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June 18, 2019File ID: 19-0331
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AGREEMENTS WITH
KARPEL SOLUTIONS FOR SOFTWARE, SUBSCRIPTION, AND LICENSINGSERVICES
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Staff recommends that the City Council authorize the City Attorney to finalize negotiations and enter into
software and licensing agreementswith Karpel Solutionsto provide a comprehensive case management
system to be used by the City Attorney’s Office.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In March 2019, the City of Chula Vistahired a designated City Prosecutor to establish a criminal prosecution
unit in the City Attorney’s Office. One of the primary responsibilities of the City Prosecutor is to pursue
businesses that are operating in the City illegally. The City Prosecutor was tasked with identifying what
would be necessary for the unit to function effectively. One of the needs identified was a comprehensive case
management system. A case management system would be necessary to effectively and efficiently manage
cases being reviewed and handled by the City Attorney’s Office.
The City Prosecutor reached out to potential vendors and reviewed overviews and summaries of various
programs. The City Attorney’s Office conducted program demos for three different products. They also
explored trial versions of two other products. They included input from attorneys, staff, and the IT
department in evaluating the different products. While the main priority in evaluating the programs was the
prosecution unit needs, the potential utility for other City Attorney functions, such as litigation, was also
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considered and weighed. Costs were also compared and considered. This process was determined to be the
one that would best serve the City’s interests, in that, it was targeted to solicit the most appropriate
candidates for providing the identified needs.
Below is a comparison of the approximate costs associated with all of the programs considered (assuming
10 users/licenses):
Abacus$985.00$1,899.72$22,796.64$114,968.20
Karpel$46,415.00$7,250.00$75,415.00
Clio$1,090.00$13,080.00$65,400.00
Aderant$27,000.00$135,000.00
LegalEdge$20,670.00$650.00$7,800.00$47,970.00
ActionStep$3,000.00$600.00$7,200.00$39,000.00
Ultimately, it was decided that “PROSECUTORbyKARPEL” would be the best case management system for
the department’s needs.
Karpel Solutions has over 20 years of experience working with the judicial system. Karpel has successfully
implemented PROSECUTORbyKarpel in over 335 agencies in 28 states. The program is used by 23 different
District Attorney’s Offices and two City Attorney’s Officesin the State of California.
Highlights and features of the program include:
1.Document generation and management
2.Cross-referencing of individuals and their legal history
3.Calendar and email integration
4.Comprehensive financial and time tracking
5.Case management
6.Investigation services tracking
7.eDiscovery
8.Workflow management
9.Evidence tracking
10.Paperless capabilities
11.Reports and statistics
12.Integration with other parties and agencies
13.Secure, hosted cloud and technical support
Karpel Solutions’knowledge and experience enables PROSECUTORbyKarpel to come “out of the box”
prepared to meet the data entry, reporting, tracking, documenting, and other needs of the City Prosecutor,
but can also be customized to the Department’s specific workflows and preferences. The program can be
used on almost any device, anywhere, improving access to information. Daily tasks can be streamlined with
built-in workflows and collaboration features which will save time and resources and allow attorneys to
effectively manage caseloads. The program will be able to handle both prosecution and civil litigation needs.
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In order to implement PROSECUTORYbyKarpel, the City will need to enter into agreements with Karpel
Solutions for the software licensing, installation, and on-going hosting and technical support. The proposed
agreements with Karpel would cover the initial set-up and first year costs for eight users, plus on-going
support for so long as the City uses the PROSECUTORbyKarpel. Karpel Solutions has provided the City with
proposed agreements, which the City Attorney is currently reviewing. Thus, staff is requesting that the City
Council authorize the City Attorney to negotiate the terms of the agreements, and enter into them on behalf
of the City.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Councilmembers do not create 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.
CURRENT-YEAR FISCAL IMPACT
There will be no net fiscal impact to the General Fundfor this fiscal year.
ONGOING FISCAL IMPACT
The total first year cost for eight users is $40,465. This cost includes licensing, installation and configuration,
project management, document conversion, onsite training, and support services. Future annual support
services for eight users would cost $5,900. Annual support services include program updates, unlimited
eDiscovery, and hosting services.
Staff Contact: Nicole Carnahan, City Prosecutor
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AGREEMENTSWITH
KARPEL SOLUTIONS FOR SOFTWARE, SUBSCRIPTION,
AND LICENSING SERVICES
WHEREAS,the City Attorney has designated aCity Prosecutor; and
WHEREAS, the City Prosecutor requiresa computer management programto properly
log and process cases; and
WHEREAS, City staff conducted a comprehensive search to identify the most appropriate
program toserve the City’s needs; and
WHEREAS,the process utilized includedreachingout to potential vendors and reviewing
overviews and summaries of various programs, conducting program demos for three different
products, exploringtrial versions of two other products, soliciting input from attorneys, staff, and
the IT department in evaluating the different products, and comparing costs; and
WHEREAS,theprocess utilized was determined to be the one that would best serve the
City’s interestsand, as such, City staff recommends that the City Council waive the competitive
bidding requirements, pursuant to Chula Vista Municipal Code section 2.56.070.B.3.; and
WHEREAS,as a result of the solicitation process, theCity Attorney identified the
PROSECUTORbyKARPELprogram, by Karpel Solutions, as themostappropriate program to
utilize for its case management needs; and
WHEREAS, the program willsave time and resources and allow attorneys to effectively
manage caseloads; and
WHEREAS, the program will allow the City Attorney to provide better legal services and
representation to the community; and
WHEREAS,the estimated cost of the program is $40,465 for the first year, and $5,900 for
software hosting services for each subsequent year; and
WHEREAS,the City Council desires to authorize the City Attorney to negotiate and
execute the necessary agreements with Karpel Solutions in order to implement the
PROSECUTORbyKarpel program in the City Attorney department.
NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Chula
Vista, that it authorizes and directs the City Attorney, or designee, tonegotiate andexecute
agreementswith Karpel Solutions for software, subscription, and licensing servicesfor the
PROSECUTORbyKarpel program, substantially conforming to the terms presented; and
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Resolution No. _________
Page 2
BE IT FURTHER RESOLVED, that the City Council hereby waives the competitive
bidding requirements with respect to the selection of Karpel Solutions to provide the requisite
software and services.
Presented byApproved as to form by
Glen R. GooginsGlen R. Googins
City AttorneyCity Attorney
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June 18, 2019File ID: 19-0308
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTERPLAN FOR
AFENCED, OFF-LEASH DOG PARKAT ROHR PARK
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Staff has prepared a master plan for a fenced, off-leash dog park at Rohr Park to service the needs of the
community who desire to have a designated off-leash dog area. With approval of this item, the City
Manager will approve the contract to install the fence and complete the project as discussed in the master
plan.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or
Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land),Section 15323 Class 23
(Normal Operations of Facilities for Public Gatherings), and Section 15061(b)(3) because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Parks and Recreation Commission had a scheduled Special Meeting on Monday, April 15to consider
theRohr Park dog park concept. The Parks and Recreation Commission did not have a quorumthat evening
with only three Commissioners present. This item was presented to the members who were present, and
the Vice-Chairallowed for discussion. The Commissionerswho were present expressed no concerns
regarding the proposed dog park project. The City Council was presented with a conceptual plan of the
Rohr Park dog park at the May 7, 2019 meeting and provided direction to staff to proceed with the design
of the dog park.
DISCUSSION
The City of Chula Vistahassixparks whichincludedesignated off leash, fenced dog runs. The first fenced
dog runs built in Chula Vista were in the 2007 development of Veterans Park and Montevalle Park. The
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other parks with off leash, fenced dog runs are Mt. San Miguel Park, Orange Park, Stylus Park, and
Eucalyptus Park. As identified in the Parks and Recreation Master Plan Update, which was adopted by the
City Council on August 7, 2018, there are 9 additional future parks identified to have off leash, fenced dog
runs as part of the park program. The closest fenced, off leash dog area to Rohr Park is Eucalyptus Park,
which is 4 miles away and serves a different community base.
The fenced dog park at Rohr Park is located at the western end of the park, immediately south of
Sweetwater Road. This dog park, about 1.3 acres in size, will activate an underutilized area of Rohr Park by
providing a grassy area to exercise dogs and allow for them to play off-leash. A 50’ buffer between the
residences and the dog park will be maintained.
Dog Park amenities for this site include an ADA accessible double-entry gated corral, separate areas for
small and large dogs, benches, signage, trach containers, pet wastestations, and dog gyms. Existing trees
will be maintained and protected in place to provide shade. A drinking fountain can be found at the existing
restroom building east of the site, with plans to install a drinking fountain with dog bowl closer to the off-
leash dog park in the near future. There are also picnic tables and a tot lot nearby.
The dog park will be open daily from 7am to dusk.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings
within 1,000 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 Title2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t
Code §87100, et seq.).
Staff is not independently aware and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The current year fiscal impact to the general fund is estimated at $94,295 based on the cost estimate
prepared by the design team in the Development Services Departmentinclusive of fencing, gates, dog park
amenities, and ADA accessible access.
ONGOING FISCAL IMPACT
Annual expenses would include the weekly replacement of dog waste bags and turf repair. The annual fiscal
impact to the general fund for subsequent years is estimated at $500.
ATTACHMENTS
1.Rohr Dog Park Master Plan
2.Rohr Dog Park Cost Estimate
Staff Contact: Tim Farmer, Parks and Recreation Administrator
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COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MASTER PLAN FOR A
FENCED, OFF-LEASH DOG PARK AT ROHR PARK
WHEREAS, the City of Chula Vista has six parks which include designated off-leash,
fenced dog runs; and
WHEREAS, the nearest designated off-leash dog parkto Rohr Park is located 4 miles
away at Eucalyptus Park; and
WHEREAS, City staff have prepared a master plan for a fenced, off-leash dog park at
Rohr Park; and
WHEREAS,the fenced, off-leash dog park at Rohr Park would be about1.3 acres in size,
be located in the western portion of the park, and activate an underutilized area of the park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves themaster plan for the fenced, off-leash dog park at Rohr Park.
Presented byApproved as to form by
Tracy LambGlen R. Googins
Director of Community ServicesCity Attorney
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2019-06-18 Agenda Packet
June 18, 2019File ID: 19-0279
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTINUATION OF THE
ELECTRICITY COMMODITY PURCHASES FROM SHELL ENERGY AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH UPDATING THE PURCHASERATES
RECOMMENDEDACTION
Council adopt the resolution.
SUMMARY
In order to foster price competiveness, the California Public Utilities Commission in 1998 began allowing
certain energy customers to purchase electricity from third-party providers (in place of the local Investor-
Owned Utility), known as Direct Access Service. The City of Chula Vista purchases electricity for four
municipal buildings from Shell Energy under Direct Access Service. The City is now updating its electricity
procurement rates with Shell Energyand is looking at various options. The option recommended by City
staff allows for a renewable electricity mix equal to what San Diego Gas and Electric (SDG&E)currently
offers (45% of its load) at a two-year cost savings of $47,933below the current SDG&E rates. Approval of
thisoption would allow forcontinuation of electricity commodity purchasesat a cheaper ratefor up to 2
(two) years.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In 1998, the California Public Utilities Commission began implementation of Assembly Bill 1890 (The
Electric Utility Restructuring Act) to make the generation of electricity more competitive in California. One
of the key provisions was the creation of “Direct Access Service” options in which commercial, industrial
and agricultural customers could select to purchase electricity from a third-party Electric Service Provider,
instead of from the Investor-Owned Utility (such as San Diego Gas & Electric). Direct Access allows these
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customers to potentially negotiate better electricity commodity rates or higher renewable energy power
mixes from the open market. The local utility still provides the transmission and distribution services for
Direct Access customers within their service territories.
During the energy crisis in 2001, the Department of Water Resources was required to issue revenue bonds
and enter into long-term electric energy purchasing contracts on behalf of California ratepayers. As a
result, the California Public Utilities Commission suspended Direct Access in order to create a stable
customerbase to help the Department of Water Resources recover its costs. However, existing Direct
Access customers could continue to purchase their electricity from an Electric Service Provider. The City of
Chula Vista has four electricity accounts that have been “grandfathered” under Direct Access Service -Civic
Center Library, South Library, Public Services South (Building B), and Discovery Park. Over the last 12-
months the electricity commodity purchase for the four accounts totaled approximately $69,086.
The City is now updating its electricity procurement rates with Shell Energyand there are multiple options
if the City wants to continue contracting with them for the four Direct Access accounts. The first option is to
continue with the current plan whichcosts approximately 13% higher per MWh than last year due to less
usage during the low-cost solar hours which brings up the average price per Megawatt hour.However,the
rates are still approximately 15% lower than historical commodity pricesthrough SDG&E. The mix of
renewable energy in this current offering would average roughly 33%. The greenhouse gas emissions
(GHG) factor associated with Shell’s2017retail sales wasapproximately 0.30MTs CO2/MWh, slightly
higher emissions when compared with SDG&E’s2017 GHG emissions factor for 2017, which was 0.243 MTs
CO2/MWh. This plan would save approximately $$50,726 over the two years vs. SDG&E’s regular rates.
Another option is to purchase energy with the same renewable content thatSDG&E currently offers, but
through Shell’s Direct Access plan. This plan would have a cost-savings of approximately $47,933 over the
two-year contract period. The GHG emission rate would be similar to what SDG&E offers and would have
the same renewablecontent as SDG&E at 45%. City staff recommends this option because it allows for
cost-savings while also purchasinga higher renewable electricity blend.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-relatedfinancial 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.
CURRENT-YEAR FISCAL IMPACT
Because the new Confirmation Letterand its associated electricity procurement rates would not be
effective until July 1, 2019, there willbe no impact during the current Fiscal Year 2018-19.
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ONGOING FISCAL IMPACT
Approval of this action wouldcontinue the direct access contract for these four sites at a renewable energy
rate of 45% foracost savings of $47,933dollars over the two-year contract.
ATTACHMENTS
1.Confirmation letter
2.Direct Access Energy Sales Agreement 2004
3.Direct Access First Amendment to Energy Sales Agreement
Staff Contact: Coleen Wisniewski, Environmental Sustainability Manager, Economic Development Department
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CONTINUATION OF THE ELECTRICITY COMMODITY PURCHASES FROM SHELL ENERGY
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION
WITH UPDATING THE PURCHASERATES
WHEREAS, the California Public Utilities Commission began implementation of Assembly Bill
1890 in 1998 to make the generation of electricity more competitive in California through the creation
of “Direct Access Services;” and
WHEREAS, Direct Access allows commercial, industrial, and agricultural customers to purchase
electricity from a third-party Electric Service Provider, instead of from the local Investor-OwnedUtility;
and
WHEREAS, Direct Access allows these customers to potentially negotiate better electricity
commodity rates or higher renewable energy power mixes from the open market; and
WHEREAS, the City of Chula Vista has fourelectricity accounts that are under Direct Access
Service with Shell Energy; and
WHEREAS, under the contract with Shell Energy, the City “locks-in” electricity procurement rates
for certain time periods through a Confirmation Letter to minimize utility cost fluctuations; and
WHEREAS, the City’s current Confirmation Letter and associated rates are expiring; and
WHEREAS, the City is now updating its electricity procurement rates with Shell Energyand can
purchase electricity with 45% renewable content which is equal to what San Diego Gas and Electric
(SDG&E) currently provides;
WHEREAS, this 45% renewable product from Shell Energy is projected to cost $47,933 less than
the comparable product from SDG&E.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve that it:
1.Approves continuation of electricity commodity purchases from Shell Energy; and
2.Authorizes and directs the City Manager, or designee, to execute an up to 2-year
Confirmation letter with rates not to exceed $55 per Megawatt Hour, in the form presented,
with such modifications as may be approved or required by the City Attorney, tobe kept on
file in the office of the City Clerk.
Presented by Approved as to form by
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____________________________________________________________
Eric CrockettGlen R. Googins
Director of Economic DevelopmentCity Attorney
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June 18, 2019File ID: 19-0167
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE
CONTRACT FOR THE“THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE III(STL0406)”
PROJECTTO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC., IN THE AMOUNT OF $3,127,680;
TRANSFERRING $110,000 IN TRANSNET APPROPRIATIONS FROM STM0398 TO STL0406; AND
APPROPRIATING$2,500,000INTRANSNETSMART GROWTH INCENTIVE PROGRAM (SGIP)GRANT
FUNDS(4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnMay 15, 2019, the Director of Engineering and Capital Projects received four(4) sealed bids for the
“Third Avenue Streetscape Improvement Project Phase III(STL0406)” project. The project is included in
the Capital Improvement Program for Fiscal Year 2018/2019. The proposed resolution, if approved, would
1) accept bids; 2)transfer $110,000 in TransNet from STM0398 to STL0406; 3) appropriate$2,500,000in
TransNet SGIP funds; and4) award the contract for this project to Tri-Group Construction and
Development, Inc. in the amount of $3,127,680.
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 was adequately covered
in previously adopted/certified Final Environmental Impact Report for the Chula Vista Urban Core Specific
Plan (UCSP), Final Environmental Impact Report-06-01 (“FEIR-06-01”). Pursuant to the California
Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agency, certified FEIR-06-01
for the UCSP. On January 25, 2011 the City, acting as Lead Agency, having found and determined that
certain amendments to the UCSP, including the referenced Third Avenue Streetscape improvements, would
not result in significant unmitigated impacts and that only minor technical changes or additions to FEIR-
06-01 were necessary and that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent environmental document had occurred, adopted an
Addendum to FEIR-06-01. Therefore, no further CEQA actions or determinations are necessary.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Bidding Process
On April 12, 2019, Department of Engineering and Capital Projects Staff advertised the project and received
four(4) sealedbids on May15,2019. The base bid totals from the prime contractors were as follows:
ContractorBase Bid Amount
Ranking
1Tri-Group Construction and Development, Inc.$3,127,680.00*
2Palm Engineering and Construction Company, Inc.$3,449,240.60*
33-D Enterprises, Inc.$3,473,575.00*
4LB Civil Construction, Inc.$4,190,519.20*
*Contained minor errors that did not change overall bid ranking.
City Staff reviewed the apparent low bid proposal and found minor arithmeticerrors that changed their
base bid total from $3,166,880 to $3,127,680. The minor arithmetic errors did not change the ranking
order of the lowbid. In accordance with the bid documents, the City Engineer exercised his discretion to
correct these errors as they did not change the ranking order of the low bid. Tri-Group Construction and
Development, Inc. submitted a letter acknowledging the arithmetic errors and acknowledgesand agrees to
the corrected base bid total price of $3,127,680 (Attachment 1).
The low bidby Tri-Group Construction and Development, Inc. in the amount of $3,127,680is $225,777
(approximately 6.7%) belowthe Engineer’s estimate of $3,350,000.
Tri-Group Construction and Development,Inc.’s Contractor License (No. 792159), as well aslisted sub-
contractor’s licenses, are current and active as of May2019. Staff recommends awarding a contract in the
amount of $3,127,680toTri-Group Construction and Development, Inc.
Project Background
The project consists of improvements on Third Avenue from “E” Street to north of “F” Street and will
complete the third and final phase of the Third Avenue Streetscape Improvement Plan. The project will
continue with similarenhancements provided on previous phases throughout the corridor such as asafer
corridor for pedestrians, motorists, and cyclists to accessby implementing shorter pedestrian crossings,
more open sidewalks, larger landscape areas, directional signs, and crosswalks with decorative pavers.
Additionally,includedistherelocation of two treesculptures (Chromasol and Chromatosol) located on
Third Avenue within the project limits.The tree sculptures are proposed to be relocated outside the Civic
Center library (Attachment 2). Currently,the Third Avenue Village Association (TAVA) maintains the tree
sculpturesand has agreed to the relocation. An agreement between stakeholder parties will formally
transfer ownership to the City of Chula Vista.
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Disclosure Statement
Attachment 3is a copy of the Contractor’s Disclosure Statement.
Wage Statement
The contractor that is awarded the contract and all of its subcontractors are required to pay prevailing
wages to persons employed by them for work under the projectcontract. The prevailing wage scales are
those determined by the Director of Industrial Relations, State of California.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council membersand has found that, Mayor Mary
Casillas Salas has real property holdings within 500 feet of the boundaries of the property which is the
subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and
18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under
the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member.
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The project supports the
Economic Vitalityand Healthy communitygoalsas it seeks to complete the revitalization of the Third
Avenue Village area, which will attract and boostbusinessby providingenhanced and safer pedestrian
corridors. These same pedestrian focused improvements will alsopromote a safe an appealinglocation, in
line with theStrong and SecureNeighborhoods goal, where people will choose to shop, work play and stay.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolutionwill transfer$110,000 in TransNet from STM0398 to STL0406 and appropriate
$2,500,000TransNetSGIP funds into the project and initiate the construction phase of STL0406.Sufficient
funds are available in STM0398 for said transfer.
Funds Required for Construction
A.Contract Amount$3,127,680
B.Contract Contingency (16%)$520,000
C.Water Facilities Relocation Costs (9.7%)$305,000
D.Design & Survey Support Costs (5.4%)$170,000
E.Soil Testing, Environmental Studies (2%)$60,000
F.Construction Inspection Staff Cost (14%)$450,320
Total Funds Required for Construction$4,633,000
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Available Funding
A.Transfer Funds (TransNet) from STM0398 to STL0406 $110,000
B.Project Budget (STL0406)$2,023,000
C.TransNet Smart Growth Incentive Program$2,500,000
Total Funds Available for Construction$4,633,000
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine City street maintenance.
ATTACHMENTS
1.Bid Error Acknowledgement Letter
2.TreeSculptureRelocations
3.Disclosure Statement
Staff Contact: José Serrato, Associate Civil Engineer
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RESOLUTION NO. __________
RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS; AWARDING THE
CONTRACT FOR THE “THIRD AVENUE STREETSCAPE
IMPROVEMENT PROJECT PHASE III (STL0406)” PROJECT
TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT,
INC., IN THE AMOUNT OF $3,127,680; TRANSFERRING
$110,000 IN TRANSNET APPROPRIATIONS FROM STM0398
TO STL0406; AND APPROPRIATING $2,500,000 IN
TRANSNET SMART GROWTH INCENTIVE PROGRAM
(SGIP) GRANT FUNDS
WHEREAS, Chapter 2.56 of the Chula Vista Municipal Code authorizes the City to
contract for public works; and
WHEREAS, on May 15, 2019, the Department of Engineering and Capital Projects
solicited bids for the“Third Avenue Streetscape Improvement Project Phase III (STL0406)”
project in accordance with Chula Vista Municipal Code section 2.56.160.A; and
WHEREAS, on May 15, 2019, the Director of Engineeringand Capital Projects received
four (4) sealed bids for the “Third Avenue Streetscape Improvement Project Phase III
(STL0406)” project; and
WHEREAS, the apparent low bid for the project was submitted byTri-Group
Construction and Development, Inc.in the amount of $3,127,680, which is belowthe Engineer’s
estimate of $3,350,00by $225,777(approximately 6.7% belowthe Engineer’s estimate); and
WHEREAS, staff has determined that the bid submitted byTri-Group Construction and
Development, Inc. is responsive in all material respects to the bid specificationsand
requirements, and thatTri-Group Construction and Development, Inc. is the lowest responsive
and responsible bidder; and
WHEREAS, staff is recommending a transfer in TransNet appropriations from STM0398
to STL0406in the amount of $110,000 for purposes of completing required improvements; and
WHEREAS, STM0398has a sufficient balance available to fund the inter-project
transfer; and
WHEREAS, staff is recommending an appropriation of $2,500,000 inTransNetSGIP
grant funds for the purpose of completing required improvements; and
WHEREAS, staff recommends awarding the contract to Tri-Group Construction and
Development, Inc. in the amount of $3,127,680; and
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WHEREAS, staff recommends relocating and accepting ownership of two tree sculptures
(Chromasol and Chromatosol).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it awards the contract for the “Third Avenue Streetscape Improvement Project Phase III
(STL0406)” project to Tri-Group Construction and Development, Inc. in the amount of
$3,127,680, in a form approved by the City Attorney, and directs a copy of which to be kept on
file in the Office of the City, and authorizes and directs the Mayorto execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizesthetransfer $110,000 in TransNet appropriations from STM0398to STL0406.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizestheappropriation of$2,500,000 inTransNetSGIP grant fundsto STL0406.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes theCity to accept ownership of two tree sculptures (Chromasol and Chromatosol)
from the Third Avenue Village Association (TAVA), and authorizes and directs the City
Manager, or designee, to execute an agreement to transfer ownership of the sculptures to the
City, in a form approved the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk.
Presented byApproved as to form by
William S. ValleGlen R. Googins
Director of Engineering and Capital ProjectsCity Attorney
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June 18, 2019File ID: 19-0315
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES
IN THE AMOUNT OF $149 FROM THE CASH BOND DEPOSIT FUND TOTHE GENERAL FUND
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the
Police Department in accordance with Government Code Article 3, Section 50050 provisions, which state
that money that remains unclaimed for three years may become the property of the City after certain
advertising requirements are met. The amount of $149 is now eligible for transfer to the General Fund.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section15378 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.
DISCUSSION
The City currently has unclaimed monies in the Cash Bond Deposit Fund. Monies deposited into the Cash
Bond Deposit Fund primarily include cash confiscated during arrests that has remained unclaimed. This
money was deposited by the Police Department in accordance with Article 3, Section 50050 of the
Government Code. According to Government Code provisions, money that remains unclaimed for three years
may become the property of the City after certain advertising requirements are met. If no claim is made for
the monies after proper notification as required by Government Code section 50050, the unclaimed money
may become the property of the City on a designated date not less than 45 days nor more than 60 days after
the first publication of the notice. The City gave public notice of the unclaimed monies in the Star News on
May 3 and 10, 2019. The amount of $149 is now eligible for transfer to the General Fund, pursuant to
Government Code section 50053.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it isnot site-specific and
consequently, the real property holdings of the City Council members do not create adisqualifying real
property-related financial conflict of interestunder 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 adecision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will result in the transfer of $149 from the Cash Bond Deposit Fund to the General
Fund, resulting in a positive fiscal impact of $149 to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for this one-time transfer.
ATTACHMENTS
Attachment 1: Star News Affidavit of Publication
Staff Contact: Jonathan Alegre, Police Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN
THE AMOUNT OF $149FROM THE CASH BOND DEPOSIT
FUND TO THE GENERAL FUND
WHEREAS, the City currently has monies in the Cash Bond Deposit Fund, which
primarily include cash confiscated during arrests that has remained unclaimed; and
WHEREAS, these monies were deposited by the Police Department in accordance with
Article 3, Section 50050 of the Government Code; and
WHEREAS, according to Government Code provisions, money that remains unclaimed
for three years may become the property of the City after certain advertising requirements are
met; and
WHEREAS, according to Government Code provisions, if no claim is made for the
monies after proper notification as required by Government Code section 50050, the unclaimed
money may become the property of the City on a designated date not less than 45 days nor more
than 60 days after the first publication of the notice; and
WHEREAS, the City gave public notice of the unclaimed monies in the Star News on
May 3 and 10, 2019;and
WHEREAS, the amount of $149in unclaimed monies is now eligible for transfer to the
General Fund, pursuant to Government Code section 50053.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approvesthe transfer of unclaimed monies in the amount of $149from the Cash Bond
Deposit Fund to the General Fund.
Presented by:Approved as to form by:
____________________________________________
Roxana KennedyGlen R. Googins
Police ChiefCity Attorney
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COUNCIL RESOLUTION NO. __________
RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDED PUBLIC
SAFETY EXPENDITURE PLAN
WHEREAS, on February 27, 2018 the City Council approved Ordinance 3415
(“Ordinance”) adding Chapter 3.34 to Title 3 of the Chula Vista Municipal Code establishing a
one-half centGeneral Transactions and Use Tax to be administered by the California Department
of Tax and FeeAdministration; and
WHEREAS, the approved Ordinance included provisions for Citizen’s Oversight and
Accountability; and
WHEREAS, the City Council adopted a spending plan expressing its intention to expend
new sales tax revenues on Public Safety (the “Intended Public Safety Expenditure Plan”); and
WHEREAS, Measure A was placed on theballot and subject to approval by an
affirmative, simple majority vote of the people as required by law; and
WHEREAS, on June 5, 2018, the voters of the City of Chula Vista approved Measure
A authorizing a one-half cent sales tax on retail sales within the City; and
WHEREAS, the spending plan, the Public Safety Expenditure Plan (“Expenditure Plan”)
has been updated to reflect, where necessary, the ratification of Measure A; and
WHEREAS, on May 16, 2019, the Measure ACitizen’s Oversight Committee (“COC”)
voted unanimously to support the amended Measure A Intended Public Safety Expenditure Plan.
The amended plan included updated sales tax revenue assumptions, staffing changes for both the
Fire and Police Departments, and updated expenditures; and
WHEREAS, per the Ordinance, Section 3.34.160.A, all revenue generated by the tax
shall be accounted for in the General Fund as a separate line item and will then be transferred to
a General Fund subfund entitled “Local Transactions and Use Tax -Measure A Revenues”; and
WHEREAS, as required in the Ordinance, Section 3.34.160.A, staff has created the
Measure A Sales Tax Fund (Fund 222) for the purpose of accounting for all revenues and
expenditures of Measure A monies; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby accept and approve the amended Public Safety Expenditure Plan in the
form presented, a copy of which shall be kept on file with the City Clerk.
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Resolution No. _________
Page 2
Approved as to form by
Presented by
Glen R. Googins
City Attorney
David Bilby
Director of Finance/Treasurer
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June 18, 2019File ID: 19-0222
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A
LANDSCAPE MAINTENANCE CONTRACT BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. FOR OPEN
SPACE LANDSCAPE MAINTENANCE SERVICES IN BID GROUPS 1 ($844,584), 2 ($220,956), 3 ($474,288), 5
($604,596), 6 ($1,219,728), 7 ($434,724), AND 10 ($428,244) IN THE TOTAL AMOUNT OF $4,227,120
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A
LANDSCAPE MAINTENANCE CONTRACT BETWEEN THE CITY AND BRIGHTVIEW LANDSCAPE SERVICES
FOR OPEN SPACE LANDSCAPE MAINTENANCE SERVICES IN BID GROUPS 4 ($593,530), 8 ($532,231), AND
11 ($648,652) IN THE TOTAL AMOUNT OF $1,774,413
C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A
LANDSCAPE MAINTENANCE CONTRACT BETWEEN THE CITY AND GEOCAL ENVIRONMENTAL
MANAGEMENT & LANDSCAPING FOR OPEN SPACELANDSCAPE MAINTENANCE SERVICES IN BID GROUP
9 (OPEN SPACE DISTRICTS 5, 6, 9, 10, AND 11) IN THE AMOUNT OF $169,861
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
On May 1, 2019,City staff received responsive bids from Aztec Landscaping, Inc., BrightViewChargers Inc. d/b/a
Brightview Landscape Services (“Brightview”), Cielo Azur, Inc., GeoCal Environmental Management& Landscaping
(“GeoCalEnvironmental Management”), and Terracare, LLC respectively for 11 Open Space landscape maintenance
bid groups. Funding for the contractsareincluded within the budget for the Open Space Districts and Community
Facilities Districts. Staff’s recommendation is that Council accepts the bids, awards the contractsfor (1) Bid Groups
1,2, 3, 5, 6, 7, and 10 to Aztec Landscaping, Inc.; (2)Bid Groups 4, 8, and 11 to BrightView; and (3) Bid Group 9 to
GeoCal Environmental Management.
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 15304 Class 4 (Minor Alterations to Land) and Section 15301 Class 1
(Existing Facilities)because the proposed projectwould not result in a significant effect on the environment, create
a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a
historical resource. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
On May 1, 2019,the Director of Public Works received responsive bids from Aztec Landscaping, Inc., BrightView,
Cielo Azul, Inc., GeoCal Environmental Management,and Terracare, LLCrespectively for landscape maintenance
services in 11 Open Space bid groups.
After compilation of the bids,staff determined Aztec Landscaping, Inc. to be the lowest responsive and responsible
bidder for Bid Groups 1, 2, 3, 5, 6, 7, and 10; BrightView was determined to be the lowest responsive and
responsible bidder for Bid Groups 4, 8, and 11; and GeoCal Environmental Management wasdetermined to be the
lowest responsive and responsible bidder for Bid Group 9. Below is a summary table that reflects bid amounts by
Group/Vendor.The highlighted cells represent the lowest responsive bidder for each group.
AztecGeoCal
Landscaping,Environmental
Bid GroupInc.BrightViewCielo Azul, Inc. ManagementTerracare, LLC
1$ 844,584 $ 894,618 No Bid No Bid $ 997,734
2$ 220,956 No Bid No Bid No Bid $ 225,690
3$ 474,288 No Bid $ 489,893 No Bid $ 486,720
4$ 603,636 $ 593,530 $ 630,692 No Bid $ 654,763
5$ 604,596 No Bid $ 619,108 No Bid $ 685,943
6$ 1,219,728 $ 1,228,416 No Bid No Bid $ 1,306,860
7$ 434,724 No Bid $ 450,977 No Bid $ 498,867
8$ 538,608 $ 532,231 $ 550,408 No Bid $ 577,980
9$ 264,876 No Bid No Bid $ 169,861 $ 274,377
10$ 428,244 No Bid No Bid No Bid $ 486,720
11$ 667,764 $ 648,652 No Bid No Bid $ 699,660
Bid Totals$ 6,302,004 $ 3,897,448 $ 2,741,078 $ 169,861 $ 6,895,314
$ 4,227,120 $ 1,774,413 $ - $ 169,861 $ -
Contract Totals
Total All Contacts$ 6,171,394
Note: The above table reflects the final contract amounts and reduced services levels as appropriate.
Staff recommends accepting the contractors’bidsand awarding the Open Space landscape maintenance contracts
to the contractors as outlined above.
Key provisions of the contractsinclude, but are not limited to, the following:the contract term is initially from July
1, 2019 to June 30, 2020. If a contractor’s work performance is satisfactory, the parties may mutually agree in
writing to extend the contract for four (4) additional one (1) year periods. The annual option year renewals would
be effective from July 1 to June 30 the City’s Fiscal Year. If a contractor’s work performance is not satisfactory, the
City reserves the right to not renew the contract without penalty. Contractor’s prices above shall be firm through
June 30, 2020. If the parties agree to extend the contract for the option years, acceptable price increases may be
agreed to and such increases would be based on changes in the annual San Diego Area Consumer PriceIndex, in an
amount not to exceed 5%.
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Each of the contractorsis required to pay prevailing wages to persons employed by them for the work performed
under this contract and shall ensure compliance with all applicable state and local laws governing the payment of
prevailing wages.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor Salas, Council
Member McCann, and Council Member Padilla haveproperty holdings within 500 feet of the boundaries of the
property which is the subject of this action. However, the decision solely concerns repairs, replacement or
maintenance of existing streets, water, sewer, storm drainage or similar facilities, and eachmember’s respective
property will not be affected disproportionately to other properties receiving the same services. Consequently,
pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a
real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that
may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact.
ONGOING FISCAL IMPACT
The annual contract cost will be included in the respective budgets for Open Space and Community Facilities
Districts. For Fiscal Year 2020, the contractstotal approximately $6,171,394.The contract amounts have been
incorporated into the Fiscal Year 2020 budget, which was adopted on June 4, 2019. Contract extensions will be
included as part of the normal budget development process.
ATTACHMENTS
1.2-Party Agreements.
2.Landscape Maintenance Standards.
Staff Contact: Samuel O. A.Oludunfe, Open Space Manager
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RESOLUTION NO. 2019-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
LANDSCAPE MAINTENANCE CONTRACTBETWEEN THE
CITY AND AZTEC LANDSCAPING, INC. FOR OPEN SPACE
LANDSCAPE MAINTENANCE SERVICES IN BID GROUPS 1
($844,584), 2 ($220,956), 3 ($474,288), 5 ($604,596), 6
($1,219,728),7($434,724), AND 10($428,244) IN THE TOTAL
AMOUNT OF $4,227,120
WHEREAS,the City currently administers and maintains 50Open Space Districts,
Maintenance Community Facilities Districts, and their associated zones(collectively the
“Districts”) and levies an annual assessment on property owners within each district to provide
funding for maintenance of common area spaces; and
WHEREAS,the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS,on April 12, 2019,City staff issued a Request for Proposals for landscape
maintenance services for common area spaces within all the Districts; and
WHEREAS,in the Request for Proposal, the common area spaces within the Districts
were placed into 11Bid Groups; and
WHEREAS,a pre-bid meeting was held on April 17, 2019to review and clarify bid
requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid
Group to the lowest most competent and qualified bidder for eachBid Group; and
WHEREAS,on May 1, 2019,City staff received responsive bids from Aztec
Landscaping, Inc., BrightView Chargers, Inc. d/b/a Brightview Landscape Services
(Brightview), Cielo Azur, Inc., and Terracare, LLCrespectively for the various bid groups as
shown below:
Bid Group #AztecBrightViewCielo AzulTerracare
1$844,584$894,617.84No bid$997,734.29
2$220,956NobidNo bid$225,690.32
3$474,288No bid$489,892.75$486,720.00
5$615,756No bid$619,108.22$685,942.57
6$1,219,728$1,228,416.47No bid$1,306,860.16
7$434,724No bid$450,976.75$498,867.23
10$464,856No bidNo bid$486,719.64
WHEREAS,based on available resources,the City reduced andAztec Landscaping, Inc.
agreed to reduce the landscape services for Open Space Districts 15 and 24in Group 5 and Open
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Space Districts 3 and 8 in Group 10, with a commensurate reductionin annual costs from
$121,344 to $73,572 collectively (representing a reduction of $47,772); and
WHEREAS,the following table reflects the final contract with Aztec Landscaping, Inc.:
BidAztec Original Aztec Final
GroupBidContractDifference
1$ 844,584 $ 844,584 $ -
2$ 220,956 $ 220,956 $ -
3$ 474,288 $ 474,288 $ -
5$ 615,756 $ 604,596 $ 11,160
6$ 1,219,728 $ 1,219,728 $ -
7$ 434,724 $ 434,724 $ -
10$ 464,856 $ 428,244 $ 36,612
Total$ 4,274,892 $ 4,227,120 $ 47,772
NOW, THEREFORE, BE IT RESOLVED bythe City Council of theCity of Chula Vista
that it accepts the bids and awards the open space landscape maintenance contract for Bid
Groups 1, 2, 3, 5, 6, 7, and 10to Aztec Landscaping, Inc.in the amount of $4,227,120.
BE IT FURTHER RESOLVEDby the City Council of theCity of Chula Vista that it
approves the City of Chula Vista Contractor Services Agreement with Aztec Landscaping, Inc.
to provide Landscape Maintenance 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 to execute the
same.
Presented by Approved as to form by
___________________________________________________
Iracsema QuilantanGlen R. Googins
Director of Public Works City Attorney
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RESOLUTION NO. 2019-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
LANDSCAPE MAINTENANCE CONTRACTBETWEEN THE
CITY AND BRIGHTVIEWLANDSCAPE SERVICES FOR
OPEN SPACE LANDSCAPE MAINTENANCE SERVICES IN
BID GROUPS 4($593,530), 8($532,231), AND 11 ($648,652)IN
THE TOTAL AMOUNT OF $1,774,413
WHEREAS,the City currently administers and maintains 50Open Space Districts,
Maintenance Community Facilities Districts, and their associated zones(collectively the
“Districts”) and levies an annual assessment on property owners within each district to provide
funding for maintenance of common area spaces; and
WHEREAS,the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS,on April 12, 2019,City staff issued a Request for Proposals for landscape
maintenance services for common area spaces within all the Districts; and
WHEREAS,in the Request for Proposal, the common area spaces within the Districts
were placed into 11Bid Groups; and
WHEREAS,a pre-bid meeting was held on April 17, 2019to review and clarify bid
requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid
Group to the lowest most competent and qualified bidder for eachBid Group; and
WHEREAS,on May 1, 2019,City staff received responsive bids from Aztec
Landscaping, Inc., BrightViewChargers, Inc. d/b/a Brightview Landscape Services
(Brightview), Cielo Azur, Inc., and Terracare, LLCrespectively for Bid Groups 4, 8, and 11 as
shown below:
Bid Group#AztecBrightViewCielo AzulTerracare
4$603,636$601,075.32$630,692.40$654,763.16
8$538,608$532,231.22$550,408$577,980.12
11$667,764$648,652.38No bid$699,660.04
WHEREAS,based on available resources,the City reduced andBrightViewagreed to
reduce the landscape maintenance services for Open Space District 2in Bid Group 4, with a
commensurate reduction in annual costs from $11,034to $3,488(representing a reduction of
$7,546); and
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WHEREAS,the following table reflects the final contract with BrightView:
BidBrightViewBrightView
GroupOriginal Bid Final Contract Difference
4$ 601,075 $ 593,530 $ 7,546
8$ 532,231 $ 532,231 $ -
11$ 648,652 $ 648,652 $ -
Total$ 1,781,959 $ 1,774,413 $ 7,546
NOW, THEREFORE, BE IT RESOLVED bythe City Council of theCity of Chula Vista
that it accepts the bids and awards the open space landscape maintenance contract for Bid
Groups 4, 8, and 11to BrightView Chargers, Inc. d/b/a Brightview Landscape Services in the
amount of $1,774,413.
BE IT FURTHER RESOLVEDby the City Council of theCity of Chula Vista that it
approves the City of Chula Vista Contractor Services Agreement with BrightViewLandscape
Services to provide Landscape Maintenance 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 to execute the
same.
Presented by Approved as to form by
___________________________________________________
Iracsema QuilantanGlen R. Googins
Director of Public Works City Attorney
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RESOLUTION NO. 2019-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
LANDSCAPE MAINTENANCE CONTRACTBETWEEN THE
CITY AND GEOCAL ENVIRONMENTAL MANAGEMENT &
LANDSCAPINGFOROPENSPACELANDSCAPE
MAINTENANCE SERVICES IN BID GROUP9(OPEN SPACE
DISTRICTS 5, 6, 9, 10, AND 11) IN THE AMOUNT OF
$169,861
WHEREAS,the City currently administers and maintains 50Open Space Districts,
Maintenance Community Facilities Districts, and their associated zones(collectively the
“Districts”) and levies an annual assessment on property owners within each district to provide
funding for maintenance of common area spaces; and
WHEREAS,the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS,on April 12, 2019,City staff issued a Request for Proposals for landscape
maintenance services for common area spaces within all the Districts; and
WHEREAS,in the Request for Proposal, the common area spaces within the Districts
were placed into 11Bid Groups; and
WHEREAS,a pre-bid meeting was held on April 17, 2019to review and clarify bid
requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid
Group to the lowest most competent and qualified bidder for eachBid Group; and
WHEREAS,on May 1, 2019,City staff received responsive bids from Aztec
Landscaping, Inc., GeoCal Environmental Management& Landscaping (“GeoCal”), and
Terracare, LLCrespectively for Bid Group 9as shown below:
Bid Group #AztecGeoCalTerracare
9$264,876$207,907.59$274,376.89
WHEREAS,based on available resources,the City reduced andGeoCal Environmental
Management& Landscapingagreed to reduce maintenance services for Open Space District 9
and eliminate landscape services in Open Space District 26, within Bid Group 9, with a
commensurate reduction in Bid Group 9 annual costs from $207,907.59 to $169,861.19
(representing a reduction of $38,046); and
WHEREAS,the following table reflects the final contract with GeoCal Environmental
Management:
BidGeoCalGeoCal Final
GroupOriginal Bid ContractDifference
9$ 207,908 $ 169,861 $ 38,046
Total$ 207,908 $ 169,861 $ 38,046
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NOW, THEREFORE, BE IT RESOLVED bythe City Council of theCity of Chula Vista
that it accepts the bids and awards the open space landscape maintenance contract for Bid Group
9 to GeoCal Environmental Management& Landscaping in the amount of $169,861.
BE IT FURTHER RESOLVEDby the City Council of theCity of Chula Vista that it
approves the City of Chula Vista Contractor Services Agreement with GeoCal Environmental
Management& Landscaping to provide Landscape Maintenance 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
to execute the same.
Presented by Approved as to form by
___________________________________________________
Iracsema QuilantanGlen R. Googins
Director of Public Works City Attorney
2019-06-18 Agenda PacketPage 143 of 1481
CITY OF CHULA VISTA
CONTRACTOR SERVICES AGREEMENT
WITHAZTEC LANDSCAPING, INC.
TO PROVIDE LANDSCAPE MAINTENANCE SERVICES
This Agreement is entered into effective as of June 18,2019by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and AZTEC LANDSCAPING, INC., a
California corporation (“Contractor”), (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
R ECITALS
WHEREAS,the City currently administers and maintains 50Open Space Districts,
Maintenance Community Facilities Districts, and their associated zones(collectively the
“Districts”)and levies an annual assessment on property owners within each district to provide
funding for maintenance of common area spaces; and
WHEREAS,the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS,onApril 12, 2019,City staff issued a Request for Proposals for landscape
maintenance services for common area spaces within allthe Districts; and
WHEREAS,in the Request for Proposal, the common area spaces within the Districts
wereplaced into 11Bid Groups; and
WHEREAS,a pre-bid meeting was held on April 17, 2019 to review and clarify bid
requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid
Group to the lowest most competent and qualified bidder for eachBid Group; and
WHEREAS,on May 1, 2019,City staff received responsivebidsfrom Aztec
Landscaping, Inc., BrightViewChargers, Inc. d/b/a Brightview Landscape Services, Cielo Azur,
Inc., and Terracare, LLC respectively for the various bid groups as shown below:
Bid Group #AztecBrightViewCielo AzulTerracare
1$844,584$894,617.84No bid$997,734.29
2$220,956No bidNo bid$225,690.32
3$474,288No bid$489,892.75$486,720.00
5$615,756No bid$619,108.22$685,942.57
6$1,219,728$1,228,416.47No bid$1,306,860.16
7$434,724No bid$450,976.75$498,867.23
10$464,856No bidNo bid$486,719.64
WHEREAS,based on available resources staff worked with Aztec Landscaping, Inc. to
reduce the landscape services for Open Space Districts 15 and 24in Group 5 and Open Space
Districts 3 and 8 in Group 10, with a commensurate reductionin annual costs from $121,344to
$73,572 collectively (representing a reduction of $47,772); and
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WHEREAS,the following table reflects the final contract with Aztec Landscaping, Inc.:
BidAztec Original Aztec Final
GroupBidContractDifference
1$ 844,584 $ 844,584 $-
2$ 220,956 $ 220,956 $-
3$ 474,288 $ 474,288 $-
5$ 615,756 $ 604,596 $ 11,160
6$ 1,219,728 $ 1,219,728 $-
7$ 434,724 $ 434,724 $-
10$ 464,856 $ 428,244 $ 36,612
Total$ 4,274,892 $ 4,227,120 $47,772
WHEREAS,after compilation of the bids staff determined Aztec Landscaping, Inc. to be
the lowest responsive bidder for Bid Groups 1, 2, 3, 5, 6, 7, and 10; and
WHEREAS,staff recommended that the City Council accept the bids and award the
landscape maintenance contract for Bid Groups 1, 2, 3, 5, 6, 7, and 10to Aztec Landscaping, Inc.
forFiscal Year 2019/2020 (July 1, 2019 to June 30, 2020); and
WHEREAS,the City Council accepted the bids and awarded the landscape maintenance
contract for Bid Groups 1, 2, 3, 5, 6, 7, and 10to Aztec Landscaping, Inc. on June 18, 2019; and
WHEREAS, the initial term for the Open Space landscape maintenance contract for Bid
Groups 1, 2, 3, 5, 6, 7, and 10is from July 1, 2019 through June 30, 2020 and, upon satisfactory
work performance, the parties may mutually agree to extend the contract for up to four (4)
additional one (1) year periods from July 1 to June 30as provided in this Agreement; and
WHEREAS,the Contractor warrants and represents that it can deliver the services
required of Contractor to City in accordance with the time frames and the terms and conditions
of this Agreement.
\[End of Recitals. Next Page Starts Obligatory Provisions.\]
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O BLIGATORY P ROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained
herein, and other good and valuable considerations, the receipt and sufficiency of which the
Parties hereby acknowledge, City and Contractor hereby agree as follows:
1.SERVICES
1.0.Contract Documents. This Agreement consists of the following contract documents
(“Contract Documents”), all of which are incorporated into and made a part of this
Agreement as if set forth in full:
1.0.1. This Agreement and all exhibits hereto, and any change orders, amendments,
and supplemental agreements duly authorized and executed by authorized
representatives of the City and Contractor.
1.0.2. All permits for the performance of the Required Services.
1.0.3. The Public Works Department, Open Space Division, and Landscape
Maintenance Performance Standards.
1.0.4. The City of Chula Vista’s Standard Special Provisions, Standard Special
Provisions (“Greenbook”), Special Provisions, and Standard Plans.
1.0.5.All referenced specifications, plans, and materials.
1.0.6. The Request for Bid and Bid General Provisions.
1.0.7. The Contractor’s bid documents submitted in response to the Request for Bid,
and any post-bid documentation submittedand accepted bythe Cityprior to the award
of the Agreement.
If there is a conflict, inconsistency, or ambiguity in or between any term or condition in the
Contract Documents, the document highest in the order of precedenceas set forth aboveshall
control.
1.1.Required Services. Contractor agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached ExhibitA, incorporated into the Agreement
by this reference, within the time frames set forth therein, time being of the essence for this
Agreement. The services and/or Deliverables described in Exhibit A shall be referred to
herein as the “Required Services.”
1.2.Reductions in Scope of Work. City may independently, or upon request from
Contractor/Service Provider, from time to time, reduce the Required Services to be
performed by the Contractor/Service Provider under this Agreement. Upon doing so, City
and Contractor/Service Provider agree to meet and confer in good faith for the purpose of
negotiating a corresponding reduction in the compensation associated with the reduction.
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1.3.Additional Services.Subject to compliance with the City’s Charter, codes, policies,
procedures and ordinances governing procurement and purchasing authority, City may
request Contractor/Service Provider provide additional services related to the Required
Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the
Additional Services. Unless otherwise agreed, compensation for the Additional Services shall
be charged and paid consistent with the rates and terms already provided therein. Once
added to Exhibit A, “Additional Services” shall also become “Required Services” for
purposes of this Agreement.
1.4.Standard of Care.Contractor expressly warrants and agrees that any and all hereunder
shall be performed in accordance with the highest standard of care exercised by members of
the profession currently practicing under similar conditions and in similar locations.
1.5.No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Contractor of responsibility for
complying with all laws, codes, industry standards, and liability for damages caused by
negligent acts, errors, omissions, noncompliance with industry standards, or the willful
misconduct of the Contractor or its subcontractors.
1.6.Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor to provide additional security for performance of its duties under this Agreement,
Contractor shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by
the City Attorney.
1.7.Compliance with Laws.In its performance of the Required Services, Contractor
shall comply with any and all applicable federal, state and local laws, including the Chula
Vista Municipal Code.
1.8.Business License.Prior to commencement of work, Contractor shall obtain a business
license from City.
1.9.Subcontractors. Prior to commencement of any work, Contractor shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor
in the performance of the Required Services. Contractor agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor to
complete its obligations under this Agreement comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is
expectedto fulfill any responsibilities of the Contractor under this Agreement, Contractor
shall ensure that each and every subcontractor carries out the Contractor’s responsibilities as
set forth in this Agreement.The Contractor is fully responsible for the acts and omissions of
all subcontractors of every tier for the Project (as defined in Exhibit A), and for all persons
and entities either directly or indirectly employed by or under the control of any
subcontractor in the same manner and to the same extent that Contractor is responsible for
the acts and omissions of persons directly employed by it or under its control pursuant to this
Agreement.
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1.9.1.Subcontract Indemnity. Contractor shall require all subcontracts for the Project
to obligate each subcontractor, with respect to the work to be performed under that
subcontract, to defend, indemnify, protect, and hold harmless the Indemnified Parties (as
defined in Section 4.1) in the same manner and to the same extent that Contractor is required
to defend, indemnify, protect, and hold harmless the Indemnified Parties under this
Agreement.
1.9.2.Subcontract Insurance. Contractor shall require all subcontracts for the Project
to obligate each subcontractor, with respect to the work to be performed under that
subcontract, to procure and maintain insurance in the same manner and to the same extent
that Contractor is required to procure and maintain insurance under the Agreement, including
without limitation naming the City, its officers, officials, employees, and volunteers as
additional insureds.
1.9.3.Subcontractor Licensure. Contractor shall require all subcontractors for the
Project to be appropriately licensed before commencing work for the Project, and to remain
licensed for the duration of their work performed under the subcontract. In the event that a
subcontractor is not properly licensed at any time during the Project, Contractor shall
immediately cease payment to that subcontractor and Contractor shall return to the City any
payment made to that subcontractor for work performed during the period for which the
subcontractor was not licensed.
1.9.4.Subcontractor Payments. Contractor shall pay its subcontractors for the Project
not later than seven (7) days after receipt of each progress paymentreceived in accordance
with the provision in Section 7108.5 of the California Business and Professions Code. Any
delay or postponement of payment may take place only for good cause and with the City’s
prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor
and its respective subcontractors to the penalties, sanctions, and other remedies of that
section.
1.10.Term. This Agreement shall commence on the earlier to occur of the Effective Date
or Contractor’s commencement of the Required Services hereunder, and shall terminate
when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2.COMPENSATION
2.1.General. For satisfactory performance of the Required Services, City agrees to
compensate Contractor in the amount(s) and on the terms set forth in Exhibit A, Section 4.
Standard terms for billing and payment are set forth in this Section 2.
2.2.Detailed Invoicing.Contractor agrees to provide City with a detailed invoice and
required documents for services performed each month, within thirty (30) days of the end of
the month in which the services were performed, unless otherwise specified in Exhibit A.
Invoicing shall begin on the first of the month following the Effective Date of the
Agreement. All charges must be presented in a line item format with each task separately
explained in reasonable detail. Each invoice shall include the current monthly amount being
billed, the amount invoiced to date, and the remaining amount available under any approved
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budget. Contractor must obtain prior written authorization from City for any fees or expenses
that exceed the estimated budget.
2.3.Payment to Contractor. Upon receipt of a properly prepared invoice and confirmation
that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in ExhibitA and section 2.4, below. At
City’s discretion, invoices not timely submitted may be subject to a penalty of up to five
percent (5%) of the amount invoiced.
2.4.Retention Policy.City shall retain ten percent (10%) of the amount due for Required
Services detailed on each invoice (the “holdback amount”). Upon City review and
determination of Project Completion, the holdback amount will be issued to Contractor.
2.5.Reimbursement of Costs. City may reimburse Contractor’s out-of-pocket costs
incurred by Contractor in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor shall be
responsible for any and all out-of-pocket costs incurred by Contractor in the performance of
the Required Services.
2.6.Exclusions.City shall not be responsible for payment to Contractor for any fees or
costs in excess of any agreed upon budget, rate, or other maximum amount(s) provided for in
Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective
Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful
misconduct of Contractor, its agents, employees, or subcontractors.
2.7.Payment Not Final Approval. Contractor understands and agrees that payment to the
Contractor or reimbursement for any Contractor costs related to the performance of Required
Services does not constitute a City final decision regarding whether such payment or cost
reimbursement is allowable and eligible for payment under this Agreement, nor does it
constitute a waiver of any violation by Contractor of the terms of this Agreement. If City
determines that Contractor is not entitled to receive any amount of compensation already
paid, City will notify Contractor in writing and Contractor shall promptly return such
amount.
3.INSURANCE
3.1.Required Insurance. Contractor must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after
completion of Required Services, the policies of insurance described on the attached Exhibit
B, incorporated into the Agreement by this reference (the “Required Insurance”). The
Required Insurance shall also comply with all other terms of this Section.
3.2.Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentions
relating to the RequiredInsurance must be disclosed to and approved by City in advance of
the commencement of work.
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3.3.Standards for Insurers. Required Insurance must be placed with licensed insurers
admitted to transact business in the State of California with a current A.M. Best’s rating of A
V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s
rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the
State Compensation Fund is also acceptable.
3.4.Subcontractors. Contractor must include and/or require to be included all
subcontractors of every tier as insureds under its policies and/or furnish separate certificates
and endorsements demonstrating separate coverage for those not under its policies. Any
separate coverage for subcontractors of every tier must also comply with the terms of this
Agreement.
3.5.Additional Insureds. City, its officers, officials, employees, agents, and volunteers
must be named as additional insureds with respect to any policy of general liability,
automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be
specified by City’s Risk Manager. The general liability additional insured coverage must be
provided in the form of an endorsement to the Contractor’s insurance using ISO CG 2010
(11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations
coverage.
3.6.General Liability Coverage to be “Primary”.Contractor’s general liability coverage must
be primary insurance as it pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers is wholly separate from the insurance provided by Contractor and
in no way relieves Contractor from its responsibility to provide insurance.
3.7.No Cancellation.No Required Insurance policy may be canceled by either Party during
the required insured period under this Agreement, except after thirty days’ prior written
notice to the City by certified mail, return receipt requested. Prior to the effective date of any
such cancellation Contractor must procure andput into effect equivalent coverage(s).
3.8.Waiver of Subrogation. Contractor’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition,
Contractor waives any right it may have or may obtain to subrogation for a claim against
City.
3.9.Verification of Coverage. Prior to commencement of any work, Contractor shall
furnish City with original certificates of insurance and any amendatory endorsements
necessary to demonstrate to City that Contractor has obtained the Required Insurance in
compliance with the terms of this Agreement. The words “will endeavor” and “but failure to
mail such notice shall impose no obligation or liability of any kind upon the company, its
agents,or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
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3.10.Claims-Made Policy Requirements. If General Liability, Pollution and/or Asbestos
Pollution Liability and/or Errors & Omissions coverage are required and are provided on a
claims-made form, the following requirements also apply:
a.The “Retro Date” must be shown, and must be before the date of this Agreement
or the beginning of the work required by this Agreement.
b.Insurance must be maintained, and evidence of insurance must be provided, for at
least five (5) years after completion of the work required by this Agreement.
c.If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a “RetroDate” prior to the effective date of this Agreement, the
Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of
five (5) years after completion of the work required by this Agreement.
d.A copy of the claims reporting requirements must be submitted to the City for
review.
3.11.Not a Limitation of Other Obligations. Insurance provisions under this section shall
not be construed to limit the Contractor/Service Provider’s obligations under this Agreement,
including Indemnity.
3.12.Additional Coverage. To the extent that insurance coverage provided by Contractor
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
4.INDEMNIFICATION
4.1.General. To the maximum extent allowed by law, Contractor shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims,
demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court
costs), liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to any alleged acts, omissions,
negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services,
the results of such performance,or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence,
active negligence, or willful misconduct of the Indemnified Parties. Also covered is liability
arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the Indemnified Parties which may be in combination with the
active or passive negligent acts or omissions of the Contractor, its employees, agents or
officers, or any third party.
4.2.Modified Indemnity Where Agreement Involves Design Professional Services.
Notwithstanding the forgoing, if the services provided under this Agreement are design
professional services, as defined by California Civil Code section 2782.8, as may be
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amended from time to time, the defense and indemnity obligation under Section 1, above,
shall be limited to the extent required by California Civil Code section 2782.8.
4.3.Costs of Defense and Award. Included in Contractor’s obligations under this Section
4 is Contractor’s obligation to defend, at Contractor’s own cost, expense and risk, any and all
suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor shall pay
and satisfy any judgment, award or decree thatmay be rendered against one or more of the
Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4.Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor’s
obligations under this Section4 shall not be limited to insurance proceeds, if any, received by
the Indemnified Parties, or by any prior or subsequent declaration by the Contractor.
Furthermore, Contractor’s obligations under this Section 4 shall in no way limit, modify or
excuse any of Contractor’s other obligations or duties under this Agreement.
4.5.Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City
incurs in enforcing Contractor’s obligations under this Section 4.
4.6.Survival. Contractor’s obligations under this Section 4 shall survive the termination
of this Agreement.
5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1.Form 700 Filing.The California Political Reform Act and the Chula Vista Conflict of
Interest Code require certain government officials and Contractor performing work for
government agencies to publicly disclose certain of their personal assets and income using a
Statement of Economic Interests form (Form 700). In order to assure compliance with these
requirements, Contractor shall comply with the disclosure requirements identified in the
attached Exhibit C, incorporated into the Agreement by this reference.
5.2.Disclosures; Prohibited Interests.Independent of whether Contractor is required to file
a Form 700, Contractor warrants and represents that it has disclosed to City any economic
interests held by Contractor, or its employees or subcontractors who will be performing the
Required Services, in any real property or project which is the subject of this Agreement.
Contractor warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee
or approved subcontractor working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further warrants and represents that no officer or
employee of City has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service
Provider or Contractor’s subcontractors. Contractor further agrees to notify City in the event
any such interest is discovered whether or not such interest is prohibited by law or this
Agreement. For breach or violation of any of these warranties, City shall have the right to
rescind this Agreement without liability.
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6.REMEDIES
6.1.Termination for Cause. If for any reason whatsoever Contractor shall fail to perform
the Required Services under this Agreement in a proper or timely manner, or if Contractor
shall violate any of the other covenants, agreements or conditions of this Agreement (each a
“Default”), in addition to any and all other rights and remedies City may have under this
Agreement, at law or in equity, City shall have the right to terminate this Agreement by
giving five (5) days written notice to Contractor. Such notice shall identify the Default and
the Agreement termination date. If Contractor notifies City of its intent to cure such Default
prior to City’s specified termination date, and City agrees that the specified Default is
capable of being cured, City may grant Contractor up to ten (10) additional days after the
designated termination date to effectuate such cure. In the event of a termination under this
Section 6.1, Contractor shall immediately provide City any and all ”Work Product” (defined
in Section 7 below) prepared by Contractor as part of the Required Services. Such Work
Product shall be City’s sole and exclusive property as provided in Section 7 hereof.
Contractor may be entitled to compensation for work satisfactorily performed prior to
Contractor’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for
such work, and any such compensation shall be reduced by any costs incurred or projected to
be incurred by City as a result of the Default.
6.2.Termination or Suspension for Convenience of City. City may suspend or terminate this
Agreement, or any portion of the Required Services, at any time and for any reason, with or
without cause, or for no reason by giving specific written notice to Contractor/Service
Provider of such termination or suspension at least fifteen (15) days prior to the effective date
thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City.
Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work
satisfactorily performed as of the date of the termination/suspension notice plus any
additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3.Waiver of Claims. In the event City terminates the Agreement in accordance with the
terms of this Section, Contractor hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4.Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the
provisions of which, including such policies and procedures used by City in the
implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
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6.5.Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to
this Agreement shall be brought only in San Diego County, State of California.
6.6.Service of Process.Contractor agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limitedliability company,
or partnership that is not registered with the California Secretary of State, Contractor
irrevocably consents to service of process on Contractor/Service Provider by first class mail
directed to the individual and address listed under “For Legal Notice,” in section 1.B. of
Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7.OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems,
and any other materials or properties produced in whole or in part under this Agreement in
connection with the performance of the Required Services (collectively “Work Product”)
shall be the sole and exclusive property of City. No suchWork Product shall be subject to
private use, copyrights, or patent rights by Contractor in the United States or in any other
country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or
in part, any such Work Product, without requiring any permission of Contractor, except as
may be limited by the provisions of the Public Records Act or expressly prohibited by other
applicable laws. With respect to computer files containing data generated as Work Product,
Contractor shall make available to City, upon reasonable written request by City, the
necessary functional computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
8.GENERAL PROVISIONS
8.1.Reserved.
8.2.Assignment. City would not have entered into this Agreement but for Contractor’s
unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities
under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition, or deny in its sole discretion.
8.3.Authority. The person(s) executing this Agreement for Contractor warrants and
represents that they have the authority to execute same on behalf of Contractor and to bind
Contractor to its obligations hereunder without any further action or direction from
Contractor or any board, principal, or officer thereof.
8.4.Counterparts.This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which shall constitute one Agreement after each Party has
signed such a counterpart.
8.5.Entire Agreement. This Agreement together with all exhibits attached hereto and
other agreements expressly referred to herein, constitutes the entire Agreement between the
Parties with respect to the subject matter contained herein. All exhibits referenced herein
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shall be attached hereto and are incorporated herein by reference. All prior or
contemporaneous agreements, understandings, representations, warranties and statements,
oral or written, are superseded.
8.6.Record Retention. During the course of the Agreement and for three (3) years
following completion of the Required Services, Contractor agrees to maintain, intact and
readily accessible, all data, documents, reports, records, contracts, and supporting materials
relating to the performance of the Agreement, including accounting for costs and expenses
chargedto City, including such records in the possession of subcontractors of every tier.
8.7.Further Assurances. The Parties agree to perform such further acts and to execute and
deliver such additional documents and instruments as may be reasonably requiredin order to
carry out the provisions of this Agreement and the intentions of the Parties.
8.8.Independent Contractor. Contractor is and shall at all times remain as to City a wholly
independent contractor. Neither City nor any of its officers, employees, agents, or volunteers
shall have control over the conduct of Contractor/Service Provider or any of Contractor’s
officers, employees, or agents (“Contractor Related Individuals”), except as set forth in this
Agreement. No Contractor Related Individuals shall be deemed employees of City, and none
of them shall be entitled to any benefits to which City employees are entitled, including but
not limited to overtime, retirement benefits, worker's compensation benefits, injury leave, or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social
security tax or any other payroll tax with respect to any Contractor Related Individuals;
instead, Contractor/Service Provider shall be solely responsible for the payment of same and
shall hold the City harmless with respect to same. Contractor shall not at any time or in any
manner represent that it or any of its Contractor Related Individuals are employees or agents
of City. Contractor shall not incur or have the power to incur any debt,obligation, or liability
whatsoever against City, or bind City in any manner.
