e | 2 potential project(s) has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Wireless telecommunications facilities are regulated by federal, state and local laws. Over the last few decades, legislation at the federal and state levels have been proposed and implemented to strip municipalities of their local zoning and permitting authority regarding the regulation of telecommunications facilities. A brief overview of the most notable acts and their implications is provided below. Telecommunications Act Federal law significantly limits the city’s ability to regulate telecommunication facilities. Under the Telecommunications Act of 1996, a city cannot prohibit the provision of wireless service or unreasonably discriminate among wireless service providers. Also, under federal law, the city may not regulate the placement, construction or modification of wireless communications facilities on the basis of radio frequency emissions, so long as the facilities comply with the FCC regulations concerning such emissions. Despite federal limitations, cities historically have retained the ability to regulate the aesthetic of wireless facilities, including factors such as height and property line setbacks. However, federal law developments continue to erode that ability thereby reducing local control. The Spectrum Act In 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act (The Spectrum Act of 2012). The Spectrum Act was intended to facilitate the telecommunication industry’s rapid deployment of 3G and 4G wireless infrastructure by requiring local governments to approve any application that sought to modify an existing wireless telecommunication facility that does not “substantially change” the existing facility. The Spectrum Act itself contains no specific definitions, but in 2015, the FCC promulgated regulations containing definitions, processing requirements, timelines and remedies for applications that seek to modify an existing wireless telecommunication facility in accordance with the Spectrum Act. These FCC rules are binding on local governments. Most significantly for cities, the federal regulations established very short permit processing timelines, referred to as “shot clocks,” of 60, 90 and 150 days depending on the type of facility. September 26, 2018 FCC Ruling On September 26, 2018, the FCC issued a ruling designed to further promote the expeditious deployment of small cell sites in the public ROW. This ruling was initially scheduled to take effect on January 14, 2019; however, that deadline was recently extended to April 15, 2019. The recent FCC ruling applies to all small wireless facilities defined as follows: Small wireless facility . . . is a facility that meets each of the following conditions: 2019-01-08 Agenda Packet Page 184 P a g e | 3 1. The structure on which antenna facilities are mounted— a. Is 50 feet or less in height, or b. Is no more than 10 percent taller than other adjacent structures, or c. Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and 2. Each antenna (excluding associated antenna equipment) is no more than three (3) cubic feet in volume; and 3. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and 4. The facility does not require antenna structure registration under part 17 of this chapter; 5. The facility is not located on Tribal lands; and 6. The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in federal law. The recent FCC ruling establishes the following new standards for small wireless facilities: •Broad interpretation of local prohibitions:The FCC order attempts to further limit the city’s ability to adopt a regulation that “materially limits or inhibits the ability of wireless carriers.” •Cost-based fees:The FCC ruled that cities are limited to charging fees that are no greater than a “reasonable approximation” of their costs for processing applications and for managing deployments in the right of way. The FCC established a presumptively lawful, nationwide fee schedule for small cell applications as follows: o $500 for a single up-front application that includes up to five (5) small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for non- recurring fees for a new pole to support one or more small wireless facilities; o $270 per small wireless facility per year for all recurring fees, including any possible ROW access fee or fee for attachment to city-owned poles in the ROW. •Aesthetic regulations:These are not preempted if they are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments and (3) published in advance. •Underground requirements:The FCC ruled that a requirement that all wireless facilities be deployed underground would amount to an effective prohibition and is thus not permitted. •Quid Pro Quo “in kind service”:The FCC discouraged situations where the city makes clear it will approve a deployment only on condition that the provider supply an “in-kind” service or public benefit, such as installing a communications network dedicated to city’s exclusive use. •Batched applications:Cities cannot prohibit batched applications (e.g., multiple street lights.) It is expected that the city will receive dozens of poles attachment requests in a single application. In addition, the recent FCC ruling established a new set of even more restrictive “shot clocks” applicable only to small wireless facilities. These shot clocks are: • Sixty (60) days for small cell wireless facility attachments to existing poles or structures; and • Ninety (90) days for small cell wireless facilities on new poles or structures. 