8.9.Notices. All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands, and requests to be sent to any
Party shall be deemed to have been properly given or served if personally served or deposited
in the United States mail, addressed to such Party, postage prepaid, registered or certified,
with return receipt requested, at the addresses identified in this Agreement at the places of
business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in
writing.
8.10.No Waiver. The failure of City to insist, in any one or more instances, upon the
performance of any provisionof the Agreement, or to exercise any right in the Agreement,
shall not be construed as a waiver or relinquishment of such provisions or rights. Any waiver
of any breach of this Agreement shall not be held to be a waiver of any other or subsequent
breach.Any waiver issued by the City of any provision of the Agreement shall only be
effective if issued in writing by the City and shall be specific and apply only to the particular
matter concerned and not to other similar or dissimilar matters.
8.11.NoLimitation. The duties and obligations imposed by this Agreement and the rights
and remedies available hereunder to the parties hereto, and, in particular but without
limitation, the warranties, guarantees, and obligations imposed upon the Agreement or by
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this Agreement and all of the rights and remedies available to City thereunder, are in addition
to, and are not to be construed in any way as a limitation of, any rights and remedies imposed
or available by laws, regulations, or codes, by special warranty or guarantee or by other
provisions of the Contract Documents.
8.12.Severability. If any term or provision or portion of a term or provision of this
Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the
remaining terms and provisions or portions of terms or provisions will not be affected
thereby and will remain in full force and effect.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to be bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
AZTEC LANDSCAPING, INC.CITY OF CHULA VISTA
BY:________________________________BY: ________________________________
RAFAEL A. AGUILARMARY CASILLAS SALAS
VICE PRESIDENT OF OPERATIONSMAYOR
ATTEST
BY:
________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1.Contact People for Contract Administration and Legal Notice
A.City Contract Administration:
Iracsema Quilantan
Director of Public Works
1800 Maxwell Road, Chula Vista, CA 91911
619-397-6066
IQuilantan@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B.Contractor Contract Administration:
AZTEC LANDSCAPING, INC.
Rafael A. Aguilar, Vice President of Operations
7980 Lemon Grove Way, Lemon Grove, CA 91945
619-572-4016
rafael@azteclandscaping.com
For Legal Notice Copy to:
Rocio Alcala, Executive Administrative Assistant
7980 Lemon Grove Way, Lemon Grove, CA 91945
619-778-4682
ralcala@azteclandscaping.com
2.Required Services
A.General Description:
The Contractor shallperformlandscapemaintenance and other required services for the
locations identified in Chula Vista’s Open Space Bid Groups 1, 2, 3, 5, 6, 7, and 10, as
amended, in accordance with this Agreement.
The Contractor will furnish all work, materials, equipment, services, and labor necessary to
fully complete landscapemaintenance services of Chula Vista’s Open Space Bid Groups 1, 2,
3, 5, 6, 7, and 10, asamended to (1)reduce landscape maintenance services frequency in
Open Space District 15 in Bid Group 5from once-weekly to twice-monthly, with a
commensurate reduction in annual costs from $11,280 to $5,652; (2)reduce landscape
maintenance services frequency in Open Space District 24in Bid Group 5 from once-weekly
to twice-monthly, with a commensurate reduction in annual costs from $11,556 to $6,024;(3)
reduce landscape maintenance services required staffing in Open Space District 3in Bid
Group10by 33%, with a commensurate reduction in annual costs from $31,944 to $21,648;
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and(4)modifylandscape maintenance services classificationin Open Space District 8 in Bid
Group 10by changing 3.7 acres of Code 3 landscaping to Code 4 landscaping and reducing
maintenance staffing by 25%, with a commensurate reduction in annual costs from $66,564 to
$40,248. All modifications in (1) to (4) shall be in strict accordance with the Contract
Documents.
B.Detailed Description:
The Contractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill,
and services necessary to complete, in a good and workmanlike manner, all landscape
maintenance and other required services described in the Contract Documents (the “Work”).
Contractor shall perform the Work at the locations identified in Bid Groups 1, 2, 3, 5, 6, 7,
and 10, asamended. The parties agree that Bid Groups 1, 2, 3, 5, 6, 7, and 10, areamended as
follows: (1) reduce landscape maintenance services frequency inOpen Space District 15 in
Bid Group 5from once-weekly to twice-monthly, with a commensurate reduction in annual
costs from $11,280 to $5,652; (2)reduce landscape maintenance services frequency in Open
Space District 24in Bid Group 5 from once-weekly to twice-monthly, with a commensurate
reduction in annual costs from $11,556 to $6,024;(3)reduce landscape maintenance services
required staffing in Open Space District 3in Bid Group 10by 33%, with a commensurate
reduction in annual costs from $31,944 to $21,648;and(4)modifylandscape maintenance
servicesclassificationin Open Space District 8 in Bid Group 10by changing 3.7 acres of
Code 3 landscaping to Code 4 landscaping and reducing maintenance staffing by 25%, with a
commensurate reduction in annual costs from $66,564 to $40,248.
3.Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
beginJuly1, 2019and end on June 30, 2020for completion of all Required Services.The
contract term is initially from July 1, 2019 to June 30, 2020.
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4.Compensation:The annual contract amount for completion of the Required Services for the
Termis reflected by group on the table below:
Aztec Landscaping, Inc.
GROUPDISTRICTCONTRACT AMOUNT
1District 1$ 34,284.00
1District 17$ 4,908.00
1District 20 - Zone 2$ 10,512.00
1District 20 - Zone 3$ 19,860.00
1District 20 - Zone 4$ 65,112.00
1District 20 - Zone 5$ 430,164.00
1District 20 - Zone 6$ 110,292.00
1District 20 - Zone 7$ 169,452.00
Subtotal Group 1
$ 844,584.00
2District 31$ 73,584.00
2ELMD - Zone A$ 49,644.00
2ELMD - Zone B$ 48,684.00
2ELMD - Zone D$ 49,044.00
Subtotal Group 2
$ 220,956.00
3CFD 12-M (Improvement Area 1 - Village 7 McMillin)$ 235,320.00
3CFD 12-M (Improvement Area 2 - Village 7 Otay Ranch)$ 238,968.00
Subtotal Group 3
$ 474,288.00
5CFD 08-M (Improvement Area 1 - Village 6 McMillin)$ 256,920.00
5CFD 08-M (Improvement Area 2 - Village 6 Otay Ranch)$ 203,004.00
5District 14$ 132,996.00
5District 15$ 5,652.00
5District 24$ 6,024.00
Subtotal Group 5
$ 604,596.00
6CFD 97-1 Otay Ranch STA-B$ 658,908.00
6CFD 99-2 Otay Ranch Village One West (North Slopes)$ 281,340.00
6CFD 99-2 Otay Ranch Village One West (South Slopes)$ 106,104.00
6Telegraph Canyon Road (I-805 to Rutgers)$ 173,376.00
Subtotal Group 6
$ 1,219,728.00
7CFD 13-M Village 2 (Olympic Pkwy/SantaVenetia)$ 87,072.00
7CFD 13-M Village 2 (SL16, SL22, & SV7)$ 68,028.00
7Olympic Parkway (I-805 to SR-125)$ 279,624.00
Subtotal Group 7
$ 434,724.00
10CFD 07-M (Improvement Area 1 - Eastlake Woods & Vistas)$ 194,100.00
10CFD 07-M (Improvement Area 2 - Land Swap Parcel)$ 58,488.00
10CFD 11-M Rolling Hills Ranch$ 45,576.00
10District 3$ 21,648.00
10District 4$ 68,184.00
10District 8$ 40,248.00
Subtotal Group 10$ 428,244.00
Grand Total$ 4,227,120.00
Payment. As full compensation for completion of the Required Services, the City shall pay the
Contractor for the quantity of line item of work actually performed in accordance with the
Contract Documents. The City’s obligation to pay the Contractor under this Agreement is
subject to and may be offset by charges that may apply to the Contractor under this Agreement.
The line item unit costs aboveshall be firm through June 30, 2020.
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5.Special Provisions:
Security for Performance:Contractor shall procure Performance and Labor and Material Bonds
for the Work that are to be issued by a Surety authorized to transact such business in the State of
California, be listed as approved by the United States Department of Treasury Circular 570, and
whose Underwriting Limitation is sufficient to issue bonds in the amount required by any
contract entered into pursuant to this Notice. Approved listing can be obtained through the
UnitedStatesDepartmentofTreasury’s website
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required
during the course of the Agreement must be renewed and received by the City within fifteen (15)
days prior to expiration and must meet the same criteria. No substitutions shall be allowed.
DIR/Prevailing Wages.Contractor and its subcontractors of every tier are required by the
Contract Documents and Labor Code sections 1771 and 1774 to pay prevailing wages
("Prevailing Wage Rates") to persons employed by them for work in a covered work
classification for the Project. In accordance with the provisions of section 1773 of the Labor
Code, the City has ascertained the general prevailing wage scales applicable to the work to be
done. The prevailing wage scales are those determined by the DIR and are available at theDIR’s
website. Contractor and its subcontractors are required to comply with and are subject to Labor
Code section 1775 (Penalties for Violations). The Contractor who is awarded the Contract and
who intends to use a craft or classification not shown on the general prevailing wage rates
determinations may be required to pay the wage rate of that craft or classification most closely
related to it as shown in the general wage rates determinations effective at the time of the call for
bids.
The Contractor is required to provide with its proposal a list of its subcontractors and the
classifications and wages of its workers. The worker classifications must be compliant with the
specifications of the DIR.
To verify compliance with State prevailing wage requirements, the DIR maintains an online
registry of Contractors to which Contractor will be required to register and submit certified
payrolls. Theproposed services are subject to compliance monitoring and enforcement by the
DIR.
In addition to State andFederal prevailing wage requirements, the following State requirements
apply:
•Labor Code 1810: Hours in legal day’s work;
•Labor Code 1813: Penalty for exceeding legal day’s work; and
•Labor 1815: One and one-half time rate of pay.
The Contractoris required to be in conformance with these sections and all other applicable
Federal, State, and local laws and regulations. Nothing contained above shall be construed to
any way limit Contractor’s obligations to comply with any and all such laws and regulations.
Employment of Apprentices
Contractor and all subcontractors of every tier shall comply with all requirements for
employment of apprentices as provided in the Labor Code and all other applicable laws and
regulationsto employment of apprentices,including but not limited to Labor Code sections
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1777.5, 1777.6, and 1777.7. Information relative to apprenticeship standards, wage schedules,
and other requirements may be obtained from the DIR, the Administrator of Apprenticeships,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch
offices.
The Contractor and all subcontractors of every tier shall comply with and are subject to section
1776 of the Labor Code concerning, among other things, payroll records of wages paid,
inspection, effect of non-compliance, and penalties. Copies of the wage reporting form are
available from Division of Labor Standard Enforcement (DLSE).
Non-Collusion Affidavit. Prior to commencing the Project, Contractor shall provide a fully
executed and properly notarized Non-Collusion Affidavit, attached hereto and incorporated
herein as Exhibit D.
Workers’ Compensation Insurance Declaration. Prior to commencing the Project, Contractor
shall provide a fully executed and properly notarized Workers’ Compensation Insurance
Declaration, attached hereto and incorporated herein as Exhibit E.
OPTIONAL (check if applicable):
Permitted Sub-Contractor/Service Providers: None
Notwithstanding the completion date set forth in Section 3 above, City has option to extend
this Agreement for four (4)additional terms, defined as a one-year increment from July 1 to June
30.The City Manager or Director of Finance/Treasurer shall be authorized to exercise the
option(s) to extend on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein, provided that the amounts
specified in Section 4 above may be increased by up to thechange in the annual San Diego Area
Consumer Price Index, in an amount not to exceed 5%,for each extension. The City shall give
written notice to Contractor of the City’s election to exercise the option to extend via the Notice
of Exercise of Option to Extend document.
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EXHIBIT B
INSURANCE REQUIREMENTS
Contractor shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the
applicable boxes (x):
Type of InsuranceMinimum AmountForm
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injuryLiability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement *Must be primary and must not
or Blanket AI Endorsement for exclude Products/Completed
City*Operations
Waiver of Recovery Endorsement
Automobile Liability$1,000,000per accident for bodily Insurance Services Office Form
injury,includingdeath,andCA 00 01
property damageCode 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’$1,000,000 each accident
Compensation$1,000,000 disease policy limit
Employer’s Liability$1,000,000 disease each employee
Waiver of Recovery Endorsement
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EXHIBIT C
CONTRACTOR CONFLICT OF INTEREST DESIGNATION
12
The Political Reform Actand the Chula Vista Conflict of Interest Code(“Code”) require
designated state and local government officials, including some Contractor/Service Providers, to
make certain public disclosures using a Statement of Economic Interests form (Form 700).Once
filed, a Form 700 is a public document, accessible to any member of the public. In addition,
Contractors designated to file the Form 700 are also required to comply with certain ethics
3
training requirements.
4
A. Contractor ISa corporation or limited liability company and is therefore EXCLUDED
from disclosure.
B. Contractor is NOTa corporation or limited liability company and disclosure designation is
as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-
interest-code.)
NameEmail AddressApplicable Designation
A. Full Disclosure
B. Limited Disclosure(select one or
more of the categories under which the
Contractor shall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who
meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must
file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk
via the City's online filing system, NetFile, within 30 days of the approval of the Agreement.
Additional Form 700 filings will be required annually on April 1 during the term of the Agreement,
and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City
pursuant to the Agreement as full disclosure, limited disclosure, orexcluded from disclosure, based on an
analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or
1Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2Chula Vista Municipal Code §§2.02.010-2.02.040.
3Cal. Gov. Code §§53234, et seq.
th
4CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4
261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental
decision; “individual” does not include corporation or limited liability company).
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anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with
FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please
do not hesitate to contact the City Clerk at (619) 691-5041, or the FPPC at 1-866-ASK-FPPC, or (866)
275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the
written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in
the Code.
Completed by:SamuelO. A. Oludunfe, Open Space Manager
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EXHIBIT D
NON-COLLUSION AFFIDAVIT
To the City of Chula Vista, Director of Public Works:
The undersigned, in submitting a bid for performing the following work by Contract being duly sworn,
deposes and says:
That he/she has not, either directly or indirectly entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit
from any subcontractor or material supplier through any bid depository, the by-laws, rules, and
regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor
or material supplier, which is not processed through said bid depository, or which prevent any
subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept
bids from or through such bid depository in connection with this Contract.
_____________________________________
Business AddressCompany
_____________________________________
Place of ResidenceSignature of Bidder
(Attach Proper Notarization)
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EXHIBIT E
WORKERS’ COMPENSATION INSURANCE DECLARATION
Date:________________________
I am aware of the provisions of Section 3700 of the Labor Code which require everyemployer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this Contract.
_____________________________
Signature
_____________________________
Contractor
_____________________________
StateContractor's License No.
_____________________________
Address
_____________________________
City/State
_____________________________
Phone Number
(Attach Proper Notarization)
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CITY OF CHULA VISTA
CONTRACTOR SERVICES AGREEMENT
WITHBRIGHTVIEW CHARGERS, INC. D/B/A BRIGHTVIEW LANDSCAPE SERVICES
TO PROVIDE LANDSCAPE MAINTENANCE SERVICES
This Agreement is entered into effective as of June 18, 2019 by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and BRIGHTVIEW CHARGERS, INC.
D/B/A BRIGHTVIEW LANDSCAPE SERVICES, a California corporation (“Contractor”),
(collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
R ECITALS
WHEREAS the City currently administers and maintains 50 Open Space Districts,
Maintenance Community Facilities Districts, and their associated zones (collectively the
“Districts”) and levies an annual assessment on property owners within each district to provide
funding for maintenance of common area spaces; and
WHEREAS the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS on April 12, 2019 City staff issued a Request for Proposals for landscape
maintenance services for common area spaces within all the Districts; and
WHEREAS in the Request for Proposal, the common area spaces within the Districts
were placed into 11 Bid Groups; and
WHEREAS a pre-bid meeting was held on April 17, 2019 to review and clarify bid
requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid
Group to the lowest most competent and qualified bidder for each Bid Group; and
WHEREAS on May 1, 2019 City staff received responsive bids fromAztec Landscaping,
Inc.,Brightview Chargers, Inc. D/B/A Brightview Landscape Services (BrightView), Cielo
Azur, Inc., and Terracare, LLC respectively for Bid Groups 4, 8, and 11 as shown below:
Bid Group #AztecBrightViewCielo AzulTerracare
4$603,636$601,075.32$630,692.40$654,763.16
8$538,608$532,231.22$550,408$577,980.12
11$667,764$648,652.38No bid$699,660.04
WHEREAS after compilation of the bids staff determined BrightView to be the lowest
responsive bidder for Bid Groups 4, 8, and 11; and
WHEREAS based on available resources staff worked with BrightView to reduce the
landscape maintenance services for Open Space District 2 in Bid Group 4, with a commensurate
reduction in annual costs from $11,034 to $3,488 (representing a reduction of $7,546); and
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WHEREAS the following table reflects the final contract with BrightView:
BidBrightViewBrightView
GroupOriginal Bid Final Contract Difference
4$ 601,075 $ 593,530 $ 7,546
8$ 532,231 $ 532,231 $-
11$ 648,652 $ 648,652 $-
Total$ 1,781,959 $ 1,774,413 $ 7,546
WHEREAS staff recommended that the City Council accept the bids and award the
landscape maintenance contract for Bid Groups 4, 8, and 11 to BrightView for Fiscal Year
2019/2020 (July 1, 2019 to June 30, 2020); and
WHEREAS the City Council accepted the bids and awarded the landscape maintenance
contract for Bid Groups 4, 8, and 11 to BrightView on June 18, 2019; and
WHEREAS, the initial term for the Open Space landscape maintenance contract for Bid
Groups 4, 8, and 11 is from July 1, 2019 through June 30, 2020 and, upon satisfactory work
performance, the parties may mutually agree to extend the contract for up to four (4) additional
one (1) year periods from July 1 to June 30; and
WHEREAS the Contractor warrants and represents that it can deliver the services
required of Contractor to City in accordance with the time frames and the terms and conditions
of this Agreement.
\[End of Recitals. Next Page Starts Obligatory Provisions.\]
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O BLIGATORY P ROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained
herein, and other good and valuable considerations, the receipt and sufficiency of which the
Parties hereby acknowledge, City and Contractor hereby agree as follows:
1.SERVICES
1.0.Contract Documents. This Agreement consists of the following contract documents
(“Contract Documents”), all of which are incorporated into and made a part of this
Agreement as if set forth in full:
1.0.1. This Agreement and all exhibits hereto, and any change orders, amendments,
and supplemental agreements duly authorized and executed by authorized representatives of
the City and Contractor.
1.0.2. All permits for the Project.
1.0.3. The City of Chula Vista’s Standard Special Provisions, Standard Special
Provisions (“Greenbook”), Special Provisions, and Standard Plans.
1.0.4. All referenced specifications, plans, and materials.
1.0.5. The Project’s Notice to Bidders, Bid Requirements and Conditions, Bid Form,
Special Provisions –General, Special Provisions –Technical, Bid General Provisions, and
Open Space Landscape Maintenance Standards.
1.0.6. The successful bidder’s biddocuments submitted in response to the request for
bid, and any post-bid documentation submitted prior to the award of the Project contract.
1.1.Required Services. Contractor agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached ExhibitA, incorporated into the Agreement
by this reference, within the time frames set forth therein, time being of the essence for this
Agreement. The services and/or Deliverables described in Exhibit A shall be referred to
herein as the “Required Services.”
1.2.Reductions in Scope of Work. City may independently, or upon request from
Contractor/Service Provider, from time to time, reduce the Required Services to be
performed by the Contractor/Service Provider under this Agreement. Upon doing so, City
and Contractor/Service Provider agree to meet and confer in good faith for the purpose of
negotiating a corresponding reduction in the compensation associated with the reduction.
1.3.Additional Services.Subject to compliance with the City’s Charter, codes, policies,
procedures and ordinances governing procurement and purchasing authority, City may
request Contractor/Service Provider provide additional services related to the Required
Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the
Additional Services. Unless otherwise agreed, compensation for the Additional Services shall
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be charged and paid consistent with the rates and terms already provided therein. Once
added to Exhibit A, “Additional Services” shall also become “Required Services” for
purposes of this Agreement.
1.4.Standard of Care.Contractor expressly warrants and agrees that any and all hereunder
shall be performed in accordance with the highest standard of care exercised by members of
the profession currently practicing under similar conditions and in similar locations.
1.5.No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Contractor of responsibility for
complying with all laws, codes, industry standards, and liability for damages caused by
negligent acts, errors, omissions, noncompliance with industry standards, or the willful
misconduct of the Contractor or its subcontractors.
1.6.Security for Performance. In the event that Exhibit ASection 4 indicates the need for
Contractor to provide additional security for performance of its duties under this Agreement,
Contractor shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by
the City Attorney.
1.7.Compliance with Laws.In its performance of the Required Services, Contractor
shall comply with any and all applicable federal, state and local laws, including the Chula
Vista Municipal Code.
1.8.Business License.Prior to commencement of work, Contractor shall obtain a business
license from City.
1.9.Subcontractors. Prior to commencement of any work, Contractor shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor
in the performance of the Required Services. Contractor agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor to
complete its obligations under this Agreement comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is
expected to fulfill any responsibilities of the Contractor under this Agreement, Contractor
shall ensure that each and every subcontractor carries out the Contractor’s responsibilities as
set forth in this Agreement.The Contractor is fully responsible for the acts and omissions of
all subcontractors of every tier for the Project (as defined in Exhibit A), and for all persons
and entities either directly or indirectly employed by or under the control of any
subcontractor in the same manner and to the same extent that Contractor is responsible for
the acts and omissions of persons directly employed byit or under its control pursuant to this
Agreement.
1.9.1.Subcontract Indemnity. Contractor shall require all subcontracts for the Project
to obligate each subcontractor, with respect to the work to be performed under that
subcontract, to defend, indemnify, protect, and hold harmless the Indemnified Parties (as
defined in Section 4.1) in the same manner and to the same extent that Contractor is required
to defend, indemnify, protect, and hold harmless the Indemnified Parties under this
Agreement.
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1.9.2.Subcontract Insurance. Contractor shall require all subcontracts for the Project
to obligate each subcontractor, with respect to the work to be performed under that
subcontract, to procure and maintain insurance in the same manner and to the same extent
that Contractor is required to procure and maintain insurance under the Agreement, including
without limitation naming the City, its officers, officials, employees, and volunteers as
additional insureds.
1.9.3.Subcontractor Licensure. Contractor shall require all subcontractors for the
Project to be appropriately licensed before commencing work for the Project, and to remain
licensed for the duration of their work performed under the subcontract. In the event that a
subcontractor is not properly licensed at any time during the Project, Contractor shall
immediately cease payment to that subcontractor and Contractor shall return to the City any
payment made to that subcontractor for work performed during the period for which the
subcontractor was not licensed.
1.9.4.Subcontractor Payments. Contractor shall pay its subcontractors for the Project
not later than seven (7) days after receipt of each progress payment received in accordance
with the provision in Section 7108.5 of the California Businessand Professions Code. Any
delay or postponement of payment may take place only for good cause and with the City’s
prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor
and its respective subcontractors to the penalties, sanctions, and other remedies of that
section.
1.10.Term. This Agreement shall commence on the earlier to occur of the Effective Date
or Contractor’s commencement of the Required Services hereunder, and shall terminate
when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2.COMPENSATION
2.1.General. For satisfactory performance of the Required Services, City agrees to
compensate Contractor in the amount(s) and on the terms set forth in Exhibit A, Section 4.
Standard terms for billing and payment are set forth in this Section 2.
2.2.Detailed Invoicing.Contractor agrees to provide City with a detailed invoice and
required documents for services performed each month, within thirty (30) days of the end of
the month in which the services were performed, unless otherwise specified in Exhibit A.
Invoicing shall begin on the first of the month following the Effective Date of the
Agreement. All charges must be presented in a line item format with each task separately
explained in reasonable detail. Each invoice shall include the current monthly amount being
billed, the amount invoiced to date, and the remaining amount available under any approved
budget. Contractor must obtain prior written authorization from City for any fees or expenses
that exceed the estimated budget.
2.3.Payment to Contractor. Upon receipt of a properly prepared invoice and confirmation
that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in ExhibitA and section 2.4, below. At
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City’s discretion, invoices not timely submitted may be subject to a penalty of up to five
percent (5%) of the amount invoiced.
2.4.Retention Policy.City shall retain ten percent (10%) of the amount due for Required
Services detailed on each invoice (the “holdback amount”). Upon City review and
determination of Project Completion, the holdback amount will be issued to Contractor.
2.5.Reimbursement of Costs. City may reimburse Contractor’s out-of-pocket costs
incurred by Contractor in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor shall be
responsible for any and all out-of-pocket costs incurred by Contractor in the performance of
the Required Services.
2.6.Exclusions.City shall not be responsible for payment to Contractor for any fees or
costs in excess of any agreed upon budget, rate, or other maximum amount(s) provided for in
Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective
Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful
misconduct of Contractor, its agents, employees, or subcontractors.
2.7.Payment Not Final Approval. Contractor understands and agrees that payment to the
Contractor or reimbursement for any Contractor costs related to the performance of Required
Services does not constitute a City final decision regarding whether such payment or cost
reimbursement is allowable and eligible for payment under this Agreement, nor does it
constitute a waiver of any violation by Contractor of the terms of this Agreement. If City
determines that Contractor is not entitled to receive any amount of compensation already
paid, City will notify Contractor in writing and Contractor shall promptly return such
amount.
3.INSURANCE
3.1.Required Insurance. Contractor must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after
completion of Required Services, the policies of insurance described on the attached Exhibit
B, incorporated into the Agreement by this reference (the “Required Insurance”). The
Required Insurance shall also comply with all other terms of this Section.
3.2.Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentions
relating to the Required Insurance must be disclosed to and approved by City in advance of
the commencement of work.
3.3.Standards for Insurers. Required Insurance must be placed with licensed insurers
admitted to transact business in the State of California with a current A.M. Best’s rating of A
V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI)with a current A.M. Best’s
rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the
State Compensation Fund is also acceptable.
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3.4.Subcontractors. Contractor must include and/or require to be included all
subcontractorsof every tier as insureds under its policies and/or furnish separate certificates
and endorsements demonstrating separate coverage for those not under its policies. Any
separate coverage for subcontractors of every tier must also comply with the terms of this
Agreement.
3.5.Additional Insureds. City, its officers, officials, employees, agents, and volunteers
must be named as additional insureds with respect to any policy of general liability,
automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be
specified by City’s Risk Manager. The general liability additional insured coverage must be
provided in the form of an endorsement to the Contractor’s insurance using ISO CG 2010
(11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations
coverage.
3.6.General Liability Coverage to be “Primary”.Contractor’s general liability coverage must
be primary insurance as it pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers is wholly separate from the insurance provided by Contractor and
in no way relieves Contractor from its responsibility to provide insurance.
3.7.No Cancellation.No Required Insurance policy may be canceled by either Party during
the required insured period under this Agreement, except after thirty days’ prior written
notice to the City by certified mail, return receipt requested. Prior tothe effective date of any
such cancellation Contractor must procure and put into effect equivalent coverage(s).
3.8.Waiver of Subrogation. Contractor’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition,
Contractor waives any right it may have or may obtain to subrogation for a claim against
City.
3.9.Verification of Coverage. Prior to commencement of any work, Contractor shall
furnish City with original certificates of insurance and any amendatory endorsements
necessary to demonstrate to City that Contractor has obtained the Required Insurance in
compliance with the terms of this Agreement. The words “will endeavor” and “but failure to
mail such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The
Cityreserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
3.10.Claims-Made Policy Requirements. If General Liability, Pollution and/or Asbestos
Pollution Liability and/or Errors & Omissions coverage are required and are provided on a
claims-made form, the following requirements also apply:
a.The “Retro Date” must be shown, and must be before the date of this Agreement
or thebeginning of the work required by this Agreement.
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b.Insurance must be maintained, and evidence of insurance must be provided, for at
least five (5) years after completion of the work required by this Agreement.
c.If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a “Retro Date” prior to the effective date of this Agreement, the
Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of
five (5) years after completion of thework required by this Agreement.
d.A copy of the claims reporting requirements must be submitted to the City for
review.
3.11.Not a Limitation of Other Obligations. Insurance provisions under this section shall
not be construed to limit the Contractor/Service Provider’s obligations under this Agreement,
including Indemnity.
3.12.Additional Coverage. To the extent that insurance coverage provided by Contractor
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
4.INDEMNIFICATION
4.1.General. To the maximum extent allowed by law, Contractor shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims,
demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court
costs), liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to any alleged acts, omissions,
negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and
contractors, arising out of or in connectionwith the performance of the Required Services,
the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence,
active negligence, or willfulmisconduct of the Indemnified Parties. Also covered is liability
arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the Indemnified Parties which may be in combination with the
active orpassive negligent acts or omissions of the Contractor, its employees, agents or
officers, or any third party.
4.2.Modified Indemnity Where Agreement Involves Design Professional Services.
Notwithstanding the forgoing, if the services provided under this Agreement are design
professional services, as defined by California Civil Code section 2782.8, as may be
amended from time to time, the defense and indemnity obligation under Section 1, above,
shall be limited to the extent required by California Civil Code section 2782.8.
4.3.Costs of Defense and Award. Included in Contractor’s obligations under this Section
4 is Contractor’s obligation to defend, at Contractor’s own cost, expense and risk, any and all
suits, actions or other legal proceedings that may be brought or instituted against one or more
of theIndemnified Parties. Subject to the limitations in this Section 4, Contractor shall pay
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and satisfy any judgment, award or decree that may be rendered against one or more of the
Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4.Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by
the Indemnified Parties, or by any prior or subsequent declaration by the Contractor.
Furthermore, Contractor’s obligations under this Section 4 shall in no way limit, modify or
excuse any of Contractor’s other obligations or duties under this Agreement.
4.5.Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City
incurs in enforcing Contractor’s obligations under this Section 4.
4.6.Survival. Contractor’s obligations under this Section 4 shall survive the termination
of this Agreement.
5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1.Form 700 Filing.The California Political Reform Act and the Chula Vista Conflict of
Interest Code require certain government officials and Contractor performing work for
government agencies to publicly disclose certain of their personal assets and income using a
Statement of Economic Interests form (Form 700). In order to assure compliance with these
requirements, Contractor shall comply with the disclosure requirements identified in the
attached Exhibit C, incorporated into the Agreement by this reference.
5.2.Disclosures; Prohibited Interests.Independent of whether Contractor is required to file
a Form 700, Contractor warrants and represents that it has disclosed to City any economic
interests held by Contractor, or its employees or subcontractors who will be performing the
Required Services, in any real property or project which is the subject of this Agreement.
Contractor warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee
or approved subcontractor working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further warrants and represents that no officer or
employee of City has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service
Provider or Contractor’s subcontractors. Contractor further agrees to notify City in the event
any such interest is discovered whether or not such interest is prohibited by law or this
Agreement. For breach or violation of any of these warranties, City shall have the right to
rescind this Agreement without liability.
6.REMEDIES
6.1.Termination for Cause. If for any reason whatsoever Contractor shall fail to perform
the Required Services under this Agreement in a proper or timely manner, or if Contractor
shall violate any of the other covenants, agreements or conditions of this Agreement (each a
“Default”), in addition to any and all other rights and remedies City may have under this
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Agreement, at law or in equity, City shall have the right to terminate this Agreement by
giving five (5) days written notice to Contractor. Such notice shall identify the Default and
the Agreement termination date. If Contractor notifies City of its intent to cure such Default
prior to City’s specified termination date, and City agrees that the specified Default is
capable of being cured, City may grant Contractor up to ten (10) additional days after the
designated termination date to effectuate such cure. In the event of a termination under this
Section 6.1, Contractor shall immediately provide City any and all ”Work Product” (defined
in Section 7 below) prepared by Contractor as part of the Required Services. Such Work
Product shall be City’s sole and exclusive property as provided in Section 7 hereof.
Contractor may be entitled to compensation for work satisfactorily performed prior to
Contractor’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for
such work, and any such compensation shall be reduced by any costs incurred or projected to
be incurred by City as a result of the Default.
6.2.Termination or Suspension for Convenience of City. City may suspend or terminate this
Agreement, or any portion of the Required Services, at any time and for any reason, with or
without cause, or for no reason by giving specific written notice to Contractor/Service
Provider of such termination or suspension at least fifteen (15) days prior to the effective date
thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City.
Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work
satisfactorily performed as of the date of the termination/suspension notice plus any
additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3.Waiver of Claims. In the event City terminates the Agreement in accordance with the
terms of this Section, Contractor hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4.Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the
provisions of which, including such policies and procedures used by City in the
implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5.Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to
this Agreement shall be brought only in San Diego County, State of California.
6.6.Service of Process.Contractor agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company,
or partnership that is not registered with the California Secretary of State, Contractor
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irrevocably consents to service of process on Contractor/Service Provider by first class mail
directed to the individual and address listed under “For Legal Notice,” in section 1.B. of
Exhibit A to this Agreement, and that such service shall be effective five daysafter mailing.
7.OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems,
and any other materials or properties produced in whole or in part under this Agreement in
connection with the performance of the Required Services (collectively “Work Product”)
shall be the sole and exclusive property of City. No such Work Product shall be subject to
private use, copyrights, or patent rights by Contractor in the United States or in any other
country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or
in part, any such Work Product, without requiring any permission ofContractor, except as
may be limited by the provisions of the Public Records Act or expressly prohibited by other
applicable laws. With respect to computer files containing data generated as Work Product,
Contractor shall make available to City, upon reasonable written request by City, the
necessary functional computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
8.GENERAL PROVISIONS
8.1.Reserved.
8.2.Assignment. City would not have entered into this Agreement but for Contractor’s
unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities
under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition, or deny in its sole discretion.
8.3.Authority. The person(s) executing this Agreement for Contractor warrants and
represents that they have the authority to execute same on behalf of Contractor and to bind
Contractor to its obligations hereunder without any further action or direction from
Contractor or any board, principal, or officer thereof.
8.4.Counterparts.This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which shall constitute one Agreement after each Party has
signed such a counterpart.
8.5.Entire Agreement. This Agreement together with all exhibits attached hereto and
other agreements expressly referred to herein, constitutes the entire Agreement between the
Parties with respect to the subject matter contained herein. All exhibits referenced herein
shall be attached hereto and are incorporated herein by reference. All prior or
contemporaneous agreements, understandings, representations, warranties and statements,
oral or written, are superseded.
8.6.Record Retention. During the course of the Agreement and for three (3) years
following completion of the Required Services, Contractor agrees to maintain, intact and
readily accessible, all data, documents, reports, records, contracts, and supporting materials
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relating to the performance of the Agreement, including accounting for costs and expenses
chargedto City, including such records in the possession of subcontractors of every tier.
8.7.Further Assurances. The Parties agree to perform such further acts and to execute and
deliver such additional documents and instruments as may be reasonably requiredin order to
carry out the provisions of this Agreement and the intentions of the Parties.
8.8.Independent Contractor. Contractor is and shall at all times remain as to City a wholly
independent contractor. Neither City nor any of its officers, employees, agents, or volunteers
shall have control over the conduct of Contractor/Service Provider or any of Contractor’s
officers, employees, or agents (“Contractor Related Individuals”), except as set forth in this
Agreement. No Contractor Related Individuals shall be deemed employees of City, and none
of them shall be entitled to any benefits to which City employees are entitled, including but
not limited to overtime, retirement benefits, worker's compensation benefits, injury leave, or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social
security tax or any other payroll tax with respect to any Contractor Related Individuals;
instead, Contractor/Service Provider shall be solely responsible for the payment of same and
shall hold the City harmless with respect to same. Contractor shall not at any time or in any
manner represent that it or any of its Contractor Related Individuals are employees or agents
of City. Contractor shall not incur or have the power to incur any debt,obligation, or liability
whatsoever against City, or bind City in any manner.
8.9.Notices. All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands, and requests to be sent to any
Party shall be deemed to have been properly given or served if personally served or deposited
in the United States mail, addressed to such Party, postage prepaid, registered or certified,
with return receipt requested, at the addresses identified in this Agreement at the places of
business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in
writing.
8.10.No Waiver. The failure of City to insist, in any one or more instances, upon the
performance of any provisionof the Agreement, or to exercise any right in the Agreement,
shall not be construed as a waiver or relinquishment of such provisions or rights. Any waiver
of any breach of this Agreement shall not be held to be a waiver of any other or subsequent
breach.Any waiver issued by the City of any provision of the Agreement shall only be
effective if issued in writing by the City and shall be specific and apply only to the particular
matter concerned and not to other similar or dissimilar matters.
8.11.NoLimitation. The duties and obligations imposed by this Agreement and the rights
and remedies available hereunder to the parties hereto, and, in particular but without
limitation, the warranties, guarantees, and obligations imposed upon the Agreement or by
this Agreement and all of the rights and remedies available to City thereunder, are in addition
to, and are not to be construed in any way as a limitation of, any rights and remedies imposed
or available by laws, regulations, or codes, by special warranty or guarantee or by other
provisions of the Contract Documents.
8.12.Severability. If any term or provision or portion of a term or provision of this
Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the
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remaining terms and provisions or portions of terms or provisions will not be affected
thereby and will remain in full force and effect.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to be bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
BRIGHTVIEW CHARGERS, INC. D/B/A CITY OF CHULA VISTA
BRIGHTVIEW LANDSCAPE SERVICES
BY:________________________________BY: ________________________________
JEFF HEROLDMARY CASILLAS SALAS
PRESIDENTMAYOR
ATTEST
BY:
________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1.Contact People for Contract Administration and Legal Notice
A.City Contract Administration:
Iracsema Quilantan
Director of Public Works
1800 Maxwell Road, Chula Vista, CA 91911
619-397-6066
IQuilantan@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B.Contractor Contract Administration:
BRIGHTVIEW CHARGERS, INC. D/B/A BRIGHTVIEW LANDSCAPE SERVICES
Jeff Herold, President
980 Jolly Road, Suite 300, Blue Bell, PA 19422
484-567-7202
jeff.herold@brightview.com
For Legal Notice Copy to:
David Howell, Vice President/General Manager
6218 Fairmount Avenue, San Diego, CA 92120
619-665-0430
david.howell@brightview.com
2.Required Services
A.General Description:
The Contractor will furnish all work, materials, equipment, services, and labor necessary to
fully complete landscape maintenance services of Chula Vista’s Open Space Bid Groups 4, 8,
and 11, as amended to reduce landscape maintenance services required staffing in Open Space
District 2 in Bid Group 4 by two-thirds, with a commensurate reduction inannual costs from
$11,033.64 to $3,488.
B.Detailed Description:
The Contractor will perform and complete landscape maintenance services, and all other
required services at various locations throughout the City’s Open Space at the unit prices
contained in Contractor’s submitted bid and this Agreement in strict accordance with the
Contract Documents.
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3.Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
begin July 1, 2019 and end on June 30, 2020 for completion of all Required Services. The
contract term is initially from July 1, 2019 to June 30, 2020. If contractor’s work
performance is satisfactory, the parties may mutually agree in writing to extend the contract
for four (4) additional one (1) year periods. The annual option year renewals would be
effective from July 1 to June 30 -the City’s Fiscal Year. If the contractor’s work
performance is not satisfactory, the City reserves the right to not renew the contract without
penalty. Prices shall be firm through June 30, 2020.
4.Compensation:The annual contract amount is reflected by group on the table below:
BrightView
GROUPDISTRICTCONTRACT AMOUNT
4CFD 98-3 (Sunbow II)$ 471,150.00
4Direct Access Ramp (DAR) West$ 16,598.00
4District 2$ 3,488.00
4District 7$ 11,034.00
4District 18$ 57,170.00
4District 23$ 34,090.00
Subtotal Group 4
$ 593,530.00
8CFD 97-1 Otay Ranch AB$ 280,846.00
8CFD 97-1 Otay Ranch AM$ 251,385.00
Subtotal Group 8
$ 532,231.00
11CFD 09-M (Village 11 - Phase 1 &2)$ 356,317.00
11CFD 09-M (Village 11 - Phase 3)$ 225,900.00
11CFD 14-M (Improvement Area 1 - EUC/Millenia)$ 66,435.00
Subtotal Group 11
$ 648,652.00
Grand Total
$ 1,774,413.00
If the parties agree to extend the contract for the option years, acceptable price increases may be
agreed to in advance of the extension and such increases will be based on changes in the annual
San Diego Area Consumer Price Index, in an amount not to exceed 5%.
*Disclosure:
Payment. As full compensation in consideration of completion of the Required Services in strict
accordance with the Contract Documents and in consideration of the fulfillment of all of the
Contractor’s obligations under the Contract Documents, the City shall pay the Contractor for the
quantity of line item of work actually performed in strict accordance with the Contract
Documents. The City’s obligation to pay the Contractor under this Agreement is subject to and
may be offset by charges that may apply to the Contractor under this Agreement.
5.Special Provisions:
Security for Performance:Contractor shall procure Performance and Labor and Material Bonds
for the Work that are to be issued by a Surety authorized to transact such business in the State of
California, be listed as approved by the United States Department of Treasury Circular 570, and
whose Underwriting Limitation is sufficient to issue bonds in the amount required by any
contract entered into pursuant to this Notice. Approved listing can be obtained through the
UnitedStatesDepartmentofTreasury’s website
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www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required
during the course of the Agreement must be renewed and received by the City within fifteen (15)
days prior to expiration and must meet the same criteria. No substitutions shall be allowed.
DIR/Prevailing Wages.No Contractor or subcontractor shall be qualified to bid on, be listed in a
bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage
in the performance of any contract for public work, unless currently registered with the
Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Labor
Code section 1725.5. No Contractor or subcontractor may be awarded a contract for public work
on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.
The Work is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Contractor and its subcontractors are required by bid specifications and California Labor Code
sections 1771 and 1774 to pay prevailing wages ("Prevailing Wage Rates") to persons employed
by them for work in a covered work classification under this Agreement. In accordance with the
provisions of Section 1773 of the Labor Code of the State ofCalifornia, the City has ascertained
the general prevailing wage scales are applicable to the work to be done. The prevailing wage
scales are those determined by the DIR. If Contractor intends to use a craft or classification not
shown on the general prevailing wage rates determinations, it may be required to pay the wage
rate of that craft or classification most closely related to it as shown in the general wage rates
determinations effective at the time of the call for bids.
Non-Collusion Affidavit. Prior to commencing the Project, Contractor shall provide a fully
executed and properly notarized Non-Collusion Affidavit, attached hereto and incorporated
herein as Exhibit D.
Workers’ Compensation Insurance Declaration. Prior to commencing the Project, Contractor
shall provide a fully executed and properly notarized Workers’ Compensation Insurance
Declaration, attached hereto and incorporated herein as Exhibit E.
OPTIONAL (check if applicable):
Permitted Sub-Contractor/Service Providers: “None”
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EXHIBIT B
INSURANCE REQUIREMENTS
Contractor shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the
applicable boxes (x):
Type of InsuranceMinimum AmountForm
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injuryLiability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement *Must be primary and must not
or Blanket AI Endorsement for exclude Products/Completed
City*Operations
Waiver of Recovery Endorsement
Automobile Liability$1,000,000 per accident for bodily Insurance Services Office Form
injury,includingdeath,andCA 00 01
property damageCode 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’$1,000,000 each accident
Compensation$1,000,000 disease policy limit
Employer’s Liability$1,000,000 disease each employee
Waiver of Recovery Endorsement
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EXHIBIT C
CONTRACTOR CONFLICT OF INTEREST DESIGNATION
12
The Political Reform Actand the Chula Vista Conflict of Interest Code(“Code”) require
designated state and local government officials, including some Contractor/Service Providers, to
make certain public disclosures using a Statement of Economic Interests form (Form 700).Once
filed, a Form 700 is a public document, accessible to any member of the public. In addition,
Contractors designated to file the Form 700 are also required to comply with certain ethics
3
training requirements.
4
A. Contractor ISa corporation or limited liability company and is therefore EXCLUDED
from disclosure.
B. Contractor is NOTa corporation or limited liability company and disclosure designation is
as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-
interest-code.)
NameEmail AddressApplicable Designation
A. Full Disclosure
B. Limited Disclosure(select one or
more of the categories under which the
Contractor shall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who
meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must
file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk
via the City's online filing system, NetFile, within 30 days of the approval of the Agreement.
Additional Form 700 filings will be required annually on April 1 during the term of the Agreement,
and within 30 days of the termination of the Agreement.
3.Filing Designation
The City Department Director will designate each individual who will be providing services to the
City pursuant to the Agreement as full disclosure, limited disclosure, orexcluded from disclosure,
based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding
1Cal. Gov. Code §§81000 etseq.; FPPC Regs. 18700.3 and 18704.
2Chula Vista Municipal Code §§2.02.010-2.02.040.
3Cal. Gov. Code §§53234, et seq.
th
4CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4
261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental
decision; “individual” does not include corporation or limited liability company).
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this designation or anything in the Agreement, the Contractor/Service Provider is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions
regarding filing requirements, please do not hesitate to contact the City Clerk at (619) 691-5041, or
the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the
written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in
the Code.
Completed by:Samuel O. A. Oludunfe, Open Space Manager
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EXHIBIT D
NON-COLLUSION AFFIDAVIT
To the City of Chula Vista, Director of Public Works:
The undersigned, in submitting a bid for performing the following work by Contract being duly sworn,
deposes and says:
That he/she has not, either directly or indirectly entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit
from any subcontractor or material supplier through any bid depository, the by-laws, rules, and
regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor
or material supplier, which is not processed through said bid depository, or which prevent any
subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept
bids from or through such bid depository in connection with this Contract.
_____________________________________
Business AddressCompany
_____________________________________
Place of ResidenceSignature of Bidder
(Attach Proper Notarization)
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EXHIBIT E
WORKERS’ COMPENSATION INSURANCE DECLARATION
Date:________________________
I am aware of the provisions of Section 3700 of the Labor Code whichrequire every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this Contract.
_____________________________
Signature
_____________________________
Contractor
_____________________________
State Contractor's License No.
_____________________________
Address
_____________________________
City/State
_____________________________
Phone Number
(Attach Proper Notarization)
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CITY OF CHULA VISTA
CONTRACTOR SERVICES AGREEMENT
WITHGEOCAL ENVIRONMENTALMANAGEMENT & LANDSCAPING
TO PROVIDE LANDSCAPE MAINTENANCE SERVICES
This Agreement is entered into effective as of June 18, 2019 by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and GEOCAL ENVIRONMENTAL
MANAGEMENT & LANDSCAPING, a California corporation (“Contractor”), (collectively,
the“Parties” and, individually, a “Party”) with reference to the following facts:
R ECITALS
WHEREAS the City currently administers and maintains 50Open Space Districts,
Maintenance Community Facilities Districts, and their associated zones(collectively the
“Districts”)and levies an annual assessment on property owners within each district to provide
funding for maintenance of common area spaces; and
WHEREAS the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS on April 12, 2019 City staff issued a Request for Proposals for landscape
maintenance services for common area spaces within allthe Districts; and
WHEREAS in the Request for Proposal, the common area spaces within the Districts
wereplaced into 11 Bid Groups; and
WHEREAS a pre-bid meeting was held on April 17, 2019 to review and clarify bid
requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid
Group to the lowest most competent and qualified bidder for eachBid Group; and
WHEREASon May 1, 2019 City staff received responsivebidsfrom Aztec Landscaping,
Inc.(Aztec),Geocal Environmental Management & Landscaping(GeoCal), and Terracare, LLC
(Terracare)respectively for Bid Group 9 as shown below:
Bid Group #AztecGeoCalTerracare
9$264,876$207,907.59$274,376.89
WHEREAS after compilation of the bids staff determined GeoCalto be the lowest
responsive bidder for Bid Group9; and
WHEREAS based on available resources staff worked with GeoCal to reduce
maintenance services for Open Space District 9 and eliminate landscape services in Open Space
District 26, within Bid Group 9, with a commensurate reduction in Bid Group 9 annual costs
from $207,907.59 to $169,861.19(representing a reduction of $38,046); and
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WHEREAS the following table reflects the final contract with GeoCal Environmental
Management:
BidGeoCalGeoCal Final
GroupOriginal Bid ContractDifference
9$ 207,908 $ 169,861 $ 38,046
Total$207,908$169,861$38,046
WHEREAS staff recommended that the City Council accept the bids and award the
landscape maintenance contract for Bid Group9 to GeocalEnvironmental Management &
Landscapingfor Fiscal Year 2019/2020 (July 1, 2019 to June 30, 2020); and
WHEREAS the City Council accepted the bids and awarded the landscape maintenance
contract for Bid Group9 to Geocal Environmental Management & Landscapingon June 18,
2019; and
WHEREAS, the initial term for the Open Space landscape maintenance contract for Bid
Group 9 is from July 1, 2019 through June 30, 2020 and, upon satisfactory work performance,
the parties may mutually agree to extend the contractfor up to four (4) additional one (1) year
periods from July 1 to June 30; and
WHEREAS the Contractor warrants and represents that it can deliver the services
required of Contractor to City in accordance with the time frames and the terms and conditions
of this Agreement.
\[End of Recitals. Next Page Starts Obligatory Provisions.\]
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O BLIGATORY P ROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained
herein, and other good and valuable considerations, the receipt and sufficiency of which the
Parties hereby acknowledge, City and Contractor hereby agree as follows:
1.SERVICES
1.0.Contract Documents. This Agreement consists of the following contract documents
(“Contract Documents”), all of which are incorporated into and made a part of this
Agreement as if set forth in full:
1.0.1. This Agreement and all exhibits hereto, and any change orders, amendments,
and supplemental agreements duly authorized and executed by authorized
representatives of the City and Contractor.
1.0.2. All permits for the performance of the Required Services.
1.0.3. The Public Works Department, Open Space Division, and Landscape
Maintenance Performance Standards.
1.0.4. The City of Chula Vista’s Standard Special Provisions,Standard Special
Provisions (“Greenbook”), Special Provisions, and Standard Plans.
1.0.5. All referenced specifications, plans, and materials.
1.0.6. The Request for Bid and Bid General Provisions.
1.0.7. The Contractor’s bid documents submittedin response to the Request for Bid,
and any post-bid documentation submitted and accepted by the City prior to the award
of the Agreement.
If there is a conflict, inconsistency, or ambiguity in or between any term or condition in the
Contract Documents,the document highest in the order of precedenceas set forth aboveshall
control.
1.1.Required Services. Contractor agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached ExhibitA, incorporated into the Agreement
by this reference, within the time frames set forth therein, time being of the essence for this
Agreement. The services and/or Deliverables described in Exhibit A shall be referred to
herein as the “Required Services.”
1.2.Reductions in Scope of Work. City may independently, or upon request from
Contractor/Service Provider, from time to time, reduce the Required Services to be
performed by the Contractor/Service Provider under this Agreement. Upon doing so, City
and Contractor/Service Provider agree to meet and confer in good faith for the purpose of
negotiating a corresponding reduction in the compensation associated with the reduction.
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1.3.Additional Services.Subject to compliance with the City’s Charter, codes, policies,
proceduresand ordinances governing procurement and purchasing authority, City may
request Contractor/Service Provider provide additional services related to the Required
Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet
andconfer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the
Additional Services. Unless otherwise agreed, compensation for the Additional Services shall
be charged and paid consistent with the rates and terms already providedtherein. Once
added to Exhibit A, “Additional Services” shall also become “Required Services” for
purposes of this Agreement.
1.4.Standard of Care.Contractor expressly warrants and agrees that any and all hereunder
shall be performed in accordance with the highest standard of care exercised by members of
the profession currently practicing under similar conditions and in similar locations.
1.5.No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Contractor of responsibility for
complying with all laws, codes, industry standards, and liability for damages caused by
negligent acts, errors, omissions, noncompliance with industry standards, or the willful
misconduct of the Contractor or its subcontractors.
1.6.Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor to provide additional security for performance of its duties under this Agreement,
Contractor shall provide suchadditional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by
the City Attorney.
1.7.Compliance with Laws.In its performance of the Required Services, Contractor
shall comply with any and all applicable federal, state and local laws, including the Chula
Vista Municipal Code.
1.8.Business License.Prior to commencement of work, Contractor shall obtain a business
license from City.
1.9.Subcontractors. Prior to commencement of any work, Contractor shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor
in the performance of the Required Services. Contractor agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor to
complete its obligations under this Agreement comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is
expected to fulfill any responsibilities of the Contractor under this Agreement, Contractor
shall ensure that each and every subcontractor carries out the Contractor’s responsibilities as
set forth in this Agreement.The Contractor is fully responsible for the acts and omissions of
all subcontractors of every tier for the Project (as defined in Exhibit A), and for all persons
and entities either directly or indirectly employed by or under the control of any
subcontractor in the same manner and to the same extent that Contractor is responsible for
the acts and omissions of persons directly employed by it or under its control pursuant to this
Agreement.
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1.9.1.Subcontract Indemnity. Contractor shall require all subcontracts for the Project
to obligate each subcontractor, with respect to the work to be performed under that
subcontract, to defend, indemnify, protect, and hold harmless the Indemnified Parties (as
defined in Section 4.1) in the same manner and to the same extent that Contractor is required
to defend, indemnify, protect, and hold harmless the Indemnified Parties under this
Agreement.
1.9.2.Subcontract Insurance. Contractor shall require all subcontracts for the Project
to obligate each subcontractor, with respect to the work to be performed under that
subcontract, to procure and maintain insurance in the same manner and to the same extent
that Contractor is required to procure and maintain insurance under the Agreement, including
without limitation naming the City, its officers, officials, employees, and volunteers as
additional insureds.
1.9.3.Subcontractor Licensure. Contractor shall require all subcontractors for the
Project to be appropriately licensed before commencing work for the Project, and to remain
licensed for the duration of their work performed under the subcontract. In the event that a
subcontractor is not properly licensed at any time during the Project, Contractor shall
immediately cease payment to that subcontractor and Contractor shall return to the City any
payment made to that subcontractor for work performed during the period for which the
subcontractor was not licensed.
1.9.4.Subcontractor Payments. Contractor shall pay its subcontractors for the Project
not later than seven (7) days after receipt of each progress payment received in accordance
with the provision in Section 7108.5 of the California Business and Professions Code. Any
delay or postponement of payment may take place only for good cause and with the City’s
prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor
and its respective subcontractors to the penalties, sanctions, and other remedies of that
section.
1.10.Term. This Agreement shall commence on the earlier to occur of the Effective Date
or Contractor’s commencement of the Required Services hereunder, and shall terminate
when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2.COMPENSATION
2.1.General. For satisfactory performance of the Required Services, City agrees to
compensate Contractor in the amount(s) and on the terms set forth in Exhibit A, Section 4.
Standard terms for billing and payment are set forth in this Section 2.
2.2.Detailed Invoicing.Contractor agrees to provide City with a detailed invoice and
required documents for services performed each month, within thirty (30) days of the end of
the month in which the services were performed, unless otherwise specified in Exhibit A.
Invoicing shall begin on the first of the month following the Effective Date of the
Agreement. All charges must be presented in a line item format with each task separately
explained in reasonable detail. Each invoice shall include the current monthly amount being
billed, the amount invoiced to date, and the remaining amount available under any approved
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budget. Contractor must obtain prior written authorization from City for any fees or expenses
that exceed the estimated budget.
2.3.Payment to Contractor. Upon receipt of a properly prepared invoice and confirmation
that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in ExhibitA and section 2.4, below. At
City’s discretion, invoices not timely submitted may be subject to a penalty of up to five
percent (5%) of the amount invoiced.
2.4.Retention Policy.City shall retain ten percent (10%) of the amount due for Required
Services detailed on each invoice (the “holdback amount”). Upon City review and
determination of Project Completion, the holdback amount will be issued to Contractor.
2.5.Reimbursement of Costs. City may reimburse Contractor’s out-of-pocket costs
incurred by Contractor in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor shall be
responsible for anyand all out-of-pocket costs incurred by Contractor in the performance of
the Required Services.
2.6.Exclusions.City shall not be responsible for payment to Contractor for any fees or
costs in excess of any agreed upon budget, rate, or other maximum amount(s) provided for in
Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective
Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful
misconduct of Contractor, its agents, employees, or subcontractors.
2.7.Payment Not Final Approval. Contractor understands and agrees that payment to the
Contractor or reimbursement for any Contractor costs related to the performance of Required
Services does not constitute a City final decision regarding whether such payment or cost
reimbursement is allowable and eligible for payment under this Agreement, nor does it
constitute a waiver of any violation by Contractor of the terms of this Agreement. If City
determines that Contractor is not entitled to receive any amount of compensation already
paid, City will notify Contractor in writing and Contractor shall promptly return such
amount.
3.INSURANCE
3.1.Required Insurance. Contractor must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after
completion of Required Services, the policies of insurance described on the attached Exhibit
B, incorporated into the Agreement by this reference (the “Required Insurance”). The
Required Insurance shall also comply with all other terms of this Section.
3.2.Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentions
relating to the Required Insurance must be disclosed to and approved by City in advance of
the commencement of work.
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3.3.Standards for Insurers. Required Insurance must be placed with licensed insurers
admitted to transact business in the State of California with a current A.M. Best’s rating of A
V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s
rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the
State Compensation Fund is also acceptable.
3.4.Subcontractors. Contractor must include and/or require to be included all
subcontractors of every tier as insureds under its policies and/or furnish separate certificates
and endorsements demonstrating separate coverage for those not under its policies. Any
separate coverage for subcontractors of every tier must also comply with the terms of this
Agreement.
3.5.Additional Insureds. City, its officers, officials, employees, agents, and volunteers
must be named as additional insureds with respect to any policy of general liability,
automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be
specified by City’s Risk Manager. The general liability additional insured coverage must be
provided in the form of an endorsement to the Contractor’s insurance using ISO CG 2010
(11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations
coverage.
3.6.General Liability Coverage to be “Primary”.Contractor’s general liability coverage must
be primary insurance as it pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers is wholly separate from the insurance provided by Contractor and
in no way relieves Contractor from its responsibility to provide insurance.
3.7.No Cancellation.No Required Insurance policy may be canceled by either Party during
the required insured period under this Agreement, except after thirty days’ prior written
notice to the City by certified mail, return receipt requested. Prior to the effective date of any
such cancellation Contractor must procure and put into effect equivalent coverage(s).
3.8.Waiver of Subrogation. Contractor’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition,
Contractor waives any right it may have or may obtain to subrogation for a claim against
City.
3.9.Verification of Coverage. Prior to commencement of any work,Contractor shall
furnish City with original certificates of insurance and any amendatory endorsements
necessary to demonstrate to City that Contractor has obtained the Required Insurance in
compliance with the terms of this Agreement. The words “will endeavor” and “but failure to
mail such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
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3.10.Claims-Made Policy Requirements. If General Liability, Pollution and/or Asbestos
Pollution Liability and/or Errors & Omissions coverage are required and are provided on a
claims-made form, the following requirements also apply:
a.The “Retro Date” must be shown,and must be before the date of this Agreement
or the beginning of the work required by this Agreement.
b.Insurance must be maintained, and evidence of insurance must be provided, for at
least five (5) years after completion of the work required by thisAgreement.
c.If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a “Retro Date” prior to the effective date of this Agreement, the
Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of
five (5) years after completion of the work required by this Agreement.
d.A copy of the claims reporting requirements must be submitted to the City for
review.
3.11.Not a Limitation of Other Obligations. Insurance provisions under this section shall
not be construed to limit the Contractor/Service Provider’s obligations under this Agreement,
including Indemnity.
3.12.Additional Coverage. To the extent that insurance coverage provided by Contractor
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
4.INDEMNIFICATION
4.1.General. To the maximum extent allowed by law, Contractor shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims,
demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court
costs), liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to any alleged acts, omissions,
negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services,
the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence,
active negligence, or willful misconduct of the Indemnified Parties. Also covered is liability
arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the Indemnified Parties which may be in combination with the
active or passive negligent acts or omissions of the Contractor, its employees, agents or
officers, or any third party.
4.2.Modified Indemnity Where Agreement Involves Design Professional Services.
Notwithstanding the forgoing, if the services provided under this Agreement are design
professional services, as defined by California Civil Code section 2782.8, as may be
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amended from time to time, the defense and indemnity obligation under Section 1, above,
shall be limited to the extent required by California Civil Code section 2782.8.
4.3.Costs of Defense and Award. Included in Contractor’s obligations under this Section
4 is Contractor’s obligation to defend, at Contractor’s own cost, expense and risk, any and all
suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor shall pay
and satisfy any judgment, award or decree that may be rendered against one or more of the
Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4.Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by
the Indemnified Parties, or by any prior or subsequent declaration by the Contractor.
Furthermore, Contractor’s obligations under this Section 4 shall in no way limit, modify or
excuse any of Contractor’s other obligations or duties under this Agreement.
4.5.Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City
incurs in enforcing Contractor’s obligations under this Section 4.
4.6.Survival. Contractor’s obligations under this Section 4 shall survive the termination
of this Agreement.
5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1.Form 700 Filing.The California Political Reform Act and the Chula Vista Conflict of
Interest Code require certain government officials and Contractor performing work for
government agencies to publicly disclose certain of their personal assets and income using a
Statement of Economic Interests form (Form 700). In order to assure compliance with these
requirements, Contractor shall comply with the disclosure requirements identified in the
attached Exhibit C, incorporated into the Agreement by this reference.
5.2.Disclosures; Prohibited Interests.Independent of whether Contractor is required to file
a Form 700, Contractor warrants and represents that it has disclosed to City any economic
interests held by Contractor, or its employees or subcontractors who will be performing the
Required Services, in any real property or project which is the subject of this Agreement.
Contractor warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee
or approved subcontractor working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further warrants and represents that no officer or
employee of City has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service
Provider or Contractor’s subcontractors. Contractor further agrees to notify City in the event
any such interest is discovered whether or not such interest is prohibited by law or this
Agreement. For breach or violation of any of these warranties, City shall have the right to
rescind this Agreement without liability.
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6.REMEDIES
6.1.Termination for Cause. If for any reason whatsoever Contractor shall fail to perform
the Required Services under this Agreement in a proper or timely manner, or if Contractor
shall violate any of the other covenants, agreements or conditions of this Agreement (each a
“Default”), in addition to any and all other rights and remedies City may have under this
Agreement, at law or in equity, City shall have the right to terminate this Agreement by
giving five (5) days written notice to Contractor. Such notice shall identify the Default and
the Agreement termination date. If Contractor notifies City of its intent to cure such Default
prior to City’s specified termination date, and City agrees that the specified Default is
capable of being cured, City may grant Contractor up to ten (10) additional days after the
designated termination date to effectuate such cure. In the event of a termination under this
Section 6.1, Contractor shall immediately provide City any and all ”Work Product” (defined
in Section 7 below) prepared by Contractor as part of the Required Services. Such Work
Product shall be City’s sole and exclusive property as provided in Section 7 hereof.
Contractor may be entitled to compensation for work satisfactorily performed prior to
Contractor’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for
such work, and any such compensation shall be reduced by any costs incurred or projected to
be incurred by City as a result of the Default.
6.2.Termination or Suspension for Convenience of City. City may suspend or terminate this
Agreement, or any portion of the Required Services, at any time and for any reason, with or
without cause, or for no reason by giving specific written notice to Contractor/Service
Provider of such termination or suspension at least fifteen (15) days prior to the effective date
thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City.
Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work
satisfactorily performed as of the date of the termination/suspension notice plus any
additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3.Waiver of Claims. In the event City terminates the Agreement in accordance with the
terms of this Section, Contractor hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4.Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the
provisions of which, including such policies and procedures used by City in the
implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
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6.5.Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to
this Agreement shall be brought only in San Diego County, State of California.
6.6.Service of Process.Contractor agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limitedliability company,
or partnership that is not registered with the California Secretary of State, Contractor
irrevocably consents to service of process on Contractor/Service Provider by first class mail
directed to the individual and address listed under “For Legal Notice,” in section 1.B. of
Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7.OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems,
and any other materials or properties produced in whole or in part under this Agreement in
connection with the performance of the Required Services (collectively “Work Product”)
shall be the sole and exclusive property of City. No such Work Product shall be subject to
private use, copyrights, or patent rights by Contractor in the United States or in any other
country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or
in part, any such Work Product, without requiring any permission of Contractor, except as
may be limited by the provisions of the Public Records Act or expressly prohibited by other
applicable laws. With respect to computer files containing data generated as Work Product,
Contractor shall make available to City, upon reasonable written request by City, the
necessary functional computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
8.GENERAL PROVISIONS
8.1.Reserved.
8.2.Assignment. City would not have entered into this Agreement but for Contractor’s
unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities
under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition, or deny in its sole discretion.
8.3.Authority. The person(s) executing this Agreement for Contractor warrants and
represents that they have the authority to execute same on behalf of Contractor and to bind
Contractor to its obligations hereunder without any further action or direction from
Contractor or any board, principal, or officer thereof.
8.4.Counterparts.This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which shall constitute one Agreement after each Party has
signed such a counterpart.
8.5.Entire Agreement. This Agreement together with all exhibits attached hereto and
other agreements expressly referred to herein, constitutes the entire Agreement between the
Parties with respect to the subject matter contained herein. All exhibits referenced herein
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shall be attached hereto and are incorporated herein by reference. All prior or
contemporaneous agreements, understandings, representations, warranties and statements,
oral or written, are superseded.
8.6.Record Retention. During the course of the Agreement and for three (3) years
following completion of the Required Services, Contractor agrees to maintain, intact and
readily accessible, all data, documents, reports, records, contracts, and supporting materials
relating to the performance of the Agreement, including accounting for costs and expenses
chargedto City, including such records in the possession of subcontractors of every tier.
8.7.Further Assurances. The Parties agree to perform such further acts and to execute and
deliver such additional documents and instruments as may be reasonably requiredin order to
carry out the provisions of this Agreement and the intentions of the Parties.
8.8.Independent Contractor. Contractor is and shall at all times remain as to City a wholly
independent contractor. Neither City nor any of its officers, employees, agents, or volunteers
shall have control over the conduct of Contractor/Service Provider or any of Contractor’s
officers, employees, or agents (“Contractor Related Individuals”), except as set forth in this
Agreement. No Contractor Related Individuals shall be deemed employees of City, and none
of them shall be entitled to any benefits to which City employees are entitled, including but
not limited to overtime, retirement benefits, worker's compensation benefits, injury leave, or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social
security tax or any other payroll tax with respect to any Contractor Related Individuals;
instead, Contractor/Service Provider shall be solely responsible for the payment of same and
shall hold the City harmless with respect to same. Contractor shall not at any time or in any
manner represent that it or any of its Contractor Related Individuals are employees or agents
of City. Contractor shall not incur or have the power to incur any debt,obligation, or liability
whatsoever against City, or bind City in any manner.
8.9.Notices. All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands, and requests to be sent to any
Party shall be deemed to have been properly given or served if personally served or deposited
in the United States mail, addressed to such Party, postage prepaid, registered or certified,
with return receipt requested, at the addresses identified in this Agreement at the places of
business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in
writing.
8.10.No Waiver. The failure of City to insist, in any one or more instances, upon the
performance of any provisionof the Agreement, or to exercise any right in the Agreement,
shall not be construed as a waiver or relinquishment of such provisions or rights. Any waiver
of any breach of this Agreement shall not be held to be a waiver of any other or subsequent
breach.Any waiver issued by the City of any provision of the Agreement shall only be
effective if issued in writing by the City and shall be specific and apply only to the particular
matter concerned and not to other similar or dissimilar matters.
8.11.NoLimitation. The duties and obligations imposed by this Agreement and the rights
and remedies available hereunder to the parties hereto, and, in particular but without
limitation, the warranties, guarantees, and obligations imposed upon the Agreement or by
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this Agreement and all of the rights and remedies available to City thereunder, are in addition
to, and are not to be construed in any way as a limitation of, any rights and remedies imposed
or available by laws, regulations, or codes, by special warranty or guarantee or by other
provisions of the Contract Documents.
8.12.Severability. If any term or provision or portion of a term or provision of this
Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the
remaining terms and provisions or portions of terms or provisions will not be affected
thereby and will remain in full force and effect.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to be bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
GEOCAL ENVIRONMENTAL CITY OF CHULA VISTA
MANAGEMENT & LANDSCAPING
BY:________________________________BY: ________________________________
ALYCE D. FRAHERMARY CASILLAS SALAS
OWNERMAYOR
ATTEST
BY:
________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1.Contact People for Contract Administration and Legal Notice
A.City Contract Administration:
Iracsema Quilantan
Director of Public Works
1800 Maxwell Road, Chula Vista, CA 91911
619-397-6066
IQuilantan@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B.Contractor Contract Administration:
GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING
Alyce D. Fraher, Owner
1137 Sutter Street, San Diego, CA 92103
619-319-0451
geocalenvironmental@gmail.com
For Legal Notice Copy to:
Angelica Dolter, Executive Assistant
1137 Sutter Street, San Diego, CA 92103
619-957-7018
geocalenvironmental@gmail.com
2.Required Services
A.General Description:
The Contractor shallperformlandscapemaintenance and other required services for the
locations identified in Chula Vista’s Open Space Bid Group9, as amended, in accordance
with this Agreement.
B.Detailed Description:
TheContractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill,
andservicesnecessary to complete, in a good and workmanlike manner,alllandscape
maintenance and other required services described in the Contract Documents (the “Work”).
Contractor shall perform the Work at the locations identified in Bid Group9, as amended, of
the Contract Documents and at the frequencies identified in the Contract Documents. The
parties and acknowledge the following amendmentsto the Contract Documents: (1) reduce
landscape maintenance services required staffing in Open Space District 9in Bid Group 9by
33%, with a commensurate reduction in annual costs from $43,860 to $29,240;and(2)
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eliminatecontractedlandscape maintenance servicesin Open Space District 26 in Bid Group
9,with a commensurate reduction by$23,426inBid Group 9contractor-quotedannual costs.
3.Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
beginJuly 1, 2019and end on June 30, 2020for completion of all Required Services.
4.Compensation:The annual contract amount for completion of the Required Services for the
Termis reflected by group on the table below:
GeoCal Environmental ManagementBID
GROUPDISTRICTCONTRACT AMOUNT
9District 5$ 20,506.05
9District 6$ 10,254.60
9District 9$ 29,240.00
9District 10$ 43,752.90
9District 11$ 66,107.64
Subtotal Group 9
$ 169,861.19
Grand Total
$ 169,861.19
Payment. As full compensation for completion of the Required Services, the City shall pay the
Contractor for the quantity of line item of work actually performed in accordance with the
Contract Documents. The City’s obligation to pay the Contractor under this Agreement is
subject to and may be offset by charges that may apply to the Contractor under this Agreement.
The line item unit costs aboveshall be firm through June 30, 2020.
5.Special Provisions:
Security for Performance:Contractor shall procure Performance and Labor and Material Bonds
for the Work that are to be issued by a Surety authorized to transact such business in the State of
California, be listed as approved by the United States Department of Treasury Circular 570, and
whose Underwriting Limitation is sufficient to issue bonds in the amount required by any
contract entered into pursuant to this Notice. Approved listing can be obtained through the
UnitedStatesDepartmentofTreasury’s website
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required
during the course of the Agreement must be renewed and received by the City within fifteen (15)
days prior to expiration and must meet the same criteria. No substitutions shall be allowed.
DIR/Prevailing Wages.Contractor and its subcontractors of every tier are required by the
Contract Documents and Labor Code sections 1771 and 1774 to pay prevailing wages
("Prevailing Wage Rates") to persons employed by them for work in a covered work
classification for the Project. In accordance with the provisions of section 1773 of the Labor
Code, the City has ascertained the general prevailing wage scales applicable to the work to be
done. The prevailing wage scales are those determined by the DIR and are available at the DIR’s
website. Contractor and its subcontractors are required to comply with and are subject to Labor
Code section 1775 (Penalties for Violations). The Contractor who is awarded the Contract and
who intends to use a craft or classification not shown on the general prevailing wage rates
determinations may be required to pay the wage rate of that craft or classification most closely
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related to it as shown in the general wage rates determinations effective at the time of the call for
bids.
The Contractor is required to provide with its proposal a list of its subcontractors and the
classifications and wages of its workers. The worker classifications must be compliant with the
specifications of the DIR.
To verify compliance with State prevailing wage requirements, the DIR maintains an online
registry of Contractors to which Contractor will be required to register and submit certified
payrolls. Theproposed services are subject to compliance monitoring and enforcement by the
DIR.
In addition to State and Federal prevailing wage requirements, the following State requirements
apply:
•Labor Code 1810: Hours in legal day’s work;
•Labor Code 1813: Penalty for exceeding legal day’s work; and
•Labor 1815: One and one-half time rate of pay.
The Contractor is required to be in conformance with these sections and all other applicable
Federal, State, and local laws and regulations. Nothing contained above shall be construed to
any way limit Contractor’s obligations to comply with any and all such laws and regulations.
Employment of Apprentices
Contractor and all subcontractors of every tier shall comply with all requirements for
employment of apprentices as provided in the Labor Code and all other applicable laws and
regulationsto employment of apprentices,including but not limited to Labor Code sections
1777.5, 1777.6, and 1777.7. Information relative to apprenticeship standards, wage schedules,
and other requirements may be obtained from the DIR, the Administrator of Apprenticeships,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch
offices.
The Contractor and all subcontractors of every tier shall comply with and are subject to section
1776 of the Labor Code concerning, among other things, payroll records of wagespaid,
inspection, effect of non-compliance, and penalties. Copies of the wage reporting form are
available from Division of Labor Standard Enforcement (DLSE).
Non-Collusion Affidavit. Prior to commencing the Project, Contractor shall provide a fully
executed and properly notarized Non-Collusion Affidavit, attached hereto and incorporated
herein as Exhibit D.
Workers’ Compensation Insurance Declaration. Prior to commencing the Project, Contractor
shall provide a fully executed and properly notarized Workers’ Compensation Insurance
Declaration, attached hereto and incorporated herein as Exhibit E.
OPTIONAL (check if applicable):
Permitted Sub-Contractor/Service Providers: None
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Notwithstanding the completion date set forth in Section 3 above,City has option to extend
this Agreement for four (4)additional terms, defined as a one-year increment from July 1 to June
30.The City Manager or Director of Finance/Treasurer shall be authorized to exercise the
option(s) to extend on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein, provided that the amounts
specified in Section 4 above may be increased by up to thechange in the annual San Diego Area
Consumer Price Index, in an amount not to exceed 5%,for each extension. The City shall give
written notice to Contractor of the City’s election to exercise the option to extend via the Notice
of Exercise of Option to Extend document.
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EXHIBIT B
INSURANCEREQUIREMENTS
Contractor shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the
applicable boxes (x):
Type of InsuranceMinimumAmountForm
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injuryLiability insurancewith a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement *Must be primary and must not
or Blanket AI Endorsement for exclude Products/Completed
City* Operations
Waiver of Recovery Endorsement
Automobile Liability$1,000,000 per accident for bodily Insurance Services Office Form
injury,includingdeath,andCA 00 01
propertydamageCode 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’$1,000,000 each accident
Compensation$1,000,000 disease policy limit
Employer’s Liability$1,000,000 disease each employee
Waiver of Recovery Endorsement
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EXHIBIT C
CONTRACTOR CONFLICT OF INTEREST DESIGNATION
12
The Political Reform Actand the Chula Vista Conflict of Interest Code(“Code”) require
designated state and local government officials, including some Contractor/Service Providers, to
make certain public disclosures using a Statement of Economic Interests form (Form 700).Once
filed, a Form 700 is a public document, accessible to any member of the public. In addition,
Contractors designated to file the Form 700 are also required to comply with certain ethics
3
training requirements.
4
A. Contractor ISa corporation or limited liability company and is therefore EXCLUDED
from disclosure.
B. Contractor is NOTa corporation or limited liability company and disclosure designation is
as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-
interest-code.)
NameEmail AddressApplicable Designation
A. Full Disclosure
B. Limited Disclosure(select one or
more of the categories under which the
Contractor shall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who
meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must
file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk
via the City's online filing system, NetFile, within 30 days of the approval of the Agreement.
Additional Form 700 filings will be required annually on April 1 during the term of the Agreement,
and within 30 days of the termination of the Agreement.
3.Filing Designation
The City Department Director will designate each individual who will be providing services to the
City pursuant to the Agreement as full disclosure, limited disclosure, orexcluded from disclosure,
based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding
1Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2Chula Vista Municipal Code §§2.02.010-2.02.040.
3Cal. Gov. Code §§53234, et seq.
th
4CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4
261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental
decision; “individual” does not include corporation or limited liability company).
City of Chula Vista Agreement No.:19052
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Consultant Name: GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING
2019-06-18 Agenda PacketPage 209 of 1481
this designation or anything in the Agreement, the Contractor/Service Provider is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions
regarding filing requirements, please do not hesitate to contact the City Clerk at (619) 691-5041, or
the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the
written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in
the Code.
Completed by:Samuel O. A. Oludunfe, Open Space Manager
City of Chula Vista Agreement No.:19052
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Consultant Name: GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING
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EXHIBIT D
NON-COLLUSION AFFIDAVIT
To the City of Chula Vista, Director of Public Works:
The undersigned, in submitting a bid for performing the following work by Contract being duly sworn,
deposes and says:
That he/she has not, either directly or indirectly entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit
from any subcontractor or material supplier through any bid depository, the by-laws, rules, and
regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor
or material supplier, which is not processed through said bid depository, or which prevent any
subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept
bids from or through such bid depository in connection with this Contract.
_____________________________________
Business AddressCompany
_____________________________________
Place of ResidenceSignature of Bidder
(Attach Proper Notarization)
City of Chula Vista Agreement No.:19052
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Consultant Name: GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING
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EXHIBIT E
WORKERS’ COMPENSATION INSURANCE DECLARATION
Date:________________________
I am aware of the provisions of Section 3700 of the Labor Code whichrequire every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this Contract.
_____________________________
Signature
_____________________________
Contractor
_____________________________
State Contractor's License No.
_____________________________
Address
_____________________________
City/State
_____________________________
Phone Number
(Attach Proper Notarization)
City of Chula Vista Agreement No.:19052
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Consultant Name: GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING
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BID NUMBER B21-18/19Page 1
PUBLIC WORKS DEPARTMENT
Open Space Division
Landscape Maintenance Performance Standards
Overview
These principlesdescribe landscape maintenance performance standards formaintaining
designated open space districts in a safe,attractive, and usablecondition. Included in these
standards are criteria covering irrigation;pruningand training of trees,shrubs,and groundcovers;
fertilization;weed control;eradication of plant diseases and pests; mowing; brush clearance;
maintenance and repair of irrigation and drainage systems, fences, pathways and trails, walls,
bollards, gates, benches, dog stations, bridges, and lighting. The Contractor shall furnish all
labor, equipment, materials, tools, services, incidentals, and special skills required to perform the
landscape maintenance, including routine debris and trash removal, as set forth in these
specifications.
This contract is aMinimum Staffing requirement contract. The Contractor shall be paid based
upon their performance and compliance with the provisions of this contract.
Traffic Control and Access
All traffic control shall be done in accordance with the latest edition of the Manual of Traffic
Controls prepared by the California Department of Transportation. Contractor shall comply with
all state and local regulations regarding lane and street closures in performance of work.
The Contractor is responsible for obtaining all traffic control plans, devices, and permits. The
Contractor shall work in full conformity withthe State of California Manual of Traffic Controls
for Construction and Maintenance Work Zones and the City of Chula Vista Standards and
Specifications. The setting up of traffic control devices shall be done by individuals possessing
either a Class A or C31 License. Full compensation for performing all the work necessary to
comply with these provisions is considered included in the contract unit prices paid for various
items of work; no additional compensation will beallowed.
Safety Standards
Blocking of public streets shall not be permitted unless prior arrangements have been made with
the City’s Engineering Division and duly approved Traffic Control Plans and Permits have been
obtained. The Contractor is responsibleto have vehicles moved during arboriculture work.
The Contractor shall provide adequate barricades, flag person(s), signs,and warning devices
during the performance of the Contract to protect motorists and pedestrians. All placements of
cones, signs, and barricades must conform to the American Traffic Safety Standards. Flashing
lights mounted on a vehicle shall not be deemedas sufficient or adequate protection.
Elimination of trip-and-fall hazards
On removing street-accessible trees, and unless a replacement tree is immediately planted in the
vacant tree well, the contractor must immediately fill every vacant tree well to grade with
compacted soil.
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BID NUMBER B21-18/19Page 2
Debris and Chip Disposal
Disposal of all logs, limbs, chips and debris generated by work described within this contract
will be the responsibility of the contractor. All tree maintenance debris must be removed before
the close ofbusiness each day; there must be no tree maintenance debris left on a work site
overnight.
All trimmings and their disposalshall become the responsibility of the Contractor. Trimmings
shall be legally disposed of at an authorized disposal site. Unit Prices quoted for services in this
contract by contractor shall include all labor, traffic control, equipment, materials, insurance,
permit and license fees, disposal costs, profit, overhead, supervision, transportation, and
applicable sales tax. No other compensation will be allowed.
Work Schedule
The Contractor shall accomplish all normal landscape maintenance required between the hours
of 6:00 a.m. and 6:00 p.m., Monday through Friday.No maintenance functions that generate
excess noise that would cause annoyance to residents of the area shall start before 8:00 a.m.,
except in the case of a situation deemed emergency in nature.
The Contractor must establish a daily eight-hour work schedule, with a minimum of sixhours
on site which corresponds toCity-defined minimum manpower and equipment resource
requirements. The Contractor shall send a Daily AttendanceRoster,which is to include the
information on all missing staff members, to the Open Space Inspection staff by 9:00 a.m.each
working day. The Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances.
Failure to complete anyworkas scheduled or as specified herein will result in the following
actions:
a.The sum of Three Hundred Fifty Dollars ($350)per day will be deducted by
the City and be forfeited by the Contractorfrom payments to the Contractor
for each instancewhere an item of work is not completed in accordance with
scheduleor specifications.
b.Deficiencies: An additionalamount equal to the costs incurred by completion
of the work by an alternate source,whether it be City forces or separate
private contractor,even if it exceeds the contract unit price,will be deducted.
c.The actionsoutlined in “a” and “b” aboveshall not be construed as penalty
but as adjustment of payment to the Contractor for only the work actually
performed or as the cost to the City for inspection and other related costs from
the failure by the Contractor to complete the work according to schedule.
d.Holidays: The City is closed and the Contractor shall observe the following
City hard holidays:
New Year’s Day –January 1
Martin Luther King Day –Third Monday in January
Cesar Chavez Day –March 31
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BID NUMBER B21-18/19Page 3
Memorial Day –Last Monday in May
Independence Day –July 4
Labor Day –First Monday in September
Veterans Day –November 11
Thanksgiving Day –Fourth Thursday in November
Day after Thanksgiving Day
Christmas Day –December 25
Public Convenience
The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streetsor
roadways.
Notification
The Contractor shall provide written notice to the City listing exact starting dates of fertilization
and other infrequent operationssuch as tree trimming, brow ditch clearing, etc. Such notice shall
be furnished to the Director of Public Works or designeeat least ten (10) working days in
advance of the starting date. City approval is required prior to commencement of work.
Irrigation
The contractor shall have the ability to monitor and respond to web-based and other Central
Irrigation Systems. Irrigation shall be done by the use of manual and/or automated systems,
where available and operable; however, failure of the existing irrigation system to provide full
and proper coverage shall not relieve the Contractor of this responsibility.All areas not
adequately covered by a manual and/or automated sprinkler system shall be irrigated by a
portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, tools,
equipment, and materialsnecessary to accomplish this supplementaryirrigation.
Care shall be exercised to prevent a waste of water, erosion, and detrimental seepage into
existing underground improvements or structures.
When negligence on the part of the Contractor results in excessive use or waste of irrigation
water, water that is used in excess of the monthly budgeted amount may be estimated, with the
cost of the excess water deducted from the contract payment. The City shall be the sole judge of
what constitutes “excessive use”or “waste of irrigation water”. Any damages to public or private
property resulting from excessive irrigation or irrigation water run-off shall be charged against
the contract payment unless the Contractor makes immediate repairsto the satisfaction of the
Director of Public Works or designee.
The Contractor shall turn off all irrigation controllers during periods of rain and turnthe
irrigation controllersback on and reprogramthemat the endof each rainy period. Periods during
which the irrigation controllers are programmed off do not vacatethe Contractor’s responsibility
to inspect, monitor,and repair the irrigation systems.
The Contractor shall keep irrigation controllers, electric meters, pull boxes,and valve boxes clear
of plant material, soil,debris, and pests. The Contractor shallmaintain the systemsthroughout
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the work site at no additional cost to the City. The systems maintenanceincludes, but is not
limited to,the replacements, repairs, adjustments, raisingor lowering, straightening, and any
other operation required forthe continued efficient operation of the systems.
The City will compensate the Contractor for materials usedin the repair ofirrigation damaged by
vandalism, theft, disappearance or wear and tear ofirrigation componentsthrough normal use.
Contractor will be reimbursed for parts and up to 10% handling costs on approved irrigation
repair invoices. Labor, tools, equipment, and other overhead expenses are considered to be
included in the contract amount bid to maintain each pertinent Open Space district. Upon receipt
of an approved invoice from the Contractor itemizing the materials involved, payment will be
processed in accordance with established terms. The Contractor will be responsible for
monitoring and maintaining irrigation parts costs within the established budget for each pertinent
Open Space district. Any necessary parts purchases that may exceed the annual budget for parts
in a District must have pre-approval from the Inspector for the District or risk non-payment. The
City reserves the right to designate suppliers for these repair materials.
A written report shall be submitted by the Contractor for all occurrences of vandalism, theft,
disappearance or worn out irrigation components, detailing the quantity, size, and location no
later than five (5) working days after the discovery of such occurrence. Contractor’s failure to
meet this requirement will result in Contractor’sresponsibility for total repair costs.
The Contractor shall inspect,at least once each week,the operation of the irrigation system for
any malfunction.
Any replacement must conform to the type and kind of existing system. The Director of Public
Works or designeemust approve,in writing, any deviation from the existing type.
The Contractor shall,at the beginning of the maintenance period,inspect the entire sprinkler
system with the City's representative to become familiar with the locations of valves, heads,
controllers, electric valves, meters, and hose bibs.
Special attention shall be directed to the maintenance of sprinkler equipment. Risers shall be
adjusted by extension, restaked as needed, and relocated as plant material grows up or spreads
out in a way that adversely affects the performance of the sprinklers. The Contractor shall
promptlyrepair any damage to, or malfunction of, the irrigation system. At no time will systems
be shut down for extended periods –repairs are to be made as soon as discovered and reported.
Required Irrigation Reports
Full and complete irrigation systems check,including a mainline leak test and a meter reading,
shall be performed monthly. This information shall be included in the monthly irrigation report
on the Irrigation Check Sheet. The Check Sheetwill be provided to the Contractor.
The Monthly IrrigationTracking Sheet and any repair invoices for parts and handling from the
prior month shall be submitted to the Open Space Inspector for each area by the fifth day of each
month, prior to authorization of monthly maintenance payments.
In addition to the Monthly Irrigation Tracking Sheet, the Contractor shall provide a spreadsheet
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showing cumulative monthly water usage for each water meter.
The City may require a change in the irrigation schedule at any time for water conservation. The
contractor shall be responsible for input and maintenance of irrigation schedules and programs as
directed by the City.
Reclaimed water
The Contractor will be responsible for following all local, state, and federal laws related to
reclaimed water irrigation installation and operation. This shall include any fees and/or fines
incurred.
The Contractor shall have a Reclaimed Water Site Supervisor Certificate from the local water
purveyor.
Water Conservation
The Contractor shall abide by any and all water conservation programs currently in effect by the
water purveyor, and will be responsible for compliance withany emergency guidelines, rules,
and regulations effected during water crises. The consequences of failure to observe, obey,and
comply with the aforementioned emergency guidelines, rules, and regulations will be the
financial responsibility of the Contractor. For example, negligent or delayedirrigation system
maintenance producing water waste which resultsin citations or fines by the water purveyor will
be the responsibility of the Contractor.
Irrigation scheduling programs will be set by the Department of Public Works or a
representative. Any changes in programming must be done with prior City approval.
Irrigating Trees and Shrubs
The City at its sole option may decide to plant new trees or other landscape material within the
maintained area. The Contractor shall be responsible for providingadequate supplemental
irrigationfollowing planting to facilitate new growth during the establishment period. The
Contractor at no additional cost to the City shall provide additional weed control, irrigation
maintenance,and plant maintenance required until plants are established.
Maintaining Shrubs and Groundcovers
All shrubs and groundcoversgrowing in the work area shall be pruned, as required, to maintain
plants in a healthy growing condition. Damaged or dead limbs or branches shall be removed
immediatelyand all pruning cuts shall be made properly and cleanly with sharp pruning tools,
with no projections or stubs remaining.
Allplantpruning shall be accomplished in a manner which will permit the plants to grow
naturally in accordance with their normal growth characteristics. Shrubs used as formal hedges
or screens shall be pruned as required to present a neat appearance. A formal hedge, whether new
or established, shallbe tapered so that it is wider at the bottom than the top, ensuring the lower
part will get the sunlight it needs for healthy growth.
Spentblossoms anddead flower stalks shall be removed as required to present a neat and clean
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appearance.
Shrubs and mounding plants shall not exceed two feet (2') in height within areas required for
vehicular sight clearance depending upon roadway topographyand alignment.
The Contractor shall:
Trim groundcoversadjacent to walks, walls,and fences as required for general
containment to present a neat, clean appearance.
Keep groundcoverstrimmed back from all controller units, valve boxes, quick couplers,
fixtures, andother appurtenances.
Notallow groundcoversto grow up trees, into shrubs, or on structures or walls.
Keep groundcoverstrimmed back approximately fourinches (4") from structuresor
walls.
Coordinate trimming around base of shrubsand trees with the City Representative.
Weed and Pest Control
All landscaped spaces within the specified maintenance area shall be kept free of weeds at all
times. This means that complete removal of all weed growth shall be accomplished on a
continualbasis as weeds appear, and not just once every 30 days. Weeds shall be controlled by
manual, mechanical, or chemical methods.
Effective pest control, including the control of snails and vertebrate pests such as gophers, moles,
and all such shall be performed in a safe manner for maximum control and also to minimize
exposure ofthe surrounding environmentto chemicals.
Weed and pest controls must include the use of integrated pest management (IPM) practices
wherever possible. Monitoring of pest populations and natural predatorsandcultural practices to
promote healthy, pest-resistant plant material are just a few examples of techniques that can be
employed to minimize and augment chemical methods.
Pesticides shall be applied at appropriate times which limit the possibility of environmental
contamination through climatic or other factors and at the proper life cycle stage of the pests.
Early morning application shall be used whenpossible to avoid environmental contamination
from drift.
Application of all pesticides shall be carried out only by State-licensed Pest Control Operators or
Qualified Applicator License (QAL) holders.
Weed control chemicals shall be approved by the City prior to application. The Contractor is
responsible for obtaining and maintaining site-specific written recommendations from a Pesticide
Advisor prior to any applications. The Contractor is also responsible for all chemical use
reporting required by the Department of Pesticide Regulation (DPR) in any area where herbicide
orpesticide application will take place. Safety Data Sheets (SDS) are required for all proposed
chemical applications.
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All noxious plant materials such as, but not limited to, poison oak, wild mustard, pampas grass,
tamarix,Arundocane, and tumbleweeds shall be removed immediately by hand. All pathways,
sidewalks, curbs, and gutters shall be kept free of weeds by use of contact weed control
chemicals.
Weed grasses as well as broadleaf weeds shall be kept out of shrubs and groundcovers. Weeds
and plant materials removed shall be disposed off-site by the Contractor in a manner consistent
with Federal, State, and Local rules and regulations. Turf and other plants killed by weeds,
chemicals, and pestsshall be replaced at the Contractor's expense. All replacements must be
made after receiving notice from the City.
Fertilization: Composition, Packaging,Schedule, Rate of Application
All proposed fertilizers must be approved by City staff prior to purchase or applicationin the
field.All fertilizers must be of a homogeneous blend, and must be pre-approved prior to
purchase.An Open Space Inspector must count all bags prior to application.
Fertilizer shall be provided in fifty-pound (50-lb), multi-wall paper bags, polyethylene-lined for
moisture resistance, or plastic bags.
The fertilizers shall be brought to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis. Damaged packages will notbe accepted. The Contractor
shall furnish the Director of Public Works or designeewith signed legible duplicate copies of all
certificates and invoices for all fertilizer to be used.
The invoices must state the grade, amount, and quantity received. The Director of Public Works
or designeeon site must sign both the copy to be retained by the City and the Contractor’s copy
before any material may be used. The Contractor may notbegin the actual fertilizer application
until approval by the City has been obtained.
Additionally, the Contractor shall submit as part of his written notice a schedule showing the
site, amount of fertilizer (in number of bags) to be applied in the District, proposed date of
application, and the approximate time of application of the fertilizer. Fertilizer type proposed
requires prior City approval. The City shall be the sole judge of the acceptability of a fertilizer
type.Material Safety Data Sheets (MSDS) shall be provided upon submittal of fertilizers for
approval.
Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer to
rest directly on the soil surface. Care shall be taken to ensure the fertilizer does not become
caught in the plant foliage above the soil line. Excessive watering must be avoided to prevent the
erosion of fertilizing materials or soil.
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation shall
continuewithoutinterruption.
Fertilization: Trees, Shrubs, Groundcovers
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BID NUMBER B21-18/19Page 8
Fertilization of all trees, shrubs and groundcovers, including plantings on hydroseeded banks
within the District,shall be accomplished two (2) times per year by using an approved
commercial gradefertilizer.
Fertilization shall be applied within the following time frames:
1.Sept 15-30
2.April 15-30
Fertilizer with a formulation of 12-4-6 or equivalent shall be applied at one (1) pound of actual
nitrogen per 1,000 square feet of planted area for shrubs, vines,groundcovers, and trees.
Acceptable organic fertilizer wouldcontain a combination of naturally-derived organic
components and synthetic organic and inorganic components. The organic portion will be
derived from dehydrated poultry manure obtained primarily from layers. Combining the various
components creates a mixture of materials that will stimulate microbial activity in the soil in a
way that enhances conversion of nutrients intoformsusable by plants.The manure should be
heat-treated below the combustion point to remove moisture and kill any pathogens that may be
present. Product will be routinely tested for presence of enteric bacteria. Composted organic
components will not be acceptable. Acceptableequivalent fertilizer formulationsmust have the
ability to lower soil pH in the short term to facilitate uptake of nutrients by plant materials.
Fertilization: Turf
Fertilization of all lawn areas within the designated work area shall be accomplished four (4)
times per year with approved commercial grade fertilizers.
Fertilizer shall be applied to lawns within the following time frames:
1.September 1-15
2.November 15-30
3.March 1-15
4.June 1-15
Fertilizer shall be applied at one (1) pound of actual nitrogen per 1,000 square feet of planted
area. Fertilization must occur in the months listed above and shall be accomplished to achieve an
even green appearance. If fertilization results are patchy, remedial fertilizer must be applied
immediately at the Contractor’s expense. Acceptable fertilizers include: Septemberapplication =
®
Super Iron 9-9-9; Novemberapplication = NitraKing19-4-4;March application = Iron
Advantage15-4-6; June application = Super Turf 25-5-5; or pre-approved equivalents.
Lawn Maintenance
Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed
during each mowing in returning the grass to the accepted height for the species of grass being
mowed. Inclement weather may preclude adherence to the frequency schedule. The Contractor
may request alteration of this mowing frequency from the Director of Public Works or designee
for reasons of rain or prolonged cold.
The Contractor shall bag all lawn clippings.
The following mowing schedule shall apply to all Code 2lawn areas listed in the bid portion of
the contract document:
Mowing Frequency& Requirements
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March 1 –November 30:1 time each week;
December 1 –February 28: 1 time every 2 weeks.
All turf shall be edged adjacent to all improved surfaces. Where no improved surface exists, turf
edges shall bemaintained if the turf area abuts a shrub bed, property line, or to maintain turf
delineation.
Lawn areas shall be aerateda minimum of two (2) times each yearand will be scheduled to
occur during the following time frames:
1.April 15-30
2.August 15-30
Under adverse conditions or as a result of high use where turf is suffering from compaction,
aerationmay be necessary at more frequent intervals. Aeration shall be done with a power-driven
or tractor-pulled aeratorusing one-half-inchcoring tines.
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation shall
continuewithoutinterruption.
Tree Maintenance
Trees shall be pruned as required to remove crowded, broken, diseased, dead, orhazardous
branches or for safety. The Contractor performing the tree work shall be responsible for targeted
pruning that will ultimately develop proper tree scaffold branches, strength, and appearance
consistent with current International Society of Arboriculture (ISA)and American National
Standards Institute (ANSI)A300Tree Pruning Standards. All major tree pruning operations shall
be scheduled and approved by the City Representative before work begins.If applicable, the
Contractor shall have an approved set of Traffic Control Plans. All routine annual tree
trimmingshall begin November 1 and be completed no later than February 28.
The Contractor shall check and correct treestakes, ties, and guys as needed,adjust ties to prevent
girdling, remove unneeded stakes, ties, and guys per City's request, and replace broken stakes as
required.
Topping of trees will notbe allowed. Climbing spurs, except in the case of emergency or tree
removal, will not be allowed. Pruning shall be done under the direction of an ISACertified
Arborist, utilizing proper techniques to promote healthy growth and to avoid damage from
improper tree pruning methods. Tree wound dressing will not be allowed. When pruning date
palm trees, equipment shall be disinfected before and after trimming each tree and prior to
progressing to the next tree.
Low overhanging branches shall be maintained at a minimum height of 14 feet above
street/roadway gradeat all times. Low branches overhanging sidewalks and parkways shall be
maintained at a minimum height of eight (8) feet above gradeat all times. Ailing or stunted trees
that fail to meet typical growth expectations shall be brought to the attention of the City
Representative.
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Under no circumstances will stripping of lower branches of young trees be permitted. Lower
branches shall be retained in a "tipped back" or pinched condition with as much foliage as
possible to promote caliper-retained growth (tapered trunk). If there are doubts or questions,
contact the City Representative.
All trees shall be maintained in their natural shapes. The Contractor shall continuously remove
"hanger" limbs and other obvious safety hazards as required.
Trees lost from causes other than Contractor’s negligence shall be removed and replaced by the
Contractor with 15-gallon size trees at the City's expense. The Director of Public Works or
designeemay specify an alternate tree species to replace the tree that was lost in each case. Any
tree leaning or showing signs of root heaving shall be brought to the attention of the Director of
Public Works or designee. If, in the judgment of the Director of Public Works, the tree must be
removed, the Contractorshall, at his sole expense, remove said tree by flush-cutting. Undesirable
growth from the remaining stump shall be controlled by a City-approved method.
In performing periodic operations as required herein, routine grounds maintenance services at the
same worksite such as, but not limited to, litter control, weed control, and irrigation shall
continuewithoutinterruption.
Low Flow and Brow Channel Maintenance
During the monthsof September andOctober, the Contractor shall clean all soil and debris from
the channels and cut alloverhanging plant materials back such that staff can easily walk all
ditches for inspection. All plant materials and debris, other than soil and rocks, shall be removed
from the job site.
During the year, woody plant materials growing in the cracks or edges of the channel shall be
removed to prevent damage to the concrete. Also, any loose materials, other than soil, shall be
removed during the contract year. Following the rainy season, in late Spring, removal of
accumulatedsedimentation will be required.
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation shall
continuewithoutinterruption.
Removalof Debris
Promptly after pruning, trimming, weeding, edging, and other work required, the Contractor
shall remove all debris generated by his/her performance of the work. Immediately after working
in the areas of public walks, driveways, medians,or pavedareas,they shall be thoroughly
cleaned.If the Contractor’s maintenance crews find appliances, furniture, or excessive
trash within any Open Space area, they shall notify the Open Space Inspection staff
immediately.
All areas shall be kept free of, but not limited to, the following: bottles, cans, paper, cardboard,
andmetallic items. Removal of common debris, including emptying of waste receptacles, shall
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be performed on a continualbasis with a minimumof once-a-week pick-up. Areas containing
medians, walkways, or asphaltic concrete, stamped or textured concrete, and/or concrete shall be
swept as needed to maintain such walkways and areas in a safe andattractive manner.
Replacement of Plant Materials
The Contractor shall replace any tree, shrub, or groundcoverplant which is damaged or lost as a
result of faulty maintenance at no additional cost to the City. The Director of Public Works or
City representative shall be the sole judge ofwhat constitutes“faulty maintenance”.
Any plant damaged or lost through vandalism shall be replaced at City expense. Costsfor
replacement of plants and trees lost through vandalism shall be at a mutually negotiated charge.
At the City’s sole discretion, it may be desirable to replace certain plants during the contract
term. The Director of Public Works or City representative shall determine the necessity or
desirability of such plant replacement. The City will be responsiblefor the cost of replacing the
plants. The Contractor shall be responsible for the maintenance of the replacement plants at no
additional cost to the City.
Brush Clearance
Contractor will be responsible foryearly brush clearance where the Open Space District borders
private property and when directedby the City’sFire Marshal. A standard clearance of 10 feet
from property line will be maintained with a minimum of 30 feetdistance from any attached
private structure.In areas where the residence may be closer than 20 feetto the property line,
additional clearance may be required to establish the 30 feetminimum clearance. The Contractor
shall take notice of potential areas to be cleared during the pre-bid inspection as no adjustment in
contract pricing will be allowedafter contract award.Cleared material shall be legally disposed
of from the workarea.
Environmental Regulations
The Contractor shallabide by all local, state,and federal laws relatedto environmentally
sensitive lands located within the Districts. Large portions of Code 4 and Code 5 areas are
located within Multiple Species Conservation Plan (MSCP) areas and may contain protected or
endangered species. Any maintenance activities performed within these areas will be subject to
all regulations contained within the MSCP and must be pre-approved and closely monitored by
City of Chula Vista Environmental Planning staff.
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OPEN SPACE LANDSCAPE MAINTENANCE
AREA CODE DESCRIPTIONS
CODEAREA IDENTIFICATION DESCRIPTION
Areas containing permanent irrigation systems planted in
1
groundcovers, shrubs, and trees.Code 1areas shall be kept weed-free
at all times.Plant materials and grasses not consistent with established
plantings are considered weeds.Any areas not fully covered with
CODE 1
planted groundcoversare to be replanted by the contractor and grown
to fully cover the areas during the normal growing season, at no
additional cost to the City.Weeding shall be done as necessary to
create a well-balanced appearance.
Code 2 areas are lawnswith permanent irrigation systems.Weeding
2
shall be done as necessary to create a well-manicured appearance.
CODE 2
Areas containing permanent irrigation systemsandinitially planted
3
with hydroseed mix, groundcovers, shrubs, and trees.Code 3 areas
shall be kept weed-free as required by the Director of Public Works
or designee.Plants (wild flowers and grasses) not consistent with
CODE 3
the original hydroseed mix are weeds.The intent is to maintain a
healthy vegetation cover for erosion control purposes.
Code 4 areas contain temporaryor permanent irrigation systems in
natural open space lands and slopes with indigenous plant growth.
4
The Contractor shall perform weed abatementin these areas,as
required by the Director of Public Works or designee,to control
noxious plant materials such as tumbleweeds, pampas grass,
CODE 4
tamarix, and Arundocane. The Contractor shall maintain trails on
a weekly basis to ensure clear, smooth, trash-free travel routes,
quarterly grooming to include re-compacting of loose paving
materials,and immediate response to needed repairs after rain
events. Trail maintenance includes header board and curbing
repair.
5
Two times per year, areas of non-irrigated open space shallbe
cleaned of debris including but not limited to the following:
bottles, cans, paper, cardboard,or metallic items. Contractor
shall removenoxious plant materials such as tumbleweeds,
CODE 5
pampas grass, tamarix, and Arundocane, as directed by the
Director of Public Works or designee.
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Deficient Performance
The Contractor shall be notified verbally or in writing each time performance is unsatisfactory
and corrective action is necessary. The Contractor shall complete corrective action within the
following time frames subsequent to verbal notification:
a.Major irrigationmalfunction mustbe repairedwithin twelve (12) hours.
b.Public Health and Safety issues (Risk Management) shall be corrected
immediatelyupon notification from the City Representative.
c.Failure to comply with City-defined minimum manpower requirements will
result in the immediatedeficiency deduction of ThreeHundredFiftyDollars
($350) per person per dayfrom payments to the Contractor.
d.Failure to immediatelycomply with conditions, specifications, schedules,and
directives from Public Works Director ordesigneewill result in adeficiency
deduction of Two Hundred Fifty Dollars ($250) per instancefrom payments
to the Contractor.
e.Failure to mow, edge, trim, hedge, aerate, sweep, pick uptrash/debris,
perform brow channel maintenance or trail maintenance,perform brush
management, apply chemicals, or prune in an approved, professional manner
as specified in this contract orasdirected by the Public Works Director or
designeewill result in a Two Hundred Fifty Dollar ($250)per day deduction
until all deficiencies are corrected.
f.Failure to comply with water restrictions imposed by Local Water Authorities
will result in a deficiency deduction of Two Hundred Fifty Dollars ($250) per
occurrence. Additionally, the Contractor shall be responsible for all other
penalties imposed by Water Authorities for infractions due to Contractor
neglect.
g.Failure to respond to an emergency callwithin fifteen (15) minutes during
working hours will result in a Two Hundred Fifty Dollar ($250) deficiency
deduction per occurrence. Failure to respond to an emergency callwithin sixty
(60) minutes outside of working hours will result in a Two Hundred Fifty
Dollar ($250) deficiency deduction per occurrence.
h.Failure to comply with the Regional Water Quality Board/National Pollutant
Discharge Elimination System(NPDES) restrictions/guidelines imposed by
Local Water Authorities will result in a deficiency deduction of Two Hundred
Fifty Dollars ($250) per occurrence. Additionally, the Contractor shall be
responsible for all other penalties imposed by Water Authorities for
infractions due to Contractor neglect.
i.Failure to submit all monthly irrigation-tracking sheets in a timely manner
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will result in a deficiency deduction of Two Hundred Fifty Dollars ($250.00)
per occurrence.
Withholding of Payments
The City may withhold or permanently retain payments to such extent as may be necessary to
protect the City from loss due to:
1.Work required in the specifications, which is defective, incomplete, or not performed.
2.Claims filed against the City for damage caused by the Contractor’s acts or reasonable
evidence indicating probable filing of claims.
3.Failure of the Contractor to make proper payments to subcontractors for materials or
labor.
4.A reasonable doubt that the contract can be completed for the unpaid balance.
Failure to Perform Satisfactorily
It is agreed and understood that if the Contractor fails to perform the work as required, the
Director of Public Works (1) will pay only for the amount of service received as determined
solely by the City, with an appropriate downward adjustment in contract price, or (2) may have
such required work done by City crews or otherwise and charge the cost thereof to the Contractor
or Contractor’s surety agent.
Those discrepancies and deficiencies in the work that remain uncorrected may result in billing
adjustments in the following month. Billing adjustments for this unsatisfactory service shall be
permanent retention of 100% of the estimated monthly cost for work that is incomplete or
deficient as stated herein.
Should failure to perform persist, the City reserves the right to take action against the
performance bond or terminate the contract.
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General Conditions
Bidder’s Security
A bid security in an amount equal to ten percent (10%) of the bid is required. The bid security
may be furnished in the form of cash, cashier’s check, certified check, or a bid bond. If the bid
security is a bond, it shall be executed by a surety company authorized to transact business in the
State of California. The bid security must be included in the sealed envelope with the bid
proposal.
Performance Bond
Contractor shall furnish the City with a surety bond conditioned upon the faithful performance of
the contract. The bond shall be in a sum equal to twenty-five percent (25%) of the amount of
contract price. This bond shall be executed by a surety company authorized to do business in the
State of California and approved by the City of Chula Vista. An endorsed Certificate of Deposit,
money order, or certified check may be provided in lieu of an actual bond. Such bond or deposit
shall be forfeited to the City in the event that the Contractor fails or refuses to fulfill all
performance requirements of the contract.
If the contract is optioned for future years, for the purpose of renewing the contract, the
Contractor shall provide a new valid faithful performance bond no later than thirty (30) days
prior to the current faithful performance bond expiration date. Failure by the Contractor to
provide the new faithful performance bond shall be considered a default by Contractor and may
subject the Contractor to a suspension or termination of work under the contract.
Payment Bond
Contractor shall furnish the Citywith a payment bond in a sum equal to twenty-five percent
(25%) of the amount of contract price. The payment bond shall be provided with and in a form
similar to the performance bond. The payment bond shall guarantee that all laborers, material
suppliers,and subcontractors will receive full payment for their services.
If the contract is optioned for future years, for the purpose of renewing the contract, the
Contractor shall provide a new valid payment bond no later than thirty (30) days prior to the
current payment bond expiration date. Failure by the Contractor to provide the new payment
bond shall be considered a default by Contractor and may subject the Contractor to a suspension
or termination of work under the contract.
Insurance
A. Contractor shall, throughout the duration of the contract,maintain comprehensive general
liability, property damage, and automobile insurance,or commercial general liability insurance,
covering all operations of Contractor, its agents,and employees, performed in connection with
the contract, including but not limited to premises and automobiles.
B.Contractor shall maintain the following minimum limits:
General Liability
Combined Single Limit Per Occurrence$1,000,000
General Liability$1,000,000
Property Damage$1,000,000
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Automobile Liability$1,000,000
The City reserves the right to require insurance for a higher coverage than the minimum limits.
C.All insurance companies affording coverage to the Contractor shall be required to add the
City of Chula Vista as an "additional insured" under the insurance policy for all work
performed in accordance with the contract. All insurance companies policies shall be issued
by a carrier that has Best's rating of "A; Class V"or better, or shall meet with the approval of
City's Risk Manager.
D.All insurance companies affording coverage shall provide thirty (30) days written notice to
the City of Chula Vista should the policy be canceled before the expiration date. For the
purposes of this notice requirement, any material change in the policy prior to the expiration
shall be considered a cancellation.
E.Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement,
shall be submitted to the Purchasing Division within ten (10) days after the award of
Contract. This endorsement must be on a separate "Schedule B". Contractor shall provide a
substitute certificate of insurance no later than thirty (30) days prior to the policy expiration
date. Failure by the Contractor to provide such a substitution and extend the policyexpiration
date shall be considered a default by Contractor and may subject the Contractor to a
suspension or termination of work under the contract.
Insurance Certificates shall not include "Modified Occurrence" restrictions. No substitutions
shall be allowed.
Worker's Compensation Insurance
The Contractor shall carry Worker’s Compensation insurance in statutory amount and
Employer's Liability coverage in an amount not less than $500,000 and up to $1,000,000 at the
City’s discretion; evidence of these shallbe furnished to the City in the form of Certificate of
Insurance.
Hold Harmless and Indemnification
Contractor shall defend, indemnify, protect, and hold harmless the City of Chula Vista, its
elected and appointed officers and employees, from and against any and all claims for damages,
liability, cost and expense (including without limitation attorney’s fees) arising out of the
conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with
the execution of the work covered by the contract, except only for those claims arising from the
sole negligence or sole willful misconduct of the City, its officers, or employees.
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Contractor’s indemnification shall include any and all costs, expenses, attorney’s fees, and
liability incurred by the City, its officers, agents, or employees in defending against such claims,
whether the same proceed to judgmentor not. Furthermore, Contractor at its sole expense,shall,
upon written request by the City, defend any such suit or action brought against the City, its
officers, agents, or employees. Contractor’s indemnification of City shall not be limited by any
prior or subsequent declaration by the Contractor.
Taxes
All applicable State or Federal taxes shall be considered as included inthe amount paid for
services performed. The Contractor shall be responsible for payment of such taxes to the proper
governmental authority.
Licenses and Permits
Contractor and all subcontractors, if any, shall be licensed in accordance with the provisions of
Chapter 9 of Division III of the Business and Professions Code, State of California.
Contractor shall procure all licenses and permits required to perform the work described.
Contractor shall further pay all charges and fees required to maintain required licenses and
permits. The Contractor and subcontractors shall possess a valid City of Chula Vista Business
License while performing work within City limits.
Term
Contractor shall perform all services required as specified on the Bid Form through June 30,
2019.
Measurement of Quantities for Unit Price Work
The estimate of the quantities of work to be done and materials to be furnished are approximate
only, being given as a basis for the comparison of bids. The City of Chula Vista does not
expressly or by implication agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease by any amount or to omit portions of the work asmay
be deemed necessary or expedient by the City with no adjustment in unit price.The City of
Chula Vista reserves the right to use Contractor unit pricing to facilitate Developer turn-overs for
landscaped area being added to any Community Facilities District (CFD) area or adjacent to
CFD-maintained areas.
Cooperation
Contractor shall work closely with the Director of Public Works or designeeto perform work
required to achieve the City’s objectives.The Director of Public Works may delegate authority
in connection with this Agreement to the Open Space Manager. For the purposes of directing the
Contractor’s performance, authority is hereby delegated to the Open Space Manager.
Inspection by City
The City will inspect the work area to ensure adequacy of maintenance and that methods of
performing the work are in compliance with the contract. Discrepancies and deficiencies in the
work shall be corrected by the Contractor immediately upon notification by the City.
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Maintenance services performed by the Contractor shall be performed to the satisfaction of City,
Director of Public Works, or designee.
Method of Payment;Monthly Reports
The Contractor will be paid monthly, in arrears, for work performed satisfactorily. By the fifth
day of each month, the Contractor shall submit a detailed report of maintenance performed and
materials used, areas and/or units affected, and staff hours expended in the prior month as well as
the required Monthly Irrigation Tracking Form (see Irrigationsection,pages3and 4), irrigation
parts billing,and monthly maintenance billing.
The monthly report shall also include a statement of all applications of herbicides, rodenticide,
and pesticides detailing the chemical used, quantity, rate of application, area in which used, and
the purpose of the application.
Upon successful completion of a month’s work, payment will be made equal to one twelfth of
the annual contract bid price. Billing shall be in accordance with bid prices submitted and
allowing for City approved adjustments, if any.
EmergencyCalls
The Contractor shall have the capability to receive and respond immediately to calls of an
emergency nature during normal working hours and during hours outside of normal working
hours. Calls of an emergency nature received by the Director of PublicWorks shall be referred to
the Contractor for immediate disposition.
Personnel
The Contractor shall furnish sufficient supervisory and working personnel capable of promptly
accomplishing on schedule, and to the satisfaction of the Director of Public Works, all work
required under this contract during the regular and prescribed hours.All such personnel shall be
physically able to do their assigned work.
The Contractor and his employees shall conduct themselves in a proper, safe,professional, and
efficient manner at all times and shall cause the least possible annoyance to the public. They
shall be fully clothed in suitable uniform attire with a company-identifying marker;personnel
fully clothed and wearing a safety vest with the company identification on the back will be
considered suitable uniform attire.
The Director of Public Works will require the Contractor to remove from the work site any
employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued
employment on the job is considered to be contrary to the best interest of the City of Chula Vista.
The Contractor shall have competent supervisors, who may be working supervisors, on the job at
all times work is being performed, who are capable of discussing in English with the Director of
Public Works matters pertaining to work required. Supervisors must have a minimum of three
(3) years of actual field experience and must be able to demonstrate to the satisfaction of the
Director of Public Works that they possess adequate technical background. Adequate and
competent supervision shall be provided for all work done by the Contractor's employees to
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ensure accomplishment of high quality work which will be acceptable to the Director of Public
Works. Additionally, a non-workingsupervisor shall inspect all areas under the contract a
minimum of once per month with the Director of Public Works or designee.
Independent Contractor
Contractor's relationship to the City shall be that of an independent contractor. Contractor shall
have no authority, expressedor implied, to act on behalf of the City as an agent, or to bind the
City to any obligation whatsoever. Contractor shall be solely responsible for the performance of
any of its employees, agents,or subcontractors under any contract awarded. Contractor shall
report to the City any and all employees, agents, and subcontractors and/or consultants
performing work, in connection with this contract, and all shall be subject to prior approval of
the City.
Prevailing Wages
Legislation by the State of California imposesprevailing wage requirements on the work to be
performed by Contractor during the term of thiscontract.
Department of Industrial Relations (DIR) Registration Requirements
No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 \[with limited exceptions from this
requirement for bid purposes only under Labor Code section 1771.l(a)\].
No contractor or subcontractor may be awarded a contract for public work on a public
works project (awarded on or after April 1, 2015) unless registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5.
This contract is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Wage Rates for State-funded Projects/Contracts
The contractor and its subcontractors are required by bid specificationsto pay prevailing wage
("Prevailing Wage Rates") to persons employed by them for work under this Contract. In
accordance with the provisions of Section 1773 of the LaborCode of the State of California, the
City of Chula Vista has ascertained the general prevailing wage scalesapplicable to the work to
be done. The prevailing wage scales are those determined by the Director of Industrial Relations,
State of California.
The State prevailing wage rates determination is available directly from the State of California
Director of IndustrialRelations home page under www.dir.ca.gov/dlsr/.
Non-Discrimination
The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any
contract entered into pursuant to this notice, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on
the grounds of race, color, sex, or national origin in consideration for an award.
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Termination for Cause
The following conditions constitute default for which the City may terminate a contract:
A.Any material misrepresentation, whether negligent or intentional, by Contractor.
B.Contractor’s failure to perform any of its material obligations under a contract, including but
not limited to:
1.Failure to perform any obligations reasonably within Contractor’s control (including but
not limited to lack of sufficient or adequate personnel, equipment, and/or materials);
2.Contractor’s failure to promptly perform or correct any of its obligations;
3.Contractor’s unapproved discontinuance of any of its obligations required under a
contract;
4.Contractor’s insolvency, filing for bankruptcy, or unapproved assignment for the benefit
of creditors or otherwise.
Prior to terminating a contract for cause, the City will first notify the Contractor in writing of
such failure to meet the obligations of a contract. Within ten (10) calendar days of such written
notice, Contractor shall have corrected the failure or shall have provided a written cure plan
acceptable to the City that outlines its current or planned actions to correct such failure. If the
Contractor fails to cure such breach or provide a writtencure plan acceptable to the City within
the ten (10) day time period, then the City shall have the right to terminate the contract by giving
written notice to Contractor specifying the effective date of such termination.
In addition to the remedy set forth above, the City retains the right to pursue any and all other
available remedies under law or in equity, including but without limitation, action against the
performance bond.
Where public interest or necessity demands the immediate termination of the contract to
safeguard life, health, or property, the City may terminate the contract immediately without prior
notice of deficiencies, and no opportunity to cure failures will be provided.
Termination for Convenience
City may terminate the contract at anytime, and for any reason, by giving specific written notice
to the Contractor of such termination and specifying the effective date thereof, at least thirty (30)
days prior to the effective date of such termination. If the contract is terminated by City as
provided in this paragraph, Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed. Contractor expressly agrees that no further
penalties, remedies, or consideration would be forthcoming in the event of termination for
convenience.
Interpretation of Agreement
The interpretation, validity and enforcement of any contract awarded shall be governed by and
construed under the laws of the State of California.
The Contractor shall be responsible for complying with any Local, State, and Federal laws
whether or not said laws are expressly stated or referred to herein.
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Should any provision herein be found or deemed to be invalid, the contract shall be construed as
not containing such provision, and all other provisions that are otherwise lawful shall remain in
full force and effect, and to this end the provisions of the contract are severable.
Administrative Claims Requirement and Procedure
No suit shall be brought against the City arising out of a contract awarded, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City
of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from timeto time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Conflict Resolution
Upon request by the City, Contractor shall meet and confer in good faith with the City for the
purpose of resolving any dispute over contract terms and conditions.
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June 18, 2019File ID: 19-0283
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING A LAND USE
AMENDMENT AND REZONING INITIATION REQUEST (IR19-0026), AND PROVIDING INPUT TO STAFF
REGARDING PROCESSING A GENERAL PLAN AMENDMENT AND REZONE FOR APPROXIMATELY 50-ACRES
LOCATED WEST OF I-5 AND EAST AND SOUTH OF THE MAIN OFFICE AND DISTRIBUTION BUILDINGS ON
THE COLLINS AEROSPACE/UNITED TECHNOLOGY COMPANY CAMPUS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
CityStaff is recommending a Land Use Amendment and Rezoning Initiation Request be considered by City
Council to get an early indication from the City Council regarding a proposed General Plan Amendment and
Rezone to change the land use designation for 50-acres of Collins Aerospace/United Technologies Company
(UTC) property from its current Limited Industrial (IL) and General Industrial (IG) designations to Mixed-
Use Commercial (MUC) and Mixed-Use Transit Focus Area (TFA)land use designations. The proposed
rezone initiation of the parcels is also proposed for General Plan consistency.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. In addition, notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to
Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Because this activity will not result in any approval or denial of said proposed potential land use plan
amendments or rezoning actions and because City Council will conduct a complete review of said
amendments or rezoning actions, including any required environmental analysis, along with the merits of
an accompanying proposed project, the Director of Development Services has determined that the activity
is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA)
Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the activity qualifies for an
Exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines; no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable
v.001 Page|1
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DISCUSSION
In 1999 the City of Chula Vista, the Port of San Diego and the Redevelopment Agency of the City of Chula
Vista entered into a relocation agreement that contemplated the consolidation of theBF Goodrich
Aerospace Aerostructures to their real estate holdings located North of H Street. The purpose of the
agreement was for the parties to work together on the creation of a “New Campus.” However, after almost
thirty years,and with the sale of BFGoodrich Aerospace to United Technologies Aerospace Systems and
recent conversion to Collins Aerospace,the manufacturing operations at the facility are scheduled to
terminate in 2020. Collins Aerospace currently, however,proposes to maintain their administration,
engineering, research and development,and spare parts distribution center,which employees over 1,800
professionals. The wind down of the manufacturing operations is projected to eliminate 34 of 37 registered
emissions sources, reduce greenhouse gas emissions by 25-percentand have a significant reduction in
noise.
As part of the closure of manufacturing operations at the facility,Collins Aerospace placed approximately
50 acres of their property on the market for sale. The property for salehas approximately 41,000 square
feet of office and almost a million square feet of old industrial buildings that sit atop environmentally
impacted soil and groundwater. With the decision to cease all industrial manufacturing operations at the
site and sell the property,it is appropriate to reevaluate the long-term vision for this special property that
will be surrounded by Residential, Hotel and other visitor serving uses. Staff has worked closely with
Collins Aerospace and their proposed buyers to discuss the potential redevelopment opportunities of this
property.
Staff recently met with Collins Aerospace and their selected buyer, Penwood Wohl, and theyhave
expressed an interest in working with staff on the proposed general plan amendment and rezone. Staff
believes there is a higher and better use for this property and that the redevelopment of the property solely
for an industrial user would not be conducive to the high quality, regional visitor serving environment the
Port and City are striving toachieve for the Chula Vista Bayfront.
Existing Site Characteristics
The site is comprised of approximately 50-acres located east and south of the main office and distribution
buildings onthe Collins Aerospace/United Technology Company campus. As shown on the Locator Map
(Attachment 1), Parcel Ais approximately 20-acres and encompasses the properties locatedalong Bay
Boulevard between F Street/Lagoon Drive and H Street. Parcel B is approximately 30-acres and
encompasses the property located between the remaining Collins Aerospace/United Technology Company
campusnorth of G Street and immediately adjacent to the Port District properties adjacent the proposed
RIDA hotel and convention center.
Background
The General PlanAmendment Initiation Request process was approved by City Council on May 23, 2017.
Chula Vista Municipal Code (CVMC)section 19.14.840 outlines criteria by which the Planning Commission
or City Council may approve aGeneral Plan Amendment Initiation Request prior to a formal submittal of a
requesttoamendthe General Plan, Sectional Planning Area Plans, General Development Plans, Specific
Plans, Precise Plans,or a rezoneof any property within the City of Chula Vista.
The City proposes a General Plan land use designation of Mixed-Use Transit Focus Area for ParcelA, which
would allow for retail, commercial, industrial and high-density residential opportunities based on its
location within the ¼ to ½ mile radius ofthe E Street and H Street MTS Trolley Transit Stations. The
proposed General Plan land use designation for Parcel Bis Mixed-Use Commercial,which prohibits
residential, but allows fornon-residential land uses including industrial, Professional and Office
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2019-06-18 Agenda PacketPage 235 of 1481
CommercialandVisitor Commercial land uses such as hotels.During the Rezone Initiation Request staff
will consider City zoning categories such as Central Commercial (CC) and Visitor Commercial (CV), specific
plan zoning categories found within the Urban Core or Bayfront Specific Plan, or through the creation of a
new Specific Plan for the site.
Entitlement Process
If the General Plan and Rezone Initiation Request is approved, staff will proceed to develop a work program
and budget to process an amendment to the General Plan Land Use Designations for Parcels A and B and
revise the General Plan objectives and policiesapplicable to this portion of the Bayfront Planning Area
within the General Plan.
In addition, City staff will process a zone change for Parcels A and B. The zoning for Parcel A is currently
Research and Limited Industrial (I-R) between F Street/Lagoon Drive and G Street, and Industrial General
(I-G) between G Street and H Street. The zoning for Parcel B is Industrial General (I-G).
City staff will apply the most appropriate zoning categories to these parcels corresponding to the proposed
Mixed-UseTransit Focus Area and Mixed-Use Commercial land use designations being suggested for the
General Plan. Existing City zoning categories such as Central Commercial (CC) and Visitor Commercial (CV)
could be considered, as well as the specific plan zoning categories found within the Bayfront Specific Plan.
Findings for Approval of an Initiation of Amendments to Land Use Plans
The initiation of an amendment to a Land Use Plan may be approved by the City Council if all the following
criteria are met:
(1) The proposed Land Use Amendment is consistent with the goals and polices of the General Plan;
(2) The proposed Land Use Plan Amendment provides equal or greater public benefit to the community as
compared to the existing land use designation, density/intensity range, or plan policy;and
(3) Public Facilities are available to serve the proposed change in land use designation density/intensity, or
their provision will be addressed as a component of the Land Use Plan.
The proposed General Plan amendment for Parcel A would enable the creation of a new Mixed-Use Transit
Focus Area west of Interstate 5, allowing for a combination of certain industrial and more retail, visitor
commercial opportunities, and high-density residential opportunities that are consistentwith the Bayfront
Master Plan and General Plan.
The proposed General Plan amendment for Parcel Bto Mixed-Use Commercialwould prohibit residential
uses but would allow fora combination of certain industrial, professional and office commercialandvisitor
commercial land uses including hotels. Such uses would complement the planned RIDA hotel and
convention centerimmediately adjacent to the west and south and are consistent with the Bayfront Master
Plan and General Plan.
Public facilities are planned to be upgraded in the Bayfront area and would be available to serve these
parcels. Bayfront infrastructure and fee programs will fund the upgraded public facilities. Planned facilities
include a new fire station on Bay Boulevard.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1000 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
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2019-06-18 Agenda PacketPage 236 of 1481
Code of Regulations Title 2, Section 18702.2(a) (7) or (8), 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.
CURRENT-YEAR FISCAL IMPACT
All costs associated with the initiation process are included in the Development Services Department
operating budget. No additional appropriations are required in the current fiscal year.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of considering a land use amendment initiation request.
Should a General Plan amendment and rezone of the subject parcels be pursued in the future, all fiscal
impacts with that land use change would be analyzed at that time.
ATTACHMENTS
1. Locator Map
Staff Contact: Harold Phelps, AICP Associate Planner
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2019-06-18 Agenda PacketPage 237 of 1481
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERINGA LAND USE AMENDMENT
AND REZONING INITIATION REQUEST (IR19-0026),AND
PROVIDINGINPUT TO STAFF REGARDING PROCESSING
A GENERAL PLAN AMENDMENT AND REZONE FOR
APPROXIMATELY 50-ACRES LOCATED WEST OF I-5 AND
EAST AND SOUTH OF THE MAIN OFFICE AND
DISTRIBUTIONBUILDINGSONTHECOLLINS
AEROSPACE/UNITED TECHNOLOGY COMPANY CAMPUS
I. RECITALS
WHEREAS, the parcelsof land which arethe subject matter of this Resolution are
depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, and for
purpose of general description consists of approximately 50-acres located east andsouth of the
main office and distribution buildings on the Collins Aerospace/United Technology Company
campus; and
WHEREAS, on May 10, 2019, a duly verified application requesting a Land Use
Amendment Initiation Request was created bythe City of Chula Vista Development Services
Department (Applicant); and
WHEREAS, City staff requests City Council considerationof a Land Use Amendment
Initiation Request to receive early input from the City Council regarding a proposed General
Plan Amendment to allow for the future development of Mixed-Use Commercial and Mixed-Use
Transit Focus Area land usedesignations for the project site; and
WHEREAS, this activity will not result in anapproval or denial of any proposed land use
plan amendment or rezoning action because City Council will conduct a complete review of a
potential land use plan amendment and rezoning action, including any required environmental
analysis, along with the merits of an accompanying proposed project. The Director of
Development Services has determined that the activity is not a “Project” as defined under
Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of
the CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the activity qualifies
for an Exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines. Thus, no
environmental review is required; and
WHEREAS, the City Clerk set the time and place for the public hearing and notice of
said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City at least 10 days prior to the hearing; and
2019-06-18 Agenda PacketPage 238 of 1481
Resolution No. 2019-______
Page 2
WHEREAS, the City Council held a duly noticed public hearing to consider the Land
Use Amendment Initiation Request at the time and place as advertised in the Council Chambers
located at 276 Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find and determine as follows:
II. INITIATION REQUEST FINDINGS FOR OF APPROVAL
1.That the proposed Land Use Plan Amendment is consistent with the goals and
policies of the General Plan.
City staff proposes a General Plan land use designation and rezone toMixed-Use
Residential Transit Focus Area for Parcel A, which would allow for retail commercial
industrialand high-density residential opportunities based on its location within the ¼ to
½ mile radius of the E Street and H Street MTS Trolley Transit Stations. The proposed
General Plan land use designation and rezone for Parcel B would be Mixed-Use
Commercial, which prohibits residential,but would allow Industrial Professional and
Office Commercial and Visitor Commercial land uses such as hotels. The Mixed-Use
Transit Focus Area and Mixed-Use Commercial Land UseDesignations are consistent
with the goals and policies found within the General Plan Bayfront Planning Areaand the
Bayfront Master Plan.
2.That the proposed Land Use Amendment provides equal or greater public benefit to
the community as compared to the existing landuse designation, density/intensity
range, or plan policy.