2019-01-08 Agenda Packet Page 185 P a g e | 4 Because the ruling significantly encroaches on cities’ abilities to manage their own ROW, it is likely to be legally challenged. However, this ruling will continue to apply to cities unless and until a court issues an injunction against the ruling. Proposed Design Standards By Resolution of the City Council, staff is proposing adoption of design standards for small cell telecommunications facilities in the public Right-of-Way. The purpose of the proposed standards is to provide guidance and consistency in the design of wireless telecommunication facilities. It does not dictate specific requirements but illustrates the desired level of design quality and configuration for any proposed wireless telecommunication facility including factors such as location, material and color, and form and placement. The below standards are intended to be applicable for all poles including street light poles and power poles within the City’s Right-of-Way. Approval of deviations from the design standards shall require the applicant to demonstrate that the proposal is the least visually intrusive design and location feasible and is necessary to close gaps in coverage. Location: 1. Siting: Preferred location is within non-residential neighborhoods (500 feet away from residential zones). Should the location be within a residential neighborhood, reasonable efforts shall be made to ensure that the facility is not in direct view of residential living areas such as living rooms, bedrooms, etc. a. Within 500 feet of a residential zone, noise limit from any small cell facility shall be 5dBA above ambient sound, not to exceed 30 dBA as measured at the property line. Other federal, state or city noise regulations may apply. 2. Small cell facilities shall not be installed on electrical/electronic traffic control devices’ poles/hardware such as traffic signals, pedestrian hybrid beacons (formerly known as HAWK), Rectangular Rapid Flashing Beacons (RRFB), and flashing beacons. 3. All equipment located within the City’s ROW shall be located such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian or vehicular travel or interfere with the operation and maintenance of street lights, signage, street furniture, fire hydrants, other street appurtenances, or business district maintenance. 4. Provide appropriate clearance from existing utilities. Facility and Support Equipment: 5. Wireless facilities should be placed within an enclosure and concealed from view to the maximum extent possible. 6.Radiation certified to be at safe levels by a non-ionizing radiation electromagnetic radiation report (NIER) shall be submitted to the City and retained on file for equipment type and model. 7. NIER report shall be endorsed by a qualified professional. It shall specify minimum approach distances to the general public as well as electrical and communication workers that are not trained for working in an RF environment when accessing the pole by climbing, ladder or bucket. 8. A “disconnect” shall be provided for both the power and the cell signal that be easily accessed and operated by street lighting maintenance personnel. 2019-01-08 Agenda Packet Page 186 P a g e | 5 9. Wireless facilities should be designed, textured and painted to match existing pole to reduce visual clutter. 10. “ABC”: Antennas, brackets (mounting) and cabling should all have a uniform paint color and be painted to match the color of the equipment, including the fiber termination enclosure. Form and Placement: 11. Narrow Vertical Alignment: Consider the use of shrouds and equipment enclosures that are nearly the same diameter as the post at a ratio of approximately 1:1 such that it reads as one contiguous streamlined form from the street level. Avoid any tilted arrangement(s). 12. Antenna and Remote Radio Unit (RRU): a. Consider using antenna designs that provide robust coverage without appearing more distracting than necessary. Avoid placements that may impair light, air, or views from adjacent windows. b. Antennas should be generally cylindrical or rectangular in shape. c. Place antenna and RRUs within the shroud above the pole. RRUs attached to the side of the pole are discouraged; but if required, it shall use the smallest RRU volume possible and be stacked vertically and close together with minimal distance from the pole. d. Equipment should be secured by using steel/aluminum banding and not through bolting/drilling into pole. Drilling into an existing street light pole generally voids the pole’s warranty. e. The height of a wireless facility shall be the lesser of the minimum height needed for the operation or, for a pole that has a collocated facility, 50 feet not including the antenna height. f. Stack equipment close together and on the same side of the pole. If a long rectangular disconnect switch is used, rotate the enclosure so the elements can be stacked closer together on the pole. Avoid wide offsets (more than 4 inches) of equipment enclosure brackets from the pole. g. All equipment height shall be above the ground at least 8 feet. If the small cell equipment orients toward the street, the attachment shall be installed no less than 16 feet above the ground. 13. Wires and Cables: Wires and cables are to be contained within the shroud and placed inside the pole in order to reduce the appearance of cluttered or tangled cabling. Cabling and meters should be inside the pole to the maximum extent possible. When feasible, provider may use existing City conduit(s) between City pull box and City street light pole/other pole to install small cell facility wiring. 14. Signage and Lights: a. Signage and lights are limited to what may be required by the FAA or FCC. b. Use the smallest and lowest visibility signs, including the radio-frequency warning sticker required by government or electric utility regulations, and placed as close to the antenna as possible. c. Use equipment that does not feature flashing lights that may be visible to the public. 