The proposed land use amendment and rezone for Parcel A would enable the creation of
a Mixed-Use Residential Transit Focus Area west of Interstate 5, allowing for moreretail
and visitor commercial opportunities and more high-density residential opportunities.
The proposed land use amendment and rezone for Parcel B would be Mixed-Use
Commercial, which would allow forindustrialprofessional offices and hotelsto
complementthe RIDA hotel and convention centerimmediately adjacent to the west and
south. The Mixed-Use Transit Focus Area and Mixed-Use Commercial land use
designationsprovide equal or greater public benefit to the community compared to the
existing land use designationsof General Industrial and Limited Industrial.
3.Public facilities are available to serve the proposed change in land use designation
or density/intensity, or their provision will be addressed as a component of the Land
Use Plan Amendment.
Adequate public facilities are available to serve the parcels proposed for the land use
designation and rezoning from General Industrial and Limited Industrial to Mixed-Use
Commercial and Mixed-UseResidential Transit Focus Area. Bayfront infrastructure and
fee programs will fund upgraded public facilities includingsewer and water mains, storm
2019-06-18 Agenda PacketPage 239 of 1481
Resolution No. 2019-______
Page 3
drains and laterals, which are planned to be upgraded and would be available to serve the
subjectparcels. Planned facilities include a new fire stationon Bay Boulevard.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
hereby approves a Land Use Amendment Initiation Request (IR19-0026) and directsstaff to
proceed with processing of a General Plan Amendment once formally submitted by the Cityas
more fully described herein.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, this _____ day of June2019, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Presented by: Approved as to form by:
____________________________ ____________________________
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
2019-06-18 Agenda PacketPage 240 of 1481
Resolution No. 2019-______
Page 4
INSERT LOCATOR MAP
EXHIBIT “A”
2019-06-18 Agenda PacketPage 241 of 1481
DESCRIPTION:
LOCATOR
City of Chula Vista
APPLICANT:
SCALE:
FILE NUMBER:
IR19-0026
No Scale
NORTH
2019-06-18 Agenda PacketPage 242 of 1481
L:\\Gabe Files\\Arcmap Locator Template\\Locators\\IR190026.ai.5.27.19
June 18, 2019File ID: 19-0293
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE THIRD
ADDENDUM (IS-17-0005) TO FEIR 02-04; APPROVING AN AMENDMENT TO THE OTAY RANCH
GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE CHANGES FOR APPROXIMATELY 36 ACRES
WITHIN THE OTAY RANCH FREEWAY COMMERCIAL PLANNING AREA 12 PLANNED COMMUNITY,
INCLUDING ASSOCIATED TEXT, MAPS AND TABLES
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENTTO
THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, DESIGN PLAN,
AND ASSOCIATED REGULATORY DOCUMENTS; ANDAPPROVING AN AMENDMENT TO THE OTAY
RANCH FREEWAY COMMERCIAL NORTH MASTER PRECISE PLAN
C.ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO OTAY RANCH FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS
FOR THE NORTHERLY FC-2 PORTION (FIRST READING)
D.ORDINANCE OF THE CITY OF CHULA VISTA APPROVING ADEVELOPMENT AGREEMENT
AMENDMENT BETWEEN THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER, LLC AND SUNRANCH
CAPITAL PARTNERS, LLC FOR THE FREEWAY COMMERCIAL NORTH PORTION OF OTAY RANCH
PLANNING AREA 12 (FIRST READING)
E.RESOLUTION OF THE CITY COUNCILOF THE CITY OF CHULA VISTA APPROVING A FIRST
AMENDMENT TO AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY ACREAGE
FOR OTAY RANCH VILLAGE TWO BETWEEN THE CITY OF CHULA VISTA AND OTAY PROJECT, L.P
F.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAPPROVING TENTATIVE
SUBDIVISION MAP CVT 19-0001 FOR OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL
NORTH
G.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW
PERMIT DR17-0037 TO CONSTRUCT A MIXED-USE PROJECT CONSISTING OF A578 UNIT APARTMENT
COMPLEX, 15,000 SQUARE FEET OF RETAIL USE, TWO INTEGRATED PARKING STRUCTURES ON TWO
LOTS CONSISTING OF 10.4 ACRES LOCATED INTHE OTAY RANCH FREEWAY COMMERCIAL NORTH,
NEIGHBORHOOD PA-12
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2019-06-18 Agenda PacketPage 243 of 1481
RECOMMENDED ACTION
Councilconduct the public hearing, adopt the resolutions and place the ordinances on first reading.
SUMMARY
Baldwin & Sons, LLC (“Applicant” or “Developer”) is proposing to amend the Otay Ranch General
Development Plan (GDP), Freeway Commercial Sectional Planning Area (SPA) Plan and the associated
Planned Community (PC) District Regulations in order to accommodate 300 additional multi-family
residential units, maximizing land use potential within walking range of the Otay Ranch Bus Rapid Transit
(BRT) stop andensuring transit-supportive densities near the BRT line. The Applicant submitted a Design
Review (DR) application for a 4-and 5-story “Texas wrap” apartment project consisting of 578 units with a
5-level parking structure and 15,000 sq. ft. of ground floor commercial. The project also includes an
amendment to the Otay Ranch Freeway Commercial North Development Agreement (DA) and an
amendment to the Agreement for the Provision of Community Purpose Facility (CPF) Acreage for Otay
Ranch Village 2. An Environmental Impact report (EIR) Addendum has been prepared in order to provide
additional information and analysis concerning land use impacts anticipated to result from the proposed
amendments. On November 16, 2017, the Applicant filed applications to process all of the subject items.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project is covered in the previously
adoptedFinal Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area
(FEIR 02-04) (SCH#1989010154). The Development Services Director has
(SPA) Plan -Planning Area 12
determined that only minor technical changes or additions to this document are necessary and that none of
the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FEIR 02-04.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On May 22, 2019 the Planning Commission took action and voted 6-1-0 that Council adopt the resolutions
and ordinances.
DISCUSSION
In September 2004, the Freeway Commercial SPA Plan and Tentative Map were adopted, entitling
approximately 1,214,000 square-feet of commercial uses, including867,000 square-feet on Freeway
Commercial South (FC-1) and 347,000 square-feet on Freeway Commercial North (FC-2). In May of 2015,
in conjunction with a first Addendum to FEIR 02-04, General Plan (GP) and General Development Plan
(GDP) amendments (Resolution No. 2015-114) entitled the development of 600 multi-family residential
units and mixed-usecommercial consisting of 15,000 square-feet of ground-floor commercial retail, and a
2-acre highly amenitized urban park, and assuredthe development of two hotels within the FC-2 portion of
the SPA. A Development Agreement was adopted viaOrdinance No. 3345 on June 29, 2015.
In September of 2016, a second Addendum to FEIR 02-04, amendments to the Otay Ranch Freeway
Commercial SPA Plan and associated regulatory documents (Resolution 2016-187); Tentative Map CVT 15-
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0007 (Resolution 2016-188); Design Review Permit DR16-0030 (Resolution 2016-189); and amendments
to the Freeway Commercial SPA’s Planned Community District Regulations (Ordinance 2016-3376) entitled
and implemented the development concept of the GP and GDP for a transit-oriented, mixed use project
with two hotels.
The 36-acre FC-2 site is currently approved for a Mixed-Use land use including 600 multi-family residential
units; a 2-acre park; 15,000 sq. ft. of commercial; and two hotels. The walkable, transit-oriented, mixed-use
neighborhood will be a mix of apartments, multi-family townhomes, two hotels, a park and 15,000 sq. ft. of
ground-floor retail/commercial space. Previously approved multi-family condominium units are under
construction west of Town Center Drive and the Marriott Residence Inn began operations inOctober of
2017. Park construction plans are in review for the 2-acre highly amenitized urban park. The drawings for
the second hotel will be considered for approval in 2019.
The Applicant is now requesting amendments to the Otay Ranch GDP, Otay Ranch Freeway Commercial
SPA Plan and its associated documents, and the Development Agreement in order to add 300 additional
residential units (for a total of 900 units) to accommodate a mixed-use project consisting of 578
apartments; 15,000 sq. ft. of commercial uses; and two integrated parking structures in lieu of a surface
parking lot on two lots consisting of 10.4 acres (DR17-0037).
Addendum to FEIR02-04
Section 21002 of the CEQA requires that an environmental impact report identify the significant effects of a
project on the environment and provide measures or alternatives that can mitigate or avoid those
significant effects. The Freeway Commercial SPA was analyzed in the previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan
-Planning Area 12 (FEIR 02-04) (SCH #1989010154). The First Addendum to the FEIR was approved for
the General Plan and Otay Ranch General Development Plan Amendments in May 2015. The Second
Addendum to the FEIR was approved for the SPA Plan Amendmentin September2016. The First and
Second Addendato the FEIR analyzed the impact of the General Plan, General Development Plan and SPA
Plan amendments,based on the urban, mixed use development proposal. As a result of this analysis, the
basic conclusions and impacts identified in FEIR 02-04 were determined to not have changed. The land use
and public service impacts for the proposed project are found to be less than significant and were
adequately covered in FEIR 02-04for the previous two Addenda. Therefore, in accordance with Section
15164 of the CEQA Guidelines, the City has prepared the ThirdAddendum to the FEIR. The Third
Addendum provides an environmental analysis of the potential impacts associated with implementing the
proposed Freeway Commercial SPA Plan and Master Precise Plan Amendment.As a result of this analysis,
the basic conclusions and impacts identified in FEIR 02-04 were determined to not have changed. The land
use and public service impacts are found to be less than significant for thisSPA Plan amendment, Design
Review and Tentative Map proposed project and were adequately covered in FEIR 02-04.
GDP, SPA Plan and DA Amendment(s)
1.Location, Existing Site Characteristics, and Ownership
The Freeway Commercial SPA Plan area is generally located south of Olympic Parkway, north of Birch
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2019-06-18 Agenda PacketPage 245 of 1481
Road, east of State Route 125 and west of Eastlake Parkway (see Locator Map, Attachment 2). This
amendment is limited to the FC-2 portion of the SPA Plan, located between Olympic Parkway and the
existing Otay Ranch Town Center mall.
The project is located within a 10-minute walk of the Otay Ranch BRT station, a major transit hub with an
express connection to downtown San Diego, as well as next to bus stops serving 2 local routes connecting
the project to Southwestern College and the H Street Transit Center, which is a Blue line trolley stop. Both
BRT and localbuses will connect the project to the Millenia Office Campus with its 1.4 million sq. ft. of office
space, immediately south of Birch Road. The future University and Innovation District development is a
20-minute bicycle ride and will also be connected via transit routes.
The FC-2 mixed-use district is currently under construction, in various stages of completion. One of the
two hotels, the Residence Inn by Marriott, has been open since October of 2017.The second hotel is in the
design development phase and will be submitted for review in 2019. Two condominium neighborhoods
west of Town Center Drive are in early phases of construction. The public park received City Council
approval in September 2018 and is currently in the construction permitting phase. The eastern portionof
the FC-2 site remains vacant and undeveloped.FC-2 is an infill development surrounded by existing roads,
utility services, schools, hospitals, retail centers and entertainment. It is within a ten-minute walk of the
Otay Ranch Town Center mall with its 23 restaurants, movie theater and library, within a 20-minute walk
of the Marketplace at Windingwalk containing a Vons grocery store, 8 restaurants and 11 various
commercial services. Within a 20-minute bike ride, FC-2 residents can reach Southwestern College,
Eastlake Business Park, LA Fitness gym, Scripps Coastal Medical Center, and Mattress Firm Amphitheater.
The eastern undeveloped portion of FC-2 is owned by Village II Town Center, LLC.
Table 1 –Existing General Plan, GDP, SPA Plan Land Use Designations and Land Use
General PlanOtayRanchCV Municipal PC District Land Existing
GeneralCode ZoningUse DesignationLand Use
Development
Plan
Site–Commercial Retail FreewayPlannedH–CommercialH –hotel
Freewayin FC-1 and Retail Commercial in CommunityHotelRM –under
CommercialCommercial/Mixed FC-1and(PC)RM -Multi-family construction
Use Residential in FreewayResidentialforMulti-
FC-2CommercialR/MU–Multi-Family
and Mixed Use FamilyResidential; P,
in FC-2Resid./Mixed UseR/MU, C/MU -
C/MU-Mixed-Use vacant. FC-1
Comm/MFdeveloped as
P -ParkOtayRanch
Town Center
mall.
Eastlake
NorthCommercial RetailN/A-thePlannedFreewayTerraces
EastlakeIICommunityCommercial-FCshopping
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2019-06-18 Agenda PacketPage 246 of 1481
General PlanOtayRanchCV Municipal PC District Land Existing
GeneralCode ZoningUse DesignationLand Use
Development
Plan
Freeway(PC)center
Commercial
EasternUrbanEUC (Millenia)PlannedGatewayMixedMillenia
SouthCenterCommunityUseCommercialCommons
(PC)Districtandshopping
Northeasterncenterand
NeighborhoodMulti-Family
DistrictResidential
Village 11PlannedRM1Fully
Low-Medium
EastResidential, Mixed Medium-HighCommunitydeveloped
Use ResidentialDensity(PC)residential
Residential
Village6PlannedRM1 and RM2Fully
Medium
WestResidential, Mixed Medium-HighCommunitydeveloped
Useresidential, Density(PC)residential
Low-MediumResidential,
Residential,Low Medium
Public/Quasi-Village
Public, Parks & Density
RecreationResidential
2.Project Description
The proposed amendment adds300 units to the previously approved urban mixed-use multi-family
neighborhood.These additional units will achieve the higher density and massing desired for an
innovative smart growth design on the eastern portion of the project, consistent with the existing Mixed-
Use Residential (MUR) land use designation provisions. No changes to the land use plan, hotels, 15,000 sq.
ft. of commercial, or previously approved multi-family neighborhoods on the west side of FC-2 are
proposed. All of the additional units will be allocated to R/MU, on the east side of the project. The project
will consist of two separate lots with a private street bisecting the two parcels. Lot 1 proposes a 4 to 5-
story building with 15,000 square-foot of retail along Town Center Drive and 237 apartment units, with the
apartments surrounding a 5-story parking structure. Lot 2 proposes a 4-story building with 341 apartment
units that surround a 5-story parking structure. This form of development eliminates the need for large
areas of surface parking lots, allowing more space for parks and residential amenities. By not having a
surface parking lot, the project’s open space area increases by 173%, from 45,300 sq. ft. in the previous
design concept to 123,600 sq. ft. under the subject plan, not counting the interior building amenities.
Conversely, the land area covered by parking was reduced by 53%, from 173,000 sq. ft. in the previous
design with surface parking to 81,200 sq. ft. of garage footprint. The site plan for the mixed-use apartments
now includes two large pools (one in each building), three private parks, a playground, a dog run,
amenitized outdoor mingling areas with cabanas, fire pits, and hanging day beds, as well as approximately
10,000 sq. ft. of interior recreational space.
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2019-06-18 Agenda PacketPage 247 of 1481
The 578-unit apartment mix is comprised of 56 studios, 290 one-bedroom units, and 232 two-bedroom
units. The floor plans range from approximately 600 sq. ft. to 1,200 sq. ft. with dual master bedrooms,
which allow for roommate living. This type of rental housing is especially attractive to students, retail
workers, and the future office campus employees, providing a range of housing choices in the Chula Vista
housing market, which is heavily skewed toward single-family detached homes.
The 15,000 sq. ft. of proposed commercial space will be located on the ground floor in Building A along
Town Center Drive. This location provides commercial uses with optimal visibility from the street and sets
it as a gateway to FC-2. The sidewalk along ground-floor commercial on Town Center Drive has been
expanded from the standard 6-foot width to a 38-foot wide pedestrian zone, including a 13-foot wide
sidewalk and a 12-foot wide plaza with seating areas and planters for an inviting pedestrian environment.
The retailspaces provide large windows on the ground floor, variation in façade treatment, and seating for
human-scale architecture.
The project contains transit and pedestrian-friendly elements throughout the site. Tree-lined landscape
parkways, setbacks to promote a comfortable pedestrian-oriented environment, and pedestrian-scale
facade features on sidewalk-fronting buildings are proposed throughout the development. Several way-
finding signs will be installed on Town Center Drive directing pedestrians to the BRT stations, library, and
public park.
The following is an Analysis of the project approvals that were submitted as part of this application:
Analysis
1.Otay Ranch GDP Amendment
The Otay Ranch GDP provides a vision and direction for the planning of the Freeway Commercial area,
including the FC-2 subarea. The vision of the GDP for thisareais the provision of hotels and high density
residential in a mixed-use urban character setting that includes ancillary commercial uses and an urban
park.
The proposed amendment is consistent with the current land use designations and density allowed by the
GDP. A Mixed-Use district, which is the current approved land use district in FC-2, allows a density range
between 28-45 dwelling units (DU) per acre. With the additional 300 units, the overall project density is
33.7 DU per acre.
GDP amendments include updating project summary tables, population rates and number of units to reflect
theadditional 300 units. The comprehensive list of all the proposed GDP policies is located in Appendix B
of Attachment 12.
2.Otay Ranch Freeway Commercial SPA Plan Amendment
With its mixed-use zoning, proximity to good transit service and existing commercial developments, and
good walking and cycling conditions, the FC-2 site meets the criteria for high-density compact
development. In accordance with General Plan Objective H3, “the provision of new housing opportunities
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within mixed-use areas and at higher density levels, particularly in transit focus areas and identified town
centers, is encouraged. Mixed use and compact developments can result in easier access to goods and
services, and increased employment and business opportunities, and the creation of vibrant community
places.” The proposed density increase will allow FC-2 to fully maximize its land use potential within
walking range of the Otay Ranch BRT stop and ensures transit-supportive densities near the BRT line. At
900 residential units, the project will be at the mid-range of the permitted density for a Mixed-Use district.
The apartments will have the highest density and will be located along Town Center Drive and Olympic
Pkwy. Lower density townhomes and condominiums are set back towards the west side of the project site,
thus providing a variety of housing types.
Parks, Open Space & Trails
The FC-2 amendment triggers new fees for parks. With the additional 300 multi-family units, the project
parkland demand totals 7.05 acres based on Chula Vista Municipal Code (CVMC) Section 17.10. The project will
meet its parkland obligation of 7.05 acres through two mechanisms. The obligation of the previously entitled
600 residential units will be met through the provision of a 2-acre public park enhanced through additional
amenities to a value equivalent to 4.69 acres of parkland, to bemaintained through a Community Facilities
District rather than the City General Fund, per the Freeway Commercial North Development Agreement. Due to
the lack of available land within the project to site additional park acres, staff proposes to waive the Parkland
Acquisition and Development (PAD) Fee for units developed in excess of the original 600. The Applicant will
instead pay an equivalent in-lieu Park Benefit Fee to address the impacts from the proposed new units. Based
on current PAD fees, the Applicant will pay approximately $4,580,100 in Park Benefit Fees if all 300 additional
units are constructed. The Park Benefit Fees will be used to provide or enhance parksthat serve the City’s
eastern territories.
In accordance with the Otay Ranch Resource Management Plan (RMP), parcel FC-2 has a preserve land
conveyance obligation of 40.761 acres that will be conveyed upon approval of the first final map. In
associationwith the original Final Map for this Project, Map 16291, 40.761 acres were conveyed to the Otay
Ranch Preserve Owner Manager via recorded Open Space Easement Doc# 2018-0325995.
Community Purpose Facilities
CVMC Section 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for Community
Purpose Facilities (CPF) when creating a SPA Plan. With the additional 300 multi-family units, the Project
will require 3.24 acres of CPF. In accordance with the provisions of Section 5.3.2 of the amended
Development Agreement for Freeway Commercial North, the Applicant may satisfy its CPF requirement in
any manner consistent with CVMC Section 19.48.025, which may include the provision of the CPF land
offsite, alternative compliance, or adjustments to the percentage limitations on the types of facilities,
including recreational facilities, that may count toward satisfying the CPF requirement, all in the discretion
of the Director of Development Services.
Freeway Commercial PC District Regulations Amendments
The PC District Regulations amendment is limited to the mixed-use apartments where the additional 300
multi-family units will be allocated. No changes are proposed to the Land Use matrix, or the previously
approved regulations for hotels and condominium projects.
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The proposed revisions to the Development Standards are as follows:
Table 2–Development Standards
StandardCurrently ApprovedProposed Change
Private Useable Studios, 1-bedroom, and units above first 60 sq. ft. per unit
Open Spacestory: 60 sq. ft.
Ground floor units:
80 sq. ft. for 2 bedroom units
100 sq. ft. for 3 bedroom units
Parking1-bedroomunits: 1.5 spaces/unitAdd 1.0 space/unit for studios
2-bedroomunits: 2.0 spaces/unit4 spaces/1,000 sq. ft. for
3-bedroomunits: 2.25 spaces/unitcommercial mixed-use
Guest parking ratio of 0.33 is included in
above ratios.
Freeway Commercial SPA Plan Design Guidelines Amendments
The Freeway Commercial North Design Plan was updated to include the proposed new site plan for the
apartments on the east half of FC-2. Specific design guidelines for residential and mixed use
commercial/residential are provided in the Master Precise Plan.
Public Facilities Finance Plan(PFFP) and Fiscal Impact Analysis (FIA)
A PFFP has been prepared as a supplemental document to the original PFFP dated April 1, 2003. The
Freeway Commercial North Supplemental PFFP for this project analyzes the proposed 300-unit addition,
any potential impacts on public facilities and services, and identifies the facilities, phasing and timing
triggers for the provision of facilities and services to serve the project, consistent with the City’s Quality of
Life Threshold Standards. The PFFP describes in detail the cost, financing mechanism and timing for
construction of necessary public facilities based on the project’s proposed phasing.
The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the
Tentative Map, requiring payment of various fees at the buildingpermit stage, and/or continuing payments
under the approved Community Facilities District to finance or maintain public facilities. The PFFP
included an analysis of transportation, drainage, water, sewer, fire, schools, libraries, parks, and fiscal
impacts of the project.
The supplemental PFFP also includes a Fiscal Impact Analysis (FIA) of the Freeway Commercial North plan
and phasing program. The Freeway Commercial North Supplemental FIA has been prepared using the
City’s current fiscal impact analysis model. It is important to note that the FIA presents a projection of the
anticipated fiscal impacts of the development, based upon the best information currently available. Actual
fiscal impacts as a result of the development may vary from model outcomes.
Based on the FIA and the assumptions contained therein, both the currently approved project and the
proposed amendment are projected to generate a positive net fiscal impact to the City’s General Fund. The
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relative fiscal performance of the currently approved project and the proposed project over the next 10
years are compared in the table below.
Table 3 –Comparison of Modeled Fiscal Impact Scenarios (Annual Net Impact, Millions)
Year 1Year 2Year 4Year 6Year 8Year 10
Revenues$0.65$0.76$1.83$2.12$2.24$2.30
Approved ProjectExpenses($0.01)($0.13)($0.42)($0.67)($0.68)($0.69)
Net Impact$0.65$0.63$1.41$1.46$1.56$1.62
Revenues$0.65$0.79$2.04$2.31$2.37$2.44
Expenses($0.01)($0.13)($0.72)($0.98)($0.99)($1.01)
Proposed Project
Net Impact$0.65$0.66$1.32$1.33$1.38$1.43
Overall, comparing the projected net annual fiscal impacts in year 10 for the currently approved project
and the proposed project ($1.62 million and $1.43 million, respectively) indicates a $0.19 million reduced
annual positive fiscal impactto the City.
Affordable Housing Plan
The Chula Vista General Plan Housing Element contains objectives, policies and action programs to
accomplish key affordable housingobjectives. Key among these is the affordable housing policy which
requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of
the total dwelling units for low-and moderate-incomehouseholds; one-half of these units (5% of the total
project) being designated for low-income, and the other half (5%) being designated for moderate-income
households.
Based on the entitlement of 900 residential units in FC-2, 45 low-income and 45 moderate-income
affordable units are required. These affordable housing units may be located either within or outside the
plan area.
An Amended and Restated Housing Development Agreement between the City of Chula Vista and Baldwin
and Sons was executed on September 21, 2017, which allows the Developer to satisfy its affordable housing
obligation throughcredits earned by the development of off-site housing at the Olympic Training Center.
The Project may satisfy its affordable housing obligation through a combination of on-site and off-site units.
Water Conservation Plan
The City of Chula Vista’s Growth Management Ordinance requires that all development of 50 units or more
prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan presents a review of presently
available technologies and practices that result in water conservation. This plan identifies water
conservation measures that will be incorporated into the project as a condition of approval on the SPA
Plan. A WCP, consistent with the current City standards,has been prepared as a part of the proposed
project. This WCP covers additional land uses proposed by this amendment.
The FC-2 WCP requires that residential development provide hot water pipe insulation, pressure reducing
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valves and water efficient dishwashers. Non-residential measures include hot water pipe insulation,
pressure reducing valves and compliance with Division 5.3 of the California Green Building Standards Code.
In addition, to comply with the City’s current water conservation requirements, the developer will also
include dual flush toilets and water efficient landscaping. Together these measures annually save
approximately 8,850 gallons per multi-family unit.
The WCP also provides a discussion of the local water conservation requirements related to the use of
reclaimed water. The City of Chula Vista Landscape Manual requires the use of recycled water for
irrigation of parks, median landscaping, open space slopes, and common landscaped areas. The Landscape
Manual also requires some drought tolerant plant selection in the landscaping plan and the use of
evapotranspiration controllers for parks and common landscaped areas. Additionally, the Landscape
Water Conservation Ordinance is expected to reduce outdoor water consumption due to the setting of strict
water budgets on City approved landscape plans that must not be exceeded. The use of recycled water and
other water conservation measures is expected to reduce potable water usage by 53,385 gallons per day
(gpd), or 24%.
The proposed conservation measures outlined above, and identified in the FC-2 WCP, comply with the City
of Chula Vista’s Growth Management Ordinance and the goals, objectives and policies of the City’s General
Plan and the Otay Ranch GDP. See the Water Conservation Plan section of the SPA Planfor additional
information.
Air Quality Improvement Plan
The City has included a Growth Management Element (GME) in its General Plan. One of the stated
objectives of the GME is to actively plan to meet federal and state air quality standards. This objective is
incorporated into the GME’s action program. In addition, the City’s Growth Management Ordinance (CVMC
19.09) requires that an Air Quality Improvement Plan (AQIP) be prepared for all major development
projects (50 dwelling units or greater) as part of the SPA Plan process. A new AQIP has been prepared by
Criterion Planners for the FC-2 SPA amendment to comply with the City’s current AQIP Guidelines.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from
development and to demonstrate how the project’s design reduces vehicle trips, maintains or improves
traffic flow, reduces vehicle miles traveled and reduces direct or indirect greenhouse gas emissions. FC-2 is
considered as an infill project site whose AQIP value derives in large part from existing surrounding uses
interface with the project site. In accordance with the AQIP Guidelines that allow for utilization of other
“equivalent” alternative programs such as LEED ND to demonstrate compliance with INDEX thresholds,
AQIP analysis for FC-2 was completed using the LEED-ND rating system in lieu of INDEX indicators.
Based on the FC-2 project site characteristics, proposed development plan, and surrounding conditions, the
AQIP analysis finds that FC-2 scores the equivalent of 56 points, which would earn a Silver certification
under the LEED-ND rating system. Criterion Planning was the expert consultant, who in conjunction with
City staff worked on the original development of the INDEX indicator thresholds for the City. Based on
their experience with the INDEX model and certifying over 100 LEED-ND projects nationally, the consultant
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concluded that the base ND certification of 40 points is the functional equivalent of INDEX indicator
thresholds. A score of 56 points exceeds the INDEX thresholds and demonstrates clear AQIP compliance.
Fire Protection Plan (FPP)
As determined by the Fire Chief, this project does not require anFPP because it is considered an infill site
that is surrounded by manmade slopes and development.
3.Master Precise Plan Amendment
Master Precise Plan text and exhibits wereupdated to reflectthe proposed new site plan for the
apartments on the east half of FC-2. Overall, the apartment project is consistent with the previously
established architectural theme of development and its character of a compact walkable urban community.
The new wrap style buildings carry the Santa Barbara design theme of Otay Ranch, with its own unique
elements of Spanish Eclectic and Contemporary California to complement the design theme of the
surrounding neighborhoods.
4.Development Agreement Amendment
TheDevelopment Agreement is amended to allow for up to 900 residential units and associated
development triggers for provision of the secondhotel, community purpose facilities, and park
requirement updates. In addition, the amendment waives the City’s PAD fee and requires an in-lieu Park
Benefit Fee for any residential units constructed in excess of the originally approved 600.
5.Village 2 CPF Amendment
The PA-12 Development Agreement allows for provision of CPF land offsite. This project includes an
amendment to Applicant’s Village 2 CPF Agreement, which will change the timing of the delivery of the CPF
land. This will ensure that the Applicant meets their CPF obligation at whichever trigger occurs first,
whether Village 2 or Freeway Commercial.
6.Tentative Map
The Applicant intends to build and operate the project as apartments. The purpose of the tentative
subdivision map is to allocate the additional 300 units to the R/MU land use district. The tentative map
creates 608 residential lots, 10 commercial lots, and 1,049 parking condominium lots on 10.405 acres of
land.
Project Access
Access to the project area is provided from Olympic Parkway via Town Center Drive and Promenade Street,
a private street. All streets will conform to the guidelines set forth in the Freeway CommercialSPA Plan
and City of Chula Vista street design guidelines.
Subdivision Design
The subdivision design consists of 2multi-family residential lotsand1private street lot. The subdivision
will allow a maximum of 608 residential units and 10 commercial units. Because parking is provided in the
common structure, the map creates 1,049 condominium parking spaces.
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Grading
The site is atriangularly-shaped lot bounded by Olympic Parkway on the north, Town Center Drive on the
west, Otay Ranch Town Center Mall on the south, and Eastlake Parkway on the east. The east portion of
Freeway Commercial was sheet-graded in 2002 as a single large pad, mildly sloping (2%) from southeast to
northwest, with a temporary sediment basin near the intersection of Olympic Parkway and Town Center
Drive. The pad area is generally located above the adjacent streets, with a maximum slope height of
approximately 10 feet above the intersection.
The Applicant must obtain a LandDevelopment Permit prior to beginning any earthwork activities at the
site and before issuance ofbuilding permits in accordance with CVMCChapter 15.05. The Applicantmust
also submit grading plans in conformance with the City's Subdivision Manual and theCity' s Development
Storm Water Manual requirements.
7.Design Review
The project includes a Design Review permit (DR17-0037) for a 578-unit multi-family development with
15,000 sq. ft. of ground floor commercial, which is consistent with and implements the intent and design
vision contained in the Freeway Commercial North Design Plan and Master Precise Plan (MPP).
Project Site Characteristics
The 10.4-acre Project site is located within neighborhood R/MU and C/MU in the eastern portion of
Freeway Commercial North, on a vacant, flat and mass graded parcel eastof Town Center Drive. It is
bordered by Olympic Parkway on the north, Town Center Drive on the west, Otay Ranch Town Center mall
on the south, Eastlake Parkway on the east.
Project Description
The project consists oftwo separate lots with a private street bisecting the two parcels. Lot 1 (Building A)
proposes a 4 to 5-story building with 15,000 square-feet of retail along Town Center Drive and 237
apartment units around a 5-story parking structure. Lot 2 (Building B) proposes a 4-story building with
341 apartment units around a 5-story parking structure. There is direct access to residential units from
each level of the parking garage through interior corridors. For Lot 1, the apartment unit mix is comprised
of 32 studios, 117 one-bedroom, and 88 two-bedroom units. For Lot 2, the apartment unit mix is
comprised of 24 studios, 173 one-bedroom, and 144 two-bedroom units. For the total of 578 units in both
buildings, the unit mix is as follows: 10% studios, 50% 1-bedroom, and 40% 2-bedroom units. There are
two different floor plans for a studio, five floor plans for a one-bedroom, and six floor plans for a two-
bedroom unit. Each unit has a minimum 60 sq. ft. balcony
The Project meets the required open space and parking for the site. Private open space is provided by
balconies at each residential unit. Common open space is provided by several courtyard areas, private mini
parks, two swimming pools –one at each building, dog park, tot lot, and two project entry park areas.
There are two driveway entrances, one off of Town Center Drive and one off of Promenade Street. Adjacent
to the south of the project is the new BRT line. Ground floor commercial is located entirely in building “A”
along Town Center Drive. This building also includes a leasingoffice. Both buildings have elevators and
trash chutes.
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Compliance with Development Standards
The following Project Data Table shows Freeway Commercial SPA development regulations along with the
Applicant’s proposal to meet said requirements.
Table 4 –Project Data Table
Assessor’s Parcel Number:643-020-88-00
Current Zoning:R/MU and C/MU
General Plan DesignationMixed Use Residential
Lot Area:10.4 ac
PARKING REQUIRED:PARKING PROPOSED:
ResidentialResidential
Lot 1, Building A:Lot 1, Building A:
1 space per studio (x 32 units)401 spaces are provided (24 extra)
1.5 spaces per 1-bed (x 117 units)
2.0 spaces per 2-bedroom (88 units)
Total: 384 spaces
Lot 2, Building B:
Lot 2, Building B:Total: 597 spaces are provided (25 extra)
1 space per studio (x 24 units)
1.5 spaces per 1-bed (x 173 units)
2.0 spaces per 2-bedroom (144 units)
Total: 572 spaces
Commercial:
Commercial:Total: 67 parking spaces are provided (7 extra)
4 spaces per 1,000 sq. ft. of commercial
(x 15,000 sq. ft)
Total: 60 spaces
Setbacks/Height REQUIRED:Setbacks/Height PROPOSED:
Front: Subject to Design ReviewFront: Setback along Olympic Pkwy and
Side: Subject to Design ReviewEastlake Pkwy: 18’
Rear: Subject to Design ReviewSide: Setback along Town Center Drive: 25’
Height: 75’* Rear: Setback along BRT guideway:10’
*Building features may exceed maximum height Height Bldg “A”:
with Design Review approval.84’-8” to 61’-8” along Olympic Pkwy.
79’-8” along Town Center Dr.
51’-10” along Promenade St.
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Height Bldg “B”:
61’-8” to 48’-11” along Olympic Pkwy.
48’-11” along Town Center Dr.
48’-11” along Eastlake Pkwy
58’-6” along Promenade St.
OPEN SPACE REQUIRED:OPEN SPACE PROPOSED:
Common Useable:Common Useable:
200 sq. ft. per unit x 578 units 115,665 sq. ft.
Total common space required: 115,600 sq. ft.
Private Useable:Private Useable:
60 sq. ft. per unit x 578 units36,943 sq. ft. (2,263 sq. ft. over req.)
Total private space required: 34,680 sq. ft.
Compliance with Freeway Commercial SPA Design Guidelines
Staff is utilizing the Otay Ranch Freeway Commercial SPA Planned Community District Regulations and the
Freeway Commercial North Master Precise Plan to evaluate this project. The applicable design criteria are
first presented in italics followed by staff discussion, analysis and staff recommendation in non-italics.
Site Planning and Building Placement/Orientation
Encourage multi-modal street design. Enhance the pedestrian and cyclist experience.
Create courtyards and paseos, extending the park experience across Town Center Drive to enhance
pedestrian connections and provide a variety of places for people to socialize and enjoy nature.
Neighborhood streets should promote a social street life experience.
Angled parking along Town Center Drive.
Well defined pedestrian circulation with pedestrian connection to nearby transit station.
Project design follows the above criteria.
To encourage multi-modal design, Town Center Drive is designed to provide sharrow markings connecting
the project to the existing bike lane route along Olympic Parkway. Back-in diagonal parking along Town
Center Drive prioritizes pedestrian and bicyclist safety and slows down traffic. The project is providing a
secure onsite bike storage facility. Pedestrian and cyclist experiencesareenhanced with pedestrian-
friendly features along the streets, such as tree-lined landscape parkways, hardscape with pavers in special
locations and tree wells to buffer pedestrian sidewalks; setbacks to promote a pedestrian-oriented
environment; pedestrian-scale façade features on sidewalk-fronting buildings such as horizontal
components, overhangs, facade detail, display areas, and pedestrian seating along ground floor commercial
frontage. Streets include pedestrian-scale lighting in addition to street light poles and street trees.
Pedestrian breezeways are provided through the buildings in key locations to facilitate pedestrian
connections. Connection to local bus stations is provided via a direct route along Town Center Drive to the
bus stop on Olympic Parkway and via Promenade Street to the bus stop on Eastlake Parkway. Connection
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to the BRT Park & Ride station is provided via Town Center Drive, and along a palm tree-line pedestrian
walkway through Otay Ranch Town Center mall.
The innovative type of building, the so-called “Texas wrap” intrinsically encourages pedestrian activity
through the nature of its building configuration. Since the parking structure cannot be seen from the street
and greatly reduces surface parking, the project has an increased visual appeal and safety (i.e. minimizing
pedestrian and vehicular conflict). Additionally, this style of architecture encourages pedestrian activity
through a mix of uses, higher density and enhanced pedestrian-oriented design.
Architectural Theme
Buildings shall use simple massing forms that convey solid construction techniques. The design of
all front or pedestrian-oriented building elevations shall clearly convey a distinct base, middle, and
cornice feature.
Building massing shall be broken up subtly into smaller units to engage the streetscape with
pedestrian-scaled features.
Elevations shall be articulated to reduce the box-like appearance and visual impact ofrepetitive
rooflines.
In larger buildings or groups of buildings, massing shall be accented with pronounced horizontal or
vertical massing features. This may include a tower element, vertical stair element, horizontal
colonnade or horizontal succession of porches or trellis features, a colonnade, projecting eaves,
accented vertical parapet or offset parapets, or similar design features.
Large, uninterrupted wall planes are prohibited. Where entries, windows, glazing, or other
articulating features are not feasible, elevations shall be broken up with the use of wall plane
offsets, change in materials, and/or change in color.
The project design meets the requirements above.
The proposed buildings on the site will take on an aesthetic of abstract Spanish with elements of
contemporary California, which identifies with a lively urban lifestyle, but still rooted in history.
Architectural elements such as awnings, balconies, and trellises are appended to the building for interest
and reducing mass. The buildings will employ mostly exterior plaster, accented with wood siding of
various hues and finishes to add interest. Furthermore, in order to avoid monolithic buildings of the same
continuous height, the buildings are topped with gable and hipped roof elements adjacent to flat, parapet
roofs, adding to the contemporary nature of the style.
Building “A” embodies the mixed-use element of the project with a more “Irving Gill” inspired architecture,
incorporating clean lines, varied roof elements, and arches. The area fronting Town Center Drive will be
lined with retail function, with accent materials such as stone and wood siding materials, and a continuous
storefront façade. Building “B” is all residential and will have mostly exterior plaster with enhanced
materials, including wood elements such as siding and awnings. Both buildings will look different, but will
complement each other through massing, color, and materials.
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Building “A,” which is situated along Town Center Drive is composed of ground floor retail serving the local
residents and visitors, and 4 and 5 stories of multi-family residential units above. Building “B” contains 4
levels of multi-family residential units. The design features include:
Primary enhanced architectural elements located at the corner of Town Center Drive and Olympic
parkway to the north and the Otay Ranch Town Center Mall parking lot entry to the south.
A park/plaza space, along with a secondary enhanced architectural element at the corner of Town
Center Drive and Private Drive.
Special architectural enhanced facades along Town Center Drive and Centerpark public park.
Enhanced architectural elements at the corner of Promenade St. and Olympic Parkway.
The interface between Building “A” and Building “B” along Promenade Street are well-defined.
Both buildings employ courtyards that break up the massing along Promenade Street and avoids
long stretches of shadow for a more pedestrian friendly experience.
The courtyards and walkways along Promenade Street are landscaped to enhance the pedestrian
experience.
Amenity courtyards and vehicular entry drives for both buildings front each other andpromote
ease of pedestrian flow between buildings and social interaction.
Vehicular entries occur at the same intersections for both buildings to minimize curb cuts,
minimizing potential conflicts between pedestrians and vehicles.
Parking
See Project Data Table above.
The project meets its accessible parking requirement of 3 American Disabilities Act (ADA) spaces for
commercial parking, 8 ADA spaces for residential parking in Building “A” and 12 ADA spaces for residential
parking in Building “B.”
Open Space
The Freeway Commercial SPA regulations require 200 sq. ft. of Common Usable Open Space per unit in the
R/MU zoning district. The project requires 115,600 sq. ft. of Common Usable Open Space for 578 units; a
total of 115,665 sq. ft. is provided. The SPA Plan also requires 60 sq. ft. of Private Open Space per unitfor a
total requirement of 34,680 sq. ft.; a total of 36,943 sq. ft. is provided.
Storage
Although the project is proposed as apartments, which do not require provision of storage space that are
required for condominiums, the project provides storage space for condominiums. For studio and one-
bedroom units, the required storage space is 150 cubic feet (cu. ft.); the project provides 202-364 and 189-
287 cu. ft., respectively. For two-bedroom units, the storage requirement is 200 cu. ft. and the project
provides440 cu. ft. of storage space.
Public Outreach
On February 1, 2018 the Applicant facilitated a community meeting at the Otay Ranch Library Branch in the
Otay Ranch Town Center (The Hub). Four people from the public were in attendance along with staff and
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the applicant team. The key issues raised at this meeting were California Environmental Quality Act
review, traffic impacts, pedestrian safety, and adequate services citywide. Also, the residents expressed
that there were more people who would be interested in attending the meeting who did not receive the
meeting notice. As a result of the issues raised, staff and the Applicant informed those in attendance that a
second meeting would be held.
On March 12, 2018 the Applicant facilitated a second community meeting at the Otay Ranch Residence Inn,
which is located onsite at the Freeway Commercial SPA. Approximately 15 people from the public were in
attendance along with staff and the applicant team. Similar concerns were expressed at this meeting as the
first meeting.
On October 16, 2018 the Applicant facilitated a third community meeting at the Otay Ranch Residence Inn.
Approximately 20 people from the public were in attendance along with staff and the applicant team. Staff
prepared a response to the issues raised by the residents at the three public community meetings. The
response matrix is provided as Attachment 6.
Conclusion
Within Freeway Commercial North, the proposed integrated land uses, development intensities and
grading program directly implement the provisions of the City’s GP and the Otay Ranch GDP that foster
“Smart Growth.” The proposed project provides all of the public facilities required by the Otay Ranch GDP.
The additional higher-density mixed use residential located proximate to the hotels, park, and ancillary
retail commercial further implement pedestrian-and transit-oriented policies and is in conformance with
the goals, objectives and policies of the GP and the Otay Ranch GDP. The Development Agreement contains
specific triggers for the provision of the second hotel, urban park and CPF.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 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)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t
Code §87100, et seq.).
Staff is not independently aware andhas 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.
CURRENT-YEAR FISCAL IMPACT
All costs associated with processing the Project are borne by the Applicant, resulting in no net impact to the
General Fund or Development Services Fund. Costs associated with the processing of future implementing
permits, will also be recovered by permit and processing fees.
ONGOING FISCALIMPACT
The proposed project results in an increase of 300 multi-family units within Freeway Commercial North.
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The Supplemental FIA for the Freeway Commercial North Amendment estimates an average positive net
fiscal impact of $1,184,595 annually over thenext ten years. This represents an average decrease of
approximately $95,931 annually, as compared with the approved project for the same period. See the
following table for additional detail.
Table 5 –Projected Net Fiscal Impact
Approved ProjectProposed ProjectChange
10-Year10-Year10-Year
CumulativeAverageCumulativeAverageCumulativeAverage
Projected
$ 17,571,885 $ 1,757,188 $ 18,997,264 $ 1,899,726 $ 1,425,379 $ 142,538
Revenues
Projected
Expenditures$ (4,766,623)$ (476,662)$ (7,151,311)$ (715,131)$(2,384,688)$(238,469)
Projected
Net Impact$ 12,805,262 $ 1,280,526 $ 11,845,953 $ 1,184,595 $ (959,309)$ (95,931)
ATTACHMENTS
1.Locator Map
2.Planning Commission Resolution GDP/SPA/MPP/DAs/Addendum
3.Disclosure Statement
4.Development Agreement Amendment
5.First Amendment to CPF Agreement for Village 2
6.Issues Response Matrix to Community Meeting(s) Comments
7.Response letter –Lozeau Drury
8.GDP and SPA Amendments
9.Tentative Map
10.Design Review
11.Third EIR Addendum
12.Technical Reports
Otay Ranch GDP, Freeway Commercial North SPA Amendments, Tentative Map, Design Review, and
Third Addendum to FEIR 02-04, and Technical Reports (Flash drive provided)
Staff Contact:Stan Donn, SeniorPlanner, Development Services Department
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RESOLUTION NO. GDPA/MPA17-0012; MPA 17-0011; IS 17-0005; DR17-0037;
PCS 19-0001
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL:
1) CONSIDER THIRD ADDENDUM TO FEIR02-04; 2) APPROVE
AMENDMENTSTOTHEOTAYRANCHGENERAL
DEVELOPMENT PLAN (GDP); FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN, COMMUNITY
DISTRICT REGULATIONS,DESIGN PLAN,LAND USE DISTRICTS
MAPANDASSOCIATEDREGULATORYDOCUMENTS;
DEVELOPMENT AGREEMENT; AND OTAY RANCH FREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN FOR OTAY
RANCH PLANNING AREA 12 FREEWAY COMMERCIAL NORTH;
ANDCOMMUNITYPUBLICFACILITYAGREEMENT
AMENDMENT FOR VILLAGE 2.
WHEREAS, the parcel, that is the subject matter of this resolution, is represented
in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose
of general description is located in the northern 36-acre portion of Freeway Commercial
Planning Area 12 of Otay Ranch(Project Site); and
WHEREAS, on November 16, 2017, a duly verified applicationwasfiled with the
City of Chula Vista Development Services Department by Baldwin & Sons (Applicant)
requesting approval ofamendmentsto the Otay Ranch General Development Plan (GDP)
(MPA17-0012), Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan
(MPA17-0011),including the Planned Community District Regulations, and Design Plan;
Master Precise Plan(MPP)and Development Agreement (DA) for the Freeway
Commercial North portion of Otay Ranch Planning Area12(PA-12)to add 300 multi-
family units within the easterly portion ofthe approximate 10.4acre project site, including
Initial Study (IS17-0005), Design Review Permit (DR17-0037);and Tentative Subdivision
Map (PCS19-0001), and a separate Community Public Facility (CPF)Agreement for
Village 2 (the “Project”); and
WHEREAS, the property has beenthe subject matter of an amendment to the City’s
General Plan (GP) and the Otay Ranch General Development Plan (GDP) approved on
May 26, 2015 and adopted by City Council by Resolution No.2015-114; andthe Otay
Ranch Freeway Commercial SPA Planand associated regulatory documents approved on
September 13, 2016 by Resolution No. 2016-187; Tentative Map CVT 15-0007 by
Resolution No. 2016-189; amendments to the Otay Ranch Freeway Commercial Planned
Community District Regulations by Ordinance No. 2016-3376; and Design Review Permit
DR16-0030 by Resolution No. 2016-189; and
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the Project was covered in the previously adopted Final Environmental Impact Report
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PC Resolution MPA17-0011; MPA17-0012; IS 17-0005; DR17-0037; PCS19-0001
May 22, 2019
Page 2
for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan-Planning
Area12(FEIR 02-04) (SCH #1989010154),and has determined that only minor technical
changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Services Director has
caused for the preparationof a ThirdAddendum to FEIR 02-04; and
WHEREAS, the Development Services Director set the time and place for a hearing
on the Project, and noticeof said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property
owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to
the hearing; and
WHEREAS, the Planning Commissionheld an advertisedpublic hearing on the
Project, took public testimony, heard staff’s presentation, and thereafter closed the hearing.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of the
City of Chula Vista, after hearing public testimony, staff’s presentation and after reviewing
all of the subject documents, hereby recommends that the City Council adopt the attached
Draft City Council Resolutions and Ordinancesapproving the Project in accordancewith
the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula
Vista thata copy of this Resolution and the draft City Council Resolutions and Ordinances
be transmitted to the City Council.
Presented by:Approved as to form by:
__________________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk
Fee Exempt B Gov’t Code '6103
(Space above for Recorder’s Use)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
between the
City of Chula Vista,
Village IITown Center, LLC
and
Sunranch Capital Partners, LLC
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Amendment) dated
for reference purposesonly as of ________________, 2019, is entered into by and among THE
CITY OF CHULA VISTA, a California charter city and municipal corporation (City),
VILLAGE II TOWN CENTER, LLC, a California limited liability company (Village II) and
SUNRANCH CAPITAL PARTNERS, LLC, a Delaware limited liability company (Sunranch).
Village II and Sunranch are collectively referred to in this Amendment as the “Owner.” The
City or the Owner are sometimes individually referred to in this Amendment as a “Party”and are
collectively referred to as the “Parties.” The Parties enter into this Amendment with reference to
the following facts:
RECITALS
A.Development Agreement. Owner and City are parties to that certain Development
Agreement recorded in the Official Records of the County of San Diego, State of California, on
June 17, 2015 as Doc. No. 2015-0312805 (Agreement) for the property in the City of Chula
Vista, State of California, more particularly described in the Agreement. Terms defined in the
Agreement shall have same meaning when used in this Amendment.
B.First Hotel. A 148-room hotel meeting the requirements for the first hotel, as
described in Section 5.1.1 of the Agreement, has been completed.
C.CFD. A Community Facilities District (CFD) for the maintenance of the Park, as
described in Section 5.3.1.3 of the Agreement, has been created.
D.BRT Right of Way. The right-of-way for the Bus Rapid Transit (BRT) line right
of way, as described in Section 5.3.3 of the Agreement, has been dedicated.
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E.AffordableHousing Agreement. An Amended and Restated Housing
Development Agreement, which provides for housing credits against Owner’s affordable
housing obligations in Planning Area (PA)12, was entered into between Owner and the City in
September 2017.
F.Transit-Oriented Development.The City would like Owner to construct mid-rise
higher density apartments with mixed-use ground floor commercial east of Town Center Drive
near the BRT line, because the City finds that:
a.This change to the project will promotethe principles of smart growth,
maximizingland use potential within walking range of Otay Ranch BRT stationand ensuring
transit-supportive densities near BRT line.
b.The transit-oriented developmentwill establish a compact walkable
community by replacing surface parking with 5-level structured parking,benefitingthe
environment by reducing carbon emissions.
c.This type of housing product, which is considered costly to construct and
has not been built in Chula Vista, will improve housing affordabilityand economic development
by providinga more diverse mix of housing types in a fiscally sustainable manner.
d.The City wants this form of developmentand Owner is willing to fund this
high-cost product.
G.Amendment. Toachieve the City’s transit-oriented development objectivesand
assure that both Parties can achieve the mutual benefits envisioned in the Agreement, Owner and
City would like to amend the Agreement as provided in this Amendment.
NOW, THEREFORE, in consideration of the aboveRecitals and the mutual obligations
of the Parties set forth herein, Owner and City agree as follows:
1.Residential Density. Maximum residential density for the FC-2 area of the
Sectional Planning Area (SPA)Plan shall be amendedto allow forup to 900residential units.
2.Second Hotel. The trigger for the commencementof construction of the Second
Hotel is hereby changed. Owner shall commence constructionof the Second Hotel prior to
st
issuance of the building permit for the 651residential unit. Section 5.1.2 of the Agreement is
hereby replaced in its entirety with the following:
“5.1.2Owner shall commence substantial construction of the second hotel containing
150 hotel rooms (or the number of rooms needed to bring the total hotel room
count of the two hotels to a total of 300 rooms) (the “Second Hotel”) prior to
issuance of thebuilding permit for the651st residential unitfor the Project. In the
event that Owner has not pulled building permits and, in the reasonable
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determination of the Director of Development Services, commenced substantial
construction of the Second Hotel prior to the issuance of the building permit for
the 651st residential unitfor the Project, Owner shall pay to the City the amount
of $629,860 per year (the “In Lieu Hotel Payment”) as provided herein.
Owner shall make the first In Lieu Hotel Payment to the City prior to the final
inspection for the building permit for the 651st residential unitfor the Project.
Owner shall, thereafter, make the In Lieu Hotel Payment annually on the
anniversary date of the issuance of the building permit for the 651st residential
unitfor the Project. Owner's obligation to make the In Lieu Hotel Payment shall
continue until the earlier to occur of (a) the beginning of substantial construction,
in the reasonable determination of the Director of Development Services, of the
Second Hotel, or (b) the twentieth (20th) anniversary of the Effective Date of the
Agreement. Owner's obligation to make the In Lieu Hotel Payment shall be
secured by a security interest in the Property or, at the Owner's request, by
another security interest reasonably acceptable to the City Manager and City
Attorney. Owner shall, at the City's request, enter into a separate promissory note
and deed of trust to secure the obligation to make the In Lieu Hotel Payment at
the time of issuance of the building permit for the 651st residential unit. Failure to
make the In Lieu Hotel Payment when due shall be a material breach of this
Agreement and shall, in addition to other available remedies, entitle the City to
foreclose on its security interest. Notwithstanding the foregoing, Owner's
obligation to make the In Lieu Hotel Payment hereunder shall terminate in the
event that the City issues final approval or enters into a contract for the provision
of direct or indirect financial incentives to another hotel development within the
Otay Ranch community, without first meeting and conferring with Owner in good
faith regarding the provision of substantially equivalent financial incentives, and,
if Owner's hotel qualifies for such incentives, tendering to the City Council for its
consideration approval of such incentives. City Council shall reserve the right to
approve or disapprove such incentives in its sole discretion.”
3.Commercial/Mixed Use. The requirement for construction of commercial
development on the Property is hereby reduced. Owner shall only be required to construct
15,000 square feet of commercial development on the Property. Section 5.2 of the Agreement is
hereby replaced in its entirety with the following:
“5.2Construction of Commercial/Mixed Use. Owner agrees and acknowledges that
the SPA Plan originally contemplated only commercial development on the
Property. Although the City has agreed to amend the SPA Plan to allow
residential development on the Property, commercial development is still an
important use for the site. Therefore, Owner agrees to obtain building permits for
and commence substantial construction of 15,000 square feet of commercial
development on the Property in accordance with the Project Approvals prior to or
concurrently with obtaining building permits and commencing construction of the
residential development located east of Town Center Drive. The 15,000 square
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feet of commercial development will be constructed to construction standards that
qualify for commercial occupancy “B” or “M”.”
4.Park
a.Park and Park Site. Section 5.3.1 of the Agreement is hereby replaced in
its entirety with the following:
“Based on City standards in effect as of August 2018, Owner’s park obligations
(land and improvements) related to the Project would require the dedication and
the improvement to City standards of up to a 7.05-acrepark on the Property, if all
900residential units are built. Owner’s actual baseline park obligations shall be
established for the first 600 residential units at the time park obligations become
due for those units in accordance with City standards, including, but not limited
to, Chapter 17.10 of the Chula Vista Municipal Codeusing the PAD fee rates in
effect as of the datesof final inspection for each of the units (“Baseline Park
Obligations”). Owner’s actual additional park obligations shall be established for
the final (up to) 300 residential units at the time park obligations become due for
those unitsin accordance with City standards, including, but not limited to,
Chapter 17.10 of the Chula Vista Municipal Code using the PAD fee rates in
effect as of the dates of final inspection for each of the units(“Additional Park
Obligations”). Owner shall satisfy its actual park obligations as follows:”
b.Granting of Park Site and Development of thePark. Section5.3.1.1 of the
Agreement is hereby replaced in its entirety with the following:
“Owner shall grant two (2) acres of the Property (the “Park Site”)to the City in a
permanent easement for public usageandshall develop a highly amenitized,
“turnkey” park (the “Park”) on the Park Site, as described in this Agreement, to
the satisfaction ofthe Director of Development Services.The Park shall generally
be located as depicted in Exhibit “B,” with the final location subject to City
approval. In order to create an extraordinary public space, the Park shall
generally consist of the elementsdescribed in Exhibit “E” to this Agreement.
Owner shall invest substantially more to the development and granting of the Park
than would be typical for a City standard park, up to andincludingthevalue
equivalenttothededicationand improvementrequiredtoachievetheOwner’s
Baseline Park Obligations. Owner shall commence construction of the Park prior
th
totheissuanceofthefive hundred thirtieth (530)residentialbuildingpermitand
substantiallycompletethePark within fifteen (15) months of commencement of
construction.”
c.Audit and Payment of Excess Park Obligations. Section 5.3.1.2 of the
Agreement is hereby replaced in its entirety with the following:
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“Ownershall, withinsixty(60)daysofthedateonwhichtheDirectorof
DevelopmentServicesreasonablydetermines,inwriting,that the Park has been
completed, exclusive of the warranty period, provide the City, for its review and
approval, all documentation theCityreasonablyrequires,todeterminethecost
(landand improvement)oftheOwner’sconstructionoftheParkonthe ParkSite.
TheCityshallusethisinformationtopreparean auditoftheactualcosts ofthe
developmentoftheParkonthe Park Site.The audit shall also compare the actual
costs of the developmentoftheParkontheParkSite(includingtheactual costs
incurred during the warranty period) with the value of the Owner’s actual
Baseline Park Obligations.Based on this audit, Owner shall satisfy its remaining
park obligations, if any, by paying the excessparkobligationstotheCity’sPAD
feeaccountforthe developmentofotherparksineastern Chula Vista. Such
excesspark obligationsshallbecalculatedthroughtheauditandshallbe paid as
either a pro rata permit fees collected in connection with anyremainingresidential
permitsor,ifnoresidentialpermits remain,inalumpsumpaymenttotheCity
madewithinsixty (60)daysoftheaudit,orsuchlaterdateasisapprovedbythe
Director of Development Services.”
c.Park Benefit Fees. Section 5.3.1.5 is added, as follows:
“Park Benefit Fees.The development of the Park described in Section 5.3.1.1
of the Agreement will satisfy the Developer’s Baseline Park Obligation. Given
the lack of available acreage that could be acquired to serve the Project, the City
hereby waives PAD fees for the remaining 300 residential units. Developer shall
meet its Additional Park Obligation for each residential unit in excess of 600
through payment ofa Park BenefitFee. The Park Benefit Fee shall be in an
amount equal to the PAD fees that would otherwise have been due pursuant to
Chapter 17.10 of the Chula Vista Municipal Code. The Park Benefit Fee shall be
due and payable no earlier than building permit issuance, but no later than final
inspection and shall be assessed using the PAD fee rates in effect as of the date of
payment. Park Benefit Fees may be utilized by the City to acquire or develop
parkland serving the City’s eastern territories.”
5.Community Purpose Facilities. Section 5.3.2 of the Agreement is hereby replaced
in its entirety with the following:
“Owner shall provide a total of 3.24 acres of net usable land for Community
Purpose Facilities (CPF) if all 900residential units are built. If not all 900
residential units are built, then Owner shall provide a pro-rated amount of CPF in
accordance with the actual amount of the total number of residential units built
(e.g. 900 residential units = 3.24 acres of net usable land for CPF; while 700
residential units = 2.52 acres of net usable land for CPF). Owner may satisfy this
CPF requirement in any manner consistent with Chula Vista Municipal Code
Section 19.48.025, which may include the provision of the CPF land offsite,
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alternative compliance, or adjustments to the percentage limitations on the types
of facilities, including recreational facilities, that may count toward satisfying the
CPF requirement, all in the discretion of the Director of Development Services.
Owner shall commence grading of the CPF land or begin alternative compliance
prior to the issuance of the building permit for the five hundred thirtieth (530th)
residential unit.”
6.Term.The Agreement shall have a remaining term of twenty (20) years from the
effective date of the enabling ordinance by which this Amendment is approved, subject to
extension as provided in Section 6.1.1.
7.Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
8.Authority. Each party represents that it has full right, power and authority to
execute this Amendment and to perform its obligations hereunder, without the need for any
further action under its governing instruments, and the parties executing this Amendment on the
behalf of such party are duly authorized agents with authority to do so.
\[Signatures on following page\]
City of Chula Vista Amendment to Agreement No.: ________
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Owner and City have executed this Amendment, which is effective as of the effective
date of the enabling ordinance which is at second reading of the City Council.
CITYOWNER
CITY OF CHULA VISTA, a California VILLAGE II TOWN CENTER, LLC, a
charter city and municipal corporationCalifornia limited liability company*
By:By:
Mary Casillas Salas, Mayor Name:
Title:
Date:
ATTEST:By:
Name:
Title:
By:Date:
Kerry K. Bigelow, City Clerk
SUNRANCH CAPITAL PARTNERS, LLC, a
APPROVED AS TO FORM:Delaware limited liability company*
By:
Name:
By:
Glen R. Googins, City AttorneyTitle:
By:
Name:
Title:
Date:
J:\\Attorney\\MichaelSh\\Freeway Commercial -2019\\DA-Amendment\\DAAmend-FwyComml-4.25.19-5.13.19-Final.docx
City of Chula Vista Amendment to Agreement No.: ________
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA)
) ss.
COUNTY OF )
On , ____, before me, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA)
) ss.
COUNTY OF )
On , ____, before me, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk
Fee Exempt B Gov’t Code '6103
(Space above for Recorder’s Use)
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT, L.P
THIS FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF
COMMUNITY PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE TWO
("Amendment") dated and effective as of ________________, 201__,(the "Effective Date")is
entered into by and among THE CITY OF CHULA VISTA, a California charter city and
municipal corporation ("City"), and OTAY PROJECT, L.P., a California limited partnership
("OPLP"). The City or OPLPare sometimes individually referred to in this Amendment as a
"Party" and are collectively referred to as the "Parties". The Parties enter into this Amendment
with reference to the following facts:
RECITALS
A.CPF Agreement. OPLPand City are parties to that certain Agreement for the
Provision of Community Purpose Facility (CPF) Acreage for Otay Ranch Village Two dated
August 22, 2012 and recorded in the Official Records of the County of San Diego, State of
California, on November19, 2012as Doc. No. 2012-0722469 ("Agreement") for the property in
the City of Chula Vista, State of California, more particularly described in the Agreement.
Terms defined in the Agreement shall have same meaning when used in this Amendment.
B.Timingof Delivery of CPF Site. The Parties would like to change the provision
of the Agreement regarding the timing of delivery of the Restricted Acreage, asprovided below
in this Amendment.
C.Amendment. Toassure that both Parties can achieve the mutualbenefits
envisioned in the Agreement, OPLPand City areamendingthe Agreement as provided in this
Amendment.
City of Chula Vista Amendment to Agreement No.: ________
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NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations
of the Parties set forth herein, OPLPand City agree as follows:
1.Delivery of the CPF Site. The trigger for the delivery of the CPF Site is hereby
changed. Rather than using a fixed number of units, the trigger shall be based on a percentage of
units built. ArticleIV.,Section A. of the Agreement (Delivery of CPF Site -Timing of
Development) is hereby replaced in its entirety with the following:
A A.Timing of Development. Prior to the issuance of building permit for the
residential unit representing 75% of the total number of units to be
constructed in Village 2, OPLP shall have graded the Restricted Acreage
to a 3% or less slope, cleared any and all obstructions on the property, and
established legal access and installed utility connections up to the property
boundary.”
2.Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
3.Recording. This Amendment shall be recorded by OPLP against all properties
zoned for residential development owned by OPLP located within Village 2 within fifteen (15)
calendar days of the Effective Date.
\[Remainder of page intentionallyleft blank\]
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SIGNATURE PAGE TO
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT, L.P
IN WITNESS WHEREOF, City and OPLP have executed this Amendment, indicating
thatthey have read and understood same, and indicate their full and complete consent to its
terms:
CITYOPLP
CITY OF CHULA VISTA, a California OTAY PROJECT, L.P.,
charter city and municipal corporationa California limited partnership *
By:By:
Mary Casillas Salas, Mayor Name:
Title:
ATTEST:By:
Name:
Title:
By:
Kerry K. Bigelow, City Clerk*Attach partnership signature authority.
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
J:\\Attorney\\MichaelSh\\Village 2\\CPF Agreement\\V2-FirstAmendCPFAgrmnt-12.26.18-Final.docx
City of Chula Vista Amendment to Agreement No.: ________
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA)
) ss.
COUNTY OF )
On , ____, before me, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA)
) ss.
COUNTY OF )
On , ____, before me, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
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Freeway Commercial Density Increase
Issuesand Responses
MPA17-0011/DR17-0037
IssueResponse
1Additional units will cause increased traffic,A traffic study for the proposed project was
including pedestrian safetyconcerns.prepared by Chen Ryan, a registered Traffic
Engineer, and was reviewed by the City’s
registered Traffic Engineer. The adjacent
roadways will continue to operate at acceptable
levels of service during both the AMand PM peak
hours. In addition to project intersections, the
study also analyzedtheproject in conjunction
with otherprojectsalready built to examinethe
cumulative effects. A buildout analysis was
conducted which includes all traffic from regional
and local growth, as well as all planned cumulative
projects. The forecast traffic volume was obtained
from one of City’s most recently approved
Environmental Impact Reports (EIRs)(University
Village EIR).
The traffic study also analyzedpedestrian counts
and signal timing for pedestrian safety. The signal
timing calculation includedpedestrian crossing
timingwhich confirmed that the project does not
result in any impact to pedestrian safety at the
intersections analyzed. The study concluded that
all roadways and intersections will continue to
operate at acceptable levelsof service, and the
addition of project traffic will not result in any
traffic impacts on any of the study segments and
intersections.
2Schoolswill be overcrowded.The project is served by theChula Vista
Elementary School District and Sweetwater Union
High School District. In letters to the Applicant
dated December 11, 2018 and January 31, 2019
both school districtshave indicated to the
Applicant that there are no objections to the
project and they have enough capacity to serve
the students from the project.
3There is not enough watersupplyto serve The Otay Water District (OWD) is the supplier of
the project.water to this project and OWD in its letter dated
December 14, 2017 to the Applicant has
determined that it has adequate supplies and
infrastructure to serve the project.
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Freeway Commercial Density Increase
Issuesand Responses
MPA17-0011/DR17-0037
4Police and fire service will be inadequate Developer will pay impact fees to the City to cover
with additional units.the cost for additional police and fire facilities.
5.What is the CEQA review requirement for Section 21002 of the California Environmental Act
the project?(CEQA)requires that an EIRidentify the significant
effects of a project on the environment and
provide measures or alternatives that can mitigate
or avoid those significant effects. The Freeway
Commercial Sectional Planning Area (SPA)was
analyzed in the previously adopted Final
Environmental Impact Report (FEIR) for the Otay
Ranch Freeway Commercial SPA Plan -Planning
Area 12 (FEIR 02-04) (SCH #1989010154). The
First Addendum to the FEIR was approved for the
General Plan and Otay Ranch General
Development Plan Amendments in May 2015. The
Second Addendum to the FEIR was approved for
the SPA Plan Amendment in September 2016. The
First and Second Addendums to the FEIR analyzed
the impact of the General Plan, General
Development Plan and SPA Plan amendments,
based on the urban, mixeduse development
proposal. As a result of this analysis, the basic
conclusions and impacts identified in FEIR 02-04
were determined to not have changed. The land
use and public service impacts for the proposed
project are found to be less than significant and
were adequately covered in FEIR 02-04 for the
previoustwoAddendums. Therefore,in
accordance with Section 15164 of the CEQA
Guidelines, the City has prepared the Third
Addendum to the FEIR. The Third Addendum
provides an environmental analysis of the
potential impacts associated with implementing
the proposed Freeway Commercial SPA Plan and
Master Precise Plan Amendment. As a result of
this analysis, the basic conclusions and impacts
identified in FEIR 02-04 were determined to not
have changed. The land use and public service
impacts are found to be less than significant for
this SPA Plan amendment, Design Review and
Tentative Map proposed project and were
adequately covered in FEIR 02-04.
6.Are citywide services adequate to serve the A Public Facilities Finance Plan (PFFP) has been
proposed density increase?prepared as a supplemental document to the
original PFFP dated April 1, 2003. The Freeway
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Freeway Commercial Density Increase
Issuesand Responses
MPA17-0011/DR17-0037
Commercial North Supplemental PFFP for this
project analyzes the proposed 300-unit addition,
any potential impacts on public facilities and
services, and identifies the facilities, phasing and
timing triggers for the provision of facilities and
services to serve the project, consistent with the
City’s Quality of Life Threshold Standards. The
PFFP describes in detail the cost, financing
mechanism and timing for construction of
necessary public facilities based on the project’s
proposed phasing.
The public facilities needed to serve the project
will be guaranteed by placing conditions of
approval on the Tentative Map, requiring
payment of various fees at the building permit
stage, and/or continuing payment of bond
payments under the approved Community
Facilities Districts to finance or maintain public
facilities. The PFFP included an analysis of
transportation, drainage, water, sewer, fire,
schools, libraries, parks, and fiscal impacts of the
project.
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Pop.
2,494
98,88099,18012,391
113,765114,065
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9,4497,8955,555
22,899
Total Ac.
61.3
692.7754.0
Art. Ac.
Sp.
Open
4,029.65,656.74,036.2
13,722.5
279.3279.3
Uni. Ac.
Ac.
423.2423.2
Acreage
3.3
Ac.
212.9252.0468.2
C'ml.
55
230.10.010.0250.
Sch Ac.
8
2.3
Ac.
17.1
CPF
105.
104.7124.1
Overall Project Summary
9
3.4
12.5
Ac.
262.5264.278.4
Park
Ac.
Res.
3,213.91,885.41,499.86,599.0
779
4,189
Total Units
34,50834,80839,47639,776
MF
1,558
Units
23,35623,65624,91425,214
Dwelling Units
SF
779
2,631
Units
11,15214,562
Overall Project Summary Table
-
Parcel
Ysidro
Otay Valley ParcelProctor Valley ParcelSanMountains ParcelTotal:
Exhibit 18a
2019-06-18 Agenda Packet
o
o
o
o
o
o
o
o
o
4
TheDUnumberreflectsallresidentialdevelopmentontheOtayValleyParcelexcludingtheUniversity/RTPsite,
however, a portion of Village Nine and Village Ten have a secondary land use designation of residential which are not
included in the maximumDU.
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B
Pop.
4,8731,1417,9956,8304,3695,0106,749
9,288
454**
11,73414,72615,64610,51998,88099,654
10,774
Approx.
1,475****
ach land use
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19.669.1
774.7368.4394.8496.4393.6373.0536.3303.9323.0150.7489.0376.1215.8209.0182.09,449
41.3**
1,067.32,706.6
Total Ac.
128.6****
6.0
46.563.519.811.415.458.317.140.026.166.571.069.1
2.5**182.0692.7
7.8****
Art. Ac.
6.82.8
70.422.038.852.716.551.419.6
264.8226.3129.5233.4188.0
12.4**
2,706.64,029.6
26.1****
Open Sp.
Ac.
the total.
41.3
Uni.
238.0279.3
Ac.
82.539.985.0
Ind.
215.8423.2
se is not included in the total.
as determined in the Development Agreement.
+
Acreage
+
*
6.32.07.2
* +
Ac.
***
10.015.0
0.8**161.1212.9
C'ml.
11.3
2.2****
ndary land use is not included in
The secondary land u
8.39.26.0
10.019.810.010.060.042.419.835.0
0.9**230.5
Sch Ac.8.3****
Parcel
satisfied offsite.
A
lieu fees or combination thereof,
-
4.21.66.35.04.39.4
Ac.
13.412.611.313.710.012.9
CPF
0.6**104.7
13.98
2.1****
that may be
Otay Valley
A
ion
7.97.69.37.6
23.124.065.816.635.227.510.0
27.9
0.9**262.5
30.25
obligat
10.4****
Park Ac.
130,000 square feet), Village 3 (20,000 square feet), Village 8 East (20,000 square feet); therefore, actual acreage within e
way.
-
of
-
Village 8 West and Village 9; therefore, actual acreage within each land use will be determined at final map.
82.694.4
703.2346.0147.5370.7282.0234.3356.0177.4113.1306.7
23.2**
3,213.9
Res. Ac.
71.7****
additional Park and CPF
350
3,9764,5451,5972,8132,4381,4565,6104,0001,7402,3903,893
Total Units3,593
161**
34,50834,808
any
504****
, which may be satisfied onsite, offsite or through in
595448
MF
93**
Units1,5223,9411,5501,4974,0463,7341,0451,3853,5933,893
23,656
23,356
213****
for the project
Dwelling Units
SF
604350941266695
68**
2,4541,0021,2631,0081,5641,005
Units
11,152
291****
actual net site acreage not including
Village
2019-06-18 Agenda Packet
125
-
Acreage shown represents the total obligationAcreage shown represents
+ Commercial development may occur vertically or horizontally within Village 2 (up to ++ Open Space includes open space preserve, undevelopable land, streets, and right A B
Exhibit 19 Otay Valley Parcel Land Use Table
Village 1Village 2Village 3Village 4Village 5Village 6Village 7Village 8Village 9Portion of University/Village 9 (Alternative)**University/RTPVillage 10Portion of University(Alternative)****Village
11Plng. Area 12Plng. Area 18Plng. Area 20Open Space++SRPublicArterialTotal:will be determined at final map.* 1,800,000 square feet of commercial may occur vertically or horizontally
within ** Portion of University/Village 9 has a primary land use designation of University and a secondary land use of residential. *** Commercial included as component of residential
acreage.**** Portion of University has a primary land use designation of University and a secondary land use of residential. The seco
Planning Area 12 (EUC & FC2)
Use
Dwelling UnitsAcreage*****
Approx.
Open
Pop.
SFMFTotalDensRes.Park*CPF**Sch.***C'ml.****Art.Total
Sp.
EUC
2,9932,99341.2072.623.210.76.026.633.5146.07,722
Regional
9.926.6
Commercial
Visitor
4.59.9
Commercial
Cultural
17.24.5
Off-Low
10.417.2
Rise/Bus.
Off-
Med/high
10.0
Rise
Other+
1.51.5
EUC
2,9932,99341.2072.623.210.76.068.61.533.5216.17,722
Subtotal
FC1
86.237.5123.7
FC260060027.5021.84.72.2
B
6.31.336.31,5662,340
AA
90090033.726.77.053.24
FC Subtotal60060027.5021.84.72.2
B
92.51.337.5160.0
AA
90090033.726.77.053.24
TOTAL3,5933,59338.1094.427.919.99,288
6.0161.12.871.0376.1
3,8933,89341.299.330.2513.9410,062
* Part of park acreage requirement have been allocated to community parks. Actual park size to be determined at the SPA level. Park acreage based onratio of
3.0 acres per 1000 persons
A
Acreage shown representsthe total obligationfor the project, which may be satisfied onsite, offsite or through in-lieu feesor combination thereof, as
determined in the Development Agreement.
B
Acreage shown represents actual net site acreagenot including additional Park and CPFobligation to be satisfied offsite.
** CPF acreage based on ratio of 1.39 acres per 1000 persons. Squarefootage equivalent may be considered at SPA Plan level.
*** School acres will divert to residential if not needed for school
**** May include mixed-use and multi-use.
***** The maximum permitted non-residential areas may alternatively be measured in sq. ft. up to the maximum projected yield of 3,487,000 st. ft. for EUC;
960,000 sq. ft. for FC1; 12,000 sq. ft. for JPB portion within EUC; excludes FC2 area
+ Fire Station
++6.3 acres hotel and additional 15,000 to 30,000 sq. ft. of commercialcomponent of Mixed Use Residential
Exhibit 62Planning Area Twelve (EUC & FC) Land Use Table
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Housing Element of the General Plan. April 23, 2013
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After
initial sale of the affordable units to a low-
income household, all subsequent buyers of such
units must also be income eligible and the unity
must be sold at an affordable price. A developer
may opt to have no income or sales price
restriction for subsequent buyers, provided
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however that After initial sale of the
affordable units to a low-income household, all
subsequent buyers of such units must also be
income eligible and the unity must be sold at an
affordable price. A developer may opt to have no
income or sales price restriction for subsequent
buyers, provided however that After initial sale
of the affordable units to a low-income
household, all subsequent buyers of such units
must also be income eligible and the unity must
be sold at an affordable price. A developer may
opt to have no income or sales price restriction
for subsequent buyers, provided however that
After initial sale of the affordable units to a
low-income household, all subsequent buyers of
such units must also be income eligible and the
unity must be sold at an affordable price. A
developer may opt to have no income or sales
price restriction for subsequent buyers,
provided however that
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A. RENTAL UNITS’ COMPLIANCE PACKET AND AUDIT
Should a Developer seek approval by the City to credit a tenant toward its
low and/or moderate income housing obligation, the Developer must give the
City, at a minimum, a report verifying compliance with the terms of this
document and/or the subsidizing financing program consisting of the
following:
Supplemental Rental Application -Exhibit 1
Semi-Annual Report –Exhibit 2A and 2B
Authorization to Release Information
Acknowledgement that the information is for the City’s Reporting
and Administration use only.
The Developer shall not be required to perform any extraordinary
investigation or verification regarding such information other than the
Developer’s usual and customary means of income verification. The methods
of income verification may vary based upon the nature of the income
reported by the tenant, and may include employment verification, copies of
recent paycheck stubs, evidence of social security or other government
payments, or copies of tax returns. The Developer shall retain the
Supplemental RentalApplication and any supporting documents for a period
of at least three (3) years after the applicant ceases to occupy a low and/or
moderate income housing unit.
A household occupying a designated low and/or moderate income unit whose
annual income increases subsequent to occupying said unit (referred to as
“over income household”) and thus exceeds the 80% of area median income
for low income households or 120% of area median income for moderate
income households, need not vacate the apartment. However, atthe
Developer’s discretion, this over income household’s monthly rent (including
utilities) may be increased to the market rate. Regardless of a rent increase,
the Developer can no longer credit this over income household towards its
5% low income requirement and is obligated to replace this unit by renting
the next comparable unit to a low income household as per the paragraph
below. Thus, the Developer shall provide income information biannually and
acknowledge that should its income increase, the household may be subject
to a higher rent. Adjusted monthly incomes can be calculated using rules
according to the HUD Handbook 4350/3 Occupancy Requirements for HUD
Subsidized Multifamily Housing.
The location of the designated units may change over time (to bereferred to
as “floating units”) as long as the total number of affordable units remains
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constant and that substituted units are comparable in terms of size, features,
and the number of bedrooms, as determined by the Director of the
Community Development Department. If the over income household does
not vacate the unit, the Developer must assure that when the next comparable
apartment becomes vacant, the newly available unit must be rented to a low
income household, as a floating unit, to replace the previously designated
unit no longer housing a low and/or moderate income household. If the over
income household chooses to leave, the vacated unit retains its low income
unit designation. If a residential apartment complex is designated as 100%
low and/or moderate income, the over income household will not be required
to vacate, if it pays the increased rent, and the unit will not be replaced with a
“floating unit.” When the over income household vacates the unit, the unit
retains its low income unit designation.
If the City determines that an outside audit is necessary to verify the accuracy
of the submitted rent roll, then on a basis no more frequently than once a
year, it may require such an audit at the expense of the Developer. In such an
event, within ten(10) days after delivery of the City’s written request for
such outside audit, the Developer shall deliver to the City the name of three
(3) certified public accountants doing business in the Metropolitan San Diego
area. The City will promptly deliver to the Developer notice of approval by
the City of one or more of said names.
The audit shall be completed by an approved certified public accountant, at
the Developer’s sole cost and expense, within sixty (60) days after the
delivery to the Developer of the City’s approval. The certified public
accountant shall promptly deliver a copy of the written audit to the City.
Such audit shall be an audit of the Developer’s records, including the
information supplied to the Developer by the low income tenants. The
auditor shall not be required to verify the accuracy of the information
provided by the low-income tenants.
B. HOME OWNERSHIP UNITS’ COMPLIANCE PACKET
Should the Developer seek approval by the City to credit a home
purchase toward its low and/or moderate income housing obligation,
the Developer must give the City, at a minimum, a compliance packet
including the following:
Copy of Settlement Sheet
Final 1003
Final Uniform Underwriting Transmittal Summary
Good Faith Estimate
Authorization to Release Information by Purchaser
Annual Certification of Homebuyer to include a copy of tax
information and copy of phone or other utility bill
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Acknowledgement that the information is for the City’s
Reporting and Administration use only
Verification of low and/or moderate-income buyer is to be completed
by the Developer on behalf of the City. The Developer shall not be
required to perform any extraordinary investigation or verification
regarding such information other than the Developer’s usual and
customary means of income identification. The methods used to verify
income will vary depending upon the nature of sources of income
reported by the buyer, but may include employment verification,
review of recent paycheck stubs, government or social security
payments, or a review ofrecent tax returns.
The Developer may contact the City’s Community Development
Housing Division’s Housing Coordinator to confirm the City’s
acceptance of the applicant as credit toward the Developer’s low
and/or moderate income housing unit obligation. The Developer may
contact the City prior to the sale of the unit for consultation purposes if
desired; however, approval will be given in writing only after the
required documents are reviewed and accepted by the City.
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
Insert Name Apartments
Supplemental Application
Insert Name Apartments offers apartments located at Insert Address . The units consist of 1, 2
and 3 bedroom units.
For more information about Insert Name Apartments, the units, floorplans, etc, please stop
by the Rental Office at ___________________________________, Chula Vista, CA 9191 .
The purpose of this program is to provide affordable rental opportunities for low-income
households and to ensure that City of Chula Vista meet the goals set forth in
Element and HUD approved Consolidated Plan.
The City of Chula Vista and Insert Ownership Name welcomes your interest in Insert Name
Apartments and requests that you read this information in its entirety. It is very important that
you understand ALL of the program requirements. Once you agree to rent an affordable unit you
are bound by all of the requirements.
AFFORDABLE HOUSING UNITS
In order to qualify to rent an Affordable Housing Unit, applicants must meet ALL of the
requirements outlined within this document.
Income restrictions apply. Please refer to the chart below for the MAXIMUM gross income
based upon household size, which is defined as the total number of people residing within the
household. You must be able to provide evidence that the people you list as household
occupants will reside in the affordable unit. Gross income is the total amount of income earned
by all persons, over the age of 18, within the household before all standard withdrawals
(including federal tax, state tax, social security, etc.)
Affordable Unit Restrictions
The restrictions set forth in the Table below shall establish the maximum rental rate, which shall
be adjusted for family size appropriate for the Affordable Unit, from which a utility allowance as
approved by the City Manager shall be deducted. The family size appropriate for the Affordable
Unit for purposes of establishing the maximum rental rate shall be calculated at one person per
bedroom plus one.
Exhibit _-1
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
TABLE OF RENT AND INCOME RESTRICTION CRITERIA
UNIT TYPE MAXIMUM MONTHLY MAXIMUM INCOME OF
RENTS ELIGIBLE TENANTS
th
1-Bedroom 1/12 of 30% of 50% of AMI 50% of AMI
th
1-Bedroom 1/12 of 30% of 60% of AMI 60% of AMI
th
2-Bedroom 1/12 of 30% of 50% of AMI 50% of AMI
th
2-Bedroom 1/12 of 30% of 60% of AMI 60% of AMI
th
3-Bedroom 1/12 of 30% of 50% of AMI 50% of AMI
th
3-Bedroom 1/12 of 30% of 60% of AMI 60% of AMI
the respective percentages set forth in the Table of Rent and Income Restriction Criteria set forth
in Section 1(a), above, as adjusted for family size; and (ii) who own no interests in real property
other than a timeshare which may be used for a maximum of one month per year. For purposes
of this Declaration, the current annual area median income shall be the area median income
defined by HUD as the then current area median income for the San Diego-Carlsbad-San Marcos
Metropolitan Statistical Area, established periodically by HUD and published in the Federal
Register, as adjusted for family size. The rents and the occupancy restrictions shall be deemed
adjusted, from time to time, in accordance with any adjustments that are authorized by HUD or
any successor agency. In the event HUD ceases to publish an established area median income as
aforesaid, Lender may, in its sole discretion, use any other reasonably comparable method of
computing adjustments in area median income. Notwithstanding anything contained herein to
the contrary, to the extent any other restrictions applicable to the Property limit the rent and/or
occupancy of the Property, the most restrictive shall apply.
Exhibit _-2
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS
RENT SELECTION CRITERIA
\[Insert if Applicable\]
The Property Management Company will use the following criteria in order to determine priority
for rental of an Affordable Unit. A point system has been established so that applicants with a
higher number of points will receive preference for units.
\[Insert Point System if Applicable\]
Exhibit _-3
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
AFFORDABLE HOUSING RESTRICTIONS
APPLICATION REVIEW PROCESS
Applicants will be contacted by the rental office staff via U.S. mail acknowledging
receipt of complete application and supporting documentation. The property manager
and the City will review all applications to determine eligibility.
Eligible applications will be forwarded to _____________ to be reviewed for eligibility.
Please be advised that your financial information will be reviewed for two different
purposes:
To determine that your household annual income does NOT exceed the maximum
allowed by the City of Chula Vista for the Affordable Housing. ALL income will
be considered for all persons living in the home who are 18 years or older, even if
the income is not taxable income.
To determine if your income, employment history and credit rating are sufficient
to qualify for a rental.
Before you submit your complete application and supporting documentation please ask
yourself the following questions. Do you:
Meet ALL the program requirements?
Have a good credit rating?
Have stable income?
Fill out the attached application and submit it plus ALL required documentation and MAIL to:
ATTN: Insert Ownership Name, LP
Insert Name Apartments
_____________________
_____________________
Exhibit _-4
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
AFFORDABLE HOUSING UNIT APPLICATION
(1) APPLICANT #1
Name Social Security Number Age
Address City State Zip Code
Employer Name and Address Position/Title
Home Phone Work Phone
Marital Status: Single Divorced Married
Gender: _______________
2) APPLICANT #2
Name Social Security Number Age
Address City State Zip Code
Employer Name and Address Position/Title
Home Phone Work Phone
Marital Status: Single Divorced Married
Gender: _______________
Exhibit __-5
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
HOUSEHOLD INFORMATION:
List ALL household members Including Applicant(s) that will reside in the Affordable Housing
Unit. Attach proof of this information.
Total # of persons in Household ______ Total yearly Household Income $ _____________
Total Household Assets $________________
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
Exhibit __-6
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
RENTER SELECTION CRITERIA INFORMATION:
Selection of Tenants: Absent a Master List described above, selection of tenants shall be made
randomly by lottery within the following levels of priority, subject in all circumstances to
applicable limitations imposed by law, including, without limitation, the Fair Housing Act under
Federal law:
If you respond YES to any of the questions below, you MUST provide written evidence with
your application satisfactory to the City of Chula Vista or you may not receive all eligible
points.
1) Did you have to leave your most recent PRIMARY residence due to either:
Being displaced from your primary residence as a result of an action of City or
Agency, a condominium conversio
expiration of affordable housing covenants applicable to such residence, or
residence was located, and the household resided in such housing as the
or event.
Yes No
How long has this home been your primary residence?
2+ years 1 year Less than 1 year
2) Does your Household meet one of the following criteria: (i) households
which are displaced from their primary residence as a result of an action of City or
of affordable housing covenants applicable to such residence, or closure of a mobile
residence for at least one year but less than two years prior to such action or event;
(ii) households with at least one member who resides within the City, as that
full-time employment; or (iv) households with at least one member who is expected
to live within the City as a result of a bona fide offer of employment within the City.
Yes No
Exhibit __-7
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
No discrimination herein may be used for the purpose or effect of delaying or otherwise
denying admission to the Property or unit based on the race, color, ethnic origin, gender,
religion, disability, or age of any member of the applicant.
AFFORDABLE HOUSING APPLICATION CHECKLIST
This checklist contains a list of documents that you are REQUIRED to submit, along with the
completed Application as part of the application review process. Please review the list carefully
and include COPIES of all documents that you are submitting. If there are any documents listed
that you do not believe you are required to submit please indicate N/A and state the reason why
the information is not attached. You must attach this signed checklist as part of your application
packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE
CONSIDERED.
Two months of most current and consecutive bank/investment/retirement statements for
ALL accounts (all pages)
Most recent paycheck stubs covering a 30-day period for each borrower
Most recent one (1) year W-2s and/or 1099s for each borrower
Most recent one (1) year Federal Tax Returns for each borrower (all schedules)
Complete divorce decree(s) with all attachments, if applicable
Complete bankruptcy papers with all schedules and discharge papers for bankruptcies
within the last 7 years, if applicable
Copy of Resident Alien Card, front and back, if applicable or other appropriate proof of
legal U.S. residency
If you are self-employed, also provide the following:
Most recent three (3) years tax returns and copies of 1040s, W-2s, 1099s and/or K-1s for
each borrower
Limited or General Partnership returns (if ownership interest is 25% or greater)-copies of
form 1065
Sub Chapter S Corporation returns (if ownership interest is 25% or greater)-copies of
form 1120 S
U.S. Corporation returns (if ownership interest is 25% or greater)- copies of form 1120
YTD Profit and Loss Statement (in some cases this may need to be audited)
Exhibit __-8
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
AFFORDABLE HOUSING UNIT AFFIDAVIT
By signing below each applicant makes the following certifications:
I understand and agree with the answers I have provided, and do furthermore certify the
following:
1. That those people who I expect to share occupancy of the Residence with me are listed
under the Household Information section of the Application.
2. That my spouse is an Applicant for the Program and must sign this Application.
3. That I will submit true and complete copies of all requested documentation.
4. That the Residence will be occupied and used as my principal place of residence.
5. That my income does not exceed the program income limits.
AFFORDABLE HOUSING UNIT CERTIFICATION
I acknowledge and understand that this Affidavit, as completed above, will be relied on for
determining my eligibility for An Affordable Housing Unit. I acknowledge that a material
misstatement negligently made by me in this Affidavit or in any other connection with my
Application for an Affordable Housing Unit will constitute a violation punishable by a fine and
possible criminal penalties imposed by law, and will result in the cancellation or revocation of
the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of
any instrument, facility, article, or other valuable thing or service pursuant to my participation in
the Program is punishable by fine.
RENTER DATE
RENTER DATE
Exhibit __-9
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The sales price of any unit being sold in partial satisfaction of Developer’s obligation to
provide moderate income housing shall not exceed the affordable housing costs for owner
occupied housing as defined within the Affordable Housing Program for the master plan
community.
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Introduction
The City of Chula Vista seeks to improve the quality of life of its residents by implementing
Transportation Demand Management (TDM) strategies, as well as and incorporatingTDM
measures in the development review process. TDMrefers to programs and strategies that
manage and reduce traffic congestion by encouraging the use of transportation alternatives.
Some of theTMD goalsare:
Encourage multi-modal transportation options that reduce carbon emissions
Reduce roadway congestion, including freight, especially during peak periods
Support implementation of the TDM goals in the General Plan
Capitalize on the TDM programs offered by SANDAG
Reduce reasons for residents to travel outside Chula Vista for work and recreation
Avoid being overly burdensome and costly –particularly for businesses
Create a program that is far-reaching, but also able to adapt to the unique
communities within the city
Ensure program viability through a creative approach to funding
General Plan
TDM strategies are incorporated into Land Use and Transportation Element of the General
Plan.
Objective -LUT 18:Reduce traffic demand through Transportation Demand Management
(TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction
measures.
Policies:
LUT 18.1 Support and encourage the use of public transit.
LUT 18.2 Provide an efficient and effective paratransit service for elderly and handicapped
persons unable to use conventional transit service.
LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling
and walking, and encourage public transit ridership on existing and future transitroutes.
LUT 18.4 Use master planning techniques in new development and redevelopment projects
to enable effective use of public transit.
LUT 18.5 Implement TDM strategies, such as carpooling, vanpooling, and flexible work
hours that encourage alternatives to driving alone during peak periods.
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LUT 18.6 Encourage employer-based TDM strategies, such as: employee transportation
allowances; preferential parking for rideshare vehicles; workplace-based carpoolprograms;
and shuttle services.
LUT 18.7 Support the location of private “telework” centers.
LUT 18.8 Encourage establishment of park-and-ride facilities near or at transit stations, as
appropriate to the area's character and surrounding land uses.
LUT 18.9 Adopt roadway design guidelines that enhance street connectivity for pedestrians.
FC-2 project is designed as a sustainable and pedestrian-friendly community. The following
section outlines how the project meets the TDM objectives.
Implementation of TDM in FC-2
FC-2 employs a group of TDM strategies that incentivize and enable walking, biking and
transit, versus driving.
As a pedestrian-and transit-oriented development, FC-2 contains complete streets
and walkable activity centers (Public Park, neighborhood retail and restaurants along
Town Center Drive). Refer to Figure 1.
Mixed uses and high density result in a more compact development which makes
walking a feasible alternative to driving. Itcreates an active urban community that is
bike-and pedestrian-friendly and offers diverse amenitiesin its own neighborhood.
The project provides a connection to an existing bicycle trail along Olympic parkway,
connecting it to a city-wide network.
FC-2 encourages alternatives to driving by providing services, shopping and
entertainment opportunities within walking distance of the high-density residential,
which promotes walking and biking instead and alleviates traffic congestion.
Otay Ranch Town Center Mallis in direct adjacency to the residential and hotel uses
in FC-2and can be reached by walking.
FC-2is also proximate to Otay Ranch Village 6,which includes neighborhood
serving uses such asparks and schools. Additionally, with the construction of the
BRT bridge, a pedestrian connection will exist shortening the walk to these uses to
less than a 1/4 mile.
Pedestrian sidewalks and pathways connect residential, hotel, and commercial uses to
each other and the Town Center Park, creatinga pedestrian friendly environment and
encourage residents to walk(see Figure 2).
FC-2 provides pedestrian access to mass transit. FC-2 is located within blocks of a
regular bus route. Additionally, a ROW is dedicated for the new BRT route alignment
along thesouthern project boundary.
A future park-and ride facility is reserved in FC-1.
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FC-2 contains cycling infrastructure (designated bike lanes, multi-use paths, bike
racks), the goal of which is toenhance riders’ experience by providing a safe route
and encourage the use of this alternative to driving
Pedestrian connections throughout the project -interior courtyards, paseos,
promenades, and plazas –make the project site moreaccessibleandprovide better
customer access to businesses located on Town Center Drive
Project design will incorporate enhanced bike amenities such as secure and
convenient bike parking, locker rooms, and bikerepair stands near multi-family,
employment, and recreation areas to augment investments in active transpo1iation
infrastructure within the community.
Project design will incorporate dedicated parking for carpools/vanpools at the hotel
employment sites.
Residential Homeowners Association, Apartment Management Office, and Business
Association will perform TDM outreach and education plans that include a
customized personalized travel planning (PTP) program. PTP is SANDAG’s
community-based approach to transportation outreach and a proven method for
encouraging sustained travel behavior change. PTP provides people with customized
information and incentives that help them to try transportation alternatives that meet
their personal travel needs. This strategy canhelp meet the travel needs of residents
and employees who may carpool, vanpool, or take transit to and from Freeway
Commercial 2.
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Figure 1. Site Plan Concept.
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Figure 2.Pedestrian/Bicycle Circulation.
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Table of Contents
1. Executive Summary.........................................................................................................1
A. Intent of AQIP.................................................................................................................1
B. Community Site Design Goals.......................................................................................1
C. Planning Features..........................................................................................................2
2.Introduction......................................................................................................................4
A. Need for AQIP................................................................................................................4
B. AQIP as Tool for Implementation of Ordinances............................................................4
2a.Purpose & Goals............................................................................................................5
A. Purpose of AQIP............................................................................................................5
B. RegulatoryFramework Related to Air Quality................................................................5
Figure 1: Ambient Air Quality Standards Matrix............................................................6
Figure 2: APC Air Quality Emissions Budget.................................................................7
3.Project Description.........................................................................................................11
Figure 3: SPA Land UsePlan.......................................................................................12
Figure 4: Site Plan Illustration.......................................................................................13
4.Effect of Project on Local/Regional air Quality...............................................................14
Figure 5:Project Operational Emissions......................................................................15
5.Quantitative Project Design Evaluation..........................................................................17
Table ES1:LEED-ND v2009 Equivalency Scorecard..................................................18
Table ES2: Cross-Walk to Corresponding INDEX Indicators .......................................20
6.Community Design and Site Planning Features.............................................................21
Figure 6: Community Design and Site Plan Features.................................................21
7.Chula Vista COReduction Plan....................................................................................23
2
Figure 7: Consistency with COReductionAction Measures.......................................25
2
8.Credit Towards Increase Minimum Energy Efficiency Standards...................................28
9. Compliance Monitoring..................................................................................................29
Figure 8: Air Quality Improvement Plan Compliance Checklist..........................................29
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Air Quality Improvement Plan
Freeway Commercial North
1.EXECUTIVE SUMMARY
A.Intent of AQIP
This Air Quality Improvement Plan (AQIP) has been prepared in conjunction with the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan amendment, required for the proposed development of
Freeway Commercial North (FC-2)site as a mixed-use project. The Otay Ranch Freeway Commercial SPA
plan covers both Freeway Commercial South site, which was developed as Otay Ranch Town Center mall
in 2006, and Freeway Commercial North site. The two parcelscorrespond to two major ownerships of the
property. Because of the independent ownerships, project plans have been designed and structured to
allow the two parcels develop separately but in a coordinated manner.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from the
proposed development in FC-2and to demonstrate how the sitedesignreduces vehicle trips, maintainsor
improves traffic flow, reduces vehicle miles traveled, and reduces direct or indirect greenhouse gas (GHG)
emissions. This AQIP also demonstrates howFC-2has been designed consistent with the City’s Green
Building Standards, (CVMC 15.26) and Energy Code (15.12) and represents the best available design in
terms of improving energy efficiency and reducing GHG emissions. GHG emissions include gases such as
Carbon Dioxide (CO), Methane (CH), and Nitrous Dioxide (N0). They occur both naturally, and are
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produced by human activities, such as by automobile emissions and emissions from production of
electricity to provide power to homes and businesses. These gases prevent heat from escaping the earth’s
atmosphere, while allowing in sunlight, which has the affect of warming the air temperature. Applicable
action measures contained in the City’s Carbon Dioxide (CO) Reduction Plan are also addressed.
2
B.Community Site Design Goals
Otay Ranch is a 23,000-acre master-planned community and includes a mix of land useswithin 20 villages
and/or planning areas. FC-2 is a mixed use site proposed to be developed with two commercial hotels,up
to 900 multi-family residential units,15,000 sq. ft. mixed use commercial retail,and a 2-acre public park.
The project islocated south of Olympic Parkway and eastof SR-125.
The proposed project establishes a unified walkable mixed-use plan for the FC-2 site. It is intended to
enhance living, working, shopping, and transit options in the area. It creates a walkable neighborhood that
offers urban-style, smaller-scale living accommodations within walking distance to the already established
local shops, services, schools, entertainment and dining, as well as a regional system of trails and open
spaces.
The vision forthiscommunityisto develop a cohesive neighborhoodwith inter-connected uses and
densities. The mix of proposed residential, commercial, and community uses isintended to provide a
mixed-use environment that serves the needs of residents and employees. The increased density and
housing choices will provide additional ridership opportunities forthe regional Bus Rapid Transitand local
bus system increasing the viability of transit and reducing automobile dependence.The densities and
design patterns envisioned for FC-2focus on promoting a walkable and bikeable community with less
emphasis on automobile trips.
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C.Planning Features
FC-2projectincludes the following planning features to achieve the community sitedesign goals:
Land Use features:
1)Integrated Circulation System. Project residents and visitors are afforded non-automobile related
circulation options that include walking, bicycling, and transit. Town Center Drive–the main roadway
with ground-floor mixed use commercial –as well as interior streets –are designed to provide a
comfortable walking environment.
2)Mixed Uses.A 36-acre project houses a mix of residences, shops, restaurants, a park, and hotels. This
type of development makes it easy for residents, visitors and employees to walk or bike to destinations,
helping to efficiently connect the city’s neighborhoods through sustainable mobility.
3)Residential Density.The high-density multi-family project is intended to promotewalking and biking as
afeasible alternative to drivingdue to reduced distances andthe resulting close proximity of various
services and destinations.
4)Street Widths, Pavement and Street Trees.Otay Ranch street sections are narrower than typical
standards which reduces asphaltpavement and the "urban heat-island effect" by limiting the amount of
reflectivesurfaces. Street trees provide shade which further reduces heat-gain.Widened landscape
medians and parkways to reduce paving, thereby reducing heat gain and the demand for air
conditioning. Street trees within the parkways and mediansprovide shade to further reduce ambient air
temperatures.
5)Public Transportation.The design plan for the development is transit ready. In conformance with
General Plan policy, public transportation is an integral part of Otay Ranch. Public transit lines and
stops are integrated into the plan and are adjacent to the project. This is intended to help reduce the
dependence on the passenger vehicle and encourage walking, biking, and transit trips. Bus Rapid
Transitservice is planned along the southern boundary of the site. In addition, Local Bus routes 709,
707, and 635 servethe project, with an additional new bus stop proposed near the hotels.
6)Alternative Travel Modes.FC-2 site will be connected to the regional trail network and will feature
sharrow lanes through the project.Sidewalks will be provided throughout the project site. All internal
roadways are designed to local street standards with speed limits of 25 to 30 mph. Slow traffic speeds
are conducive to both walking and bicycling and provide the necessary linkage to the regional bicycle
circulation network.
Building and Design Element Features:
1)Use of low-VOC paints as required under SDAPCD Rule 67.
2)Project-wide recycling as required under the County's recycling Ordinance.
3)Energy efficiency as required under the 2016California Energy Code and CalGreen.
4)Indoor residential appliances that carry the Environmental Protection Agency's (EPA)
ENERGYSTAR® certification, as applicable and feasible.
5)Inclusion of all residential units in the local utility demand response program to limit peak energy
usage for cooling.
6)Indoor residential plumbing products that carry the EPA's WaterSense certification.
7)Passive solar design and building orientation principles to take advantage of the sun in the winter
for heating and reduce heat gain and cooling needs during summer.
8)Energy efficient lighting for streets, parks, and other public spaces as well as for private
development projects.
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9)Installation of only electric or natural gas fireplaces in new development. No wood burning
fireplaces are permitted.
10)Installation of solar water heater preplumbing.
11)Installation of solar photovoltaic prewiring.
12)Installation of residential graywater stub-out.
Landscape Features:
1)Watering three times daily to control fugitive dust to meet the requirements SDAPCD.
2)High-efficiency irrigation equipment, such as evapotranspiration controllers, soil moisture
controllers and drip emitters for all projects that install irrigation water meters, per the City of Chula
Vista Landscape Water Conservation Ordinance of the City of Chula Vista Municipal Code Chapter
20, Section 12.
3)Water efficient vegetation, including native species, planted in public and private landscape areas.
4)Natural turf in residential development limited to no more than 30% of the outdoor open space.
5)Vertical landscape elements, such as trees, large shrubs, and climbing vines, shall be installed in
order to shade southern and western building facades to reduce energy needs for heating and
cooling.
6)Compliance with the City's Shade Tree Policy for parking lot design to achieve 50% shade cover in
five to fifteen years through tree canopies, shade structures, or light colored "cool" paving.
D.Modeled Effectiveness of Community Design
With implementation of the proposed site design features, the project is consistent with the City of Chula
Vista INDEX CO2 model requirements, as shown in Tables ES1 and ES2which describe the LEED-ND
equivalency analysis (LEA) prepared for the project.
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2.INTRODUCTION
A.Need for anAQIP
The objective of thisAQIP is to fulfill the City of Chula Vista’s Growth Management policy to improve air
quality from existing conditions.As the result of rapid development not keeping pace with the demand for
facilities and improvements, the City Council adopted Growth Management policy measures that would
prohibit new development to occur unless adequate public facilities, improvements and environmental
quality of life standards were put in place. The purpose of City of Chula Vista’s Growth Management
ordinance (CVMC Chapter 19.09) is to provide the following:
1.Provide quality housing opportunities for all economic sections of the community;
2.Provide a balanced community with adequate commercial, industrial, recreational and open space
areas to support the residential areas of the City;
3.Provide that public facilities, services and improvements meeting City standards exist or become
available concurrent with the need created by new development;
4.Balance the housing needs of the region against the public service needs of Chula Vista residents and
available fiscal and environmental resources;
5.Provide that all development is consistent with the Chula Vista general plan;
6.Prevent growth unless adequate public facilities and improvements are provided in a phased and
logical fashion as required by the general plan;
7.Control the timing and location of development by tying the pace of development to the provision of
public facilities and improvements to conform to the City’s threshold standards and to meet the goals
and objectives of the growth management program;
8.Provide that the air quality of the City of Chula Vista improves from existing conditions;
9.Provide that the City of Chula Vista conserves water so that an adequate supply be maintained to
serve the needs of current and future residents.
This AQIP is provided in accordance with CVMC 19.09.050B. The Growth Management Ordinance requires
that no application for a SPA Plan or Tentative Map shall be deemed complete or accepted for review
unless an AQIP is provided and approved as part ofthe approval of the SPA Plan or Tentative Map by the
City.
B.AQIP as Tool for Implementation of Ordinances
ThisAQIP has been prepared based on the best available design practices and also serves to implement
several of the key aspects of the City’s COReduction Plan, the Green Building Standards (CVMC Chapter
2
15.26) and the City's Energy Code (CVMC 15.12).
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2a.PURPOSE & GOALS
A.Purpose of AQIP
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from
development of theFC-2 siteand to demonstrate how the projectdesign reduces vehicle trips, maintains or
improves traffic flow, reduces vehicle miles traveled, and reduces direct or indirect greenhouse gas (GHG)
emissions. This AQIP also demonstrates how the projecthas been designed consistent with the City’s
Green Building Standards, (CVMC 15.26) and Energy Code (15.12) and represents the best available
design in terms of improving energy efficiency and reducing GHG emissions. GHG emissions include
gases such as Carbon Dioxide (CO2), Methane (CH4), and Nitrous Dioxide (N20). They occur both
naturally, and are produced by human activities, such as by automobile emissions and emissions from
production of electricity to provide power to homes and businesses. These gasesprevent heat from
escaping the earth’s atmosphere, while allowing in sunlight, which has the effect of warming the air
temperature. Applicable action measures contained in the City’s Carbon Dioxide (CO2) Reduction Plan are
also addressed.
B.Regulatory FrameworkRelated to Air Quality
There are a number of actions that Federal, State and Local jurisdictions have taken to improve air quality,
increase energy efficiency, and reduce GHG emissions. This section summarizes those actions.
Air quality is defined by ambient air concentrations of specific pollutants determined by the Environmental
Protection Agency (EPA) to be of concern with respect to the health and welfare of the public. The subject
pollutants monitored by the EPA include the following:
Carbon Monoxide (CO),
Sulfur Dioxide (SO),
2
Nitrogen Dioxide (NO),
2
Nitrogen Oxides (NO)
x
Ozone (O),
3
Respirable 10-and 2.5-micron particulate matter (PMand PM),
102.5
Volatile Organic Compounds (VOC),
Reactive Organic Gasses (ROG),
Hydrogen Sulfide (HS),
2
Sulfates,
Lead (Pb),
Vinyl Chloride, and
Visibility reducing particles (VRP).
The EPA has established ambient air quality standards for these pollutants. These standards are called the
National Ambient Air Quality Standards (NAAQS). The California Air Resources Board (CARB)
subsequently established the more stringent California Ambient Air Quality Standards (CAAQS). Both sets
of standards are shown in Figure 1on the following page. Areas in California where ambient air
concentrations of pollutants are higher than the state standard are considered to be in “non-attainment”
status for that pollutant.
Regulation of air emissions from non-mobile sources within San Diego County has been delegated to the
San Diego County Air Pollution Control District (APCD). Aspart of its air quality permitting process, the
APCD has established thresholds for the preparation of Air Quality Impact Assessments (AQIAs) and/or Air
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Quality Conformity Assessments (AQCAs). APCD has also established an “emissions budget” or Regional
Air Quality Strategy (RAQS) for the San Diego Air Basin. This budget takes into account existing
conditions, planned growth based on General Plans for cities within the region, and air quality control
measures implemented by the APCD.
Figure 1: Ambient Air Quality Standards Matrix
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According to a report by the California Air Pollution Control Officers' Association (CAPCOA), 2013 was the
cleanest year on record for the APCD. Accordingly, in 2013, the U.S. EPA redesignated the APCD as an
attainment area for the 1997 8-hour federal ozone standard. The APCD has also been designated as a
marginal non-attainment area for the more health-protective 2008 8-hour federal ozone standard, and
monitoring datashow continued progress toward achieving this standard (marginal non-attainment requires
attainment by the year 2015). The APCD also continues to meet all air quality standards for PM2.5,
including the tightened annual standard that the U.S. EPA promulgated in early 2013, which brings the
federal standard in line with the state standard.
Figure 2shows the APCD air quality emissions budget.
Figure 2:APCDAir Quality Emissions Budget
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Summary of Energy Efficiency Standards
Title 24, Part 6 of the California Building Standards Code regulates energy useincluding space heating and
cooling, hot water heating, and ventilation. The energy code allows new buildings to meet a “performance”
standard that allows a builder to choose the most cost effective energy saving measures to meet the
standard from a variety of measures. These choices may include the following:
Added insulation,
Improved windows,
Radiant barriers,
Cool roofs,
Improved HVAC systems,
Alternative heating and cooling systems,
More efficient water heating systems, and
More efficient lighting systems.
The California Energy Commission's (CEC) 2013 Building Energy EfficiencyStandards are 25% more
efficientthan previous standards for residential construction and 30% better for nonresidential construction.
Thesestandards took effect on July 1, 2014. On average, the standards increase the cost of constructing a
new home by $2,290 butwill return more than $6,200 in energy savings over 20 years. These new energy
efficiency standards are designed toward the"Zero Net Energy" (ZNE)goalfor new homes by 2020 and
commercial buildings by 2030. The ZNE goal means that new buildings must use a combination of
improved efficiency and distributedrenewable generation to meet 100 percent of the annual energy need.
The City's Energy and Water Conservation Regulations (CVMC 20.04) require that all new residential units
include the necessary plumbing to encourage the later installation of solar hot water heating. In addition,
the electrical conduit necessary for installation of solar photovoltaicsystem is also requiredfor all new
residential units.
Water-related energy use consumes 19 percent of California’s electricity, 30 percent of its natural gas, and
88 billion gallons of diesel fuel every year. The water-related energy use includes water and wastewater
treatment as well as the energy needed to transport the water from it source (either northern California or
the Colorado River). California Green Building Code Title 24, Part 11 (CALGreen) requires that indoor
water use be reduced through stringentnewwaterfixture flow rates. The City has also reduced the demand
for outdoor water use through the adoption of the Landscape Water Conservation requirements (CVMC
20.12).The City of Chula Vista recently adopted a residential graywater sub-out requirement to allow the
future installation of a clothes washer graywater irrigation system (CVMC 15.28.020).
CALGreen also requires that a minimum of 50% all new construction waste generated at the site be
diverted to recycle or salvage. Additionally, the State has set per capita disposal rates of 5.3 pounds per
person per day for the City of Chula Vista. The City requires new construction to divert 100% of the inert
waste and not less than 50% of the remaining waste generated during construction (CVMC 8.25.020).
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Summary of Greenhouse Gas (GHG)Reduction
Greenhouse gasses (GHGs) include carbon dioxide (CO), methane (CH) and nitrous oxide (N0). These
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gases allow solar radiation (sunlight)into the Earth's atmosphere but prevent radiative heat from escaping,
thus warmingthe earth's atmosphere. GHGs are emitted by both natural processes and human activities.
As directed by Assembly Bill (AB) 32, the Climate Change Scoping Plan (December 2008 prepared by
CARB) includes measures to reduce statewide GHGsto 1990 levels by 2020 from forecasted business-as-
usual (BAU) 2020 emissions. Recent guidance in the draft AB32 2017 Scoping Plan has identified
a local government per capita GHG emission goal of 6 MT COe by 2030 and 2 MT COe by 2050.
The majority of the reduction strategies are to come from the two sectors that generate the most CO
2
emissions statewide: transportation and electricity generation. The majority of the reduction in
transportation-related and energy-related COemissions are to be achieved through statewide regulatory
2
mandates affecting vehicle emissions and types of fuel the vehicles use, public transit, and public utilities.
The remaining reductions are to be achieved through direct regulation and price incentive measures
affecting oil and gas extraction industries and forestry practices (including increased tree planting
programs).
BAU is defined as the emissions that would have occurred in the absence of reductions mandated under
AB 32, including CHG reductions from the following:
Implementation of Pavley 1 and Pavley 2 motor vehicle standards.
Pavley regulations establish specific GHG emissions levels for both passenger cars and light-duty
trucks. The standards become more stringent each year through 2016.
Implementation of the Low Carbon Fuel Standard(LCFS).
CARB has also adopted aLCFSthat setscarbon reduction standards for the types of fuels that
can be sold in California, particularly renewable fuels. This will reduce the GHG emissions even if
total fuel consumption is not reduced.
Implementation of the Renewable Portfolio Standard(RPS).
RPS requires investor-owned utilities, electric service providers, and community choice
aggregators to increase renewable energy resources to 33% by 2020.
Increased energy efficiency measures codified in Title 24 as of 2016.
BAU uses the energy efficiency standards codified in Title 24 as of 2005.
Implementation of Federal Corporate Average Fuel Economy (CAFE)standards.
The CAFEstandards determinethe fuel efficiency of certain vehicle classes.
The three most applicable measures to land use planning and development within the City of Chula Vista’s
control include the Regional Transportation-related GHG targets, support for the Million Solar Roofs
program, and energy efficiency measures. Since the early 1990s, the City has been engaged in multiple
climate change forums including the United Nations Framework Convention on Climate Change
(UNFCCC), the Cities for Climate Protection campaign and theU.S. Conference of Mayor’s Climate
Protection Agreement. The key plans and ordinances that the City has adopted and implemented to
achieve citywide GHG emissions reductions are summarized below.
Each participant in the International Council of Environmental Initiatives (ICLEI) was to create local policy
measures to ensure multiple benefits in the City and at the same time identify a carbon reduction goal
through the implementation of those measures. In its COReduction Plan developed in 1995 and officially
2
adopted in 2000, Chula Vista committed to lowering its COemissions by diversifying its transportation
2
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system and using energy more efficiently in all sectors. To focus efforts in this direction, the City adopted
the COreduction goal of 20% below 1990 levels by 2010. In order to achieve this goal, specific actions
2
were identified,which when fully implemented, were anticipated to save 100,000 tons of COeach year.
2
The 2008 GHG Emissions Inventory noted that compared to 1990, Chula Vista’s citywide GHG emissions
have increased by 29%, however, per capita and per housing unit levels are approximately 25% and 17%
below 1990 levels, respectively. The Climate Change Working Group (CCWG) helped develop
recommendations to reduce the community’s GHGs in order to meet the City’s 2010 GHG emissions
reduction targets.The CCWG ultimately chose seven measures that were adopted by the City Council and
the horizon date was delayed until 2012 instead of 2010.
During 2014, a CCWG reconvened to help update the City's Climate Action Plan. Specifically, the CCWG
developedrecommendations, through an open and transparent public process, for new greenhouse gas
reduction strategies to assist Chula Vista in reaching its carbon reduction goals.
The most recent plan is the 2017 Climate Action Plan (CAP) which was adopted by City Council on
September 26, 2017.New guidance, including the 2017 draft AB 32 Scoping Plan Update, lists a local
government per capita, or person, reduction goal of 6 MT CO2e by 2030 and 2MT CO2e by 2050.
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3.PROJECT DESCRIPTION
The FC-2 site is entitled for the construction of 600 multi-family residential units, 15,000 square-feet of
commercial space in a mixed-use format, and 2.0 acres of public parkland, as shown on Figures3 and 4. A
SPA Plan Amendment is required to add 300 multi-family units to the existing entitlement.
The mixed-use residential would be located along Town Center Drive and would consist of ground floor
commercial with residential above (approximately 600units) on approximately 10.4 acres, resulting in a
density of 58.5dwelling units per acre. These residential units would be comprised of studio units, and one-
and two-bedroom units.
The residential land uses within the western portion of the site would be comprised of approximately 290
multi-family units at the density of approximately18dwelling units per acre. The land uses for the western
residential area would include a variety of building heights to enhance the visual appearance and to avoid
adverse bulk and massing. Shared one-way streets for pedestrian, vehicular, and bicycle use, would be
included in the circulation plan for this area.
The park is located near the center of the site and would be available for use by residents, retail
employees, hotel guests, and visitors. The design of the park would incorporate flexibility for events for all
potential users (hotel, residents, the City, etc.). The park would include an open lawn area, shaded picnic
grove area, a water feature, food truck parking and plaza, a location for outdoor screening of movies,
amphitheater seating, a boulder field, and hillsides.
Town Center Drive generally bisects the site in a north to south direction. The design of Town Center Drive
would promote a walkable, safe, and visually appealing roadway. The roadway would have a narrower
street to encourage slower travel and multimodal travel, angled parking, a landscaped median, landscaped
buffers along the edges, and wide pedestrian sidewalks.
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Figure 3:SPA Land Use Plan
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Figure 4: Site Plan Illustration
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4.EFFECT OF PROJECT ON LOCAL/REGIONAL AIR QUALITY
This section includes a generalized discussion of theshort-term and long-term effects on local and regional
air quality including its contribution to global climate change.
The project site is currently served by threeMetropolitan Transit Service (MTS) Routes. The project is also
anticipating future BRT servicealong the future extension of East Palomar Street adjacent to the southern
boundary of the project site.
Construction Related Emissions
Air pollutant emission sources during project construction include exhaust and particulate emissions
generated from construction equipment; fugitive dust from site preparation, grading, and excavation
activities; and volatile compounds that evaporate during site paving and painting of structures.Because of
their temporary nature, construction activity impacts have often been considered as having a less-than-
significant air quality impact. However, the cumulative impact from all simultaneous construction in the
basin is a contributor to the overall pollution burden.
Construction emissions as estimated in the air quality technical report would be below all significance
thresholds for criteria air pollutants, and would not exceed those levels identified in the project FEIR. The
site would be watered at least three times daily to control fugitive dust emissions, and vehicle speeds would
not exceed 15 miles per hour, per FEIR mitigation measure 5.4-2. In addition, low-VOC paints would be
utilized duringarchitectural coatings. With incorporation of these design features, construction emissions
were estimated to be below construction emissions estimated in the FEIR. The FEIR also identified
mitigation measures 5.4-1 and 5.4-2, which reflect dust control measures and measures to reduce VOC
and NOx emissions.
This development is subject to SDAPCD Rule 55 -Fugitive Dust Control that requires restrictions of visible
emissions of fugitive dust beyond the property line. Construction fugitive dust will be reduced by
implementingthe followingdust control measures:
Watering active grading sites and unpaved roads three times daily to control fugitive dust to meet
the requirements of SDAPCD Rule 55.
Use of low-VOC as required under SPAPCD Rule 67.0.
Replacement ofground cover as quickly as possible.
Reducing speeds on unpaved roads to 15miles per hour or less.
Reduce dust during loading and unloading operations.
According to the Air Quality Reportupdate memorandum, maximum daily emissions of all criteria pollutants
would be below the significance thresholds for all criteria pollutantsexcept NOx.
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Operational Related Emissions
Operational impacts associated with the FC-2 project would include impacts associated with vehicular
traffic, as well as area sources such as energy use, consumer products use, and architectural coatings use
for maintenance purposes. Emissions associated with project operations were estimated in the Air Quality
Report using the CalEEMod Model. With reductions for a mix of uses and accessto transit (15%), the net
project trip generation would be 7,681ADT.
Figure 5 provides a summary of the estimated operational emissions for the project.
Figure 5: FC-2 Project Operational Emissions
Table 3
Criteria Pollutant Emissions from Proposed Project (lbs/day)
From CalEEMod Model, Version 2016.3.1
VOCNOxCOSO2PM10PM2.5
Maximum Daily Emissions53.2185.56277.420.6948.7814.60
SCAQMD Significance
555555015015055
Threshold, lbs/day
Above Threshold?NoYesNoNoNoNo
As shown inabove table, operational emissions associated with the project would be below the significance
criteria for operations for all criteria pollutants except NOx. NOxemissions are associated vehicles. NOx is
produced from the reaction of nitrogen and oxygen gases in the air during combustion, especially at high
temperatures. With future years, vehicle emissions would decrease due to phase-out of older, more
polluting vehicles, and would be below the significance threshold of 55 lbs/day by the year 2025.NOx
emissions would exceed the significance threshold for a temporary period, but would eventually be reduced
below the City’s significance thresholds. Emissions are well below the levels reported in the 2002 EIR
(314.55lbs/day), and therefore no new air quality impact is identified. No additional mitigation measures
are proposed.All applicable measures have already been incorporated into the SPA plan, such as
provision of bike lanes, providing services near residences, and providing transit support facilities such as
bus stops. There are no other feasible mitigation measures available at the project level to reduce vehicular
emissions other than reducing vehicle trips.
The project trip generation rates account for areduction in vehicle trips that would occur as a result of the
mixed-use areas and proximity totransit use proposed as part of the SPA plan. In addition, future vehicular
emissions may be lower than estimated due to increasingly stringent California fuel efficiency requirements.
Some measures cannot be implemented at the SPA level, such as providing video-conference facilities in
work places or requiring flexible work schedules. Additionally, there are no feasible mitigation measures
currently available to reduce area sources of emissions without regulating the purchases of individual
consumers.
The project will provide a mixed-use development with access to transit. This purpose meets the goals of
the Regional Air Quality Strategy(RAQS)and the State Implementation Plan(SIP), which include
measures to encourage transit use and mixed-use developments. As indicated in the Traffic Analysis (Chen
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Ryan 2017), the project would achieve a 15% reduction in vehicle trips by providing a mix of uses and
access to transit. Accordingly, the project will meet the goals of the RAQS and SIP to reduce vehicle trips
and therefore to improve air quality.The impacts associated with operations would be less than significant
by the year 2025. Emissions are below the levels evaluated in the 2002 EIR, and no newair quality impacts
are identified. No additional mitigation measures are required. Furthermore, the potential for health risks to
residents of the project from surrounding land uses was evaluated in a screening health risk analysis. No
adverse health risks would result from exposure to existing land uses. The project would therefore not
result in a significant direct or cumulative impact on the ambient air quality.
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5.QUANTITATIVE PROJECT DESIGN EVALUATION
Criterion Planners Inc. has performed a quantitative analysis forFC-2 project using Option (2): Alternative
Modeling Programs, specifically LEED-ND equivalency analysis (LEA).
This analysis only pertains to the FC-2 site, and represents implementation of the 2004 full Freeway
Commercial SPA AQIPwhich acknowledged that detailed FC-2 site planning had not yet occurred. With
that planning now complete, sufficient data is available to support an LEA and fulfill the SPA AQIP
requirements for FC-2.
LEED-ND criteria are proposed as being more appropriate than INDEX indicators for FC-2 for four
reasons:
INDEX indicators and thresholds were originally developed using residential pilot projects in
contrast to the mixed uses of FC-2. This difference was acknowledged in the2004 full SPA AQIP,
Section II.7.3.
INDEX indicators are primarily internal-focused, whereas FC-2 is an infill project whoseAQIP value
derives in large part from surrounding uses that will interact with FC-2 uses.LEED-ND criteria
measure these benefits to a greater and more accurate extent.
The INDEX approach uses only 16 indicators, whereas LEED-ND has 56 indicators thatare able to
characterize a project much more comprehensively and thoroughly, andultimately capture more
contributors to GHG emission reductions.
The underlying basics of the INDEX approach are nearly 15 years old, in contrast toLEED-ND’s
latest update in 2014. Consequently, current best practices in urban design,green infrastructure,
and resilient neighborhoods are not addressed by INDEXindicators, but are covered byLEED-ND
criteria.
Based on the amended FC-2 site development plan, the LEA finds that the amended FC-2 plan results in
minor ND criteria changes (residential density, residential share of total floor area, diversity of residential
units), but the changesare so small as to not alter the original SPA plan ND score of 56 points (see
following amended scorecard table). Based on Criterion’s original development of the INDEX indicator
thresholds for the City, and the firm’s experience certifying over 100 LEED-ND projects nationally, they
have concludedthat a base ND certification of 40 points is the functional equivalent of the INDEX
thresholds, and a score of 56 points therefore represents a notable exceedance of the thresholds, and clear
AQIP compliance.
Table ES2identifies the INDEX indicators which correspond to each of the LEED ND credits achieved by
FC North. Each INDEX indicator has at least one corresponding ND credit, and on average each indicator
has four corresponding ND credits. Where it matters the most for GHG emissions, auto driving and building
energy, the ND coverage jumps to 10 and 8 credits, respectively. Overall, the ND approach is able to
double or triple the depth and extent of measurements in relation to INDEX indicators.
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Otay Ranch FC-2 SPA Amendment -LEED-ND v2009 Equivalency Scorecard
Amended FC
LEED-ND v2009 OptionsNorth
Prerequisites & Prerequisite Amended FC North Notes
CreditsCompliance &
Equivalency
Points
SLLp1Smart LocationTransit served50% of dwellings &business within 1/2-mile
Yeswalk of 179 weekday transit trips and 46
weekend daily trips (inclusive of
BRT)
SLLc1Preferred 1. Location type3Infill site, not previously developed
Locations
2. Connectivity1200 intersections/sq mi
SLLc3Reduced Auto 1. Transit served3Weighted allocation of points based on 179
Dependenceweekday trips & 46
weekend daily trips (inclusive of BRT)
SLLc4Bike NetworkBicycle network1Existing bicycle network of at least 5 miles
within 1/4-mile
bicycling distance of project boundary
SLLc5Housing/Jobs 1. Affordable residential 71% residential share of total floor area, and
Proximityinfill3geographic center of project within 1/2-mile
walk distance of more than 900 jobs
SLLc6Steep Slopes1. No slope over 15%1No substantive slopes over 15%
SLLc7Habitat Site 1. No habitat1No significant habitat
Design
NPDp1Walkable 90% of public-space facing building
Streetsfrontages with entries connected to
sidewalks; 15% of street frontages with a
Yesbuilding height to street width ratio of 1:3;
90% of streets with sidewalks on both sides;
and less than 20% of street frontages
devoted to garage or service bay openings
NPDp2Compact YesResidential density of 33.7 DU/acre, and
Developmentnon-residential
density of 1.5 FAR (weighted between retail
and hotels)
NPDp3Connected & Internal connectivity of 200 intersections/sq
OpenYesmi, and perimeter through-connections at
least every 800 feet, except where
physically-infeasible
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Amended FC
LEED-ND v2009Options
North
Prerequisites & CreditsPrerequisite Amended FC North Notes
Compliance &
Equivalency
Points
NPDc1Walkable Streetsa. 25 ft setback80% of street facing building façades no
more than 25 feet from
the propertyline
d. Entries every 75 ftFunctional entries to buildings occur at an
average of 75 feet or
less
f. Ground-level glass Ground-level retail/service spaces with
facadesclear glass on 60% of
façade
8
g. No blank wallsBlank walls along sidewalksof no more
than 50 feet or 40% of
façade length
h. Unshuttered retail Ground-level retail/service spaces remain
windowsun-shuttered at night
i. On-street parkingOn-street parking allowed on internal
streets
j. SidewalksAll streets have sidewalks on both sides
k. Ground floor dwellings Ground-floor dwellings at least 24 inches
above gradeabove grade
n. 20 mph residential 20 mph residential streets
streets
o. 25 mph non-re/mixed-25 mph non-residential/mixed-use streets
use streets
p. Driveways limitedDriveway widths are no more than 10% of
total street length
NPDc2Compact Compact development3Residential density of 33.7 DU/acre, and
Developmentnon-residential
density of 1.5 FAR (weighted between
retail and hotels)
NPDc3Mixed Use Mixed use centers4Over 19 diverse uses within 1/4-mile walk
Centersof 50% of dwellings
NPDc4Mixed 1. Diverse housing types2SDI of 0.67
Income
2. Affordable housing210% of units up to 60% of AMI
3. Mixed Income Diverse 1Options 1 and 2 bonus point
Communities
NPDc7Transit FacilitiesTransit stop facilities1Transit stop planning/ongoing coordination
NPDc9Access to Civic Access to civic spaces190% of dwelling units within 1/4-mile walk
Spacesdistance of civic
space
NPDc10Access to Active rec space 190% of dwelling units within 1/2-mile walk
Recreationoutdoors/indoorsdistance of
recreational facilities
NPDc11Visitability & Univ 1. Residential units1100% of DU compliant
Design
NPDc12Community 1. Community outreach1Consultation with stakeholders throughout
Outreach& communications
Ongoing
NPDc13Local Food1. Neighborhood gardens1Neighborhood garden planned
3. Farmers marketFarmers market at Town Center
(Continued on next Page)
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Amended FC North
LEED-ND v2009 Options
Prerequisite
Prerequisites & Compliance & Amended FC North Notes
CreditsEquivalency Points
NPDc14Tree-1. Tree-lined streets160% of streets with shade trees at
Lined/Shaded least every 40 ft.
Streets
2. shaded streets140% of sidewalks shaded
NPDc15School ProximitySchool proximity62% residential share of total floor
1area, and 50% of dwelling units within
1/2-mile walk distance of elementary
& high
schools (with BRT crossing)
GIBp1Certified Green Certified greenbuildingYesOne building assumed, consistent with
Buildingregional certification
rates
GIBp2Minimum Minimum building energy YesCalifornia energy code exceeds
Building Energy efficiencyLEED-ND 2009 minimum
Efficiency
GIBp3Minimum Minimum building water YesCalifornia plumbing code exceeds to
Building Water efficiencyLEED-ND 2009 minimum
Efficiency
GIBp4Construction Construction pollution YesCalifornia pollution prevention code
Pollution preventionexceeds LEED-ND 2009
Preventionminimum
GIBc2Energy Efficient Energy efficient buildings1California energy code equates to
BldgsLEED-ND 2009 one-point
level of energy savings
GIBc3Water Efficient Water efficient buildings1California plumbing code equates to
BldgsLEED-ND 2009 one-point
level of water savings
GIBc4Water Efficient Water efficient landscaping1California water code exceeds LEED-
LandscapingND 2009 minimum
GIBc9Heat Island 3. Mix of roof & non-roof 1Mix of roof & non-roof measures on
Reductionmeasures75% of qualifying areas
GIB c13Infrastructure Energy efficient 115% efficiency gain assumed
Energy Effinfrastructure
IDPc1InnovationExemplary performance130+ diverse uses
IDPc2InnovationExemplary performance1Outdoor irrigation efficiency
IDPc3InnovationInnovation1Achievement of SLLc5 Option 3 -non-
residential infill
IDPc4InnovationInnovation1Environmentally-responsible
landscape maintenance program
assumed
IDPc2LEED LEED AP on team1LEED AP assumed
Accredited
Professional
RPc1Regional Regional priorities4Building water efficiency, walkable
Prioritiesstreets, shaded streets,
mixed use neighborhoods
Total equivalent points56Total Corresponding
LEED-ND Measurements
Equivalent certification Silver
level
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6COMMUNITY DESIGN AND SITE PLANNING FEATURES
This section describes the specific strategies that have been integrated intothe project to create a
sustainable community, including those project attributes designed to reduce air quality impacts by
promoting walking and alternative travel modes, reducing vehicle miles traveled, and improving energy
conservation. Figure 6: Community Design and Site Plan Features includes the list of specific measures
that have been included in theFC-2project.