15. Electrical Meters: A separate meter must be provided for small cell facility. Electrical meters should be located on, within the pole or underground. In the case pole owner prohibits the use of a pole- 2019-01-08 Agenda Packet Page 187 P a g e | 6 mounted meter, and an above ground power meter box is required, then the meter box must be of the smallest footprint available and be approved by the City Engineer or designee. 16. Utility Box: Reasonable efforts must be made by provider to avoid the use of above ground utility boxes. If above ground utility boxes must be used, then they shall: a. Use the smallest footprint and not exceed 48-inches in height and 30-inches in width/depth. b. Be secured to a concrete pad or pole. c. Deviations from these standards must be approved by City Engineer or designee. 17. Pole Height: Overall height of the pole shall be similar to the surrounding poles and/or not exceed 35 feet in height. Ancillary Equipment: 18. Ensure plans and photo simulations accurately show smaller equipment items such as duplexers, ground buss bars, PBX or J-Boxes. Hide these elements in locations such as behind equipment enclosures or in mounting arms which feature recessed areas. New Stand-alone Utility Pole Design Standards: 19. The new pole must match the aesthetic of existing street light/poles adjacent to the new pole. 20.The pole shall be visually pleasing, meaning: a. Any transition between an equipment cabinet at the base of the pole and the upper pole should have a proper transition. b. The equipment cabinet at the base of the pole shall not be larger than 28 cubic feet in size. c. Upper pole shall be scaled to 0.5 to 0.75 the size of the cabinet but not larger than 10 inches at the widest portion. d. All hardware connections, including those between the cabinet and upper pole, shall be concealed from view. No horizontal flat spaces greater than 1.5 inches shall exist on the equipment cabinet to prevent placement of cups, trash, or other objects. Placement of New Stand-alone Utility Poles: 21. The placement of new stand-alone utility poles shall be in accordance with the below standards: a.New utility poles shall be at least 10 feet from the triangle extension of an alleyway flare. b. Shall not be located within 100 feet of the apron of a fire station or other adjacent emergency service facility. c. Shall not impede or obstruct usual pedestrian or vehicular travel d. Shall be located at intersecting property lines when possible. e. Shall be located on secondary streets, when possible. f. Shall be located at least 15 feet away from trees or outside of the drip line of the tree to prevent root disturbance. g. Shall be located at least 5 feet away from the widest point of a drive approach. h. Shall be located at least 50 feet from an existing electrical/electronic traffic control device. i. No physical, electrical, or radio interference by the small cell shall be permitted. ii. If required by the City, the provider will provide analysis that the proposed small cell shall not cause any interference with the City public safety radio system, 2019-01-08 Agenda Packet Page 188 P a g e | 7 electrical/electronic traffic control devices, emergency signal control devices, “smart city” applications, or other City communications or electronic components. i. When located adjacent to a commercial establishment, reasonable efforts should be made to ensure that the facility is not in direct view of businesses’ main entrance, picture windows or other large openings including, but not limited to sliding glass doors or openings that create an indoor-outdoor dining experience. Decorative Pole Placement: 22. Decorative poles, defined as a pole that is specially designed and placed for an aesthetic purpose, may be replaced by a wireless provider for the purpose of collocation if the replacement pole reasonably conforms to the design aesthetic of the displaced pole. 23. The design shall be approved by the City Engineer or designee. Photo Simulations: 24. Ensure that all photo simulations appear realistic with respect to cabling/conduit, the RF warning and node ID stickers, and equipment offset from the pole. Verify whether a GPS antenna is needed; as submittals often feature (macro-sized) GPS antennas on simulations when none are shown on plans or needed. 25. If the existing pole is leaning and slated for replacement, the simulation should show a new upright pole. 26. Ensure photo simulations accurately show the offset of equipment cabinets from the pole. Many simulations depict flush-mounted installations when the actual site features a significant offset from the pole. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The resolution supports the Economic Vitality Goal as the use of safe and secure access to data can help promote an environment for residents and businesses to prosper in. The goals of Strong and Secure Neighborhoods and Connected Community are also linked to this resolution as it will ensure the future installation of this technology will maintain acceptable aesthetics within the City’s streetscape. 2019-01-08 Agenda Packet Page 189 P a g e | 8 CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the City’s General Fund as a result of approving this resolution. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City’s General Fund as the competitive local exchange carriers will have the responsibility to construct, manage and maintain the small cell wireless facilities. ATTACHMENTS 1. Proposed Design Standards Staff Contact: Miranda Evans, Economic Development Specialist 2019-01-08 Agenda Packet Page 190 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING DESIGN STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN THE CITY’S RIGHT-OF-WAY WHEREAS, it is in the public interest for the City Council to adopt design standards for the deployment of small wireless facilities within the City’s Right-of-Way;and WHEREAS, the proposed design standards would provide greater direction and assure consistency in small wireless facility design and configuration within the City’s Right-of-Way; and WHEREAS, the proposed design standards would not increase impediments to the deployment of small wireless facilities under the Federal Telecommunications Act, but illustrate the desired level of design quality and configuration of any proposed small wireless facility within the City’s Right-of-Way; and WHEREAS, the design standards would be applicable for all small wireless facilities placed on poles, including street light poles and power poles, and other infrastructure within the City’s Right-of-Way; and WHEREAS, City staff has determined the proposed design standards to be reasonable and no more burdensome than those applied to other types of infrastructure deployments within the City; and WHEREAS, City staff will publish the design standards for public review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it adopts the design standards for small wireless facilities within the City’s Right-of-Way in the form presented. Presented by Approved as to form by Eric Crocket, Director Glen R. Googins Economic Development Department City Attorney 2019-01-08 Agenda Packet Page 191 Proposed Design Standards By Resolution of the City Council, staff is proposing adoption of design standards for small cell telecommunications facilities in the public right-of-way. The purpose of the proposed standards is to provide guidance and consistency in the design of wireless telecommunication facilities. It does not dictate specific requirements but illustrates the desired level of design quality and configuration for any proposed wireless telecommunication facility including factors such as location, material and color, and form and placement. The below standards are intended to be applicable for all poles including street light poles and power poles within the City’s Right-of-Way. Approval of deviations from the design standards shall require the applicant to demonstrate that the proposal is the least visually intrusive design and location feasible and is necessary to close gaps in coverage. Location: 1. Siting: Preferred location is within non-residential neighborhoods (500 feet away from residential zones). Should the location be within a residential neighborhood, reasonable efforts shall be made to ensure that the facility is not in direct view of residential living areas such as living rooms, bedrooms, etc. a. Within 500 feet of a residential zone, noise limit from any small cell facility shall be 5dBA above ambient sound, not to exceed 30 dBA as measured at the property line. Other federal, state or city noise regulations may apply. 2. Small cell facilities shall not be installed on electrical/electronic traffic control devices’ poles/hardware such as traffic signals, pedestrian hybrid beacons (formerly known as HAWK), Rectangular Rapid Flashing Beacons (RRFB), and flashing beacons. 3. All equipment located within the City’s ROW shall be located such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian or vehicular travel or interfere with the operation and maintenance of street lights, signage, street furniture, fire hydrants, other street appurtenances, or business district maintenance. 4. Provide appropriate clearance from existing utilities. Facility and Support Equipment: 5. Wireless facilities should be placed within an enclosure and concealed from view to the maximum extent possible. 6. Radiation certified to be at safe levels by a non-ionizing radiation electromagnetic radiation report (NIER) shall be submitted to the City and retained on file for equipment type and model. 7. NIER report shall be endorsed by a qualified professional. It shall specify minimum approach distances to the general public as well as electrical and communication workers that are not trained for working in an RF environment when accessing the pole by climbing, ladder or bucket. 8. A “disconnect” shall be provided for both the power and the cell signal that be easily accessed and operated by street lighting maintenance personnel. 9. Wireless facilities should be designed, textured and painted to match existing pole to reduce visual clutter. 2019-01-08 Agenda Packet Page 192 10. “ABC”: Antennas, brackets (mounting) and cabling should all have a uniform paint color and be painted to match the color of the equipment, including the fiber termination enclosure. Form and Placement: 11. Narrow Vertical Alignment: Consider the use of shrouds and equipment enclosures that are nearly the same diameter as the post at a ratio of approximately 1:1 such that it reads as one contiguous streamlined form from the street level. Avoid any tilted arrangement(s). 12. Antenna and Remote Radio Unit (RRU): a. Consider using antenna designs that provide robust coverage without appearing more distracting than necessary. Avoid placements that may impair light, air, or views from adjacent windows. b. Antennas should be generally cylindrical or rectangular in shape. c. Place antenna and RRUs within the shroud above the pole. RRUs attached to the side of the pole are discouraged; but if required, it shall use the smallest RRU volume possible and be stacked vertically and close together with minimal distance from the pole. d. Equipment should be secured by using steel/aluminum banding and not through bolting/drilling into pole. Drilling into an existing street light pole generally voids the pole’s warranty. e. The height of a wireless facility shall be the lesser of the minimum height needed for the operation or, for a pole that has a collocated facility, 50 feet not including the antenna height. f. Stack equipment close together and on the same side of the pole. If a long rectangular disconnect switch is used, rotate the enclosure so the elements can be stacked closer together on the pole. Avoid wide offsets (more than 4 inches) of equipment enclosure brackets from the pole. g. All equipment height shall be above the ground at least 8 feet. If the small cell equipment orients toward the street, the attachment shall be installed no less than 16 feet above the ground. 