Figure 6:Community Design and Site Plan Features
Transportation Related Measures
An integrated circulation system provides residents withnon-automobile related circulation options that include
walking, bicycling, and transit.
The mix of proposed residential, commercial, and community uses provide a complementary, mixed-use
environment with a focus on promoting a walkable and bikeable community that promotes pedestrian activityin
and around theproject.
Higher density uses support walking as distances are reduced, which results in lowerGHG emissions from
vehicles.
Direct pedestrian links, including the proposed pedestrian bridge over the SR-125,extend from the surrounding
neighborhoods directly to theproject site.
Bike lanes and bike racks will be provided through the project.
Allinternalroadways are designed to local street standards with speed limits of 25 to 30 mph. Slow traffic
speeds are conducive to walking and bicycling and provide the necessary linkage to the regional bicycle
circulation network.
LSVs may travel on all internalstreets with a maximum travel speed of 35 miles per hour.
The current regional transit plan includes BRT transit lines the extension of East Palomar Streetalong the
southern boundary of the project.
A futurelocaltransit stop is planned at the southeast intersection of Olympic Parkway and Town Center Drive,
closest to the hotels and mixed use commercial uses.
Synchronization ofthe traffic lights is requiredas part of an individual development project with previously
installed traffic lights in order to reducetraffic congestion.
Energy Conservation Related Measures
All of the residential units will be multi-family, whichuse less energy for heating and cooling when compared to
single-family detached homes.
California Green Building Code Title 24, Part 11 (CALGreen) requires that a minimum of 50% all new
construction waste generated at the site be diverted to recycle or salvage. Additionally, the State has set per
capita disposal rates of 5.3 pounds per person per day for the City of Chula Vista. Reducing waste could
reduce the amount of vehicle trips transporting materials to and from the site.
CVMC 8.25.095requires all new construction and demolition projects to divert 100% of inert waste (asphalt,
concrete, bricks, tile, trees, stumps, rocks and associated vegetation and soils resulting from land clearing from
landfill disposal); and 50% of all remaining waste generated. Contractors will be required to put up a
performance deposit and prepare a Waste Management Report form to ensure that all materials are
responsibly handled. Upon verification that the diversion goals have been met the performance deposit will be
refunded.
Utilize solar heating technology as practical. Generally, solar panels can be cost-effectively used to heat water
for domestic use andfor swimming pools. Advances in solar technology in the future may make other
applications appropriate.
Enhance energy efficiency in building designs and landscaping plans.
Installation of solar water heater preplumbing.
Installation of solar photovoltaic prewiring.
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Installation of residential graywater stub-out.
Other Measures to Improve Air Quality
Install only electric or naturalgas fireplaces in new development. No wood burning fireplaces are permitted.
When siting sensitive land uses such as residences, schools, day care centers, playgrounds and medical
facilities the recommendations set forth in Table 1-1 of California Air Resources Board’s (CARB) Land Use and
Air Quality Handbook (CARB 2004) will be use as a guideline. Specifically, new sensitive uses would not be
located within 50 feet of any typical-sized gas station (one that has a throughput of less than 3.6 million gallons
per year). No gas stations with a throughput of 3.6 million gallons per year or greater shall be developed within
theproject.
Compliance with the City's Shade Tree Policy for parking lot design to achieve 50% shade cover in five to
fifteen years through tree canopies, shade structures, or light colored "cool" paving.
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7.CHULA VISTA CLIMATE ACTIONPLAN
This section provides a comparative evaluation between the community/site design features and the energy
efficiency emission reduction action measures contained in the City’s Climate ActionPlan(CAP)which was
adopted by City Council on September 26, 2017.
The City of Chula Vista original COReduction Plan adopted in November 2000,was intended to reduce
2
GHGemissions by 20% below 1990 levels. The COReduction Plan outlined steps for Chula Vista to
2
reduce energy consumption, promote alternative transportation and design transit-friendly, walkable
communities.The 2005GHG emissions inventoryindicated that Chula Vista’s annual citywide GHG levels
had increased by 35% since 1990 due primarily to residential growth. During the same period, the City
made significant progress in reducing annual per capita emissions by 17% and avoiding nearly 200,00 tons
of GHG emissions annually. In addition, GHG emissions from municipal sources decreased by 18% mainly
due to traffic signal energy-efficiency improvements. As a result of the 2005 Greenhouse Gas Emissions
Inventory Report, in 2008, the City Council directed the re-evaluated of the program and convened a
Climate Change Working Group (CCWG) to develop recommendations to reduce the community’s
greenhouse gas emissions or “carbon footprint” in order to meet the City’s 2010 greenhouse gas emissions
reduction targets. Duringthe 2014 CCWG sessions, the City established a new plan of actions to take it
closer to achieving statewide goals of reducing GHG emissions to 15% below 2005 levels by 2020 and
55% by 2030. These Implementation Measures include the following:
I.WATER CONSERVATION & REUSE
Objective 1.1 –Water Education & Enforcement
Strategy 1. Expand education and enforcement targeting landscape water waste.
Objective 1.2 –Water Efficiency Upgrades
Strategy 1.Update the City’s landscaping regulations to promote more waterwise
designs.
Strategy 2.Require watersavings retrofits in existing buildings at a specific point in time.
Objective 1.3 –Water Reuse Plan & System Installations
Strategy 1. Develop a Water Reuse Framework for storm water, graywater, and onsite
waterreclamation.
Strategy 2. Facilitate simple graywater systems for LaundrytoLandscape applications.
Strategy 3. Streamline complex graywater systems permit review
II.WASTE REDUCTION
Objective 2.1 –Zero Waste Plan
Strategy 1. Develop a Zero Waste Plan to supplement statewide green waste, recycling,
and plastic bag ban efforts.
III.RENEWABLE & EFFICIENT ENERGY
Objective 3.1 –Energy Education & Enforcement
Strategy 1. Expand education targeting key community segments and facilitate energy
performance disclosure.
Strategy 2. Leverage the building inspection process to deter unpermitted, lowperforming
energy improvements.
Objective 3.2 –Clean Energy Sources
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Strategy 1. Incorporate solar into all new buildings to help transition to Zero Net Energy
design.
Strategy 2. Provide more griddelivered clean energy (up to 100%) through Community
Choice Aggregation or other mechanism.
Objective 3.3 –Energy Efficiency Upgrades
Strategy 1. Reauthorize the City’s “cool roof” standards and expand to include reroofs and
western areas.
Strategy 2. Facilitate more energy upgrades in the community through incentives, permit
streamlining (where possible), and education.
Strategy 3. Require energysavings retrofits in existing buildings at a specific point in time.
Objective 3.4 –Robust Urban Forests
Strategy 4. Plant more shade trees to save energy, address heat island issues, and improve
air quality.
IV.SMART GROWTH & TRANSPORTATION
Objective 4.1 –Complete Streets & Neighborhoods
Strategy 1. Incorporate “Complete Streets” principles into municipal capital projects and
plans.
Strategy 2. Encouragehigher density and mixeduse development in Smart Growth areas,
especially around trolley stations and other transit nodes.
Objective 4.2 –Transportation Demand Management
Strategy 1. Utilize bike facilities, transit access/passes, and other Transportation Demand
Management and congestion management offerings.
Strategy 2. Expand bikesharing, carsharing, and other “last mile”transportation options.
Objective 4.3 –Alternative Fuel Vehicles
Strategy 1. Support the installation of more local alternative fueling stations
Strategy 2. Designate preferred parking for alternative fuel vehicles.
Strategy 3. Design all new residential and commercial buildings to be “Electric Vehicle
Ready.”
Figure 7: Consistency with CAP Implementation Actions
Describe how project
Project/Community
ImplementationActiondesign will Implement
Design Features
CAPActions
Water Conservation & Reuse
Project will conserve water
Objective 1.2. Strategy 1. Update the City’s
Project is consistent with the water-wise through selection of low
landscaping regulations to promote more
landscape requirements.water use plans and smart
wise designs.
water
irrigation
Renewable & Efficient Energy
Compliance with CVMC 20.04.030 that
requires solar water heater
preplumbing in all new residential
Objective 3.2 Strategy 1.Adopt prewiring Reduces energy
units.
and preplumbing standards for solarconsumption that reduces
Compliance with CVMC 20.04.040 that
GHG emissions.
photovoltaic and solar hot water, respectively
requires solar photovoltaic prewiringin
all new residential units.
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The land use plan includes widened Reduces energy
Objective 3.4 Strategy 4. Plant more shade landscape medians and parkways to reduce consumption that reduces
trees to save energy, address heat island paving. Shade-producing street trees will be GHG emissions.
issues, and improve airquality.planted to reduce heat build-up and
demand for air conditioning.
Smart Growth & Transportation
Reduces vehicle-
The SPA provides a detailed
miles traveled that in
Circulation Network that links with the
turn reduces the
potential transit stops. The project is
GHG emissions.
within walking distanced of 3 MTS bus
Promotes bicycling
routes.
that can reduce
The mixed-use nature of the project
vehicle-miles traveled
encourages pedestrian and bicycle
that in turn reduces
travel as an alternative to the
Objective 4.1. Strategy 1.Incorporate
the GHG emissions.
automobile. Streets are designed to
“Complete Streets” principles into municipal
accommodate bicycle travel.
capital projects and plans.
Building and site design anticipates
and accommodates pedestrian and
vehicle circulation to reduce traffic
impacts on neighboring streets and
jointly optimize pedestrians and
vehicles. Buildings are oriented toward
sidewalks. Bike parking is required for
all uses.
Project is located along BRT route, Reduces vehicle-miles
traveled that in turn
within walking distance to Park & Ride
reduces the GHG
BRT station. The residential uses in
emissions.
the project are Multi-Family high-
density.
The mixed-use nature of the project
Objective 4.1. Strategy 2. Encourage higher
encourages pedestrian and bicycle
density and mixeduse development in Smart
Growth areas, especially around trolley travel as an alternative to the
stations and other transit nodes.
automobile. Streets are designed to
accommodate bicycle travel.
Pedestrian pathways and trails
accommodate pedestrian movement
from the residential areas to schools,
parks and commercial uses.
Objective 4.1,Strategy 1. Utilize bike The project will accommodateelectric Reduces non-renewable
facilities, transit access/passes, and other vehicle (EV) chargers, throughprograms energy consumption that
Transportation DemandManagement and such as SDG&E’s Power Your Drive.reduces GHG emissions.
congestion management offerings.
Objective 4.3. Strategy 1. Support the Energy efficient light for streets, parks and Reduces energy
installation of more local alternative fueling other public spaces is required. consumption that reduces
stations.GHG emissions.
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8.CREDIT TOWARDS INCREASED MINIMUM ENERGY EFFICIENCY STANDARDS
Note: Detailed provisions related to the calculation and application of credits are currently under
development and subject to subsequent review and approval of City Council.
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9.Compliance Monitoring
This section includes a written description and a checklist (Figure 8) summarizing the project design
features and mitigation measures that have been identified to reduce the development'seffects on air
quality and improve energy efficiency.
Figure 8: Air Quality Improvement Plan Compliance Checklist
Project Consistency
Method ofResponsible
& Compliance
Timing of Verification
12
VerificationParty
3
Documentation
PLANNING
AQIP ProjectDesign
Features/Principles
Precise Plan, Design
Pedestrian oriented developmentPlan ReviewCity of Chula Vista
Review
Widened landscape medians and Precise Plan, Design
Plan ReviewCity of Chula Vista
parkways with street treesReview
Precise Plan, Design
Integratedcirculation systemPlan ReviewCity of Chula Vista
Review
SPA Plan, Precise
Mix of uses Plan ReviewCity of Chula Vista
Plan
SPA Plan, Precise
Higher density Plan ReviewCity of Chula Vista
Plan
Tentative Tract
Class II Bicycle facilities Plan CheckFinal Map, City of Chula Vista
Improvement Plans
Opportunity for employee services
Plan ReviewPrecise PlanCity of Chula Vista
to be located near employers
Tentative Tract
Circulation pattern w/less than
Plan ReviewFinal Map, City of Chula Vista
35mph
Improvement Plans
Available public transportationPlan ReviewPrecise PlanCity of Chula Vista
Transit PlanTransit ReviewPer SANDAGSANDAG/MTS/City
Compliance with the City's Shade Precise Plan,
Plan ReviewCity of Chula Vista
Tree Policyfor parking lotsConstruction Plans
Air Quality Mitigation Measures
Construction related emissions Permit ReviewGrading PermitCity of Chula Vista
Siting of sensitive land usesPermit ReviewPrecise PlanCity of Chula Vista
TAC Emission CompliancePermit ReviewBuilding PermitCity of Chula Vista
(Continued on next Page)
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Figure 8: Air Quality Improvement Plan Compliance Checklist (Continued)
Project Consistency
Timing of Responsible
Method of
& Compliance
12
VerificationParty
Verification
3
Documentation
BUILDING
Green Building Standards
Waste
Construction or City of Chula
New Construction Recycling PlanManagement
demolition permitVista
Report Review
Tentative Tract ORSan Diego
Project wide recyclingPlan Check
Building PermitCounty
Energy Efficiency Standards
City of Chula
Size of dwellings unitsPlan CheckBuilding Permit
Vista
Building Permit/
Compliance with2016California Energy City of Chula
Plan CheckTitle 24 Energy
CodeVista
Report
Installation of energy efficient City of Chula
Plan CheckBuilding Permit
appliancesVista
Participation in a Utility Demand City of Chula
Plan CheckBuilding Permit
Response programVista
Compliance with 2016CalGreen Indoor City of Chula
Plan CheckPlumbing Permit
Water Use requirementsVista
Compliance with EPA's WaterSense City of Chula
Plan CheckPlumbing Permit
certificationVista
Compliance with EPA's Energystar
City of Chula
certification for indoor residential Plan CheckPlumbing Permit
Vista
appliances
City of Chula
Efficient irrigation equipmentPlan CheckLandscape Plan
Vista
City of Chula
Water efficient vegetationPlan CheckLandscape Plan
Vista
City of Chula
Turf limited to 30% in residential areas Plan CheckLandscape Plan
Vista
Solar access -use passive solar design City of Chula
Plan CheckBuilding Permit
andbuilding orientation principlesVista
Solar access -Use of vertical landscape
City of Chula
elements to reduce heating/cooling Plan CheckBuilding Permit
Vista
loads
Energy efficient light of streets, parks City of Chula
Plan CheckBuilding Permit
and public spacesVista
Installation of solar water heater City of Chula
Plan CheckBuilding Permit
Vista
preplumbing
Installation of solar photovoltaic City of Chula
Plan CheckBuilding Permit
Vista
prewiring
Installation of residential graywater City of Chula
Plan CheckBuilding Permit
Vista
stub-out
Notes:
1.Method of verification may include, but is not limited to, plan check, permit review, site inspection.
2.Identify the party responsible for ensuring compliance (City of Chula Vista, San Diego APCD, Other)
3.This column shall include all pertinent information necessary to confirm compliance including document type, date of completion,
plan/permit number, special notes/comments, and contact information.
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Third Addendum to EIR
Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
PROJECT NAME:Otay Ranch Planning Area 12
PROJECT LOCATION:City of Chula Vista
PROJECT APPLICANT:City of Chula Vista
DATE:May 6, 2019
1INTRODUCTION
The FinalEnvironmental Impact Report for the Otay Ranch Freeway CommercialSectional
Planning AreaPlan Planning Area 12(FEIR)(identified by the City of Chula Vistaas EIR 02-
04)contains a comprehensive disclosure and analysis of potential environmental effects associated
with the implementation of the Sectional Planning Area (SPA)Planand Freeway Commercial
(FC) site (referred to as “proposed project”or “SPA Plan”)in the City of Chula Vista(City)(City
of Chula Vista 2003). The SPA Planwas developed torefine and implement the land use plans,
goals and objectives of the Otay Ranch General Development Plan (GDP) for the development of
Planning Area (PA) 12.
In May 2015, the City approved the General Plan and Otay Ranch GDP Amendments, as well
as entitlements, for the proposed modifications through approval ofthe First Addendum; In
September 2016, aSecond Addendum to the FEIRwas prepared for the SPA Plan Amendments
and a Tentative Map that implements the General Plan and Otay Ranch GDP.The First and
Second Addenda to the FEIR modified the project to allowfor the construction of 600 multi-
family residential units, 15,000 square-feet of commercial space in a mixed use format,and
2.0 acres of public parkland.The FEIR, the First Addendum, and the Second Addendumare
collectively referred to as the “FEIR.” This Addendum addresses proposed modificationsto add
300 dwelling units to thenortheastern portion of Planning Area 12,also referred to asFreeway
Commercial North(FC-2).All 300 units would be added to the area east of Town Center Drive
and the west portion of the FC-2site would remain unchanged withtheproposed modifications
of this Addendum.This increase would result in a total of 900 dwelling units in the FC-2site.
2CEQA REQUIREMENTS
Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency’s responsibilities in
handling new information that was not included in a project’s final environmental impact report
(EIR).
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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Section 15162 of the CEQA Guidelines provides:
a.When an EIR has been certified…for a project, no subsequent EIR shall be prepared
for that project unless the lead agencydetermines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
1.Substantial changes are proposed in the project which will require major
revisions of the EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects;
2.Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase
in the severity of previously identified significant effects; or
3.New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
EIR was certified as complete, shows any of the following:
A.The project will have one or more significant effects not discussed in the \[Final\]
EIR;
B.Significant effects previously examined will be substantially more severe
than shown in the \[Final\] EIR;
C.Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to adopt
the mitigation measure or alternative; or
D.Mitigation measures or alternatives which are considerably different from
those analyzed in the \[Final\] EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
In the event that one of these conditions would require preparation of a subsequent EIR, but “only
minor additions or changes would be necessary to make the \[Final\] EIR adequately apply to the
project in the changed situation,” the City could choose insteadto issue a supplement to the FEIR
(CEQA Guidelines, § 15163, subd. (a)).
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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In the alternative, where the changes or new information will result in no new impacts, or no more
severe impacts than any that were disclosed in the FEIR for theproposed project,the City “shall
prepare an addendum”pursuant to CEQA Guideline, § 15164.That section states that an
addendum should include a “brief explanation of the decision not to prepare a subsequent EIR
pursuant to § 15162,” and that the explanation needs to be supported by substantial evidence
(CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review,
but may simply be attached to the FEIR (Ibid.; CEQA Guideline, § 15164, subd. (c)).
Thus, in the following inquiry the City considers under the standards articulated above whether
each of thesechanged circumstances reveal or create previously undisclosed significant
environmental impacts or a substantial increase in the severity of previously disclosed impacts
(CEQA Guidelines, §15162, 15163, 15164, subd. (a); 15088.5, subds. \[a\], \[b\]).As the following
discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Final
Environmental Impact Report for the Otay Ranch Freeway CommercialSectional Planning Area
Plan Planning Area 12 project, pursuant to CEQA Guideline, § 15164.
3PROJECT LOCATION AND REGIONAL SETTING
Otay Ranch lies within the East Planning Area of the City of Chula Vista. The East Planning Area
is bordered by Interstate 805 (I-805) to the west, San Miguel Mountain and State Route 54 to the
north, the Otay Reservoir and the Jamul foothills to the east, and the Otay River Valley to the
south. The SPA Planis located in the northeastern portion of the Otay Valley Parcel of the 22,899-
acre Otay Ranch GDP project area(Figures1and 2).The project site, which comprises the FC
Northportion of PA 12 in the adopted Otay Ranch GDP, is located east of State Route 125, west
of Eastlake Parkway, south of Olympic Parkway, and north of Birch Road.
The project areais characterized by flat mesa tops and rolling hills including a sloping canyon
located in the central portion of the project site, which heads west towards Poggi Canyon.Site
elevation ranges from approximately 560 feet above mean sea level (amsl) to approximately 640
feet amsl. The site was previously used for agricultural uses and livestock grazing. The site
contains a small system of dirt roads and cattle trails, as well as inactive agricultural fields and
non-native grasslands.
The projectsiteis surrounded by other Otay Ranch development areas including Village 6 to the
west, Village 11 to the east, a portion of the existing Eastlake community to the north and northeast,
Village 7 to the southwest, and the EUC to the southof Birch Road.Eastlake High School and a
commercial area are located north of the project site and the Arco Olympic Training Center is
located east of the project site, immediately adjacent to Otay Lake. The proposed modifications
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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are located in the northern portion ofPA 12, which is identified as FC-2 in the FEIR.FC-1 is fully
developed as the Otay Ranch Town Center.
4PROPOSED MODIFICATIONS
This Addendum addresses the proposed SPA Plan Amendment and Freeway Commercial North
Master Precise Plan for the northern portion of Freeway Commercial to allow for a density increase
of 300 dwelling units.All 300 units would be added to the area east of Town Center Drive and
the west portion of the FC-2site would remain unchanged with the proposed modifications of
this Addendum, as shown on Figure 3. This increase would result in a total of 900 dwelling units
in the FC-2site.
The additional units would be designed as a mid-rise style building, consisting of residential units
and ground-floor retail which would wrap around anabove-grade parking structure. This design
feature would eliminate the need for large areasof surface parking lotsand allow for an enhanced
pedestrian-oriented design.It would also provide accessible parking for occupants as the
residential units and ground-floor retail space wouldsurround the parking structure. With this
density increase proposed by this Addendum, the proposed modifications would also increase the
maximum buildingheightto84feetand 8 inchesabove-grade.
With the addition of 300 dwelling units, the project’s overall residential density would be 33.7
dwelling units per acre (du/ac), which is consistent with the City’s General Plan.Residential
densities would range from the lowest of 13.8 du/ac to 26 du/ac to 55.6du/ac(or up to 58.4 at full
buildout of 900units).All additional residential units would be constructed on the existing
footprint of the project site.
The proposed density increase of 300 dwelling units would also require the addition of 2.35 acres
of parkland, 30 additional affordable housing units as part of the total 300 proposed, and 3.24acres
of net useable land for Community Purpose Facilities off-siteconsistent with Chula Vista
Municipal Code Section 19.48.025.
The proposed modifications would not require an expansion of the project sitefrom that studied in the
FEIR,and would not substantially change trip distribution patterns. No additional significant impacts
beyond those previously analyzed in the FEIR, or substantial increases in any identified significant
impacts are anticipated; however, the proposed modification represents new information that was not
available at the time that the FEIR was certified. Therefore, the City has prepared this addendum
pursuant to CEQA § 15162 to disclose minor changes in the proposedproject, and minor changes in
some of the environmental effects as a result of proposed modifications.
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5IDENTIFICATION OF ENVIRONMENTAL EFFECTS
The following environmental analysis provided in Section 6.0 supports a determination that
approval and implementation ofthe proposeddensity increaseto the FC-2site on PA 12would
not result in any additional significant environmental effects beyond those previously analyzed
under the FEIR for theproposed project.
6ANALYSIS
Aesthetics/Landform Alterations
Impacts to aestheticsare addressed in Section 5.2of the FEIR.As analyzed in the FEIR, theSPA
Planwould not obstruct a scenic vista and no scenic resources are visible from nearby roadways,
including Olympic Parkway,which is not a designated scenic highway, but is considered a “scenic
corridor” as designated by the City of Chula Vista General Plan.The FEIR included an undulating
landscaped buffer at the project frontage along Olympic Parkway as a project design feature;
however, this feature was included in order to minimize impacts to visual quality resulting from
the predominantly large-scale commercial development that was originally proposed. Those areas
are now designated and proposed for residential and hotel uses. As such, the current proposal
would offer more attractive urban scenes, and an undulating landscaped buffer is no longer
necessary.
Moreover, the adopted SPA Plan includes design development standards to minimize impacts to
visual quality. The proposed modification wouldadd an additional 300 residential units to the
portion of the FC-2 site east of Town Center Drive.This would result in a larger scale and massing
of development approved for this portion of the project site under the FEIR, primarily attributed
to taller residential buildings. However, the aesthetic nature of the residential development within
these areas would not be substantially different.The additional units would be designed as a mid-
rise style building, consisting of residential units and ground-floor retail which would wrap around
an above-grade parking structure. This design feature would eliminate the need for large areas of
surface parking lots.Therefore, the proposed modificationswould notresult inanysignificant
impacts to scenic vistas or resources.
The FEIR identified significant impacts resulting from additional light and glare to the area as the
proposed projectwould introduce new land uses to a currently undeveloped site. The proposed
modifications would introduce similar light and glare elements to the area; however, the project
site boundaries would remain as analyzed previously and no new light and glare impacts beyond
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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those identified in the FEIR would occur. Therefore, no new mitigation would be required beyond
mitigation measures 5.2-1 through 5.2-9 as identified in the FEIR.
Although the proposed modificationswould result in additional residential units, the modification
would maintain all previously analyzed design standards and architectural considerations.
Therefore, the proposed modificationswouldnot result in new substantial or significant impacts
beyond those previously analyzed in the FEIR.
Air Quality
Impacts to air quality are addressed in Section 5.4of the FEIR. An air quality technical report was
prepared for the proposed modificationsby Scientific Resources Associated (SRA 2017). The air
quality technical report analyzed air quality impacts from the proposed modifications.Information
provided in the air qualitytechnical report was compared against the analysis in the FEIR for a
determination of overall netimpactsresulting from the proposed modifications.
Construction emissions would not exceed those levels identified in the FEIR, with the exception
of construction VOCs(SRA 2017).However, all pollutants, including construction VOC
emissions, would remain below all significance thresholds for criteria air pollutantsand thus would
not result in a significant impact to air quality(SRA 2017).Alloperational emissions would be
lower than levels identified in the FEIR(SRA 2017).
The site would be watered at least three times daily to control fugitive dust emissions,and vehicle
speeds would not exceed 15 miles per hour,per FEIR mitigation measure 5.4-2. In addition,low-
VOC paints would be utilized during architectural coatings. With incorporation of these design
features, construction emissions were estimated to be below construction emissions estimated in
the FEIR. The FEIR also identified mitigation measures 5.4-1 and 5.4-2,which reflectdust control
emissions.
measures and measures to reduce VOC and NO
x
Therefore, nonew significant sourcesof construction or operational air emissionsor health risk
impacts beyond those identified in the FEIR would occur with implementation of the proposed
modifications to the proposed project.
Biological Resources
Impacts to biological resourcesare addressed in Section 5.8of the FEIR. As indicated in theFEIR,
no sensitive habitat or wetlands occur on the project site, and there is a low potential for sensitive
plant species to occur on site and no sensitive plant species were observed at the time of surveying.
Sensitive animal species observed on site include golden eagles and tricolored blackbirds;
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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however, no nesting activity or suitable habitat for these species were observed. The proposed
modificationswould not exceed previouslyestablished boundariesfor project developmentas
approvedin the SPA Planand the proposedmodifications would be subjectto mitigation as
provided in Section 5.8.Therefore, no new or increased levels of impacts to biological resources
would result from implementation of the proposed modificationsbeyond those previously
analyzedin the FEIR.
Water Resourcesand Water Quality
Impacts to water quality are addressed in Section 5.10of the FEIR. SPA-level water quality
technical reports were completed for the proposed projectas analyzed in the FEIR.
The proposed modificationswould continue to comply with allapplicable rules and regulations
including compliance with NPDES permit requirements for urban runoff and storm water
discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm
water quality would be implemented as delineated in the FEIR with respect to municipal and
construction permits. Project drainage and storm water quality reports, prepared in compliance
with local, state, and federal regulations, would be updated to reflect changes in development of
the project site as a result of the proposed modifications. Compliance with all applicable rules and
regulations governing water quality as well as implementation of all mitigation measures outlined
in Section 5.10of the FEIR would ensure no additional impacts to water quality beyond those
previously analyzedwould occur as a result of the proposed modifications.
Noise
The PA-12 East Addendum to the Prior Noise Study(noise study) (Dudek 2018)concludes that
the future noise levels from trafficwould exceed the City’s maximum exterior noise level criterion
of 65 dBACNELat open space areas and first-floor balconies for residences along the northern
and eastern boundaries of the FC-2site facingOlympic Parkway. Additionally, the exterior noise
levels for second-floor balconies located at the intersection of Olympic Parkway and Promenade
Street would exceed the City’s maximum exterior noise level criterion.TheOtay Ranch GDP has
policies in place to requireappropriate sound attenuation project features for all required
residential open space and public open space areas that are exposed to a noise level of 65 dBA
CNEL or greater. Consistent with these policies, balconies planned on these residential units that
are counted toward any open space requirements wouldincorporate appropriate sound attenuating
project featuresaround the perimeter of the balconies.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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Further, the ground-floor level exterior common areas within the line-of-sight of Olympic Parkway
and Eastlake Parkwaywould require noise attenuation in the form of noise barriers.Noise barriers
would be extendedalong Eastlake Parkway for the Parklet and along the portion of Olympic
Parkway adjacent tothe Northern Patio Amenity Area.
Consistent with Mitigation Measure 5.5-1 of the approved EIR (City of Chula Vista 2002), and to
comply with the City and State’s 45 dB CNEL interior noise standard, the following measuresis
required:
a.Prior to the approval of site development plans, the applicant shall submit a supplemental
noise analysis acceptable to the Director of Planning and Building demonstrating that
interior noise levels would not exceed 45 dB CNEL.
b.A noise barrier with a minimum height of 6 feet shall be constructed along the eastern edge
of the site next to Eastlake Parkway, unless that proposed open space area is not needed to
meet the project’s exterior open space requirement. Figure 1of the noise study (Dudek
2018)shows the location of the barrier.
c.A noise barrier with a minimum height of 6 feet shall be constructed (as shown in Figure
1of the noise study, Dudek 2018) to block the noise from Olympic Parkway from the
Northern Patio Amenity Area.
d.Building receptors A1, A4, A5, A6, A7, A8, B1, B2, B3, B4, B5, B6, and B7, as identified
in the noise study (Dudek 2018)shallrequire Plexiglass or other clear-view panels at first-
floor balconies/open space areas within the line-of-sight Olympic Parkway if the
balconies/open space areas are used to satisfy the project’s open space requirement.
With the additions of these noise barriers, and full compliance with the Otay Ranch GDP policies
as discussed above,the proposed modifications would not exceed the City’s applicable limits
established in the noise ordinance in accordance with Mitigation Measure 5.5-1 of the approved
FEIR. Therefore, no new significant impacts would occur beyond what is analyzed in the FEIR.
Traffic, Circulation, and Access
Impacts to trafficare addressed in Section 5.3of the FEIR. Atrafficmemorandum has been
conducted for this Addendumin April 2019to evaluate the potential traffic impacts associated
with the proposed modifications(Chen Ryan 2019).When analyzing potential trip generation
and traffic impacts, the entire FC-2 site is accounted for, with the proposed modifications.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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Under the proposed modifications, the FC-2 site would generate approximately 7,681daily tripswith
the 15% transit and mixed-use reduction, a 10% transit reduction, and a 10% walk/bike mode-share
reduction.The proposed modifications would generate less traffic both in daily trips and PM peak
hour trips compared to the FEIR. As analyzed in the traffic memorandum, the increase in AM peak
hour trips would not result in any new significant traffic impacts during the Existing Plus Project or
Horizon (Year 2030) conditions (Chen Ryan 2019). Addiiontally, all project driveways, as well as
the project frontage would operate at acceptable levels of services with adequate queueing storage
along Town Center Drive, with the exception of the left-turn movement during the PM peak hour at
Olympic Parkway/Town Center Drive (Chen Ryan 2019). However, currently installed “do not
block” signage would prevent potential queueing from interfering with traffic circulation (Chen
Ryan 2019). Therefore, no new significant impacts would occur beyond what is analyzed in the
FEIR.
Public Services and Utilities
Impacts to publicservices and utilities are addressed in Section 5.12of the FEIR. The following
technical studies were prepared for the proposed modifications:
Otay Ranch Planning Area 12 Freeway Commercial SPA Amendment Water System
Evaluation (Dexter Wilson 2017a)
Private Water System Analysis for the Otay Ranch Planning Area 12 East Residential
Site (Dexter Wilson 2019a)
Sewer System Evaluationfor the Otay Ranch Planning Area 12 Freeway Commercial
SPA Amendment(Dexter Wilson 2017b)
Sewer System Analysis for the Otay Ranch Planning Area 12 East Residential Site
(Dexter Wilson 2019b)
Water Demand and Water System
The proposed projectwater demands were included in the Otay Water District(OWD)
February 2015 Water Supply Assessment and Verification (WSAV). Table 1summarizes the
projected water demands as presented in the WSAVand projected demand based on the
proposed modifications. As shown, projected water demand withthe proposed modifications
would decreaseby 13,900gallons per day, or 16acre-feet per year,ascompared tothe
assumptionsin the 2015 WSAV (Dexter Wilson 2017a).The reduction in demand is a result
of updated water demand factors used in the OWD 2015 Water Facilities Master Plan. These
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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updated water demand factors for residential development are based on actual usage data and
reflect lower projected usage per unit as a result of water conservation efforts in recent years.
Table 1
Proposed Project Water Demand Summary
Land UseAcresBuilding UnitsUnit Demand FactorTotal Demand (gpd)
WSAV Water Demand(2015WSAV)
1
MF Residential Units—650255gpd/unit165,750
Hotel Rooms—310115 gpd/room35,650
Commercial3.6—1,785 gpd/ac6,428
Subtotal207,828
Proposed ModificationPotable Water Demand
1,2
Multi-Family Residential—900170gpd/unit153,000
1
Hotels—300115 gpd/unit34,500
2
Commercial3.6—1,785gpd/ac6,428
Subtotal193,928
DecreasedWater Demand13,900
Source: Dexter Wilson 2017a
Notes:gpd = gallons per day
1
Assumes recycled water to be used for irrigation.
2
Based on 2015 Water Facilities Master Plan (OWD).
The recommended water system was outlined in the 2002Sub Area Master Planfor the
proposed projectand included in the OWD 2015 Water Facilities Master Plan.As shown in
Table 1, the projected water demand for the proposed modificationsis lower than what was
estimated in the 2015 WSAVreport.Thus, impacts on water supply due to implementation of
the proposed modifications have been adequately evaluated and do not require any changes or
updates (Dexter Wilson 2017a).
The sizing of the existing 16-inch water line in Olympic Parkway, 20-inch line in Eastlake
Parkway, and proposed 12-inch line in Town Center Driveareadequate to support the proposed
modificationsand, therefore, no changes to the proposed projectwater systemas analyzed in the
FEIRare necessary as a result of the proposed modifications(Dexter Wilson 2017a).Additionally,
the proposed modificationswould comply with the City of Chula Vista Guidelines for water
conservation, including the use of recycledwater for landscaping and implementation of additional
water conservation measures such as hot water pipe insulation, pressure reducing valves, and water
efficient dishwashers. As such, the proposed modifications would not result in any newsignificant
environmental effects beyond those previously analyzed under the FEIR for theproposed project.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
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Regarding recycled water use, the proposed modificationwould use recycled water for irrigation
of the park site and common areas associated with the commercial and residential sites. Table 2
shows the average recycled water demand associated with the proposed modifications.
Table 2
Proposed Modifications Projected Recycled Water Demand
Recycled Water Net Recycled Average
Land UseQuantityFactorAcreageUnit RateDemand
1
Multi-Family Residential900units15%—30gpd/unit27,000
1
Commercial4.0acres10%0.41,900gpd/ac760
1
Park2.0 acres100%2.01,900gpd/ac3,800
Total31,560gpd
Source: Dexter Wilson 2017a
Notes:gpd = gallons per day
1
Based on OWD 2015 Water Facilities Master Plan.
As shown in Table 2, the estimated average recycled water demand for the proposed modifications
is 31,560gallons per day, or 35.4acre-feet per year, which would not necessitate changes to the
approved recycled water system(Dexter Wilson 2017a).As such, the proposed modifications
would not result in any newsignificant environmental effects beyond those previously analyzed
under the FEIR for theproposed project.
Wastewater Demand and Wastewater System
The August 2004 approved SPA plan provided projected wastewater flows. Table 3shows a
comparison between projected wastewater flows for the proposed projectand wastewater flows
basedon the land usesofthe proposed modifications.
Table 3
Proposed Modifications Wastewater Flow Summary
Land UseAcresBuilding UnitsGeneration FactorAverage Flow (gpd)
OriginallyApproved Wastewater Flow
Commercial34.5—2,500 gpd/ac86,250
Proposed ModificationWastewater Flow
Multi-Family Residential —900182gpd/unit163,800
1
Hotels—30076gpd/unit22,800
Park2.0—410gpd/ac820
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Table 3
Proposed Modifications Wastewater Flow Summary
Land UseAcresBuilding UnitsGeneration FactorAverage Flow (gpd)
Commercial1.4—1,401gpd/ac1,960
Subtotal189,380
Increased Wastewater Flow103,130
2
Increased Wastewater EDUs448
Source: Dexter Wilson 2017b
Notes:gpd = gallons per day, EDU = equivalent dwelling unit
1
Based on 0.33 EDU per room.
2
Based on 230 gpd/EDU.
The Poggi Canyon Basin Gravity Sewer Development Impact Fee Update (DIF report) was
completed in April 2009, which projected wastewater flows associated with the Poggi Canyon
Interceptor. Table 4shows a comparison of wastewater flows associated with the proposed
modificationsand projected flows as presented in the DIF report.
Table 4
Proposed Modificationsand Poggi Basin Wastewater Flow Summary
1
DescriptionQuantityUnit Flow FactorAverage Flow, gpdEDUs
2009 DIF Study
C-130.4 ac2,500 gdp/ac76,000330.4
C-28.2 ac2,500 gdp/ac20,50089.1
Subtotal 2009 DIF Study420
Proposed Modifications
Multi-Family Residential 900units182gpd/unit163,800712.2
Hotels300units76gpd/unit22,80099.1
Park2.0 acre410gpd/ac8203.6
Commercial1.4acre1,401gpd/ac1,9608.5
Subtotal Proposed Modifications823
Increase403
Source:Dexter Wilson 2017b
Notes:gpd = gallons per day
1
Based on 230 gpd/EDU. 2009 DIF Study was based on 265 gpd/EDU.
The proposed on-site wastewater system would consist of gravity sewer lines that would convey
flow to the Poggi Canyon Interceptor in Olympic Parkway. Based on the average flow presented
in Table 3and a peak factor of 2.22from the City Subdivision Manual, the projected peak flow
for the proposed modificationsis 0.42million gallons per day.An 8-inch gravity sewer line with
a minimum slope of 1.0% is adequate to convey this projected total flow.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
Additionally, the proposed modificationsdo not require additional reaches of the Poggi Interceptor
to be upgraded in the future. Therefore, although the proposed modificationswould exceed the
units anticipated in the 2009 Poggi DIF report, the limits of the required DIF improvements remain
the same. Further, the proposed modificationswould be required to update the Poggi DIF study as
a condition of approval(Dexter Wilson 2017b).The project is consistent withFEIR Mitigation
Measures 5.12-11 through 5.12-13, which require the applicant to demonstrate adequate capacity
in the Poggi Canyon sewer line.As demonstrated above, there is adequate sewer capacity.Also,
when the proposedproject comes forward for approval, itwill be conditioned to pay sewer fees
andconnect to the sewer system.As such, the proposed modifications would not result in any new
significant environmental effects beyond those previously analyzed under the FEIR for the
proposed project.
Police Protection, Fire Protection and Emergency Medical Services, Schools, Libraries,
and Parks
As described in Section 5.12 of the FEIR, police, fire and emergency medical, library, and school
facilities would be financed as part of therequiredPublic Facilities Financing Plan(PFFP).The
project’s PFFP would be modified to reflect the changes in land uses within the site resulting from the
proposed residential development to provide adequate public facilities impact fees.Chula Vista
Municipal Code Section 19.80.030 (Controlled Residential Development) is intended to ensure that
new development would not degrade existing public services and facilities below acceptable standards
for schools and other public services. The PFFP prepared in conjunction withthe preparation of a SPA
Plan for a project is intended to ensure development of the project is consistent with the overall goals
and policies of the General Plan and would not degrade public services.Section 19.09 also requires a
PFFP and the demonstration that public services meet the growth management ordinance quality of
life threshold standards. The PFFP would ensure funding for any needed expansion of services and
that public services would be provided commensurate with development and demand.Pursuant to
Government Code Section 65996, the payment of these fees by a developer serves to fully mitigate all
potential project impacts on school facilities to less than significant levels.Consistent with mitigation
required by the FEIR, all required schoolfees would be paid prior to issuance of building permits. The
PFFP would address any development impact fee requirements to ensure funding for any needed
expansion of public services facilities, including police and fire facilities, parks, and libraries,
commensurate with development and demand.
Any resulting increase in public facilities space, such as schools or libraries, would be minor, likely
located within already developed or developing areas of the vicinity,and would not result in an adverse
physical impact on the environment, consistent with the City’s CEQA thresholds. The proposed
modifications includes an increase of 300 residential units.The proposed modificationswould require
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Third Addendum to EIR
Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
an additional approximate2.35 acres of parkland, which would be met through payment of Park
Benefit Fees.As such, the proposed modifications would not result in any new significant
environmental effects beyond those previously analyzed under the FEIR for the proposedproject.
7CONCLUSION
This document has identified all changed circumstances and new information and memorializes in
detail the City’s reasoned conclusion that none of these changes create the conditions requiring the
preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines, Sections 15162
and 15163.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I
hereby find that approval and implementation of the proposed project will result in only minor
technical changes or additions, which are necessary to make the FEIRadequate under CEQA.
________________________________________________
Name/TitleDate
Attachments:Figures 1–3
Summary of Impacts and Mitigation –Otay Ranch Planning Area 12FC SPA Plan
8REFERENCES
Chen Ryan.2019. Otay Ranch PA 12 Freeway Commercial North –Traffic Analysis
Memorandum.April 24.
City of Chula Vista. 2003.Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional PlanningArea (SPA) Plan Planning Area 12. SCH # 1989010154.
Dexter Wilson Engineering, Inc. 2017a. Otay Ranch Planning Area 12 Freeway Commercial
SPA AmendmentWater System Evaluation. September 25.
Dexter Wilson Engineering, Inc. 2017b. Sewer System Evaluation for the Otay Ranch Planning
Area 12 Freeway Commercial SPA Amendment. September 25.
Dexter Wilson Engineering, Inc. 2019a. Private Water System Analysis for the Otay Ranch
Planning Area 12 East Residential Site. February 27.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
Dexter Wilson Engineering, Inc. 2019b. Sewer System Analysis for the Otay Ranch Planning
Area 12 East Residential Site. 2019b. February 25.
Dudek. 2018. PA-12 East–Addendum to Prior Noise Study and EIR. July 3.
SRA(Scientific Resources Associated).2017.Air Quality and GHG Impacts Planning Area 12.
July 19.
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RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE THIRD ADDENDUM (IS-
17-0005) TO FEIR 02-04; APPROVING AN AMENDMENTTO
THE OTAY RANCH GENERAL DEVELOPMENT PLANTO
REFLECT LAND USE CHANGESFOR APPROXIMATELY 36
ACRESWITHINTHEOTAYRANCHFREEWAY
COMMERCIAL PLANNING AREA 12 PLANNED COMMUNITY,
INCLUDING ASSOCIATED TEXT, MAPS AND TABLES
I.RECITALS
A.Project Site
WHEREAS, the areas of land which are the subject of this Resolution contain all lands
within the boundaries of Exhibit 1attached hereto and incorporated herein by this reference,and
includes approximately 36 acres of land generally located south of Olympic Parkway, west of
EastLake Parkwayand eastof SR-125within the Otay Ranch Planned CommunityFreeway
Commercial North (FC-2) area; and
B.Project; Application for Discretionary Approvals
WHEREAS, inNovember, 2017, the City of Chula Vista deemed the Baldwin and Sons,
LLC(Applicant) application complete and initiated a Otay Ranch General Development Plan
Amendment (GDPA)(the“Project”); and
WHEREAS, the proposed GDPA involvesamending portions of Part IIof the Otay Ranch
General Development Plan(GDP), including associated text, maps and tables; and
WHEREAS, the proposed GDPA iscontained in a document entitled “PA12 –Freeway
Commercial North (FC-2) Amendment (PCM17-0012), May 2019” as representedin Exhibit 2
attached heretoand incorporated herein by this reference;and
C.Prior Discretionary Approvals
WHEREAS, the Otay Ranch GDPwas approved on October 23, 1993, and most recently
updated on May15, 2018; and
WHEREAS, the GDPA as presented isnecessary to accommodate the land uses anticipated
in the associated DevelopmentAgreement amendment between the City of Chula Vista and
Village II Town Center, LLC and Sunranch Capital Partners, LLC for Freeway Commercial North
(FC-2) (Development Agreement); and
2019-06-18 Agenda PacketPage 1048 of 1481
Resolution 2019-_______Page 2of 3
WHEREAS, the GDPA wasdesigned to address and accommodatedevelopment of a
transit-supportive mixed use residential developmentwith ancillary commercial and a highly
amenitized urban park; and
WHEREAS, the next step in the process would require the approval of an amendment to
the Sectional Planning Area (SPA) Planand Development Agreement, and a Design Review (DR)
for Freeway Commercial North (FC-2); and
D.Planning Commission Record of Application
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the GDPA; and
WHEREAS, the proceedings and all evidence introducedbefore the Planning Commission
at the public hearing on this Project, and the Minutes and Resolution resulting therefrom, are
hereby incorporated into the record subsequent to these proceedings; and
E.City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the GDPAand notice
of said hearing, together with its purpose given by its publication in a newspaper of general
circulation in the City, at least ten days prior to the hearing; and
WHEREAS, pursuant to California Government Code section 65090, the City Council held
a duly noticed public hearing on the subject GDPA.
NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds and determines as
follows:
II.COMPLIANCE WITH CEQA
That the Development Services Director has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan–Planning Area 12(FEIR-02-04)
(SCH#1989010154). The Development Services Director has determined that only minor technical
changes or additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document
have occurred; therefore, the Development Services Director has caused the preparationof a Third
Addendum to FEIR-02-04.
The City Council of the City of Chula Vista finds that, in the exercise of their independent
review and judgment, as set forth in the record of its proceedings, the Third Addendum to FEIR-
02-04 in the form presented, has been prepared in accordance with the requirements of the
California Environmental Quality Act and the Environmental Review Procedures of the City of
Chula Vista and has considered the Addendum to FEIR-02-04.
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Resolution 2019-_______Page 3of 3
III.GENERAL DEVELOPMENT PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Development Plan, as
amended, is internally consistent and shall remain internally consistent following amendment
thereof by this Resolution.
IV.ADOPTION OF GENERAL DEVELOPMENT PLAN AMENDMENT
In light of the findings above, the City Council hereby approves the General Development
Plan Amendmentin the form as presented in Exhibit 2attached heretoand incorporated herein by
this referenceand on file in the City Clerk's Office.
Presented by:Approved as to form by:
_________________________________________
Kelly Broughton, FASLAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1050 of 1481
July 3, 2018 11040-7266
Tori Massie
Baldwin & Sons
Project Coordinator
610 West Ash, Suite 1500
San Diego, California 92101
Subject: PA-12 East Addendum to Prior Noise Study
Dear Ms. Massie:
Dudek has completed this focused noise re-assessment for the Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan Planning Area 12 (PA-12), in the City of Chula Vista,
California. This letter specifically addresses the East portion of the PA-12 development,
specifically east of Town Center Drive. At your request, we have re-evaluated the adjacent
roadway traffic noise and BRT noise based upon current site information. Please note that all
sound levels in this report are A-weighted. Definitions of acoustical terms used in this report are
provided in Attachment 1.
The City of Chula Vista General Plan Noise Element indicates that the maximum allowable
exterior noise level for new residential developments is a Community Noise Equivalent Level
(CNEL) of 65 A-weighted decibels (dBA) (City of Chula Vista 2005). California Building Code
(Part 2, Title 24, California Code of Regulations) requires that the interior noise level attributable
to exterior noise sources not exceed 45 dBA CNEL for multi-family residential buildings.
The City of Chula Vista also requires that interior noise levels attributable to exterior noise
sources not exceed a CNEL of 45 dBA within residences. Typically, with the windows open,
building shells provide approximately 15 dBA of noise reduction. Therefore, rooms exposed to
an exterior CNEL greater than 60 dBA could result in an interior CNEL greater than 45 dBA.
The California Building Code recognizes this relationship and therefore requires interior noise
studies when the exterior noise level is projected to exceed 60 dBA CNEL.
The exterior noise analysis follows the same general procedure outlined in Noise Assessment
Technical Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
2019-06-18 Agenda PacketPage 1051 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Plan Planning Area 12 (PA-12). Average Daily Traffic (ADT) data for the adjacent arterial
roadways was input in a computer model along with topographical data and site plan
information. CadnaA (Computer Aided Noise Abatement) is a software program for calculation,
presentation, assessment and prediction of environmental noise. This program was used to build
an updated exterior noise model for the project specific area.
For the updated modeling, the more detailed site plan provided by the applicant was utilized for
the analysis. Figure 1 shows the location of the modeled receiver based on these updated plans.
Olympic Parkway and Eastlake Parkway make up the northern and eastern boundaries of the site.
These two roads are the focus of the traffic noise modeling update. The posted speed on Olympic
Parkway is 50 mph (80 kmh). This speed was assumed for both Olympic Parkway and Eastlake
Parkway. Table 1 shows the traffic data used for the noise model.
Table 1
Traffic Volumes Associated with Local Roadways Segments
Utilizing the most recent plan sets and grading elevations available for the mixed use product
types currently planned for the site, we refined a traffic noise model in CadnaA for the
project. The same traffic volumes as used in the prior noise Addendum (Dudek 2015) were
utilized for this analysis specifically, the Horizon Year future traffic volumes as provided
by Chen Ryan (Chen Ryan 2015), because these volumes are still current (i.e., there have
been no revised projections).
Modeled receiver points were placed at the proposed poolside location, the parklet, and other
outdoor areas as well as balcony areas, as shown in Figure 1. Receiver heights corresponding to
1st, 2nd, 3rd and 4th floor elevations were modeled for balconies, based on the provided plans
(Baldwin and Sons 2018). The planned pool area was also incorporated into the updated model.
Table 2 and Table 3 show the updated calculated exterior traffic noise levels. To place the
reported exterior noise levels in context, where noise levels exceed 65 A-weighted decibels
(dBA) Community Noise Equivalent Level (CNEL), exterior mitigation is required; At locations
11040-7266
2 July 2018
2019-06-18 Agenda PacketPage 1052 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
where exterior noise levels exceed 60 dBA CNEL, interior analysis is required. Numbers
displayed in bold indicate where levels exceed 65 dBA CNEL, and italicized numbers indicate
where levels exceed 60 dBA CNEL.
Table 2
Summary of On-Site Traffic Noise Levels1 (dBA CNEL) at Outdoor Use Locations
Table 3
Summary of On-Site Traffic Noise Levels (dBA CNEL) at Balconies
11040-7266
3 July 2018
2019-06-18 Agenda PacketPage 1053 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Table 3
Summary of On-Site Traffic Noise Levels (dBA CNEL) at Balconies
11040-7266
4 July 2018
2019-06-18 Agenda PacketPage 1054 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Table 3
Summary of On-Site Traffic Noise Levels (dBA CNEL) at Balconies
Balcony barriers. For exterior noise levels at the multi-family residential buildings, the Otay
Ranch GDP has policies in place to require appropriate sound attenuation project features for all
required residential open space and public open space areas that are exposed to a noise level of
65 dBA CNEL or greater. Consistent with these policies, balconies planned on these residential
units that are counted as part of an open space requirement would need to incorporate
appropriate sound attenuating project features around the perimeter of the balconies so as not to
exceed the 65 dB CNEL threshold.
Based upon the data shown in Table 3, building receptors A1, A4, A5, A6, A7, A8, B1, B2, B3,
B4, B5, B6, and B7 at first-floor balconies/open space areas and B1 at the second floor balcony
would require Plexiglass or other clear-view panels within the line-of-sight of Olympic Parkway
if the balconies/open space areas open space requirement.
The height of such panels should be a minimum of 6 feet, in order to ensure a minimum noise
reduction of 5 decibels.
Noise wall. Based upon the data shown in Table 2, the ground-floor level exterior common
areas (Parklet and Northern Patio Amenity Area) within the line-of-sight of Olympic Parkway
and Eastlake Parkway would require noise attenuation in the form of noise barriers. The height
of such panels should be a minimum of 6 feet, in order to ensure a minimum noise reduction of
5 decibels. The noise barrier would be extended along Eastlake Parkway as shown in Figure 1
for the parklet. For the Northern Patio Amenity Area, the wall would need to be positioned as
shown in Figure 1.
11040-7266
5 July 2018
2019-06-18 Agenda PacketPage 1055 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
The noise barriers should have a surface density of at least four pounds per square foot and be
free of openings and cracks (with the exception of expansion joints gaps and other construction
techniques, which could create an opening or crack). The noise barriers may be constructed of
acrylic glass, masonry material, earthen berm, or a combination of these materials.
With construction of a solid noise barrier between the Parklet and Eastlake Parkway, and the
Northern Patio Amenity Area and Olympic Parkway, exterior noise impacts would be less
than significant.
Interior Noise. Based upon Table 2, traffic noise levels would exceed 60 dB CNEL for
residential units facing Olympic Parkway. These units/floors will require subsequent acoustical
analyses to verify compliance with the state of California (CCR Title 24) and City of Chula Vista
45 dB CNEL interior noise standard.
As discussed in a prior noise study for the project (Dudek, 2015), the South Bay Bus Rapid
Transit (BRT) route will be located along the future extension of East Palomar Street adjacent to
the southern boundary of the project site. Noise sensitive receptors that would be affected by the
South Bay Bus Rapid Transit project that would extend East Palomar Street along the southern
portion of the project site include the multi-family residential buildings on the southwest portion
of the PA-12 site. Previous noise modeling based on methodology identified by the Federal
Transit Authority (FTA 2006) and utilizing the FHWA TNM 2.5 traffic noise model (FHWA)
was conducted to determine the noise level associated with the South Bay Bus Rapid Transit
project on a separate portion of Otay Ranch. It was determined that at a distance of 40 feet from
the centerline of the nearest side of East Palomar Street the buildings would experience a
maximum future noise level of 64 dB CNEL at the first floor.
Based upon recently discovered noise emission levels used for the South Bay Bus Rapid Transit
Project (Kimley-Horn and Associates, 2012), the BRT line is anticipated to result in 60 dB
CNEL at a distance of 50 feet. This would equate to a 65 dB CNEL at a distance of 28 feet from
the BRT centerline. Providing that the nearest residential units are not located within 28 feet of
the BRT centerline, the exterior use areas (patios or balconi
exterior noise standard. Additionally, residential units within 50 feet of the BRT centerline
would require subsequent acoustical analysis to verify compliance with the state of California
(CCR Title 24) and the City of Chula Vista 45 dB CNEL interior noise standard. Based upon the
current site plans, none of the buildings in the PA-12 east portion of the site are located within 50
feet of the BRT centerline. Therefore, noise impacts from the BRT line would be less than
significant. No noise mitigation would be required for the BRT line noise.
11040-7266
6 July 2018
2019-06-18 Agenda PacketPage 1056 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
1. Consistent with Mitigation Measure 5.5-1 of the approved EIR (City of Chula Vista
2002), and to comply with the City and 45 dB CNEL interior noise standard, the
following mitigation measure is required:
a. Prior to the approval of site development plans, the applicant shall submit a
supplemental noise analysis acceptable to the Director of Planning and Building
demonstrating that interior noise levels would not exceed 45 dB CNEL.
b. A noise barrier with a minimum height of 6 feet shall be constructed along the eastern
edge of the site next to Eastlake Parkway, unless that proposed open space area is not
. Figure 1 shows the
location of the barrier.
c. A noise barrier with a minimum height of 6 feet shall be constructed (as shown in Figure
1) to block the noise from Olympic Parkway from the Northern Patio Amenity Area.
d. Building receptors A1, A4, A5, A6, A7, A8, B1, B2, B3, B4, B5, B6, and B7 would
require Plexiglass or other clear-view panels at first-floor balconies/open space areas
within the line-of-sight Olympic Parkway if the balconies/open space areas are used
This completes this focused noise report for the PA-12 East project. Should you have any
questions regarding the above information, please call me at 760.479.4248.
Sincerely,
________________________
Brian Grover
Environmental Specialist/Project Manager
bgrover@dudek.com
760.479.4248
__________________________________
Christopher Barnobi, INCE Bd.Cert.
Environmental Acoustician
cbarnobi@dudek.com
Att.: Figure 1
Attachment 1 Definitions
11040-7266
7 July 2018
2019-06-18 Agenda PacketPage 1057 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Chen Ryan. 2015. Otay Ranch PA 12 Trip Generation Review. February 12.
City of Chula Vista. 2002. Otay Ranch Planning Area 12 EIR Freeway Commercial.
City of Chula Vista. 2005. City of Chula Vista General Plan
December 13.
Dudek. 2015. PA-12 FC-2 Amendment Acoustical Assessment Report. March 20, 2015.
FHWA (Federal Highway Administration). 2004.
(Version 2.5 Addendum). April.
Kimley-Horn and Associates, Inc. 2012. Draft Noise Analysis Report, South Bay Bus Rapid
Transit. Prepared for San Diego Association of Governments. December 2012.
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2019-06-18 Agenda PacketPage 1058 of 1481
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Definitions
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ATTACHMENT 1
Definitions
Ambient Noise Level The composite of noise from all sources near and
far. The normal or existing level of environmental
noise at a given location.
A-Weighted Sound Level, (Dba) The sound pressure level in decibels as measured on
a sound level meter using the A-weighted filter
network. The A-weighting filter de-emphasizes the
very low and very high frequency components of
the sound in a manner similar to the frequency
response of the human ear and correlates well with
Community Equivalent CNEL is the A-weighted equivalent continuous
Sound Level (CNEL) sound exposure (CNEL) level for a 24-hour period
with a 10 dB adjustment added to sound levels
occurring during the nighttime hours (10 p.m. to 7
a.m.) and 5 dB added to the sound during the
evening hours (7 p.m. to 10 p.m.).
Decibel, (dB) A unit for measuring sound pressure level and is
equal to 10 times the logarithm to the base 10 of the
ratio of the measured sound pressure squared to a
reference pressure, which is 20 micropascals.
Time-Average Sound Level The sound level corresponding to a steady state
level containing the same total energy as a time
varying signal over a given sample period. TAV is
designed to average all of the loud and quiet sound
levels occurring over a time period.
11040-7266
1-1 July 2018
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11040-7266
2July 2018
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DEXTER WILSON ENGINEERING, INC.
WATER WASTEWATER RECYCLED WATER
CONSULTING ENGINEERS
-4422
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RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVING AN AMENDMENT TO THE OTAY
RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING
AREA (SPA) PLAN, DESIGN PLAN, AND ASSOCIATED
REGULATORYDOCUMENTS;ANDAPPROVINGAN
AMENDMENTTOTHEOTAYRANCHFREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN
I.RECITALS
A.Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference,and for the purpose of
general description is located in the northern portion of Planning Area 12 of Otay Ranch; and
B.Project; Applications for Discretionary Approval
WHEREAS, on November 16, 2017, a duly verified application was filed with the City of
Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area Plan,
including Design Planand associated regulatory documents, and amendments to theOtay Ranch
Freeway Commercial North Master Precise Plan (MPA 17-0011) for the Freeway Commercial
North portion of Otay Ranch Planning Area 12 (PA-12); and
C.Planning Commission Record on Application
WHEREAS, the Development Services Director set the time and place for a hearing on
the project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertisedinthe Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the project,and the Minutes and Resolution resulting
therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission voted 6-1-0-0recommending that the City
Council approvethe project; and
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Resolution No. 2019-
Page 2
D.City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula
Vista for consideration of the project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public
hearing to consider said project at the time and place as advertised in the Council Chambers, 276
Fourth Avenue, said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby findand
determine as follows:
II.CERTIFICATION OF COMPLIANCE WITH CEQA
Thatthe Development Services Directorreviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch
Freeway Commercial Sectional Planning Area (SPA) Plan-Planning Area 12(FEIR 02 -04)
(SCH #1989010154), and has determined that only minor technical changes or additions to this
document are necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore,
the Development Services Director has caused the preparationof a ThirdAddendum to FEIR 02-
04.
The City Council of the City of Chula Vista finds that, in the exercise of their
independent review and judgment, asset forth in the record of its proceedings,the Third
Addendum to FEIR-02-04 in the form presented, has been prepared in accordance with the
requirements of the California Environmental Quality Act and the Environmental Review
Procedures of the City of Chula Vista and has considered the Addendum to FEIR-02-04.
III.SPA FINDINGS/APPROVAL
A.THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AS AMENDED, AND
THE CHULA VISTA GENERAL PLAN, AS AMENDED, AND ITS SEVERAL
ELEMENTS.
The proposed SPA Plan amendment implements the GP and GDP. The GP land use designation
isRetail Commercialand Mixed Use Residential. The proposed project is consistent with these
land use designations. It contains all the requisite land uses comprising Retail Commercial and
Mixed Use Residential: commercial hotels, mixed-use development, multi-family residential
housing, a public park and open space.
The current Otay Ranch GDPdesignation is Freeway Commercial and Mixed Use. The proposed
project is consistent with these land use designations.
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Resolution No. 2019-
Page 3
B.THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The subdivision design consists of three (3) multi-family residential lots, three (3) mixed-use
commercial –multi-family residential lots, two (2) hotel lots, two (2) open space lots, one (1)
public park, one (1) private street, and one (1) remainder parcel. The condominium subdivision
is planned to allow a maximum of 900 residential units.
The Freeway Commercial SPA Public Facilities Financing Plan (PFFP)permits non-sequential
phasing by mandatingspecific facilities requirements for each phase to ensure that the new
Freeway Commercial SPA development in FC-2 is adequately served and City threshold
standards are met. Anticipated Freeway Commercial North phasing is as follows. Hotel 1 is
constructedand has been operating sinceApril, 2017. Residential West is under construction.
Pursuant tothe executed Otay Ranch Freeway Commercial SPA Development Agreement
recorded on June 17, 2015, and the amendment thereto, construction of Hotel 2 will commence
prior to issuance of the 651stresidential building permit for the Project. Construction of the
commercial component of the mixed use development will commence prior to or concurrently
with obtaining building permits and commencing construction of the residential development
located east of Town Center Drive. The Developer shall commence construction of the public
park prior to the issuance of the 530thresidential building permit and substantially complete the
park within 15 months of start of construction.
The proposed project furthers the policy objective for “Urban Villages”to have “higher densities
and mixed uses in the village cores,”“in transit focus areas”and to “provide a wide range of
residential housing opportunities” which promotes a blend offor-sale and for-rent housing
products and a range of densities integrated and compatible with other land uses in the area. The
proposed project will support Smart Growth Principles, as it provides compact development
oriented to pedestrians, bicyclists and transit, withshopping and recreational uses conveniently
and centrally located and will minimize segregated and auto-dependent urban sprawl
development patterns.
C.THE OTAY RANCH FREEWAY COMMERCIALSPA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within the project
site have been fully analyzed and will not adversely affect the circulation system and overall land
uses as previously envisioned in the Otay Ranch GDP and Otay Ranch Freeway Commercial
SPA Plan. The existing infrastructure (sewer, water, public services and facilities) has been
determined to be adequate to serve the proposedproject, as described in the Supplemental PFFP.
Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air
Quality and Global Climate Change Evaluation, Sewer Service Technical Reportand Water
Service Technical Reporthave been prepared, reviewed and approved by Citystaff. A Third
Addendum to FEIR 02-02has been prepared to analyze the Project’s impacts. No additional
environmental impactswere identified in the ThirdAddendumto FEIR 02-02.
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Resolution No. 2019-
Page 4
IV.MASTER PRECISE PLAN AMENDMENT FINDINGS
i.THAT SUCH PLAN WILL NOT UNDER THE CIRCUMSTANCES OFTHE
PARTICULAR CASE BE DETRIMENTAL TOTHE HEALTH SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY ORINJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE
VICINITY
The City Councilfinds that the proposed precise plan and development standards contained in
attached Exhibit C on file at the office of the CityClerk will not have a negative impact on the
surroundingneighborhood because the proposed standards are consistent with the Otay Ranch
GDPand Freeway Commercial SPA Plan. It allowsthe Applicant to design a project thatis
compatible with the type and intensity of existing development in thearea.The proposedproject
amendment allows a more intensive use of the previously approvedwalkable, mixed-use
development for Otay Ranch Freeway Commercial North. It fully maximizes theland use
potential of FC-2 within walking range of the Otay Ranch Bus Rapid Transit (BRT)stop,ensures
transit-supportive densities near the BRT line, and provides a more diverse mix of housing types.
ii.THAT SUCH PLAN SATISFIES THE PRINCIPLEFOR THE APPLICATIONOF
THE P MODIFYINGDISTRICT AS SET FORTH IN CVMC 19.56.041:
The City Council finds that application of the P modifying district is appropriate because the
underlying zoning is Planned Community District. This Master Precise Plan is required by the
Freeway Commercial SPA Plan (PC District Regulations), and provides the entitlement bridge
linking the approved policies and land use designations of the Freeway Commercial SPA/Design
Plan with subsequent project-level approvals within the project area. It serves as a framework
document by which future “Individual Precise Plans” will be evaluated for compliance with the
approved Master Precise Plan concepts that encompass streetscape and landscape design, signs,
and architectural and lighting guidelines.
iii.THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT:
As the underlying zoning is Planned Community District,the Precise Plan as amended will
provide higher development standards that will make the project more compatible with adjacent
commercial uses.
iv.THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICIES OF THE CITY. (ORD. 3153 § 2 (EXH. A),
2010; ORD. 1632 § 2, 1975):
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Resolution No. 2019-
Page 5
The project has been designed and evaluated in accordance with the goals and objectivesof the
General Plan.The Precise Plan as described above will allow the project to beconsistent with the
goals and objectives of the General Plan and the Chula VistaMunicipal Code.
V.APPROVALOF SPA AND MASTER PRECISE PLAN AMENDMENT,
Unless otherwise specified,the Conditions of Approval and Code requirements setforth below
shall be completed prior to the issuance of Building Permits as determined by the Development
Services Director and the City Engineer, or designees, unless otherwise specified.
1.Prior to approval of any land development permits, the Applicant shall demonstrate that the
applicable Air Quality Improvement Plan (AQIP) project design features and measures
outlined in the Air Quality Improvement Plan pertaining to the design, construction and
operational phases of the project have been incorporated in the project design.
2.Prior to issuance of building permits or approval of landscape construction plans, the
Applicant shall implement the applicable mandatory water quality conservation measures of
the Water Conservation Plan of the SPA Plan.
3.All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Applicantas to any or all
of the property.
4.If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of Building Permits, deny, or
further condition the subsequent approvals that are derived from the approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions and/or seek
damages for their violation.
5.The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, fromCity’s actions on (a)
the Third Addendum to FEIR-02-04,(b) the Mitigation Monitoring and Reporting Program
for the project, (c) the Otay Ranch Freeway Commercial SPA Plan (MPA17-0011), (d) any
and all entitlements issued by the City in connection with the project, and/or (e)City’s
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the project site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Resolutionwhere indicated below. The Property Owner’s and Applicant’s
compliance with this provision shall be binding on any and all of the Property Owner’s
and Applicant’s successors and assigns.
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Resolution No. 2019-
Page 6
6. The Applicant shallcomply with all Conditions of Approval, guidelines, policies, and any
other applicable requirements of the following plans and programs, as amended from time to
time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of
Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula
Vista Design and Construction Standards; the Development Storm Water Manual for
Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance,
CVMC 15.04; the State of California Subdivision Map Act; the City of Chula Vista General
Plan; the City’s Growth Management Ordinance; Chula Vista Design Manual; Chula Vista
Landscape Manual; Chula Vista Landscape Water Conservation Ordinance; Chula Vista
Fire Facility Master Plan, and Fire Department Policies and Procedures; Otay Ranch
General Development Plan, Otay Ranch Resource Management Plan (RMP) Phase 1 and
Phase 2, including the Preserve Conveyance Schedule; City of Chula Vista Adopted Parks
and Recreation Master Plan, Otay Ranch Wide Affordable Housing Plan; Otay Ranch
Overall Design Plan; Otay Ranch Freeway CommercialSectional Planning Area (SPA,
PCM-17-0011) Plan and supporting appendices, including: Public Facilities Finance Plan
(PFFP)and Supplemental PFFP, Affordable Housing Plan, Air Quality Improvement Plan
(AQIP), Non-Renewable Energy Conservation Plan, and Water Conservation Plan (WCP),
as amended from time to time; and Tentative Subdivision Map (PCS-19-0001)for Otay
Ranch Planning Area 12 Freeway Commercial North. The Project shall comply with all
applicable mitigation measures specified in the ThirdAddendum to EIRMitigation
Monitoring and Reporting Program, as they relate to the Freeway CommercialSectional
Planning Area Plan and Tentative Map Environmental Impact Report to the satisfaction of
the Development Services Director.
7. The Applicantshall satisfy the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishesa
requirement that the project provide (3) acres of local parks and related improvements per
1,000 residents. Local parks are comprised of community parks andneighborhood parks.
The Applicant shall satisfy all of its park obligations in accordance with the First
Amendment to Development Agreement for the project, or as amended from time to
time.
8. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Development Services and the City Engineer.
th
9. Prior to the issuanceof the 530residentialBuilding Permit, the Applicant shall complete
the Rezone of a 7.5 acre site in Village 7 for Community Purpose Facility (CPF), which
includes the required 3.24 acres for Freeway Commercial North, to the satisfaction of the
Development Services Director.
10.The Applicant may, at the discretion of the Development Services Director, enter into
supplemental agreement(s) with the City, prior to approval of each Final Map for any phase
or unit, whereby:
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Resolution No. 2019-
Page 7
a. The City withholdsBuilding Permits for any units within the project site in order to have
the project comply with the Growth Management Program; or, if any one of the following
occur:
i. Regional development threshold limits set by a Chula Vista transportation-phasing
plan, as amended from time to time, have been reached.
ii. Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
iii. The Project’s required public facilities, as identified in the PFFP, or as amended
or otherwise conditioned, have not been completed or constructed in accordance
with the project entitlements including the Development Agreement to the
satisfaction of the Development Services Director and the City Engineer. The
Applicantmay propose changes in the timing and sequencing of development and
the construction of improvements affected. In such case, the PFFP may be amended
after review and approval by the City’s Director of Development Services and the
City Engineer. The Developer agree(s) that the City may withhold Building Permits
for any of the phases of development identified in the PFFP for the project if the
project’s required public facilities, as identified in the PFFP or in accordance with
the Development Agreement are not meeting the City’s standard operating
thresholds. Public facilitiesshall include, but not be limited to, air quality, drainage,
sewer and water.
11.After final SPA approval, the Applicant shall submit electronic versions of all SPA
documents, including text and graphics, to the Development Services Department in a
format specified and acceptable to the Development Services Director.
12.The Applicant shall comply with the Fire Department’s codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and water supply plan
prepared by a licensed engineering firm, which has been determined to be qualified in the
sole discretion of the Fire Marshall, shall be submitted for approval by the City of Chula
Vista Fire Marshall. The plan shall detail how and when the Applicant shall provide the
following items either prior to the issuance of Building Permit(s) for the project,or prior to
delivery of combustible materials on any construction site on the project, whichever occurs
earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the FireMarshall. Any temporary water
supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Locations and identification
of temporary street signs shall be subject to review and approval by the City Engineer and
Fire Marshall.
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Resolution No. 2019-
Page 8
VI. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Government Code Section 66020(a) and failure to follow
timely this procedure will bar any subsequent legal action to attack, set aside, void or annual
imposition. The right to protest the fees, dedications, reservations, or other exactions does not
apply to planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
VII.EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and agreed
to the conditions contained herein, and will implement same. Upon execution, this document
shall be recorded with the County Recorder of the County of San Diego, at the sole expense of
the Property Owner and/or Applicant, and a signed, stamped copy returned to the City’s
Development Services Department. Failure to return the signed and stamped copy of this
recorded document within 10 days of recordation shall indicate the Property Owner/Applicant’s
desire that the project, and the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
_______________________________________________
Signature of Property OwnerDate
_______________________________________________
Signature of Applicant Date
VIII.CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, of if they are, by their terms, to be implemented and
maintained over time, and any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted, deny or further condition issuance of future building permits, deny, revoke or further
condition all certificates of occupancy issued under the authority of approvals herein granted,
instituted and prosecute litigate or compel their compliance or seek damages for their violations. No
vested rights are gained by Applicant or successor in interest by the City approval of this
Resolution.
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Resolution No. 2019-
Page 9
IX.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the event
that any one or more terms, provisions or conditions are determined by the Court of competent
jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, the
resolution shall be deemed to be revoked and no further in force or in effect ab initio.
BE IT FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Approval, the City Council does hereby approve the Otay Ranch Freeway
Commercial SPA Plan and Master Precise PlanAmendmentas shown in Exhibits B and C and
Attachment 7 on file in the office of the City Clerk.
Presented by:Approved as to form by:
__________________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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Resolution No. 2019-
Page 10
EXHIBIT “A”
LOCATION MAP
2019-06-18 Agenda PacketPage 1366 of 1481
ORDINANCE NO. 2019-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTSTOTHEOTAYRANCHFREEWAY
COMMERCIALPLANNEDCOMMUNITYDISTRICT
REGULATIONS FORTHE NORTHERLY FC-2 PORTION
WHEREAS, the parcel, that is the subject matter of this Ordinance, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for thepurpose of general
description is located in the northern portion of Planning Area 12 of Otay Ranch; and
WHEREAS, on November 16, 2017, a duly verified application was filed with the City
of Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan (MPA 17-0011), including the PlannedCommunity District Regulations; and
WHEREAS, the project is intended to ensure that the Otay Ranch Freeway Commercial
SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to
implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly
planning and long term phased development of the Otay Ranch GDP and to establish conditions,
which will enable Otay Ranch Freeway Commercial to exist in harmony within the community;
and
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Environmental Impact Report for the Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan-Planning Area 12(FEIR 02 -
04) (SCH #1989010154), and has determined that only minor technical changes or additions to
this document are necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore,
the Development Services Director has caused the preparationof a ThirdAddendum to FEIR 02-
04; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendmentsand notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City and its mailing to property owners within 500 feet
of the exterior boundaries of the Property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-1-0-0to recommend to the
City Council approval of the subject amendments; and
WHEREAS, the City Clerkset the time and place for ahearing on theproject, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries
of the property, at least 10 days prior to the hearing; and
2019-06-18 Agenda PacketPage 1367 of 1481
WHEREAS,a duly noticed public hearing was heldbefore the City Councilof the City
of Chula Vista to approve the project.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vistadoeshereby order
and ordain as follows:
I.PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the decision-
makers, shall comprise the entire record of the proceedings.
II.COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed and consideredthe Third Addendum
to FEIR 02-04;
III.ACTION
The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial
SPA Planned Community District Regulationson file at the office of the City Clerk,finding that
they are consistent with the City of Chula Vista General Plan, theOtay Ranch GDPand all other
applicable plans; as setforth in Resolution MPA 17-0011adopting the Freeway CommercialSPA
PlanAmendment, and that the public necessity; convenience, general welfare andgood planning
and zoning practice support their approval and implementation.
IV.SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance,is for any reason
held to be, invalid, unenforceable or unconstitutional; by a courtof competent jurisdiction, that
portion shall be deemed severable, and suchinvalidity, unenforceability or unconstitutionality
shall not affect the validity orenforceability of the remaining portions of the Ordinance, or its
application to anyother person or circumstance. The City Council of the City of Chula Vista
herebydeclares that it would have adopted each section, sentence, clause or phrase ofthis
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.
V.CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement,not to duplicate
or contradict, applicable state and federal law and this Ordinanceshall be construed in light of that
intent.
VI.EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from andafter its adoption.
2019-06-18 Agenda PacketPage 1368 of 1481
VII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance andshall cause the same
to be published or posted according to law.
Presented by:Approved as to form by:
____________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1369 of 1481
ORDINANCE NO. _______
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN
THE CITY OF CHULA VISTA,VILLAGE II TOWN CENTER,
LLC AND SUNRANCH CAPITAL PARTNERS, LLCFOR THE
FREEWAY COMMERCIAL NORTH PORTIONOF OTAY
RANCH PLANNING AREA 12
WHEREAS, the property which is the subject matter of this Ordinance is identified in the
Development Agreement attached hereto as Exhibit “A” and commonly known as the Freeway
Commercial North (or FC-2) portion of Otay Ranch Planning Area 12(Property); and
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Environmental Impact Report for the Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan -Planning Area 12(“FEIR
02-04”) (SCH#1989010154). The Development Services Director has determined that only
minor technical changes or additions to this document are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation
of a subsequent document have occurred; therefore, the Development Service Director has
caused the preparationof aThirdAddendum to FEIR 02-04; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement Amendment and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City and its mailing to
property owners within 500 feet of the exterior boundaries of the Propertyat least ten days prior
to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, andthe Planning Commission voted 6-1-0-0to recommend to
the City Council approval of the Development Agreement Amendment; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to consider adopting the Ordinance to approve the Development Agreement
Amendment.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby
order and ordain as follows:
I.PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing and the Minutes and Resolutions resulting therefrom, are hereby
incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision-makers, shall comprise the entire record of the
proceedings.
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Ordinance No. _______________
Page 2
II.COMPLIANCE WITHCEQA
The City Council hereby finds, based upon their independent review and judgement,that
the adoption of the Ordinance approving the Development Agreement Amendment for
the project, as described and analyzed in the Third Addendum to Final EIR 02-04, would
have no new effects that were not examined in said Final EIR.
III.CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed Development Agreement Amendmentis
consistent with the City’s General Plan and Otay Ranch General Development Plan, both
as amended. The Development Agreementand Development AgreementAmendment
implement the General Plan and the Otay Ranch General Development Planby providing
a comprehensive program to implement the Sectional Planning Area (SPA)Plan
Amendment and Tentative Map. The plans provide design incorporating a mixture of
land uses connected by a walkablesystem of public streets and pedestrian paths,
neighborhoodparks and plazas, retail opportunities, and commercial activities designed
to promote a safe pedestrian environment. The Freeway Commercial Northplan,
including the number of residential units,number of hotel rooms, park acreage, and
commercial mixed use area,is consistent with the General Plan and the Otay Ranch
General Development Plan, as amended.
IV.ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
Amendmentbetween the City of Chula Vista, Village II Town Center, LLC and
SunRanch Capital Partners, LLC for the Freeway Commercial North portion of Otay
Ranch Planning Area 12(a copy of which is on file in the City Clerk’s office), finding it
consistent with the California Government Code, adopted City policies, the General Plan,
and the Otay Ranch General Development Plan.
V.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.
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Ordinance No. _______________
Page 3
VI. 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.
VII.EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VIII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be publishedor posted according to law.
Presented by:Approved as to form by:
___________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1372 of 1481
Attachment 3
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT FOR THE PROVISION OF COMMUNITY
PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE
TWO BETWEEN THE CITY OF CHULA VISTA AND OTAY
PROJECT, L.P
I.RECITALS
WHEREAS, an Agreement titled “AGREEMENT FOR THE PROVISION OF
COMMUNITY PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE TWO”
between the City of Chula Vista and Otay Project L.P., a California limited partnership (“OPLP”)
was executed on August 22, 2012 pursuant to County Recorder’s Office Document # 2012-
0722469 dated November 19, 2012; and
WHEREAS, the property which is the subject matter of this Resolutionis identified in the
Community Purpose Facility (CPF) agreement (CPF Agreement) attached hereto as Exhibit “A”
and is commonly known as Village Two of Otay Ranch and for the purpose of general description
herein consists of 775acres located south of Olympic Parkway, west of LaMedia Road and to the
east and west of HeritageRoad(Project Site); and
WHEREAS, the City of Chula Vista and Otay Project, L.P. would like to change the
provision of the Agreement regarding the trigger for the delivery of the CPFAcreagefrom a fixed
number of units to 75 percent of the total number of units to be constructed in Village 2; and
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Supplemental Environmental Impact Report
(“FSEIR 12-01”) (SCH#2003091012). The Development Services Director has determined that
only minor technical changes or additions to this document are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of
a subsequent document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FSEIR 12-01; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Amendment to the CPF Agreement and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City and its mailing to property
owners within 500 feet of the exterior boundaries of the Property at least ten days prior to the
hearing; and
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Resolution 2019-_______Page 2of 2
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-1-0-0 to recommend to the
City Council approval of the First Amendment to the CPF Agreement for Village Two; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to consider adopting the Resolution to approve the First Amendment to the
CPF Agreement for Village Two.
NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds and determines as
follows:
II.COMPLIANCE WITH CEQA
The City Council hereby finds, based upon their independent review and judgement, that the
adoption of the Resolution approving the First Amendment to the CPF Agreement for Village Two,
as described and analyzed in the Third Addendum toFSEIR 12-01, would have no new effects that
were not examined in said Final Supplemental EIR.
III.CONSISTENCYWITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council finds that the proposed First Amendment to the CPF Agreement is consistent
with the City’s General Plan and Otay Ranch General Development Plan, both as amended.
IV.ACTION
The City Council hereby adopts a Resolution approving the Amendment to the CPF Agreement (a
copy of which is on file in the City Clerk’s office), finding it consistentwith the California
Government Code, adopted City policies, the General Plan, and the Otay Ranch General
Development Plan.
Presented by:Approved as to form by:
_________________________________________
Kelly Broughton, FASLAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1374 of 1481
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE SUBDIVISION MAP CVT 19-
0001FOR OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL NORTH
I.RECITALS
1.Project Site
WHEREAS, the parcel, that is the subject matter of this Resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose ofgeneral
description is located in the northern portion of Planning Area 12 ofOtay Ranch; and
2.Project; Applications for Discretionary Approval
WHEREAS, on January 9, 2019, a duly verified application for a Tentative Subdivision
Map (PCS-19-0001) was filed with the City of Chula Vista Development Services Departmentby
Baldwin & Sons(Applicant); to allocate the additional 300 units to R/MU land use district. The
Tentative Subdivision Map creates608 residentialcondominium units, 10 commercial lots and
1,049 parking condominium unitson 10.405 acres of land;and
3.Environmental Determination
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan-Planning Area 12(FEIR 02 -04) (SCH
#1989010154), and has determined that only minor technical changes or additions to this document
are necessary and that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Development Services Director has caused the preparationof a ThirdAddendum to FEIR 02-04;
and
4.Planning Commission Record on Application
WHEREAS, a public hearing time and place was set by the Planning Commission for said
Tentative Subdivision Map and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior
to the hearing; and
WHEREAS, a hearing at the time and place as advertised, was held before the Planning
Commission in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed;
and
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City Council Resolution No. 2019-
Page 2
WHEREAS, the Planning Commission reviewed and considered theTentative Subdivision
Map PCS-19-0001; and
WHEREAS, the Planning Commission,after considering all evidence and testimony
presented,by a vote of 6-1-0-0recommends that the City of Chula Vista City Council approve the
Tentative Subdivision Map CVT 19-0001for Otay Ranch Planning Area 12 Freeway Commercial
North in Conjunction with the PA-12 Sectional Planning Area (SPA)Plan Amendment; and
5.City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the Tentative Subdivision Mapand notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City, and its
mailing to property owners and residents within 500 feet of the exterior boundaries of the property,
at least ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing
to consider said Tentative Subdivision Mapat the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby findand
determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the
elements of the City’s General Plan, based on the following:
1. Land Use
The General Plan (GP) land use designation isRetail Commercial and Mixed Use
Residential. The proposed project is consistent with these land use designation.
The current Otay Ranch General Development Plan(GDP) designation is Freeway
Commercial and Mixed Use. The proposed project is consistent with these land use
designation.
The existing implementing zone in the Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into twosubcategories: R/MU
(Residential/Mix-Use)and C/MU (Commercial/Mixed Use). Allneighborhoods, as
shown on the Tentative Subdivision Map, are consistent with these designations. In
total, this Tentative Subdivision Mapdepicts 608 residential units.
The subdivision design creates608 residential condominium units, 10 commercial lots
and 1,049 parking condominium units on two (2) lots, and one (1) private street. The
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proposed project furthers the policy objective for “Urban Villages”to have “higher
densities and mixed uses in the village cores”and to "provide a wide range of
residential housing opportunities” which promotes a blend of for-sale and for-rent
housing products and a range of densities integrated and compatible with other land
uses in the area. The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns.
3.Circulation
All off-site public streets required to serve the subdivision already exist. The on-site
privatestreet isdesigned in accordance with the City design standards and/or
requirements and providesfor vehicular and pedestrian connections.
4.Economic Development
The proposed project results in an increase of 300residential units. There is aprovision
of a wider range of housingoptions and pricing for potential home-buyers and renters
in the current housing market. Byadding these units, increased patronage to the nearby
commercial and public/quasi-publicuses can be anticipated to contribute to greater
economic development withinPlanning Area 12and the City.
The Project allows for development of multi-family housing. The Project provides
homebuyers the opportunity topurchase homes with greater affordability, reduced
maintenance/utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation inhousing
opportunities available to Chula Vista residents, consistent with General Plan (GP)
Objective ED 2.The proposed project also fosters economic development benefits at
the communitylevel by providing for increased housing densities within the same
developmentfootprint. These increased densities allow for infrastructure and municipal
services tobe provided at reduced cost per capita (more people served by the same
municipalservices). Additionally, with increased housing (and population) within the
samedevelopment footprint, increased densities improve the viability of community
serving commercial and public/quasi-public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and midsized
industries and businesses and community serving and neighborhood uses,consistent
with GP Objectives ED 3 and ED 9.
5.Public Facilities
The project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the project concurrent with the demand for those
services. A Supplemental Public Facilities Financing Plan (PFFP)has been prepared to
analyze the demand generated by 300 new residential units for public services and
facilities, and the phasing needs created by the project.
Storm Water: Otay Ranch FC-2 project existing conditions and proposed drainage
improvements are identified in the “Otay Ranch Planning Area 12, Drainage Study,”
dated October 7, 2014, by Hunsaker & Associates. The Hunsaker Drainage Study
identifies the Pre-Development and Post-Development Conditions flow rates for 50-
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year and 100-year storm events; the required size of the proposed storm drain facilities
needed to route the expected runoff through the developed site; and a capacity analysis
and recommendation for the existing storm drain capacity once the site is developed.
A Drainage Report and a Storm Water Quality Management Plan (SWQMP) were
prepared by SB&O Inc. on August 8, 2018 for the east portion of FC-2.
The current project storm water quality conditions and proposed water quality
improvements are identified in three reports. Each report focuses on a specific area
within FC-2 and includes:
The Hotel Site:Water Quality Technical Report (Major WQTR) for Otay Ranch
Village 12, PA-12 West Residential October 20, 2014by Hunsaker & Associates.
The Eastern Residential area: “A Drainage Report and a SWQMP”, August 8,
2018 by SB&O Inc.
The Western Residential area: Water Quality Technical Report (Major WQTR) for
Otay Ranch Village 12, PA-12 West Residential December 31, 2015by Hunsaker
& Associates.
The Hunsaker WQTR’s and SB&O SWQMPhave been prepared to implement the
methods and procedures as described in the City of Chula Vista Storm Water Manual
and Standard Urban Stormwater Mitigation Plan (SUSMP) for Best Management
Practices (BMP)design. The treatment of the runoff from the project is addressed in
the WQTR. Theproposed design will utilize on-site Low Impact Development (LID),
BMPs and Bioretention Integrated Management Practices (IMP’s) Treatment Controls
to treat the 85th percentile flow from the development. The FC-2 project is under the
jurisdiction of the San Diego Regional Water Quality Control Board (SDRWQCB).
The FC-2 project is subject to the National Pollutant Discharge Elimination System
(NPDES) requirements both during and after construction. NPDES requirements stem
from the Federal Clean Water Act and are enforced either by the State Water Resources
Control Board (SWRCB) or the Regional Water Quality Control Board (RWQCB) for
the region in which the project is located.
The City of Chula Vista BMP Design ManualMarch 2019 update to the December
2015Manual, addresses the onsite post-construction storm water requirements for
Standard Projects and Priority Development Projects (PDPs) and provides procedures
for planning, preliminary design, selection, and design of permanent storm water BMPs
based on the performance standards as required by the Municipal Storm Water Permit
for the San Diego Region \[Order No. R9-2013-0001 as amended by R9-2015-0001 and
R9-2015-0100\]. All development projects must comply with the requirements.
Wastewater: The project is consistent with Final Environmental Impact Report (FEIR)
Mitigation Measures 5.12-11 through 5.12-13, which require the Applicant to
demonstrate adequate capacity in the Poggi Canyon sewer line. The sewer technical
study (Dexter 2019) demonstrates that there is adequate sewer capacity in the existing
8-inch line that serves the site. The existing 8-inch gravity sewer line is adequate to
convey this projected total flow.
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Potable Water Demand: As the subject matter of a GP and GDP amendment
(Resolution No.2015-114), the property was included in a water supply assessment,
which was approved for the project on April 1, 2015. It documentsthat there is an
assured long term supply of water for the project. This report estimated that the project
would require a supply of 233 AFY to meet thedemands of the project and concluded
that the Otay Water District (OWD)could meet these demands. After the 2015 WSAV
report was approved, OWD updated the water demand factors that are used to estimate
demands from future development. Due to the success of water conservation efforts in
the region and corresponding reductions to OWD water demand factors, the current
demand for the proposed Freeway Commercial project amendment is 217 AFY, or 16
AFY less than the project that was approved in 2015. This reduction in water demand
projections by OWD is consistent with what the San Diego County Water Authority
(SDCWA)reports region wide where their supply of water to the San Diego region was
less in 2016 than it was in 1990, despite an increase in the population and number of
residences.
6.Environmental Element
The proposed project has been reviewed in accordance with the requirements of the
CEQAand it was determined that the project was covered in the previously adopted
Final Environmental Impact Report for the Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan -Planning Area 12(FEIR 02-04)
(SCH#1989010154).A Water Quality Technical Report, Traffic Impact Study, Noise
Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service
Technical Memorandumand Water Service Technical Memorandumhave been
prepared, reviewed and approved by Citystaff. The Development Services Director
has determined that only minor technical changes or additions to this document are
necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred;
therefore, the Development Service Director has caused the preparationof a Third
Addendum to FEIR 02-04.
7.Growth Management
The proposed project willresult in 300 new dwelling units in Freeway Commercial
North. ASupplemental PFFP has been prepared which analyzes any potential impacts
onpublic facilitiesand services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with theCity's
Quality of Life Threshold Standards.
In response to a previous change in the FC-2 District portion of the project, an analysis
was prepared entitled Otay Ranch PA12 –Trip Generation Review –Revised by Chen-
Ryan Associates, dated 2015. This report was the basis of the First Addendum to the
EIR. The First Addendumconcluded that “the FC-2 site would generate approximately
7,506 daily trips, which is lower than the entitled land use trip generation of
approximately 12,145 daily trips for the FC-2 site. Since the proposed modified land
uses would generate less traffic than the entitled land uses, there areno additional
traffic impacts associated with the proposed modifications.”
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When the land use changed from Commercial to Mixed-Use in the FC-2 portion of the
project, an analysis was prepared entitled “Otay Ranch PA 12 Trip Generation Review
–Revised” by Chen Ryan Associates, dated 2015. This report was the basis of the First
Addendum to the EIR. The First Addendumconcluded that the hotel and mixed-use
land uses would generate less daily and peak hour trips than the entitled Freeway
Commercial uses, there would be no significant traffic impacts associated with the land
use change and thus no additional traffic analysis would be required. The updated
Traffic Memorandum by Chen Ryan dated January 2019 concluded that with the
addition of 300 units, the project will still generate fewer trips than the original Freeway
Commercial uses would generate. According to the January 2019 memorandum (Chen
Ryan 2019), the FC-2 site would generate approximately 7,681 daily trips, which is
lower than the originally approved commercial land use trip generation of
approximately 12,145 daily trips for the FC-2 site. As analyzed in the traffic
memorandum, there is a reduction in PM peak hour trips (by 524 trips) and an increase
in AM peak hour trips (by 58 trips) but would not result in any new significant traffic
impacts during the Existing PlusProject or Horizon (Year 2030) conditions.
Theproject access isvia two driveways along Town Center Drive and one driveway
along Olympic Parkway, between Town Center Drive and Eastlake Parkway (right
in/rightout).The analysis indicates that both intersections of Town Center Drive /
Olympic Parkway and Town Center Drive / Town Center Loop would continue to
operate at acceptable LOS D or better with addition of the project traffic. All three
proposed project driveways would operate at acceptable LOS D or better under
Existing Plus Project conditions. The addition of project traffic would not result in any
traffic impact within the project study area. The analysis also indicates that the Year
2030 geometrics of the project are adequate to accommodate the projected Average
Daily Traffic (ADT).
The project site is within the boundaries of the Chula Vista Elementary SchoolDistrict
(CVESD)and within theSweetwater Union High School District (SUHSD).At
completion, the proposed project could generate approximately 463students. The
Applicantwill mitigate impacts on secondary and elementary school facilities through
participation in CVESD and SUHSD Community FacilityDistricts (CFDs).
8.Open Space and Conservation
The proposed project meets the minimum open space requirement in accordance with
the Freeway Commercial SPA Plan and Planned Community District Regulations. The
project generates ademand of 2.36 acres of park landfor the additional 300 units.
Pursuant to the Development Agreement between the Applicant and the City of Chula
Vista, this obligation will be met through the payment of a Park Benefit Fee as
described in the DevelopmentAgreement.
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The Otay Ranch Resource Management Plan (RMP) requires conveyance of 1.188
acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to
the recordation of any Final Map. In association with the original Final Map for this
Project, Map 16291, 40.761 acres were conveyed to the Otay Ranch Preserve Owner
Manager via recorded Open Space Easement Doc# 2018-0325995. Since the project
dedicated Multi-species Conservation Plan (MSCP) open space preserve lands prior to
recordation of the original Final Map, the project is consistent with the requirements of
the Otay Ranch RMP and MSCP Subarea Plan.
The proposed land form grading conforms to the City's Grading Ordinance and retains
regional and natural open space features. The development of the site is consistentwith
the goals and policies of the Conservation Element.
9.Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal meets those standards.
10.Noise
The project has been reviewed for compliance with the Noise Element and will comply
with applicable noise measures at the time of issuance of a Building Permit.
B.Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities and that the development of the
site will be subject to site plan and architectural review to insure the maximum utilization
of natural and passive heating and cooling opportunities.
C.Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City
Council hereby certifies that it has considered the effect of this approval on the housing
needs of the region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
D.Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the
proposed Project:
(a) is consistent with applicable general and specific plans as specified in Section 65451
because the General Plan designation Freeway Commercial (28-45 dwelling units per acre)
allows for a maximum of 608units/lots and the project proposes 3lots. The project is
within a SPA/Specific Plan area.
(b) design or improvement is consistent with applicable general and specific plans. The
Project’s design of 3 lots is consistent with the Freeway Commercial, (FC-2) zoning
classification which is consistent with the General Plan’s Freeway Commercial
designation.
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(c) site is suitable for the proposed density of development. The project’s 3 lots are below
the allowed density range of 27-45 dwelling units per acres with a maximumyield of 608
units/lots.
(d) site is physically suitable for the type of development. The project is surrounded by
multi-family and commercial development with available access and infrastructure to serve
the project.
(e) the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. The project has been designed to minimize landform disturbance with cut
and fill slopes balance,and on a disturbed site thatavoids permanent disturbance or injury
to wildlife or their habitat.
(f) the design of the subdivision or type of improvements is not likely to cause serious
public health problems because the project has been designed to have plenty of separation
between homes, able to be served by fire and emergency services, and located over 500
feet from a major highway.
(g) subdivision or the type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision.
In this connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to a legislative body to determine that the
public at large has acquired easements for access through or use of property within the
proposed subdivision. The project’s roadways and utilities are within and are not in
conflict with existing easements.
E.The site is physically suited for residential development because it is generally level and is
located adjacent to existing residential developments. The project conforms to all standards
established by the City for a residential development.
F.The conditions herein imposed on the grant of permit or other entitlement herein contained
is approximately proportional both in nature and extent to the impact created by the
proposed development.
III. TENTATIVEMAP CONDITIONS OF APPROVAL
Unless otherwise specified or required by law,the conditions and Chula VistaMunicipal
Code (“CVMC” or “Municipal Code”) requirements setforth below shall be completed
prior to the related Final Map as determined by the DevelopmentServices Director and the
City Engineer, or their designees. Unless otherwise specified, “dedicate” means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant
shall berequired to provide subordination of any prior lien and easement holders in order
to ensure thatthe City has a first priority interest and rights in such land unless otherwise
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excused by the City.Where fee title is granted or dedicated to the City, said fee title shall
be free and clear of allencumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occurbetween these conditions of approvaland
any other entitlement document, any conflictshall be resolved by the City Manager or
designee.
1.The Applicant, or his/her successors in interest, shall develop and maintain the project site
in accordance with the approved plans, which include site plans, floor plans, and elevation
planson file in the Planning Division, the conditions contained herein, and Title 19.
2.The project shall comply with approved General Plan Amendment GPA-12-03,General
Development Plan Amendment PCM-12-15, Sectional Planning Area (SPA) Plan PCM
12-16, and Tentative Subdivision Map, Tract05-02and all supporting documents
including but not limited to the Public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Affordable Housing Plan,Non-Renewable Energy Conservation
Plan, Air Quality Improvement Plan, Water Conservation Plan,Fire Protection Plan and
the City of Chula Vista Standard Tentative Map Conditions, as attached hereto, or on file
in the Development Services Department,and incorporated herein.
3.The Applicant shall pay in full any unpaid balance for the project, including Deposit
Account No. DDA0384.
4.The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the FinalEnvironmental
Impact Report (FEIR 02-04); Third Addendum to FEIR 02-04and associated Mitigation
Monitoring and Reporting Program (MMRP) for the project, within the timeframe
specified in the MMRP.
5.The Applicant shall submitCovenants, Conditions and Restrictions (CC&R’s)for review
and approval prior to approval of the Final Map. Said CC&R’s shallinclude the following:
a. Indemnification of City for private sewer spillage.
b. Listing of maintained private facilities.
c. The City’s right but not the obligation to enforce the CC&R’s
d. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligee have signed a written petition.
e. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
f. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
6.Said CC&R’s shall be consistent with CVMC Chapter 18.44, the Subdivision Ordinance,
and shall be recorded concurrently with the Final Map.
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7.The CC&R’s for each Homeowners Association (HOA)within the project shall contain a
provision that provides all new residents with an overflight disclosure document that
discloses the following information during any real estate transaction or prior to lease
signing, as required by the Brown Field ALUCP:
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason,the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
or lease and determine whether they are acceptable to you.
A copy of the abovedisclosure document shall be recorded with the San Diego County
Recorder’s Office and a conformed copy submitted to the City of Chula Vista as part of
project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase or
lease of a home.
8.The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential/commercial or multi-family residential uses. Ownership of individual
parking condominium units must be in compliance with the parking requirements of the
PC District Regulations of the Otay Ranch Freeway Commercial Sectional Planning Area
Plan (PC District Regulations). Residential or Commercial condominium units must at all
times be in compliance with the parking requirements of the PC District Regulations
through direct ownership of the parking condominium units required or legal rights to use
the required parking condominium units such as through a recorded shared parking
agreementapproved by the DevelopmentServices Director.
9.The Applicant shall construct public facilities in compliance with the Otay Ranch Freeway
Commercial SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the Applicant’s request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
10.Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in theform of a letter from the OtayWater District that the subdivision will be
provided adequate water service and long-term water storage facilities.
11.Prior to approval of anyFinal Map or Grading Plan for the project, the Engineer-of-Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map, and not conforming to adopted
City standards. The Engineer-of-work request shall outline the requested subdivision
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design deviations from adopted City standards and state that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
12.Prior to approval of any Construction Permit, the Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer.
Grading:
13.Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping
and maintenance access adjacent to the wall.
14.Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved landscape and irrigation plans to the
satisfaction of the Development Services Director.
15.Prior to issuance of any Grading Permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the Development Services Director and the City Engineer.
16.Prior to the issuance of any Construction or Grading Permit which impacts offsite property,
the Applicant shall deliver to the Development Services Directorand City Engineer, a
notarized letter of permission to construct or grade and drain for all off-site grading.
17.Prior to issuance of any Grading or Construction Permit based on plans proposing the
creation of down slopes adjacent to public or private streets, the Applicant shall obtain the
City Engineer’s approval of a study todetermine the necessity of providing guardrail
improvements at those locations. The Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated Construction Permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be installed
per CalTrans Traffic Manual and Roadside Design Guide requirements and American
Association of State Highway and Transportation Officials (AASHTO) standards to the
satisfaction of the City Engineer.
18.The Applicant shall ensure that all private lot drainage and slopes comply with the current
Building Code used by the City of Chula Vista
Sewer:
19. All gravity sewers shall be designed to convey peak wet weather flow. For pipes with a
diameter of 12 inches and smaller, the sewers will be designed to convey this flow when
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flowing half full. All new sewers shall be designed to maintain a minimum velocity of two
feet per second (fps) at design capacity to prevent the deposition of solids.
20. Prior to each Final Map the Applicantshall either demonstrate that Poggi Sewer has
adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director
of Development Services and the City Engineer.
21. Upon Tentative Mapapproval, or as required by the Development Services Director, the
Applicant shall fund updates of the Poggi Canyon Sewer Development Impact fee (DIF)
to include the project’s proposed additional units. Further, the Applicantshall agree not to
protest the update of the Poggi Canyon Sewer DIF.
Parks:
22.The Applicant shall pay a Park Benefit Fee (which is equal to the City’s PAD fee at the
time of payment) to the City for all additional 300 residential units constructed in FC-2 in
accordance with the “First Amendment to the Development Agreement between the City
of Chula Vista, Village II Town Center, LLC and Sunranch Capital Partners, LLC.”Park
Benefit Fees may be utilized by the City to acquire or develop parkland serving the City’s
eastern territories.
Traffic:
23.The Applicant shall comply with all the requirements of the “Otay Ranch Freeway
Commercial North Traffic Analysis”by ChenRyan,datedApril 2019.
24.Prior to the issuance of the first Building Permit for the East Mixed-Use, a signal at Town
Center Drive and Promenade St. shall be constructed as shown as #4 in Table C.2.
25.Prior to the issuance of the first Building Permit, the street improvementsalong Town
Center Drive,in accordance with Drawing No. 16039shall be completedto the satisfaction
of the City Engineer and Director of Development Services.
The following on-going conditions shall apply to the project site as long as it relies onthis
approval:
1.Approval of this request shall not waive compliance with anysections of the Chula Vista
Municipal Codenor any other applicable City Ordinances in effect at the time of building
permit issuance.
2.The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval of
this Tentative Map, (b) City’s actions on any environmental document concerning this
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Tentative Mapand (c) City’s approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated on the project
site. The Property Owner and Applicant shall acknowledge theiragreement to this
provision by executing a copy of this Resolutionwhere indicated below. The Property
Owner’s and Applicant’s compliance with this provision shall be binding on any and all of
the Property Owner’s and Applicant’s successors and assigns.
3.All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Applicantas to
any or all of the property.
4.The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape Manual,
Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; Otay Ranch Freeway CommercialSectional Planning Area
(SPA) Plan and supporting documents including: Public Facilities Finance Plan and
supplemental PFFP; Parks, Recreation, Open Space and Trails Plan; Affordable Housing
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
5.If any of the terms, covenants or conditions contained herein shall fail to occur or ifthey
are, by their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; institute and prosecute litigation to compel their compliance with
said conditions; and/or seek damages for their violation. The applicant shall be notified 10
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City.
6.The applicant shall comply with all applicable Freeway CommercialSPA conditions of
approval, (MPA19-0011)as may be amended from time to time.
IV. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Government Code Section 66020(a)
and failure to follow timely this procedure will bar any subsequent legal action to attack,
set aside, void or annual imposition. The right to protest the fees, dedications, reservations,
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or other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or otherexactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
V.EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and
agreed to the conditions contained herein, and will implement same. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the
sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned
to the City’s Development Services Department. Failure to return the signed and stamped
copy of this recorded document within 10 days of recordation shall indicate the Property
Owner/Applicant’s desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
__________________________________________ _____
Signature of Property OwnerDate
_______________________________________________
Signature of Applicant Date
VI.CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the project is in conformance with the City of Chula Vista
Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance.
VII.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the event
that any one or more terms, provisions, or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be deemed
to be automatically revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED,that the City Council of the City of Chula Vista does,
based on the findings, general and specific conditions included herein,hereby approve Tentative
Subdivision Map CVT-19-0001for Otay Ranch Planning Area 12 Freeway Commercial North in
conjunction with the PA-12 SPAPlan Amendment.
2019-06-18 Agenda PacketPage 1388 of 1481
Presented by:Approved as to form by:
_______________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCityAttorney
2019-06-18 Agenda PacketPage 1389 of 1481
RESOLUTION __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVINGADESIGN REVIEW PERMIT
DR17-0037TO CONSTRUCT A MIXED-USE PROJECT
CONSISTING OF A 578-UNIT APARTMENT COMPLEX,
15,000 SQUARE FEET OF RETAIL USE, TWO INTEGRATED
PARKING STRUCTURESON TWO LOTS CONSISTING OF
10.4 ACRESLOCATED IN THE OTAY RANCHFREEWAY
COMMERCIALNORTH, NEIGHBORHOOD PA-12
I.RECITALS
WHEREAS, on November 6, 2017, a duly verified application for a Design
Review Permit was filed with the City of Chula Vista Development Services Department
by Baldwin & Sons, LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a mixed-use project consisting of 578 residential apartments, 15,000
square feet of retail uses, two integrated parking structures on two lots consisting of 10.4
acres(Project); and
WHEREAS, the Design Review application implements the Freeway Commercial
North SPA Plan Design Guidelines and Master Precise Plan; and
WHEREAS, staff recommends that, based upon the findings made, the City
Council approve the Design Review application DR17-0037; and
WHEREAS, The Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the Project was adequately covered in previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional
Planning Area (SPA) Plan -Planning Area 12(FEIR 02-04) (SCH#1989010154). The
Development Services Director has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has caused the
preparationof a Third Addendum to FEIR 02-04; and
WHEREAS, the City Clerk set the time and place for the hearing on the Design
Reviewrequestand notices of said hearing, together with its purposes given by its
publication in a newspaper of general circulation in the City, and its mailings to property
ownerswithin 500 feet of the exterior boundaries of the project siteat least ten (10) days
prior to the hearing; and
WHEREAS, the duly called and notified public hearing on the Design Review
was heard before the City Council in the City CouncilChambers in City Hall, 276 Fourth
Avenue.
2019-06-18 Agenda PacketPage 1390 of 1481
Resolution No. ______
Page 2
II.DESIGN REVIEW FINDINGS/APPROVAL
NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of
ChulaVista that it hereby makes the following findings:
1.That the proposed project is consistent with thedevelopment regulations of the
Freeway Commercial NorthSectional Planning Area (SPA) Plan and Planned
Community (PC) District Regulations.
Neighborhood R/MUis designated Residential Multi-Family/Mixed-Use(R/MU) in
the PC District regulations of the Freeway Commercial NorthSPA Plan. The
proposed multi-family and retail mixed-use is permitted and meets all of the
development regulations as stipulated in the Otay Ranch Freeway Commercial North
PC District Regulations as conditioned.
The allowable density on the site is a total of 608units. The Applicant is proposing to
build a total of 578unitsin two separate buildings. Each building includes interior
parkingin addition to guest parking. The project requires 444parking spaces, and
provides 497 spaceswithin building A; and 572 required with 597 provided in
building B. The maximum allowable building height is 85feet and the project
proposes 58-feet for the majority with 84 feet at the highest point for the project
features (i.e. towers). The lot area, floor area ratio, and setback requirements are
subject to Design Review (DR).
The site was intended for a mixed-use within a larger commercialserving a regional
market as well as providing residential homes in close proximity. The commercial
retail use, as proposed, will serve a local market demand, in addition to the demand of
visitors to the Chula Vista area.
2. That the proposed project is consistent with the design and development
standards of the Freeway Commercial NorthSPA Design Planand Master
Precise Plan.
The Project is in compliance with the Multi-Family/Mixed UseFreeway Commercial
North SPA Design Plan, and is consistent with the SPA density requirements.
Enhanced architectural details are proposed along the street elevations and the layout
of the site. Outdoor recreational areas for the residentsand a plaza area areprovided
in front of the retail shopswhich provides for a pedestrian oriented design in
accordance with the Otay Ranch Freeway Commercial North SPA Plan.A total of
1,016 parking spaces are required. The project proposes 1,065 spaces. The total
building height is five stories, 58-feet. The lot coverage and setback requirement are
subject to Design Review (DR).
2019-06-18 Agenda PacketPage 1391 of 1481
Resolution No. ______
Page 3
III.CONDITIONS OF APPROVAL
The following shall be accomplished to the satisfaction of the Development Services
Director, or designee, prior to issuance of Building Permits, unless otherwise specified:
Development Planning Division
1.The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and Title 19.
2.Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DDA-0092.
3.The colors and materials specified on the building plans must be consistent with the
colors and materials shown on the site plan and materials board approved by the City
Council.
4.A graffiti resistant treatment shall be specified for all first floor wall and building
surfaces. This shall be noted for any building and wall plans and shall be reviewed and
approved prior to the issuance of Building Permits. Additionally, the Project shall
conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) regarding
graffiti control.
5.All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets. Such screening shall be architecturally integrated with the
building design.
6.All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping.
7.All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans.
8.The Applicant shall provide a bus stop along Olympic Parkway in accordance with the
Metropolitan Transit System requirement.
Land Development Division/Landscape Architecture Division
The following shall be accomplished to the satisfaction of the City Engineer or designee,
2019-06-18 Agenda PacketPage 1392 of 1481
Resolution No. ______
Page 4
prior to issuance of Grading or Building Permits, unless otherwise specified:
9.The Applicant shall be required to pay Engineering Fees based on the final approved
building plans for the project.
Sewer Connection and Capacity Fee
Traffic Signal Fee
Public Facilities Development Impact Fees(PFDIF)
10.The Applicant shall satisfy all of its park obligations in accordance with the First
Amendment to Development Agreement for the Project, or as amended from time to
time.
11.All driveways shall conform to the City of Chula Vista’s sight distance requirements in
accordance with Section 12.12.130 of the CVMC.Also, landscaping, street furniture, or
signs shall not obstruct the visibility of a driver at the street intersections or driveways.
12.The Applicant shall provide a circulation analysis demonstrating:
a. Solid Waste Truck Movements.
b. How cars can turn around when pulling out from the garage.
c. Location of visitor parking.
13.The driveway within the complex shall be designated as private.
14.On May 2013, the California Regional Water Quality Control Board for the San Diego
Region reissued (SDRWQCB) a municipal storm water, National Pollutant Discharge
Elimination System (NPDES) permit (Municipal Separate Storm Sewer Systems Order No.
R9-2013-0001 and as amended by Order Nos R9-2015-0001 & R9-2015-0100 \[MS4 Permit\])
that covered its region.
15.The Project shall comply with all requirements of the MS4 Permit and City of Chula Vista
Best Management Practices (BMP)Design Manual, April 2019and as amended (BMP
Design Manual) for both construction and post-construction phases of the Project. Prior to
Planning approval, documentation shall be provided, to the satisfaction of the City Engineer,
to demonstrate such compliance. The BMP Design Manual is available on the City of Chula
Vista website at: http://www.chulavistaca.gov/departments/public-works/services/storm-
water-pollution-prevention/documents-and-reports.
16.The Applicant is required to complete and submit the Storm Water Requirements
Applicability Checklist for All Permit Applications with any Planning Application request.
17.The following referenced forms shall be completed, signed by the owner, submitted to and
approved by Land Development Division. A Form can be found at the following link:
http://www.chulavistaca.gov/home/showdocument?id=12085
2019-06-18 Agenda PacketPage 1393 of 1481
Resolution No. ______
Page 5
-“Storm Water Quality Management Plan, SWQMP for Standard Projects”
-“Construction Storm Water Pollution Control Plan CSWPCP, for standard Project”
18.Prior to the approval of the grading plans, the Applicant shall execute a Storm Water
Facilities Maintenance Agreement with Grant of Access and Covenants with the City for the
proposed BMPs for the site.
19.Prior to obtaining any Building Permit for the Project, or approval of the Final Map
(whichever occurs first), if the Project’s total on-site improvements exceed Engineering
Threshold of (currently: $57,653.00), per CVMC, Section 12.24.020, then the Applicant shall
be required to obtain a Construction Permit from the Land Development Section of the
Department of Development Services. (The On-Site Improvements Trigger for Installation of
Public Improvements is adjusted on an annual basis on July 1 based on the Engineer
Construction Cost Index, See Attachment). A Construction Permit is required to perform the
following work in the City’s right-of-way, which may include, but is not limited to: (For
Commercial, Industrial and Multifamily Residential, the following applies: 1. Limits the cost
of reconstructing existing street improvements to meet current standards to 25%of the
building permit valuation. 2. Requires Americans with Disabilities Act (ADA) pedestrian
improvements in the right of way, if any are lacking or substandard. The required ADA
improvements would be limited to 20% of the building permit valuation.)
a.Installation of a driveway(s) meeting design standards as shown in Chula Vista
standard detail CVCS-1B. Dedication of R/W as needed in order for driveway to
comply with American Disability Act (ADA) requirements.
b.Utilities Trenching and Restoration shall be installed in accordance with CVCS-3 & 4
20.Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
21.The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
22.The Applicant shall clearly show the existing and proposed sanitary sewer lines and how the
site will connect to the City’s public sewage system. No sewer lines will be allowed to be
located under existing or proposed buildings. The Applicant shall indicate whether sewer
lines are private or public.
23.Sewer lateral and storm drain connections to existingpublic utilities-The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that are to
be used by the new development. Laterals and connections may need replacement as a result
of this inspection.
24.The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains
shall be privately maintained from each building unit to the City-maintained public facilities.
2019-06-18 Agenda PacketPage 1394 of 1481
Resolution No. ______
Page 6
25.All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed
to meet the City of Chula Vista Design Standards, American Disability Act (ADA)
Standards, and Title 24 standards, as applicable.
26.Any private facilities (if applicable) within Public right-of-way or City easement will require
an Encroachment Permit prior to improvement plan or Building Permit approval.
27.All utilities serving the subject property and existing utilities located within or adjacent to the
subject property shall be under grounded in accordance with the applicable Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be under
grounded prior to the issuance of Building Permits.
28.The Applicant shall submit full landscape and irrigation plans for review and approval by
the City’s Landscape Architect.
The following shall be accomplished to the satisfaction of the City Fire Marshall or
designee, prior to issuance of Grading or Building Permits, unless otherwise specified:
Fire Department
29.The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential
Code as adopted and amended by the State of California and the City of Chula Vista.
30.For 313,019 square feet of Type VA/IA construction, this project will require a fire flow
of 5,880 gallons per minute for a 4-hour duration at 20 p.s.i.
31.Based upon the required fire flow for Type VA/IA construction type, a minimum of8 fire
hydrants are required to serve this Project.
32.Where a portion of the building is more than400feet from a fire hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
building, on site fire hydrants and mains shall be provided.
33.Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C.
34.A fire service study shall be performed that includes a hydraulic waterflow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The
Hazen Williams formula shall be used in the determination of these flows and pressures.
The analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
2019-06-18 Agenda PacketPage 1395 of 1481
Resolution No. ______
Page 7
35.Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
36.Buildings shall be provided with Knox appliances. Provide in accordance with Multi-
tenantstandard detail (one required at each business suite).
Provide a Knox Vault at the main entrance to the building
Provide a Knox Box at the Fire control Room
37.The building(s) shall be addressed in accordance with the following criteria:
0 –50ft from the building to the face of the curb = 6-inches in height with a 1-inch
stroke
51 –150ft from the building to the face of the curb = 10-inches in height with a 1
½ -inch stroke
151ft from the building to the face of the curb = 16-inches in height with a 2-inch
stroke
38.This Project is to be protected throughout by an approved automatic fire sprinkler system.
39.This Project is to be protected throughout by an approved fire alarm system
IV.The following on-going conditions shall apply to the project site as long as it relies on
thisapproval:
1.Approval of this request shall not waive compliance with any sections of the CVMC,
and any other applicable City Ordinances in effect at the time of building permit
issuance.
2.The Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its City Council members, Planning Commission members,
officers, employees and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and attorney’s fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
City’s actions on any environmental document concerning this Project, (b) approval
of this Design Reviewand (c) City’s approval or issuance of any other permit or
action, whether discretionary or non-discretionary, in connection with the use
contemplated on the project site. The Property Owner and Applicant shall
acknowledge their agreement to this provision by executing a copy of this Resolution
where indicated below. The Property Owner’s and Applicant’s compliance with this
provision shall be binding on any and all of the Property Owner’s and Applicant’s
successors and assigns.
2019-06-18 Agenda PacketPage 1396 of 1481
Resolution No. ______
Page 8
3.All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the
Applicantas to any or all of the property.
4.The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance; Chula Vista
Landscape Manual;Chula Vista Landscape Water Conservation Ordinance; Chula
VistaDesign Plan and the Non-Renewable Energy Conservation Plan as amended
from time to time, unless specifically modified by the appropriate department head,
with the approval of the City Manager. These plans may be subject to minor
modifications by the appropriate department head, with the approval of the City
Manager, however, any material modifications shall be subject to approval by the
Planning Commission.
5.If any of the terms, covenants or conditions contained herein shall fail to occur or if
they are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revokeor modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that
are derived from the approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions; and/or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above
actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN
that the 90 day period to protest the imposition of any impact fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date
of this resolution and any such protest must be in a manner that complies with
Government Code Section 66020(a) and failure to follow timely this procedure will
bar any subsequent legal action to attack, set aside, void or annual imposition. The
right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees
in connection with the project; and it does not apply to any fees, dedication,
reservations, or otherexactions which have been given notice similar to this, nor does
it revive challenges to any fees for which the Statute of Limitations has previously
expired.
VI. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
2019-06-18 Agenda PacketPage 1397 of 1481
Resolution No. ______
Page 9
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same.
Upon execution, this document shall be signed and returned to the City’s
Development Services Department.
_______________________________________________________
Signature of Property OwnerDate
Freeway Commercial North, MUR
______________________________
Printed Name of Property Owner
_______________________________________________________
Signature of ApplicantDate
________________________________
Printed Name of Applicant
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation.
Failure to satisfy the conditions of this permit may also result in the imposition of civil
or criminal penalties.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Councilthat its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or
unenforceable, this resolution and the permit shall be deemed to be automatically
revoked and of no further force and effect.
2019-06-18 Agenda PacketPage 1398 of 1481
Resolution No. ______
Page 10
BE IT FURTHER RESOLVED that the City Council, based on the above
findings and the evidence presented, hereby approvesthe subject Design Review Permit,
DR17-0037.
Presented by:Approved as to form by:
_____________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development ServicesDirectorCity Attorney
2019-06-18 Agenda PacketPage 1399 of 1481
PROJECTDESCRIPTION:
PROJECT
LOCATOR
Baldwin&Sons
APPLICANT:
FreewayCommercial
PROJECT
ADDRESS:
OlympicPkwy&TownCenterDr.
SCALE:
FILENUMBER:
MPA17-0012
NoScale
NORTH
2019-06-18 Agenda PacketPage 1400 of 1481
L:\\GabeFiles\\ArcmapLocatorTemplate\\Locators\\MPA170012.ai.12.5.17
June 18, 2019File ID: 19-0303
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST BY THE
CITY’S FRANCHISED WASTE COLLECTION SERVICES PROVIDER, REPUBLIC SERVICES, TO INCREASE
SERVICE FEES FOR SOLID WASTE AND RECYCLING SERVICES, BASED ON EXCEPTIONAL CIRCUMSTANCES
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City has receiveda request for a special rate adjustment from the City’s franchise solid waste hauler,
Republic Services. Recycling materials markets have experienced a significant shift in the past few years
due to changes in Chinese government policy that restricts imported recyclables. Due to these market
conditions, Republic Services requests a rate adjustment on residential, commercial and industrial
recycling service accounts in accordance with Section 7.7 of the City of Chula Vista Franchise Agreement
(approved by Resolution no. 2014-129) that allows Republic Services to request rate increases based on
extraordinary circumstancesthat are beyond Republic’s reasonable control, such as the current recyclable
market downturn. Republic Services is requesting a rate adjustment increase of 6.1% perratepayer
accountbased on the City of Chula Vista’s recyclable material current commodity pricing and increased
processingcosts. The proposed increase is subject to City Council approval, and a public hearing pursuant
to Proposition 218.
ENVIRONMENTAL REVIEW
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
v.001 Page|1
2019-06-18 Agenda PacketPage 1401 of 1481
DISCUSSION
Background
The current amended and restated solid waste collection, recycling and disposal franchise agreement
(contract) between the City of Chula Vista (City) and Allied Waste Systems, Inc., doing business as Republic
Services of Chula Vista, and also doing business as Allied Waste Services of Chula Vista(Republic) was
approved by the Chula Vista City Council in September 2014. This contract grants Republic the exclusive
rights to collect and dispose of solid waste and recyclable material from residential and commercial sites
within the City’s jurisdictional boundaries. The contract allows Republic to benefit from the sale of the
collected recyclable material from Chula Vista but is required to share revenues if material shows an
average net of $60 per ton.
The contract permits Republic to charge fees for its service, subject to maximum rates established in the
contract. It also requires Republic to pay the City a 20% franchise feeand an additional 5% AB939 fee that
is used for recycling and waste reduction programs and education, both of which Republic may pass-
through to customers. Operationally, Republic provides Chula Vista single family residents additional
collection services aspart of their service and atno additional cost.
These services include:
weekly large and bulky collection for up to 10 items,
four (4) landfill passes per year,
missed collection service,
special-rate service for seniors, and
cart or bin replacements.
Additionally, the contract requires Republic to provide the following services at no costs:
trash and recyclable materials collection for all City facilities,
disposal for all public works-type projects,
collection service for designated public place containers, and
trash and recycling collection services for two large-venuepublic events of the City’s choosing.
Republic is also required to maintain equipment in optimal and assigned conditions, respond to requests
and complaints in an assigned timely period and assure that the City always complies with all disposal and
wastediversion directives required by law. The term of the current contract is ten years, whichterminates
on June 30, 2024, and then providesthe right to Republic to extend the contract an additional seven (7)
years on the same terms and conditions.
Recycling Impact on Republic Services Operations
Since the 1990s,China has been the world’s leading importerof recycled materials such asplastic,
cardboard and paper from the United States. Resource Recycling, a leading trade publication, reports that
from 1990 to 2015,exports of recyclable material to China increased six-fold, an increase of 16 million
metric tons. The same reports indicate that before 2017, the United States was sending 4,000 shipping
containers per day of recyclables to China, which included two-thirds of California’s recyclable materials. In
recent years, China has pushed back on these imports and implemented policies known as the Green Fence
Page|2
2019-06-18 Agenda PacketPage 1402 of 1481
and Operation National Sword which severely restrict the amount of recyclable material their country will
accept. Most recently, Operation National Sword became effective in 2017 and under its implementation
banned 24 types of scrap material, added much stricter and more rigorous contamination standards.
The Chinese policies now require all inboundloads of recyclables to contain no more than 0.5 percent
contamination (trash) and imports of all recyclable paper (e.g. mixed paper, magazines, office paper, etc.)
are banned. Following the implementation of China’s new recycling policies, foreign exports of mixed paper
fell from 400,000 tons in the first quarter of 2017 to 136,000 tons in the first quarter of 2018. Correlatively,
the price of mixed paper fell from ninety-five dollars ($95) per ton to ten dollars ($10) per ton. Imports of
plastics, a onceprofitable and stable commodity, have also been greatly affected. China went from receiving
33.4%of recycled plastic exported from the United Statesin 2017 to just 4.5%in 2018, a decrease of over
86%.
Programs throughout California have felt the impacts of declining recycling markets as they saw revenues
drop. The recycling industry publicized these issues through many avenues and so did the California
Department of Resources Recycling and Recovery(CalRecycle) who sent a letter statewide to all recycling
coordinators (Attachment 2) to validate the recycling markets’ decline. Many news outlets where also quick
to publicize the declines and their impacts on local programs. In May 2019, the Los Angeles Timespublished
an article originally published by the Orange County Registerwhich further explains the issue at hand.
(Attachment 3).
The loss of markets for recyclable material has added huge costs to local programs. For many jurisdictions
and waste haulers, recycling has turned from profitable to cost-prohibitive. Effects are particularly felt in
recycling programsin the western United States due to the reliance on Pacific exports.
Republic has not been immune to this downturn and the company began to see declines in revenue from
recyclable materials in 2017. Notifications of price decreases were promptly sent by EDCO Recycling and
Waste (EDCO) who owns and operates the recyclable materials processing facility that separate and sell
recyclables collected in Chula Vista. Republic began to experience a rise in processing costs because
material is now required to meet higher standards and contain less contamination. Higher processing costs
to sort materials more thoroughly also included higher disposal costs for the additional trash being pulled
from recycling loads. The value of material has also declined since less is being purchased by exporters due
to the higher thresholds set by the Chinese government and the lack of options in other export markets.
Republic Services Proposed Increase: 7.6% on all ratepayers
In June 2018, Republic began meeting with City staff to report on the impacts the recycling market was
having on their company. In October 2018, Republic’s Senior Corporate Counsel, formally notified the City
of Republic’s intention to request a rate increase to offset its losses (Attachment 4).Republic reported that
in 2018 their per month processing costs for materials collected in Chula Vista averaged $141,007;
however, the sale of these materials only produced $64,516 dollars per month. The annual loss on the value
of recyclables collected in Chula Vista in 2018 was $917,892. Republic subsequently provided supporting
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2019-06-18 Agenda PacketPage 1403 of 1481
information that demonstrated a reduction per ton of their recyclable material sales from a net revenue in
March 2017 to a net cost per ton in March 2019 with a cumulative impact to their operations of
approximately $1.9 million.
Republicproposed that a way torecuperate their loss of revenue would be to impose a rate increase of
6.1% on all Chula Vista ratepayers. This rate increase would be subject to the 20% franchise fee and 5%
AB939 fee that Republic is required to pay to the City under the contract. Republicproposedthat these fees
be passed-through to rate payers, making the total proposedrate increase 7.6%on allratepayers.
The table below illustrates how the proposed 7.6% rate increasewould be applied toallsingle-family
ratepayers which comprise96% of Republic’stotal customer base in Chula Vista (55,044total ratepayers):
Residential container CurrentProposed new Proposed increaseYearly increase
sizeraterateamount
32-gal cart$16.49$17.74$1.25$15.00
64-gal cart$21.35$22.97$1.62$19.44
96-gal cart$25.14$27.05$1.91$22.92
The table below illustratesan example ofhow the proposed increase would be applied to commercial
ratepayers:
Commercial container Current rateProposed new rateProposedYearly increase
sizeincreaseamount
3 cubic-yard trash bin$119.71$128.81$9.10$109.20
serviced once/week
3 cubic-yardtrash bin$253.80$273.08$19.28$231.36
serviced twice/week
3 cubic-yard trash bin $360.69$388.10$27.41$328.92
serviced three times/week
City staff and Republic staff met regularly to discussthe data and request. As part of staff’s review,
notification was provided to Republic that the City would need time to reviewthe issue to thoroughly
understand the impact and proposed rate increase. Staff wanted toavoid inadvertently adding long-term
and on-going costs to thecommunity on an issue that may behave beentemporaryin nature.
Unfortunately, the impact is not temporary. Many of the perceived new markets did not have adequate
infrastructure to accept the volumes or capabilities to process the actual recyclable materials.
Overwhelmed by this, countries in Asia began to enact their own policies to ban recyclables from entering
their shores. For instance, Mexicohas been slow to develop the processing and is years away from being
able to collect a considerable percentage of the recyclables stream that China once did.
Finance and Office of Sustainability staff analyzedand verifiedthe data that Republic provided. Republic
also provided verified official notifications from their recyclable materials processor,EDCO and confirmed
that increases in processing costs were accurate. The analysis onthe lost revenue included acomparison to
other local and state programs with verification by EDCOthat concluded the loss in revenue by Republic is
correct and is impacting operations.
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Staff recommends approvalof the proposed special rate increaseto ensure that Republic continuesto
provideeffective recycling programs to Chula Vistaresidents andbusinesses as well as to continue
compliance with waste reductionrequirements set by State of California legislation. Staff also recommends
that the approval be conditioned on continued monitoring of market conditions, quarterly review of the
rates in light of then-current market conditions, and the City’s right to adjust the proposed rate increase
downward, as appropriate, when market conditions warrant such decrease.Should Council approve, a
Proposition 218 hearing process will be conductedbefore the proposed rate increase goes into effect. That
process will include sending notice of the proposed increase to all property owners and Republic’s
customers of record in Chula Vistaand conducting a public “majority protest” hearing at least 45 days later,
pursuant to the requirements of Proposition 218. If less than a majority of affected property owners
protest the increase, it will go into effect.
Consumer Price Index Increase
It is important to mention that Republic is entitled to annual rate increases for both types of ratepayers
(commercial and residential) without Council approval based on terms and conditions of section 7.4 of the
contract. These increases are based on the factors described below.
Commercial ratepayers
For commercial ratepayers the increase is based on the regional Consumer Price Index (CPI). This year the
CPI-based increase is expected to be 3.4% per the State Department of Labor Statistics. For Republic to
enact the yearly increase they must confer with staff to verify that the data provided by the State is true and
accurate. Staff then approves the increase via formal written communication. Combined with the proposed
7.6% and the annual 3.4% CPI increase, commercial ratepayers could see a 11% increase from one year to
the next.
CommercialCurrentPer contractProposedPotential new Total yearly
trash bin monthlyyearly7.6% increaserate at 11% increase amount
sizerateincrease of post Prop 218 total increase
3.4%as of July hearing
1, 2019 process
3 cubic-yard $119.71$4.07$9.10$132.88$158.04
trash bin
serviced
once per
week
3 cubic-yard $253.80$8.63$19.28$281.71$334.92
trash bin
serviced
twiceper
week
3 cubic-yard $360.69$12.26$27.41$400.36$476.04
trash bin
serviced
three times
per week
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Residential ratepayers
For residential ratepayers, the annual increase is also based on the CPI. However, it is capped at 90% of the
County of San Diego average for the same level of service per section 7.4.1(b) of the contract., Staff will not
know the amount of this increase until the official survey is completed in July but based on comparison of
current regional rates the residential increase could be as high as 3.1%. The numbers below show the
impact of the 7.6% proposed increase combined with the yearly contractually-obligated increase,
estimated at 3.1%. Combined, residential ratepayers could see a 10.2% increase from one year to the next
as shown below:
ResidentialCurrentContractually-Proposed 7.6% PotentialTotal
cart sizemonthlyobligated yearly increasepost new rate yearly
rateincrease at 3.1%as of prop 218 hearing at 10.7% increase
September 1st, 2019processtotalamount
increase
32-gal cart$16.49$.51$1.25$18.25$21.12
64-gal cart$21.35$.66$1.62$23.63$27.36
96-gal cart$25.14$.77$1.91$27.82$32.16
Proper recycling and the reduction of contaminants in recycling streams will continue to be paramount to
City efforts to reduce the negative impacts on recycling markets. In addition to reducing costs and
conserving resources, waste reduction and proper recycling will reduce reliance on foreign markets.