13. Wires and Cables: Wires and cables are to be contained within the shroud and placed inside the pole in order to reduce the appearance of cluttered or tangled cabling. Cabling and meters should be inside the pole to the maximum extent possible. When feasible, provider may use existing City conduit(s) between City pull box and City street light pole/other pole to install small cell facility wiring. 14. Signage and Lights: a. Signage and lights are limited to what may be required by the FAA or FCC. b. Use the smallest and lowest visibility signs, including the radio-frequency warning sticker required by government or electric utility regulations, and placed as close to the antenna as possible. c. Use equipment that does not feature flashing lights that may be visible to the public. 15. Electrical Meters: A separate meter must be provided for small cell facility. Electrical meters should be located on, within the pole or underground. In the case pole owner prohibits the use of a pole-mounted meter, and an above ground power meter box is 2019-01-08 Agenda Packet Page 193 required, then the meter box must be of the smallest footprint available and be approved by the City Engineer or designee. 16. Utility Box: Reasonable efforts must be made by provider to avoid the use of above ground utility boxes. If above ground utility boxes must be used, then they shall: a. Use the smallest footprint and not exceed 48-inches in height and 30-inches in width/depth. b. Be secured to a concrete pad or pole. c. Deviations from these standards must be approved by City Engineer or designee. 17. Pole Height: Overall height of the pole shall be similar to the surrounding poles and/or not exceed 35 feet in height. Ancillary Equipment: 18. Ensure plans and photo simulations accurately show smaller equipment items such as duplexers, ground buss bars, PBX or J-Boxes. Hide these elements in locations such as behind equipment enclosures or in mounting arms which feature recessed areas. New Stand-alone Utility Pole Design Standards: 19. The new pole must match the aesthetic of existing street light/poles adjacent to the new pole. 20.The pole shall be visually pleasing, meaning: a. Any transition between an equipment cabinet at the base of the pole and the upper pole should have a proper transition. b. The equipment cabinet at the base of the pole shall not be larger than 28 cubic feet in size. c. Upper pole shall be scaled to 0.5 to 0.75 the size of the cabinet but not larger than 10 inches at the widest portion. d. All hardware connections, including those between the cabinet and upper pole, shall be concealed from view. No horizontal flat spaces greater than 1.5 inches shall exist on the equipment cabinet to prevent placement of cups, trash, or other objects. Placement of New Stand-alone Utility Poles: 21. The placement of new stand-alone utility poles shall be in accordance with the below standards: a.New utility poles shall be at least 10 feet from the triangle extension of an alleyway flare. b. Shall not be located within 100 feet of the apron of a fire station or other adjacent emergency service facility. c. Shall not impede or obstruct usual pedestrian or vehicular travel d. Shall be located at intersecting property lines when possible. e. Shall be located on secondary streets, when possible. f. Shall be located at least 15 feet away from trees or outside of the drip line of the tree to prevent root disturbance. g. Shall be located at least 5 feet away from the widest point of a drive approach. 2019-01-08 Agenda Packet Page 194 h. Shall be located at least 50 feet from an existing electrical/electronic traffic control device. i. No physical, electrical, or radio interference by the small cell shall be permitted. ii. If required by the City, the provider will provide analysis that the proposed small cell shall not cause any interference with the City public safety radio system, electrical/electronic traffic control devices, emergency signal control devices, “smart city” applications, or other City communications or electronic components. i. When located adjacent to a commercial establishment, reasonable efforts should be made to ensure that the facility is not in direct view of businesses’ main entrance, picture windows or other large openings including, but not limited to sliding glass doors or openings that create an indoor-outdoor dining experience. Decorative Pole Placement: 22. Decorative poles, defined as a pole that is specially designed and placed for an aesthetic purpose, may be replaced by a wireless provider for the purpose of collocation if the replacement pole reasonably conforms to the design aesthetic of the displaced pole. 23. The design shall be approved by the City Engineer or designee. Photo Simulations: 24. Ensure that all photo simulations appear realistic with respect to cabling/conduit, the RF warning and node ID stickers, and equipment offset from the pole. Verify whether a GPS antenna is needed; as submittals often feature (macro-sized) GPS antennas on simulations when none are shown on plans or needed. 25. If the existing pole is leaning and slated for replacement, the simulation should show a new upright pole. 26. Ensure photo simulations accurately show the offset of equipment cabinets from the pole. Many simulations depict flush-mounted installations when the actual site features a significant offset from the pole. 2019-01-08 Agenda Packet Page 195