Working to help develop local recycled-content manufacturing will be also key to reduce these impacts.
Efforts to promote this industry at the local and state level are improving as new incentives are being
introduced to encourage processors and manufacturers.Staff will also continue efforts to educate Chula
Vista residents and businesses to reduce the generation of waste as key component of zero waste planning
effortsby employing marketing strategies such as social media campaigns, community presentations,
direct mailings and other face-to-face engagement.
Staff will continue to monitor recycling markets and work with Republic to reduce the 7.6% increase ifthe
regional recycling industry improves. Collection and recyclables sales data from Chula Vista totals will be
verified at the start and end of the fiscal year to develop recommendations at the staff level if the surcharge
needs to be reduced.
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 Chula Vista City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter
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CURRENT-YEAR FISCAL IMPACT
None
ONGOING FISCAL IMPACT
There is a projected positive fiscal impact to the General Fund of approximately $450,000 per year. If this
item is approved, the Finance Department will update the long-term financial forecast accordingly.
ATTACHMENTS
Attachment 1: CalRecycle Letter re: 2018 recycling exports
Attachment 2: May 2019 Los Angeles Times article on recycling market issues
Attachment 3: Letter from Holly Doyle re: Republic’s rate increase request
Staff Contact: Manuel Medrano, Environmental Services Manager
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A REQUEST BY THE CITY’S FRANCHISED
WASTE COLLECTION SERVICES PROVIDER, REPUBLIC
SERVICES, TO INCREASE SERVICE FEES FOR SOLID WASTE
AND RECYCLING SERVICES, BASED ON EXCEPTIONAL
CIRCUMSTANCES
WHEREAS, in 2014 the City and Republic Services entered into an amended and
restatedsolid waste and recycling franchise agreementto provide collection services to all
residential and commercial properties in Chula Vista(the“Agreement”);and
WHEREAS, the Agreementpermits Republic to charge fees for its service, subject to
maximum rates established in the contract,requires Republic to pay the City a 20%
franchise fee and an additional 5% AB939 fee that is used for recycling and waste reduction
programs and education, both of which Republic may pass-through to customers, and
provides that Republic may request City approval of a fee increase due to extraordinary
circumstances beyond Republic’s control; and
WHEREAS,recent Chinese government policies to reduce the amount of recyclable
material the country purchases have created a slowdown in global recycling markets which
in turn has increased processing costs and decreased recyclable material prices; and
WHEREAS, China introduced a new policy referred to as the National Sword law
which significantly restricts and limits recyclable material imports into their nation; and
WHEREAS, the effects of the National Sword law were particularly felt in recycling
markets in the western United States due to the reliance on Pacific export markets;and
WHEREAS, Republic Servicesis the City’s franchise solid waste hauler and said
companyprovided supporting information that demonstrated a net revenue of $58.56 per
tonof recyclable materialin June 2014 to a net cost of $16.68 per ton in February 2019;
and
WHEREAS, as a result of the above circumstances, Republic Services has requested
City approve a rate increase of 6.1%, pursuant to the “extraordinarycircumstances”
provision of the Agreement; and
WHEREAS, the proposed rate increase would be subject to the 20% franchise fee
and 5% AB939 fee that Republic is required to pay to the City and Republic has proposed
that these fees be passed-through to rate payers, making the total proposed rate increase
7.6% on all ratepayers;and
WHEREAS, theproposedrate adjustment in the amount of 7.6% per service account
wouldcover additional costs of processing recyclable materials as well as loss of material
value from sale of recyclable material;and
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WHEREAS, therate adjustment will allow Republic Services to continue providing
strong recycling programs in Chula Vista and help the City complywith State of California
recyclingrequirements; and
WHEREAS, Under Section 7.4 of RepublicServices’ current contract, the entity is
entitled to annual rate increases for commercial and residential ratepayers in accordance
with regional Consumer Price Index standards; and
WHEREAS, City staff will continue to monitor recycling markets to determine if
changes in the recycling industrywarranting a rate reduction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it:
1.ApprovesRepublic’s request for a rate increase to a maximum of 7.6% to be
imposed on Republic’s Chula Vista ratepayers, conditioned on the City retaining
the ability to reduce the rate whenit determines that market conditions warrant
a reduction; and
2.Directs staff to continue to monitor recycling industry market conditions,
conduct a quarterly review of the rates in light of the then-current market
conditions, and return to City Council when market conditions warrant a
reduction in the rates; and
3.Directs City staff to proceed with conductingtheproceedings necessary prior to
the implementation of the proposed rate increases.
Presented byApproved as to form by
Eric CrockettGlen R. Googins
Economic Development DirectorCity Attorney
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The Department of Resources Recycling and Recovery (CalRecycle)
Email to Recycling Coordinators
January 16, 2018
To: Recycling Coordinators
Last year, China announced a new policycalled National Sword that bansthe import of 24 recyclable
commodities in 2018, increasesenforcement, and limitscontamination levels for imported bales of plastic
and mixed paper.Since California exportsan estimated 60to 80percentof recyclables generatedin
California, this hassignificant implications for California's waste management system.
This letter provides information on the China's import restrictions and impacts to California's local
governments.In addition, the letter outlines examples of CalRecycle’s efforts to develop California’s
recycling markets as well as responses to the ban from cities and counties throughout the state.
China's Import Restrictions
The export of baled recyclable materials has been a key component of California's recycling
infrastructure.Currently, CalRecycle estimates that California exports a third of all recyclable material
generated inthe stateannuallyto foreign markets; of that, 62percentgoes to China.This movement of
materials has been critical in assistingthe state and local jurisdictions inreachingtheir recycling and
diversion goals.However, recent changes to China's policies on imported recyclable materials, whichset
strictnew limits andcontamination standards,are impacting cities and counties inCalifornia.
In 2013, China implemented Operation Green Fence, which aimed to reduce pollution by limiting the
import of contaminated recyclable commodities and increasing inspections of recyclable commodity
imports.While this initiative resulted in slightly cleaner, less contaminated imported material, it did not
meet China’s goals for restricting waste imports.In California, the Green Fence policy resulted in
backups at shipping ports and a reduction of exports to China.
In July 2017, China announced a revision to the Green Fence initiative and called the new policy National
Sword. China notified the World Trade Organization (WTO) of the 24 recyclable commodities banned
from entering the country starting January 2018 (see Table 1 at end). The notice also increased
enforcement and limited contamination rates to 0.3 percent for plastic and mixed paper. In November
2017, China revised standards to a 0.5 percent contamination rate and changed the effective date to
March 1, 2018. The National Sword policy also included restrictions in waste import licenses and more
stringent inspections of importedmaterials. China developed this policy to protect human health, protect
the environment, and improve domestic solid waste reuse and recovery.
Categories under the restrictions include cardboard, newspaper, mixed paper, and low-grade plastics.In
2016, California exported approximately 9 million tons of paper and 500 thousand tons of plastic to China.
The restricted materials are listedat the end of this memo.
Impacts on Jurisdictions
Thepending National Sword policyhas adversely affected numerous cities and counties in the United
States. Given our dependence on China as a primary consumer of our recyclable materials, their import
policies are of critical importance. Recycling facilities throughout the United States are doing what they
can to reduce contamination by slowing down their processing lines, hiring more employees to sort
materials, and investing in new equipment and machinery to ensure higher quality materials. Recycling
and solid waste facilities are experiencing challenges with moving materials to markets, thus resulting in
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1001 I Street | P.O. Box 4025 | Sacramento, California 95812|www.CalRecycle.ca.gov| 1-800-Recycle
The Department of Resources Recycling and Recovery (CalRecycle)
the storage of processed materials on site. In some cases, facilities are landfilling recyclable materials
instead of processing them for recycling.
What can be done?
Waste Prevention
Efforts to eliminate the generation of waste before it enters the waste stream are a key component of a
waste management approach.In addition to reducing costs and conserving resources, waste prevention
has the potential to reduce reliance on foreign markets, as there is no need to export whatCaliforniahas
notgenerated.Waste prevention activitiescan range from reusing transport packaging (such as
cardboard boxes and plastic film) to avoiding single-use carryout containers.
Examples of what some cities and counties are doing to foster waste prevention include:
Banning single-use plastic bags.
Banning polystyrene and other non-recyclable plastic food packaging.
Installing water systems to encourage reusable beverage containers.
Promoting reuse or repurposing of materials through incentives or other programs.
Procuring products that use less packaging.
Collection and Contamination
China's ongoing efforts to limit the amount of contamination in material imports–dating back to the 2013
"Green Fence"—highlight the need for recyclers to produce high-quality material.This means making a
concerted effort to reduce contamination in the recycling stream.It is critical to educate businesses and
residents regarding the need to generate high-quality recyclable material. Cities and counties are
addressingcontaminationin the following ways:
Providing new educational material in 2018. Toreducecontamination, new flyers will be more
specific as to what materials residents and businesses can placein recycling containers, instead
of telling them, "When in doubt,recycle."
Revisiting what materials are recyclable and acceptable through collection programs,resulting in
modifying and updating educational materials to reflect clearly what is acceptable as recyclable
materials accordingly.
Educating collection drivers to recognize contamination and investing in on-board cameras to
assist with identification.
Implementing or increasing "tagging" or notification for customers regarding unwanted materials
in recycling receptacles.
Establishing a penalty process on generators for contamination toencourage proper material
management.
Establishing single-commodity collection programs when and where appropriate; e.g., white
paper for office buildings, separate food waste collection to reduce paper contamination, and
color-sorted glass at a restaurant.
Applying a variable container rate system that matches recycling containersto amounts
generatedso residents and businesses do not place excess garbage in a recycling cart.
Processing
Implementing new practices or modifying existing procedures to improve the processing of materials after
they are collected will also create higher quality recyclable materials.Examples of what some cities and
counties are doing to produce cleaner bales of recyclables include:
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1001 I Street | P.O. Box 4025 | Sacramento, California 95812|www.CalRecycle.ca.gov| 1-800-Recycle
The Department of Resources Recycling and Recovery (CalRecycle)
Increasing the processing of recyclables to remove contaminants.This can be in the form of
slowing down the sorting lines at the material recovery facility, hiring more sorters, running
recyclables across the sorting lines more than one time, and so on.
Breaking apart and examining finished bales to determine which materials were inappropriately
included in the bales to promptcalibration of sorting equipment and education for line sorters.
Reducing what material types are recycledthrough collection programs.
Working with local enforcement officials to allow safe stockpiling of materials until facility
operators can find new markets, which can reduce landfilling of recyclable materials.
Sorting higher value materials multiple times.
State Assistance
A more robust recycling processing infrastructureinCalifornia could help reduce transportation costs and
uncertainty related to availability in foreign markets.Although the state has limited resources and
authority to address theadverse impacts of the National Sword policy, the state offers programs to
support recycling manufacturing.CalRecycle provides funding through its greenhouse gas (GHG)grant
and loan programs and Recycling Market Development Zone loan program.The intent of these funding
programs is to help California recycling manufacturers increase their processing capabilities and create
additional markets for recycled-content products.
These funding programs have supported the expansion of California recycling manufacturing.Funded
projectsinclude mattress repair and refurbishing, edible food recovery projects combined with anaerobic
digestion and/or composting, recycling plastic into new products, and so on. See
for more
CalRecycle'sGreenhouse Gas Reduction Grant and Loan Programswebpage
information.However, to date this funding has been relatively small and unpredictable.CalRecycle
estimates that California needs at least $2-3 billion in infrastructure development. While most of this will
have to come from the private sector, many are looking to the state to make substantial investments to
stimulate further private sector investment.
CalRecycle also works closely with the Governor's Office of Business and Economic Development(GO-
Biz) to assist manufacturers that want to site or expand their operations in the state.In addition to
CalRecycle's funding programs there arealotof other programs, such as the California Competes tax
credit.GO-Biz also provides no cost site selection services.
To close the recycling loopcompletely, California would need significant growth in the purchasing of
recycled content products. One mandate that CalRecycle has promoted to help drive in-state markets is
the State Agency Buy Recycled Campaign (SABRC), which requires state agencies to purchase
recycled-content products. SABRC and related programs will be key to assisting CalRecycle in achieving
its 75 percent statewide recycling goal and developing California's recycled-content manufacturing
infrastructure.
Next Steps:
CalRecycle continues to monitor the evolving impacts of China's proposed policy on California and serve
as a clearinghouse for this information.This includes coordinating with local enforcementagencies on
permit conditions and with jurisdictions to share examples of local actions.In addition, CalRecycle will
continue its ongoing efforts to develop a statewide policy for packaging materials managementand to
complete regulations surrounding the management of organic waste under SB 1383.
CalRecycle will be presenting on these impacts at the January 23 monthly public meeting.
2019-06-18 Agenda PacketPage 1412 of 1481
1001 I Street | P.O. Box 4025 | Sacramento, California 95812|www.CalRecycle.ca.gov| 1-800-Recycle
The Department of Resources Recycling and Recovery (CalRecycle)
Table 1: Catalogue of Solid Wastes Forbidden to Import Into China:
TypeDescription of Solid Waste
Waste and scrap of ethylene polymer
Aluminum –plastic composite film
Styrene scrap
Waste and scrap of vinyl chloride polymer
Plastic
PET waste scrap and scrap, not including PET beverage bottle (brick)
Waste PET drink bottle (brick)
Other plastic waste scrap and scrap, not including scrap disk broken
material
Scrap disk broken material
PaperOther recovered paper or paperboard (including unsorted waste and scrap)
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1001 I Street | P.O. Box 4025 | Sacramento, California 95812|www.CalRecycle.ca.gov| 1-800-Recycle
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July 9, 2019File ID: 19-0276
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO UNIFIED PORT DISTRICT FORTHE CHULA VISTA BAYFRONT FACILITIES FINANCING
AUTHORITY; CONSENTING TO THE APPOINTMENT OF THE CITY ATTORNEY TO SERVE AS CO-COUNSEL
TO SUCHAUTHORITY; AND APPOINTING A COUNCILMEMBERTO ITS GOVERNING BOARD
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On May 8, 2012, the City of Chula Vista (the “City”) and the San Diego Unified Port District (the “District”)
approved and entered into a Financing Agreement for the Chula Vista Bayfront Master Plan (CVBMP),
which identified the rights and obligations of each agency, with respect to the financing, development, and
construction of CVBMP public improvements, infrastructure, and a conventioncenter. The Financing
Agreement established that the City and the District would forma Joint Exercise of Powers Authority to
provide for or facilitate the financing of the convention centerand other public improvements.
On May 13, 2014, the City of Chula Vista adopted Resolution 2014-070 approving aJoint Exercise of Powers
Agreement (the “JEPA Agreement”) forming theChula Vista Bayfront Facilities Financing Authority (the
“Authority”) to implement common objectives of the parties related to the development of the CVBMP. On
September 25, 2018, the Council adopted Resolution 2018-200 approving an Amended and Restated Joint
Exercise of Powers Agreement andappointingthe Mayor and Councilmember Aguilarto the Governing
Board of the Authority. The District did not take action on the Amended and Restated Agreement approved
by the City Council. A revised Amended and Restated Agreement hasbeen drafted and is recommended for
Council approval. In addition, Councilmember Aguilar no longer holds Council office, necessitating a new
appointmentto the Governing Board. Lastly, the Revised and Amended Agreement provides for the City
Attorney and the Port Attorney to the District to act as co-counsel to the Authority, with the consent of the
respectivebodies. An action consenting to the appointment of the City Attorney to act as co-counsel to the
Authority is recommended.
ENVIRONMENTAL REVIEW
The Development Services Director has determined that adopting an Amended and Restated Joint Exercise
of Powers Agreement, consenting to the appointment of the City Attorney to serve as co-counsel to the
Authority, and appointing a new Governing Board Memberare not projects as defined under Section
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15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines because these actions involve
only an organizational or administrative activity of government that will not result in a direct or indirect
physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On May 8, 2012, the City and the District entered into a Bayfront Master Plan Financing Agreement (the
“Financing Agreement”) for the CVBMP. The Financing Agreement identified the rightsand obligations of
each agency, with respect to the financing, development, and construction of public improvements,
infrastructure, and a planned convention center in the CVBMP. The Financing Agreement was
subsequently amended and restated to recognize additional rights and obligations of the respective
agencies, effective June 20, 2017(the “Amended and Restated Financing Agreement”). The Financing
Agreement established that the City and the District would form a Joint Exercise of Powers Authority
(JEPA)to provide for or facilitate the financing of the convention center and other public improvements.
Pursuant to authority granted by Article 1 (commencing with §6500) of Chapter 5 of Division 7 of Title 1 of
theGovernment Code of the State of California (the “JPA Act”), the City entered into a JEPAAgreement with
the District, effective May 1, 2014(the “Original JEPA Agreement”). The Original JEPAAgreement
established the Authority.
The Authority wasformed for the sole purpose of assisting in the financing and refinancing of capital
improvement projects of the CVBMP, as contemplated by the Financing Agreement. The anticipated
sources of funds to secure debt issued by the Authority are addressed in the Amended and Restated
Financing Agreement, and include, but are not limited to: District ground lease revenues, lease payments
payable from public funds, City sales taxes, City transient occupancy taxes (TOT), and additional
occupancy-based revenues. Pursuant to California law and the JEPAAgreement, the Authority will be a
public entity separate and apart from the City and District. The debts, liabilities, or obligations of the
Authority will not be the debts, liabilities, or obligations of the City, the District, or any representative of the
City or District serving on the Governing Board of the Authority.
September 25, 2018, the Council adopted Resolution 2018-200 approving an Amended and Restated Joint
Exercise of Powers Agreement (the “2018 Amended and Restated JEPA Agreement”) and appointing the
Mayor and Councilmember Aguilarto the Governing Board of the Authority. The District did not take
formal action on the 2018 Amended and Restated Agreement, asapproved by the City Council.
Subsequent tothe Council’s September2018 action, representatives of the Districtand City have worked
collaboratively to further refine the proposed structure and authority of the JEPA. In that process, the need
for Authority bylaws (the “Bylaws”) to provide additional clarity was identified. A revised Amended and
Restated Joint Exercise of Powers Agreement (the “2019 Amended and RestatedJEPA Agreement”) has
been drafted and is presented for Council’s considerationas Attachment 1 to this report. Draft Authority
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Bylaws are provided for Council’s information as Attachment 2. The adoption of Bylaws will be a future
action of the JEPA Governing Board. A redline comparison of the 2018 and2019 Amended and Restated
JEPA Agreements is provided as Attachment 3.
In their totality, the Amended and RestatedJEPAAgreement and the draft Bylaws make the following
substantive changes, as compared with the Original JEPA Agreement(not an exhaustivelist):
Clarifiesthat the Authority’s jurisdiction is limited to the CVBMPArea; and
Clarifiesthat the purpose of the Authority is the financing and refinancing of capital improvement
projects of the CVBMP, as contemplated by the Amended and Restated Financing Agreement; and
Requiresthe Governing Board of the Authority to hold at least one regular meeting each year; and
Allowsfor meetings of the Governing Board to be held by teleconference,in accordance with the
Brown Act; and
Requiresfour members of the Governing Board for a quorum or to approve a motion, in place of a
simple majority; and
Providesfor adoption of bylaws, if desired; and
Providesfor adoption of policies and procedures for the administration and operation of the
Authority, if desired; and
Modifiesthe term of the Governing Board Chair and Vice Chair from running concurrently with the
term of the Mayor of the City to a one-year term, with allowances for successor selection; and
Addsthe office of Auditor, as required by statute; and
Designatesthe Finance Director of the City as the Treasurer and the Auditorof the Authority; and
Clarifiesthat the Authority shall bear all costs incurred in preparing any required audits; and
Designates the City Attorney and the Port Attorney for the District as co-counsel to the Authority,
subject to consent of the City Council and the Port Board of Commissioners, respectively; and
Provides that the Authority shall, by resolution, adopt a procurement policy, which may be the
procurement policy of the City, the District, or a policy that is separate from that of the City or the
District; and
Providesthat the method of disposition of assets between the City and the District following
dissolution will be subject to future agreement between the agencies; and
Clarifiesthe terms under which the City and/or the District may withdraw from the Agreement;
and
Establishes the order of business for meetings of the Governing Board; and
Provides parliamentary procedures; and
Establishes a cost sharing framework for expenses incurred in administering the JEPA.
Governing Board
The Authority is a separate public entity, distinct from the City and the District, led by a Governing Board.
The Governing Board will consist of five (5) members, to be appointed as follows:
Two (2) members appointed by the City Council;
Two (2) members appointed by the District Board of Commissioners; and
One (1) member will be the Chula Vista appointed Port Commissioner.
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Pursuant to Section 4.Bof the Agreement, Board Members shall be designated by action of the City Council
and the District Board of Commissioners, respectively. Board members must be members of the governing
body or employees of the City or District, as applicable. The term of office as a Board Member shall
terminate when such Board Member (i) shall be replaced by action of the City Council or the District Board
of Commissioners, as applicable; or (ii) shall cease to be an employeeofthe City or District, as the case may
be.
The Mayor and Councilmember Aguilar were appointed to the City’s two seats on the Governing Board via
Resolution 2018-200 on September 25, 2018. Councilmember Aguilar’s term of office as a Board Member
expired concurrent with her exit from City Council office on December 11, 2018. Appointment of a
Councilmember to the City’s second Governing Board seat is recommended.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings
within 1,000 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)(7) or (8), 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 anyCity Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Adoptinga resolution approving an Amended and Restated Joint Exercise of Powers Agreement, consenting
to the appointment of the City Attorney to serve as co-counsel to the Authority,and appointing a Governing
Board Member to the Authority hasno net fiscal impact. All costs associated with preparing this report are
included in the operating budget for the Development Services Department.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1.Proposed Amended and Restated Joint Exercise of Powers Agreement
2.Draft Bylaws
3.Redline comparison of the 2018 and 2019 Amended and Restated Joint Exercise of Powers
Agreements
Staff Contact: Tiffany Allen, Assistant Director of Development Services
Page|4
2019-06-18 Agenda PacketPage 1427 of 1481
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVING THE AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA AND THE
SAN DIEGO UNIFIED PORT DISTRICT FORTHE CHULA
VISTA BAYFRONT FACILITIES FINANCING AUTHORITY;
CONSENTING TO THE APPOINTMENT OF THE CITY
ATTORNEY TO SERVE AS CO-COUNSEL TO SUCH
AUTHORITY; AND APPOINTING A COUNCILMEMBER TO
ITSGOVERNING BOARD
WHEREAS, on May 6, 2014, acting pursuant to Article I (commending with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California
(the “JPA Act”), the San Diego Unified Port District (the “District) adopted Resolution 2014-109
approving a Joint Exercise of Powers Agreement (the “JEPA Agreement”) with the City of
Chula Vista (the “City”) creatingthe Chula Vista Bayfront Facilities Financing Authority (the
“Authority”); and
WHEREAS, on May 13, 2014, acting pursuant to the JPA Act, the City Council of the
City of Chula Vista adoptedResolution 2014-070 approving the JEPAAgreement with the
District creatingthe Authority; and
WHEREAS, on September 25, 2018, the City Council adopted Resolution 2018-200
approving an Amended and Restated JEPA Agreement (the “2018 Amended and Restated JEPA
Agreement”); and
WHEREAS, the District did not take action on the 2018 Amended and Restated JEPA
Agreement; and
WHEREAS, the City and the District have worked cooperatively to draft additional
amendments to the JEPA Agreementlimitingthe Authority’s jurisdiction to the Chula Vista
Bayfrontand clarifying the structure and operations of the Authority(the “2019 Amended and
Restated JEPA Agreement”); and
WHEREAS, the City Council desires to approve the 2019 Amended and Restated JEPA
Agreementas set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set
forth in full; and
WHEREAS, pursuant to Section 4.D(4) of the 2019 Amended and Restated JEPA
Agreement, the Port Attorney of the District and the City Attorney of the City shall act as co-
counsel to the Authority; provided, however, that the Board of Port Commissioners, as it relates
to the Port Attorney, and the City Council, as it relates to the City Attorney, shall consent to the
appointment of its respective counsel toserve as co-counsel to the Authority prior to the Port
Attorney or the City Attorney acting on behalf of the Authority; and
2019-06-18 Agenda PacketPage 1428 of 1481
WHEREAS, the City Council desires to consent to the appointment of the City Attorney
to serve as co-counsel to the Authority; and
WHEREAS, pursuant to Section 4.B of the JEPA Agreement, as amended and restated,
the Authority shall be administered by a Governing Board, which shall be comprised of five
Board Members, consisting of (i) two members appointed by the City Council of the City, (ii)
two members appointed by the District Board of Commissioners, and (iii) the Port Commissioner
appointed by the City Council of the City; and
WHEREAS, at its regular meeting of September 25, 2018, the City Council did approve
Resolution 2018-200 appointing Mayor Casillas Salas and Councilmember Aguilar to the City’s
two Governing Board seats; and
WHEREAS, Councilmember Aguilar’s Governing Board term expired concurrent with
her exit from City Council office on December 11, 2018 and it is now necessary for the City
Council to appoint a new Governing Board Member; and
WHEREAS, adopting an Amended and Restated Joint Exercise of Powers Agreement,
consenting to the appointment of the City Attorney to serve as co-counsel to the Authority, and
appointinga new Governing Board Member are not projects as defined under Section
15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines because these
actions involve only an organizational or administrative activity of government that will not
result in a direct or indirect physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that itdoes hereby approveand adopt the Amended and Restated Joint Exercise of Powers
Agreementby andbetween the City of Chula Vista and the San Diego Unified Port District for
the Chula Vista Bayfront Facilities Financing Authority insubstantiallythe formset forth in
Exhibit 1 to this Resolution, with such minor modifications as may be required or approved by
the City Manager and the City Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby authorize and directthe Mayor to execute the subject Amended and Restated Joint
Exercise of Powers Agreementin a final form approved by the City Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby consent to the appointment of the City Attorney to serve as co-counsel to such
Authority.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby appoint Councilmember_____________ \[to be completed by the City Clerk upon
Council action\]to the Governing Board of the Authority.
2019-06-18 Agenda PacketPage 1429 of 1481
Resolution No.
Page 3
Presented byApproved as to form by
Gary HalbertGlen R. Googins
City ManagerCity Attorney
2019-06-18 Agenda PacketPage 1430 of 1481
Attachment 1
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
by and between
CITY OF CHULA VISTA
and
SAN DIEGO UNIFIED PORT DISTRICT
For
CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY
2019-06-18 Agenda PacketPage 1431 of 1481
TABLE OF CONTENTS
Page
Section 1. Definitions.............................................................................................................. 2
Section 2. Purpose ................................................................................................................... 3
Section 3. Term ....................................................................................................................... 4
Section 4. The Authority ......................................................................................................... 4
A. Ratification and Confirmation of Creation of the Authority ..................... 4
B. Governing Board ........................................................................................ 4
C. Meetings of Board...................................................................................... 5
D. Officers; Duties; Other Authority Matters ................................................. 6
Section 5. Powers .................................................................................................................... 9
Section 6. Termination of Powers ........................................................................................... 9
Section 7. Procurement Policy ................................................................................................ 9
Section 8. Fiscal Year ............................................................................................................. 9
Section 9. Disposition of Assets ............................................................................................. 9
Section 10. Contributions and Advances .................................................................................. 9
Section 11. Bonds ................................................................................................................... 10
A. Authority To Issue Bonds ........................................................................ 10
B. Bonds Limited Obligations ...................................................................... 10
Section 12. Agreement Not Exclusive .................................................................................... 11
Section 13. Accounts and Reports .......................................................................................... 11
Section 14. Funds .................................................................................................................... 11
Section 15. Conflict of Interest Code ...................................................................................... 11
Section 16. Breach .................................................................................................................. 11
Section 17. Withdrawal ........................................................................................................... 11
Section 18. Notices ................................................................................................................. 12
Section 19. Effectiveness ........................................................................................................ 12
Section 20. Severability .......................................................................................................... 12
Section 21. Successors; Assignment ....................................................................................... 12
Section 22. Amendment of Agreement ................................................................................... 12
Section 23. Form of Approvals ............................................................................................... 12
Section 24. Waiver of Personal Liability ................................................................................ 12
Section 25. Section Headings ................................................................................................. 13
i
2019-06-18 Agenda PacketPage 1432 of 1481
TABLE OF CONTENTS
(continued)
Page
Section 26. Counterparts ......................................................................................................... 13
Section 27. Designees of Officers of the Authority and Co-Counsel to the Authority;
Vice Chair to Act for Chair .................................................................................. 13
Section 28. Governing Law .................................................................................................... 14
Section 29. Integration ............................................................................................................ 14
Section 30. Validity of Prior Actions ...................................................................................... 14
ii
2019-06-18 Agenda PacketPage 1433 of 1481
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(this "Agreement"), dated and effective June __, 2019 ("Effective Date"), is entered into by and
between the CITY OF CHULA VISTA (the "City"), a charter city organized and existing under
the laws of the State of California (the "State"), and the SAN DIEGO UNIFIED PORT DISTRICT
(the "Port District"), a public corporation created by the State legislature in 1962 pursuant to the
California Harbors and Navigation Code Appendix 1 (as amended from time to time, the "Port
Act"). This Agreement amends, restates, and supersedes in its entirety that certain Joint Exercise
of Powers Agreement creating the Chula Vista Bayfront Facilities Financing Authority, dated as
of May 1, 2014 (the "Original Agreement"), by and between the City and the Port District (each
of the City and the Port District shall be referred to individually as, a "Member," and, collectively,
the "Members"), which created the Chula Vista Bayfront Facilities Financing Authority (the
"Authority").
DECLARATION OF PURPOSE
A. Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of the California
Government Code (known as the "Joint Exercise of Powers Act" and, as amended from time to
time, referred to herein as the "Act") authorizes the City and the Port District to create a joint
exercise of powers entity which has the power to exercise any powers common to the City and the
Port District and to exercise additional powers granted to it under the Act, including but not limited
to the issuance of bonds (defined under Section 6585(c) of the Act).
B. Article 4 of the Act (known as the "Marks-Roos Local Bond Pooling Act of 1985,"
Government Code Section 6584 et seq.) authorizes and empowers the Authority to issue bonds
and to purchase bonds issued by, or to make loans to, the City or the Port District or other public
or private entity for financing or providing interim financing for the acquisition, construction,
installation and improvement of public capital improvements, working capital, liability and other
insurance needs, or projects whenever there are significant public benefits, as determined by the
City or the Port District. The Marks-Roos Local Bond Pooling Act of 1985 further authorizes and
empowers the Authority to sell bonds so issued or purchased to public or private purchasers at
public or negotiated sale.
C. Each of the Members is empowered by law to promote economic development for
the benefit of the citizens of the City and the State.
D. Each of the Members may accomplish the purposes and objectives described in the
preceding preamble by various means, including through making loans or providing subsidies for
projects of public benefit that serve a public purpose.
E. Each Member is also empowered by law to acquire and dispose of real property for
a public purpose.
F. The Act authorizes the Members to create a joint exercise of powers entity with the
authority to exercise any powers common to the Members, as specified in this Agreement, and to
2019-06-18 Agenda PacketPage 1434 of 1481
exercise the additional powers granted to it in the Act and any other applicable provisions of the
laws of the State.
G. A public entity established pursuant to the Act is empowered to issue or execute
bonds, notes, commercial paper or any other evidences of indebtedness, including leases or
installment sale agreements or certificates of participation therein (as defined in Section 6585(c)
of the Act, "Bonds"), and to otherwise undertake financing programs under the Act or other
applicable provisions of the laws of the State to accomplish its public purposes.
H. The Members have determined to specifically authorize a public entity authorized
pursuant to the Act to issue Bonds pursuant to the Act or other applicable provisions.
I. The Members have undertaken certain common efforts to create a master plan and
promote development of the approximately 535-acre Chula Vista Bayfront depicted on Schedule 1
attached hereto ("Chula Vista Bayfront") and have entered into that certain Amended and Restated
Chula Vista Bayfront Master Plan Financing Agreement dated June 20, 2017 (as amended from
time to time, the "Financing Agreement").
J. It is the desire of the Members to use a public entity established pursuant to the Act
to undertake the financing and/or refinancing of portions of the Chula Vista Bayfront project
contemplated by the Financing Agreement.
K. It is further the intention of the Members that the projects being undertaken in the
Chula Vista Bayfront will result in significant public benefits to the inhabitants of the jurisdictions
of the Members.
TERMS OF AGREEMENT
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall for all purposes of this Agreement have the meanings herein specified. Unless this
Agreement specifically provides otherwise, any reference to any statute or agreement shall include
amendments to such statute or agreement, and, in the case of any statute, successor legislation.
Act. The term "Act" means Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of
the Government Code (Section 6500 et seq.).
Agreement. The term "Agreement" means this Amended and Restated Joint Exercise of
Powers Agreement, as it may be amended from time to time.
Authority. The term "Authority" means the Chula Vista Bayfront Facilities Financing
Authority.
Board; Board of Directors. The terms "Board" or "Board of Directors" mean the governing
board of the Authority established pursuant to, and consisting of the members selected in
accordance with, Section 4.B hereof.
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Board of Port Commissioners. The term "Board of Port Commissioners" means the Board
of Port Commissioners of the Port District.
Bonds. The term "Bonds" has the meaning set forth in the Declaration of Purpose, Recital
G above.
Brown Act. The term "Brown Act" means the Government Code provisions at
Section 54950 et seq. governing the notice and agenda requirements for meetings of government
agencies in the State and any later amendments, revisions, or successor enactments.
City. The term "City" means the City of Chula Vista, a charter city organized and existing
under the laws of the State.
City Council. The term "City Council" means the City Council of the City.
Effective Date. The term "Effective Date" means June __, 2019.
Fiscal Year. The term "Fiscal Year" has the meaning set forth in Section 8.
Governing Body. The term "Governing Body" means with respect to the City, the City
Council of the City, and means, with respect to the Port District, the Board of Port Commissioners.
Government Code. The term "Government Code" means the Government Code of the
State.
Harbors and Navigation Code. The term "Harbors and Navigation Code" means the
Harbors and Navigation Code of the State.
Indenture. The term "Indenture" means each indenture, trust agreement or other instrument
or agreement pursuant to which Bonds are issued.
Marks-Roos Local Bond Pooling Act of 1985. The term "Marks-Roos Local Bond Pooling
Act of 1985" means Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code
(Section 6584 and following).
Member. The term "Member" or "Members" means the City and/or the Port District, as
applicable.
Port Act. The term "Port Act" means Harbors and Navigation Code Appendix 1.
Port District. The term "Port District" means the San Diego Unified Port District, a public
corporation created by the State Legislature in 1962 pursuant to the Port Act.
State. The term "State" means the State of California.
Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of
assisting in the financing and refinancing of capital improvement projects of the Members and
other activities of the Members as permitted under the Act relating to the Chula Vista Bayfront,
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including as contemplated by the Financing Agreement, by exercising the powers referred to in
this Agreement. The Authority's jurisdiction shall be limited to the Chula Vista Bayfront (as
depicted on Schedule 1 attached hereto) unless otherwise provided by amendment of this
Agreement.
Section 3. Term. This Agreement shall become effective as of the Effective Date and
shall continue in full force and effect until terminated by a written agreement of the Port District
and the City. This Agreement shall not terminate while any Bonds or other obligations of the
Authority remain outstanding under the terms of any indenture, trust agreement, contract,
agreement, lease, sublease or other instrument pursuant to which such Bonds are issued or other
obligations are incurred.
Section 4. The Authority.
A. Ratification and Confirmation of Creation of the Authority. Creation of the
Authority pursuant to the Original Agreement and the Act is hereby ratified and confirmed. As
provided in the Act, the Authority shall be a public entity separate from the City and the Port
District. Except to the extent provided in Section 6508.1 of the Act, the debts, liabilities and
obligations of the Authority shall not constitute debts, liabilities or obligations of the City or the
Port District.
Within thirty (30) days after the Effective Date of this Agreement or any amendment
hereto, the Authority will cause a notice of this Agreement or amendment, as applicable, to be
prepared and filed with the office of the Secretary of State of the State and the office of the
Controller of the State in the manner set forth in Section 6503.5 of the Act. Within thirty (30) days
after the Effective Date of this Agreement or any amendment hereto, a full copy of this Agreement
and any amendment shall be filed with the Controller of the State and the San Diego County Local
Agency Formation Commission as set forth in Section 6503.6 of the Act.
B. Governing Board. The Authority shall be administered by the Board. The
Board shall be comprised of five members, each of which must at all times, in the case of the Port
District, be a member of the Board of Port Commissioners or an employee of the Port District, or,
in the case of the City, a member of the City Council or an employee of the City. The Board shall
consist of (i) two members appointed by the City Council, (ii) two members appointed by the
Board of Port Commissioners, and (iii) the Port Commissioner appointed by the City Council.
Board members shall be designated from time to time by action of the City Council and the Board
of Port Commissioners, respectively, certified copies of which designation shall be delivered to
the Secretary of the Authority (the "Secretary") designated in Section 4.D hereof. The term of
office as a member of the Board shall terminate when such member of the Board (i) shall be
replaced by action of the City Council (with respect to Board members appointed by it, including
the Port Commissioner appointed by it) or the Board of Port Commissioners (with respect to Board
members appointed by it), or (ii) shall cease to be an employee at the City or the Port District, as
the case may be.
The Board may adopt such bylaws (the "Bylaws") as it deems necessary or desirable for
the administration and operation of the Authority. The Board may adopt such policies and
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procedures as it deems necessary or desirable for the administration and operation of the Authority,
which shall include such policies and procedures as are necessary to assure compliance with the
Brown Act.
C. Meetings of Board.
(1) Time and Place. The Board shall hold its regular meetings at such
times and at such locations as may be established by the Bylaws or by resolution of the Board;
provided that the Board shall hold at least one regular meeting each year and no regular meetings
shall be scheduled at the same time as a meeting of the City Council or the Board of Port
Commissioners. At all times, each regular meeting of the Authority shall take place pursuant to a
72-hour notice and agenda requirement or as otherwise provided by the Brown Act.
The Board may hold special meetings at any time and from time to time in accordance with
the Brown Act. A special meeting may be called at any time by the Secretary or the Executive
Director of the Authority by delivering written notice to each Board member; provided, however,
no special meetings shall be scheduled at the same time as a meeting of the City Council or Board
of Port Commissioners. Such written notice may be dispensed with as to any Board member who
at or prior to the time the meeting convenes files with the Secretary a written waiver of notice.
Such waiver may be given by telegram, telecopy or electronic mail. Such written notice may also
be dispensed with as to any member who is actually present at the meeting.
Nothing contained in this Agreement shall be construed to prevent the Board from holding
closed sessions during a regular or special meeting concerning any matter permitted by law to be
considered in a closed session.
All public hearings held by the Board shall be held during regular or special meetings of
the Board. Regular and special meetings of the Board may be held by teleconference in accordance
with the provisions of the Brown Act and such procedures as the Secretary shall establish from
time to time.
The Board may adjourn any meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all Board members are
absent from any regular meeting or adjourned regular meeting, the Secretary may declare the
meeting adjourned to a stated time and place and shall cause a written notice of the adjournment
to be given in the same manner as provided for special meetings unless such notice is waived as
provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously
posted on or near the door of the place where the meeting was held within 24 hours after the time
of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this
Section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an
order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be
held, it shall be held at the hour specified for regular meetings.
Any public hearing being held, or any hearing noticed or ordered to be held at any meeting
may by order or notice of continuance be continued or recontinued to any subsequent meeting in
the same manner and to the same extent set forth herein for the adjournment of the meetings;
provided that, if the hearing is continued to a time less than 24 hours after the time specified in the
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order or notice of hearing, a copy of the order or notice of continuance shall be posted immediately
following the meeting at which the order or declaration of continuance was adopted or made.
(2) Legal Notice. All regular and special meetings of the Board shall
be called, noticed, held and conducted subject to the provisions of the Brown Act.
(3) Minutes. The Secretary shall cause minutes of all meetings of the
Board to be kept and shall, as soon as practicable after each meeting, cause a copy of the minutes
to be forwarded to each member of the Board and to the City and the Port District.
(4) Quorum; Required Vote for Action. Four members of the Board
shall constitute a quorum for the transaction of business, except that if less than a quorum is present
at any meeting, the Secretary or any Board member who is present at the meeting may adjourn
meetings from time to time. Any action or decision of the Authority shall be on motion duly
approved by four members of the Board at a lawfully held meeting.
D. Officers; Duties; Other Authority Matters.
(1) Officers; Duties; Official Bonds. The officers of the Authority shall
be the Chair, the Vice Chair, Secretary, the Executive Director, the Treasurer, and the Auditor.
Terms of each of the officers of the Authority shall be established pursuant to the Bylaws.
(A) Chair. The Chair of the Authority (the "Chair") shall be a
Board member selected to serve as Chair by action of the Board. The Chair shall preside at all
meetings of the Authority and shall submit such information and recommendations to the Board
as he or she may consider proper concerning the business, policies and affairs of the Authority.
(B) Vice Chair. The Vice Chair of the Authority (the "Vice
Chair") shall be a Board member who is selected to serve as Vice Chair by action of the Board.
The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In
case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are
imposed on the Chair, until such time as a new Chair is selected by action of the Board.
(C) Secretary. The Secretary is not required to be a member of
the Board and shall serve until a successor is designated by the Board. The Clerk of the Port
District is hereby designated as the Secretary. The Secretary shall keep the records of the Authority
at the offices of the Port District. The Secretary shall act as Secretary at the meetings of the
Authority and record all votes, shall keep a record of the proceedings of the Authority in a journal
of proceedings to be kept for such purpose, and shall perform all duties incident to the office.
(D) Executive Director. The President/CEO of the Port District,
who may, but is not required to be, a member of the Board, is hereby designated Executive Director
of the Authority (the "Executive Director"). The Executive Director shall be responsible for
execution and supervision of the affairs of the Authority. Except as otherwise authorized by
resolution of the Board, the Executive Director shall sign all agreements, contracts, deeds and other
instruments requiring execution by the Authority. In addition, subject to the applicable provisions
of any trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the
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Executive Director is designated as a public officer or person who has charge of, handles, or has
access to any property of the Authority and, as such, shall file an official bond as required pursuant
to Section 6505.1 of the Act, which official bond shall be in the amount of $25,000.
(E) Treasurer. The Director of Finance of the City, who may,
but is not required to be, a member of the Board, is hereby designated as the Treasurer of the
Authority (the "Treasurer"). The Treasurer shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act. Subject to the applicable provisions of any trust agreement,
indenture or resolution providing for a trustee or other fiscal agent, the Treasurer is designated as
a public officer or person who has charge of, handles, or has access to any property of the Authority
and, as such, shall file an official bond as required pursuant Section 6505.1 of the Act, which
official bond shall be in the amount of $25,000.
(F) Auditor. The Director of Finance of the City, who may, but
is not required to be, a member of the Board, is also hereby designated as the Auditor of the
Authority (the "Auditor"). The Auditor shall perform the functions assigned to the auditor in
Section 6505(b) of the Act relating to audits and in Section 6505.5 of the Act relating to payments.
Subject to the applicable provisions of any trust agreement, indenture or resolution providing for
a trustee or other fiscal agent, the Auditor is designated as a public officer or person who has
charge of, handles, or has access to any property of the Authority and, as such, shall file an official
bond as required pursuant Section 6505.1 of the Act, which official bond shall be in the amount of
$25,000.
(2) Audits and Reports. So long as required by Section 6505 of the Act,
the Auditor shall prepare or cause to be prepared a special audit as required pursuant to
Section 6505 of the Act no less frequently than once in every two-year period during the term of
this Agreement. The Auditor shall, within the time necessary to comply with the requirements of
the Act, file a report of any audit performed pursuant to this Section 4.D (2) as required by the Act
and shall send a copy of such report to the public entities required to receive such report in
accordance with the requirements of the Act. So long as required by Section 6505.5 of the Act,
the Treasurer shall prepare or cause to be prepared a report in writing, as required by Section
6505.5(e) of the Act, on the first day of July, October, January and April of each year, which report
shall be delivered to the Board, the City and the Port District and which report shall describe the
amount of money held by the Treasurer for the Board, the amount of receipts since the last such
report, and the amount paid out since the last such report (which may exclude amounts held by a
trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other
fiduciary provides regular reports covering such amounts). Any costs of any audit required
pursuant to the Act, including costs of contracts with, or employment of certified public
accountants or public accountants, shall be borne by the Authority and shall be a charge against
any unencumbered funds of the Authority available for such purpose.
(3) Compensation for Services. The cost of the services performed by
the officers, who are employed by the Members, may be reimbursed by the Authority in
accordance with a separate agreement to be entered into between the Members and the Authority.
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(4) Additional Officers, Advisors, Consultants, Counsel. The Board
shall have the power to appoint such other officers as it may deem necessary and to retain such
advisors, consultants and experts, including accountants, as the Board shall deem necessary or
desirable. The Port Attorney of the Port District (the "Port Attorney") and the City Attorney of
the City (the "City Attorney") shall act as co-counsel to the Authority; provided, however, the
Board of Port Commissioners, as it relates to the Port Attorney, and the City Council, as it relates
to the City Attorney, shall consent to the appointment of its respective counsel to serve as co-
counsel to the Authority prior to the Port Attorney or City Attorney acting on behalf of the
Authority. The Board may retain or engage such advisors, consultants, experts and counsel on
such terms and at such rates of compensation as the Board may determine, for the performance of
Authority business and affairs, provided that adequate sources of funds are identified for the
payment of such advisors, consultants, experts and counsel.
(5) Privileges and Immunities. All of the privileges and immunities
from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's
compensation and other benefits which apply to the activities of the members of the Board of Port
Commissioners, members of the City Council, officers, agents or employees of the Members when
performing their respective functions within the territorial limits of their respective Member, shall
apply to them to the same degree and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of this Agreement.
(6) No Deemed Employment. None of the officers, advisors,
consultants, experts or counsel, if any, appointed or retained by the Authority in connection with
the issuance of Bonds or as otherwise permitted under the Act, shall be deemed, by reason of their
appointment or retention by the Authority, to be employed by either Member.
(7) Public Retirement System Contracts. Notwithstanding Section 4.A,
Section 6508.2 of the Act prohibits members of authorities created pursuant to the Act from
agreeing that retirement liabilities may not constitute debts, liabilities or obligations of the
members if the Authority contracts with a public retirement system (as such term is defined in
Section 6508.2 of the Act, a "public retirement system"). The Authority did not enter into a
retirement contract with any public retirement system subsequent to the effectiveness of the
Original Agreement and does not currently have any retirement contract in effect with any public
retirement system. Each of the City and the Port District hereby agree that it will not amend this
Agreement to provide that the Authority may enter into a retirement contract with a public
retirement system.
(8) Authority Records. In any event, the Authority shall cause all
records regarding the Authority's formation, existence, operations, any Bonds issued by the
Authority, obligations incurred by it and proceedings pertaining to its termination to be retained
for at least six (6) years following termination of the Authority or final payment of any Bonds
issued by the Authority, whichever is later. Any records not described in the preceding sentence
shall be maintained in accordance with the Records Retention Policy of the Port District, as it may
be amended from time to time.
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(9) Authority to Bind Authority. No Board member or officer of the
Authority, without prior specific or general authority by the affirmative vote of four members of
the Board, shall have any power or authority to bind the Authority by any contract, to pledge its
credit, or to render it liable for any purpose in any amount.
Section 5. Powers. The Authority shall have any and all powers, in its own name, which
are common powers of the Members and any and all powers separately conferred under applicable
law, including, without limitation, by the Act, upon the Authority for any purpose authorized under
this Agreement. All such powers, whether common to the Members or separately conferred by
law upon the Authority, are specified as powers of the Authority to the extent permitted by law.
To the extent required by Section 6509 of the Act, the Authority's exercise of its powers is subject
to such restrictions imposed on the City by the Constitution of the State, City Charter, and
applicable State statutes.
The Authority is hereby authorized, in its own name, to do all acts necessary or convenient
for the exercise of its powers for the purposes specified in this Agreement, including, but not
limited to, any or all of the following: to sue and be sued, including without limitation, bringing
a validation action pursuant to Section 860 of the California Code of Civil Procedure or any other
applicable statute related to validation actions; to make and enter into contracts; to employ agents
and employees; to acquire, hold or dispose of property, whether real or personal, tangible or
intangible, wherever located; and to issue Bonds or otherwise incur debts, liabilities or obligations
to the extent authorized by the Act or any other applicable provision of law; and to pledge any
property or revenues or the rights thereto as security for such Bonds and other indebtedness.
Section 6. Termination of Powers. The Authority shall continue to exercise the powers
herein conferred upon it until the termination of this Agreement in accordance with Section 3
hereof.
Section 7. Procurement Policy. The Authority shall, by resolution, adopt a procurement
policy (the "Procurement Policy"). Such Procurement Policy may be the procurement policy of
the City or the Port District or the Authority may adopt a Procurement Policy separate from that
of the City or Port District.
Section 8. Fiscal Year. Unless and until changed by resolution of the Board, the Fiscal
Year of the Authority shall be the period from July 1 of each year to and including the following
June 30.
Section 9. Disposition of Assets. Upon termination of this Agreement pursuant to
Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or
account of the Authority shall be returned in proportion to any contributions made as required by
Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of
concluding and dissolving the business affairs of the Authority. After termination of this
Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal, shall
be distributed to the City and the Port District as they shall agree in writing, subject to Section 10
hereof.
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Section 10. Contributions and Advances. Contributions or advances of public funds and
of personnel, equipment or property may be made to the Authority by the City and the Port District
for any of the purposes of this Agreement. Payment of public funds may be made to defray the
cost of any such contribution or advance. Any such advance made in respect of a revenue-
producing facility shall be made subject to repayment, and shall be repaid, in the manner agreed
upon by the City or the Port District, as the case may be, and the Authority, at the time such
advance is made as provided by Section 6512.1 of the Act. It is mutually understood and agreed
that neither the City nor the Port District has any obligation to make advances or contributions to
the Authority to provide for the costs and expenses of administration of the Authority, even though
either may do so. Each of the City or the Port District may elect to allow the use of its personnel,
equipment or property in lieu of other contributions or advances to the Authority.
Section 11. Bonds.
A. Authority To Issue Bonds. When authorized by the Act or other applicable
provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose
of raising funds for the exercise of any of its powers or to otherwise carry out its purposes under
this Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board.
Among other things, the Marks-Roos Local Bond Pooling Act of 1985 authorizes the Authority to
execute and deliver or cause to be executed and delivered certificates of participation in a lease or
installment sale agreement with any public or private entity, or, at its option, to issue or cause to
be issued bonds, rather than certificates of participation, and enter into a loan agreement with the
public or private entity. Expenses for the services of bond counsel, financial consultants and other
advisors and for accounting or other services determined necessary for the successful development
of a public capital project may be paid from the proceeds of the Bonds to the extent permissible
under applicable law.
B. Bonds Limited Obligations. The Bonds, including the principal and any
purchase price thereof, and the interest and premium, if any, thereon, shall be special limited
obligations of the Authority payable solely from, and secured solely by, the revenues, funds and
other assets pledged therefor under any applicable Indenture and shall not constitute a charge
against the general credit of the Authority. The Bonds shall not be secured by a legal or equitable
pledge of, or lien or charge upon or security interest in, any property of the Authority or any of its
income or receipts except the property, income and receipts pledged therefor under the applicable
Indenture(s). The Bonds shall not constitute a debt, liability or obligation of the State or any public
instrumentality thereof, including the Port District and the City, but shall only constitute the special
limited obligation of the Authority as described above. Neither the faith and credit nor the taxing
power of the State or any public instrumentality thereof, including the Port District and the City,
shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or
interest on the Bonds, nor shall the State or any public instrumentality thereof, including the Port
District and the City, in any manner be obligated to make any appropriation for such payment.
The Authority shall have no taxing power.
No covenant or agreement contained in any Bond or Indenture shall be deemed to be a
covenant or agreement of any member of the Board, any member of the City Council, any member
of the Board of Port Commissioners or any officer, agent or employee of the Authority, the City
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or the Port District in his or her individual capacity, and no member of the Board or officer of the
Authority executing a Bond shall be liable personally on such Bond or be subject to any personal
liability or accountability by reason of the issuance of such Bond.
Section 12. Agreement Not Exclusive. This Agreement shall not be exclusive and shall
not be deemed to amend or alter the terms of any other agreement between the City and the Port
District.
Section 13. Accounts and Reports. All funds of the Authority shall be strictly accounted
for in books of account and financial records maintained by the Authority, including a report of all
receipts and disbursements. The Authority shall establish and maintain such funds and accounts
as may be required by generally accepted accounting principles and by each Indenture for
outstanding Bonds (to the extent that such funds and accounts are not required to be held by a
trustee for owners of Bonds). The books and records of the Authority shall be open to inspection
at all reasonable times by the City and the Port District and their representatives.
Section 14. Funds. Subject to the provisions of each Indenture for outstanding Bonds
providing for a trustee to receive, have custody of and disburse funds which constitute Authority
funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority
funds pursuant to applicable provisions of the Act and generally accepted accounting principles
and shall make the disbursements required by this Agreement or otherwise necessary to carry out
the provisions and purposes of this Agreement.
Section 15. Conflict of Interest Code. The Authority shall, by resolution, adopt a
Conflict of Interest Code to the extent required by law. Such Conflict of Interest Code may be the
conflict of interest code of the City or the Port District or the Authority may adopt a Conflict of
Interest Code separate from that of the City or Port District.
Section 16. Breach. If default shall be made by the City or the Port District in any
covenant contained in this Agreement, such default shall not excuse either the City or the Port
District from fulfilling its obligations under this Agreement, and each of the City and the Port
District shall continue to be responsible for compliance with all terms, covenants and conditions
that apply to it set forth herein. The City and the Port District hereby declare that this Agreement
is entered into for the benefit of the Authority and the City and the Port District hereby grant to
the Authority the right to enforce by whatever lawful means the Authority deems appropriate all
of the obligations of each of the Members. Each and all of the remedies given to the Authority
hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or
remedy shall not impair the right of the Authority to any or all other remedies.
Section 17. Withdrawal. Neither Member may withdraw from this Agreement if such
withdrawal would result in dissolution of the Authority while any Bonds or other obligations of
the Authority remain outstanding under the terms of any Indenture pursuant to which such Bonds
are issued or other obligations are incurred. Notwithstanding the foregoing, either Member may
withdraw from this Agreement if the Board of Port Commissioners and the City Council approve
such withdrawal and concurrently with the effectiveness of such withdrawal, the Member
requesting approval to withdraw from this Agreement assigns this Agreement to another public
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agency (as such term is defined in the Act), which public agency shall agree to assume the
obligations hereunder of the Member requesting approval to withdraw from this Agreement and
have delivered to the Port District and the City: (i) an executed counterpart of this Agreement; (ii)
a certified copy of the resolution adopted by the governing body of such public agency approving
this Agreement and execution and delivery of a counterpart of this Agreement to the Port District
and to the City; and (iii) such other documentation as shall be required by the Port District or by
the City. Such executed counterpart of this Agreement shall be deemed to constitute an
amendment of this Agreement and shall be filed as an amendment to this Agreement in accordance
with the provisions of the Act and Section 4.A hereof.
Section 18. Notices. Notices to the City and the Port District hereunder shall be sufficient
if delivered to the Director of Finance of the City and the City Manager of the City as to the City,
and to the Chief Financial Officer/Treasurer of the Port District and the Director, Real Estate of
the Port District as to the Port District.
Section 19. Effectiveness. This Agreement shall become effective and be in full force
and effect and a legal, valid and binding obligation of the Port District and the City on the Effective
Date.
Section 20. Severability. Should any part, term, or provision of this Agreement be
decided by the courts to be illegal or in conflict with any law of the State, or otherwise be rendered
unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall
not be affected thereby.
Section 21. Successors; Assignment. This Agreement shall be binding upon and shall
inure to the benefit of the successors of the Members. Except to the extent expressly provided
`herein, neither Member may assign any right or obligation hereunder without the written consent
of the other.
Section 22. Amendment of Agreement. This Agreement may be amended by
supplemental agreement executed by the Members at any time; provided, however, that: (i) this
Agreement may not be amended to provide that the Authority may enter into any retirement
contract with any public retirement system for any reason; (ii) the Agreement may be terminated
only in accordance with Section 3 hereof; and (iii) any such supplemental agreement shall be
subject to any restrictions contained in any Bonds or documents related to any Bonds to which the
Authority is a party.
Section 23. Form of Approvals. Whenever an approval is required in this Agreement,
unless the context specifies otherwise, it shall be given: (A) in the case of the Port District, by
resolution duly adopted by the Board of Port Commissioners of the Port District; (B) in the case
of the City, by resolution duly adopted by the City Council of the City; and (C) in the case of the
Authority, by resolution duly adopted by the Board. Whenever in this Agreement any approval or
consent is required, unless the context specifies otherwise, the same shall not be unreasonably
withheld.
Section 24. Waiver of Personal Liability. No member of the Board, no member of any
committee established pursuant to the Bylaws (each, a "Committee"), no member of the City
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Council, no member of the Board of Port Commissioners nor any officer, employee or agent of
the Authority, the City or the Port District shall be individually or personally liable for any claims,
losses, damages, costs, injury and liability of any kind, nature or description arising from the
actions of the Authority or the actions undertaken pursuant to this Agreement, and the Authority
shall defend such members of the Board, members of any Committee, members of the City
Council, members of the Board of Port Commissioners, officers, employees or agents of the
Authority or a Member against any such claims, losses, damages, costs, injury and liability.
Without limiting the generality of the foregoing, no member of the Board, member of any
Committee, member of the City Council, member of the Board of Port Commissioners, officer,
employee or agent of the Authority or of any Member shall be personally liable on any Bonds or
be subject to any personal liability or accountability by reason of the issuance of Bonds pursuant
to the Act and this Agreement. To the fullest extent permitted by law, the Board shall provide for
indemnification by the Authority of any person who is or was a member of the Board, a member
of any Committee, a member of the City Council, a member of the Board of Port Commissioners,
or an officer, employee or other agent of the Authority or any Member, and who was or is a party
or is threatened to be made a party to a proceeding by reason of the fact that such person is or was
such a member of the Board, a member of any Committee, a member of the City Council, a
member of the Board of Port Commissioners, or an officer, employee or other agent of the
Authority or a Member, against expenses, judgments, fines, settlements and other amounts actually
and reasonably incurred in connection with such proceeding, if such person acted in good faith
and in the course and scope of his or her office, employment or agency. In the case of a criminal
proceeding, the Board may provide for indemnification and defense of a member of the Board, a
member of any Committee, a member of the City Council, a member of the Board of Port
Commissioners, or an officer, employee or other agent of the Authority or a Member to the extent
permitted by law.
Section 25. Section Headings. All section headings contained herein are for convenience
of reference only and are not intended to define or limit the scope of any provision of this
Agreement.
Section 26. Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same instrument.
Section 27. Designees of Officers of the Authority and Co-Counsel to the Authority;
Vice Chair to Act for Chair. Where reference is made to duties to be performed for the Authority
by an employee of the Port District who is an officer of the Authority or by an employee of the
City who is an officer of the Authority, such duties may be performed by that person's duly
authorized deputy as designated from time to time pursuant to the Bylaws; provided however, that
all agreements, contracts, deeds and other instruments requiring execution by the Authority shall
be signed by the Executive Director or by such other representative of the Authority as shall be
designated in a resolution of the Board relating to execution of the agreement, contract, deed or
other instrument to be executed. Where reference is made to duties to be performed for the
Authority by the Port Attorney, acting as co-counsel to the Authority, or by the City Attorney,
acting as co-counsel to the Authority, such duties may be performed by that person's duly
authorized deputy as designated from time to time pursuant to the Bylaws. As provided Section
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4.D (1) (B) of this Agreement, the Vice Chair shall perform the duties of the Chair in the absence
or incapacity of the Chair.
Section 28. Governing Law. This Agreement is made in the State, under the Constitution
and laws of the State and is to be construed as a contract made and to be performed in the State.
Section 29. Integration. This Agreement is the complete and exclusive statement of the
agreement among the parties with respect to the subject matter hereof, which supersedes and
merges all prior proposals, understandings, and other agreements, whether oral, written, or implied
in conduct, between the parties relating to the subject matter of this Agreement.
Section 30. Validity of Prior Actions. The execution and delivery of this Agreement
shall have no effect on any actions taken by the Board pursuant to the Original Agreement and all
such actions shall remain valid and binding upon the Authority.
\[Remainder of page intentionally blank.\]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives, as of the date first set forth above.
CITY OF CHULA VISTA
By: ________________________________
Mayor
Attest:
_____________________________________
City Clerk
Approved as to Form:
_____________________________________
City Attorney
SAN DIEGO UNIFIED PORT DISTRICT
By: ________________________________
President/CEO
Approved as to Form and Legality:
General Counsel
_____________________________________
Assistant/Deputy
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Schedule 1
Map of Chula Vista Bayfront
(see attached)
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BYLAWS OF THE
CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY
Adopted \[Date of Adoption\]
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Table of Contents
Page
ARTICLE I DEFINITIONS .................................................................................................. 1
Section 1.1. Definitions ............................................................................................. 1
ARTICLE II THE AUTHORITY ........................................................................................... 1
Section 2.1. Name ..................................................................................................... 1
Section 2.2. Governing Board ................................................................................... 1
Section 2.3. Governing Board Vacancies ................................................................. 1
Section 2.4. Offices ................................................................................................... 1
Section 2.5. Delivery of Notices ............................................................................... 1
ARTICLE III OFFICERS ........................................................................................................ 1
Section 3.1. Officers .................................................................................................. 1
Section 3.2. Duties of Officers .................................................................................. 2
Section 3.3. Selection and Term of Chair and Vice Chair of Governing
Board; Confirmation of Designation of Officers .................................. 2
Section 3.4. Term of Officers .................................................................................... 2
ARTICLE IV MEETINGS ...................................................................................................... 2
Section 4.1. Meetings of Governing Board. .............................................................. 2
Section 4.2. Open Meetings ...................................................................................... 2
Section 4.3. Place of Meetings .................................................................................. 2
Section 4.4. Agenda Item for Borrowings ................................................................ 2
Section 4.5. Borrowing Resolutions. ........................................................................ 3
Section 4.6. Order of Business .................................................................................. 3
Section 4.7. Parliamentary Procedure ....................................................................... 3
ARTICLE V PROCEDURE FOR BOND ISSUANCE ......................................................... 3
Section 5.1. Bond Issuance Staff Support ................................................................. 3
Section 5.2. Engagement of Advisors ....................................................................... 3
ARTICLE VI ASSISTANCE FROM MEMBERS; CONTRIBUTIONS ............................... 4
Section 6.1. Assistance from Members. .................................................................... 4
Section 6. 2. Contributions from Members; Funds for Administration ..................... 4
ARTICLE VII DESIGNEES FOR CERTAIN OFFICERS AND CO-COUNSEL .................. 4
Section 7. 1. Designees for Certain Officers .............................................................. 4
Section 7. 2. Designees for Co-Counsel..................................................................... 5
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Table of Contents
Page
ARTICLE VIII AUDITS ............................................................................................................ 5
Section 8.1. Audits. ................................................................................................... 5
ARTICLE IX INSURANCE .................................................................................................... 5
Section 9.1. Insurance. .............................................................................................. 5
ARTICLE X AMENDMENT OF BYLAWS ......................................................................... 5
Section 10.1. Amendment of Bylaws. ......................................................................... 5
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ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used but not otherwise defined in
the Bylaws of the Chula Vista Bayfront Facilities Financing Authority (these "Bylaws") shall
have the respective meanings assigned to such terms in the Amended and Restated Joint Exercise
of Powers Agreementdated June 1, 2019(as amended from time to time, the"JEPA
Agreement"), by and between the City of Chula Vista (the "City"), a charter city duly organized
and existing under the laws of the State of California, and the San Diego Unified Port District
(the "Port District"), a public organization created by the California Legislature pursuant to the
California Harbors and Navigation Code Appendix 1, creating the Chula Vista Bayfront
Facilities Financing Authority (the "Authority").
ARTICLE II
THE AUTHORITY
Section 2.1 Name. The official name of the Authority isthe "Chula Vista
Bayfront Facilities Financing Authority."
Section 2.2. Governing Board. The Authority shall be administered by a board
of directors (the "Board") comprised as provided in Section 4.B. of the JEPA Agreement.
Section 2.3. Governing Board Vacancies. A vacancy or vacancies on the Board
shall be deemed to exist on the occurrence of the following: (i) the resignation, dismissal,or
removal of(a) the Commissioner of the Port District appointed by the City Council or (b) a
member of the Board appointed by the Board of Port Commissioners of the Port District or
appointed by the City Council of the City, as applicable,from the position heorshe held at the
timeheor she became a member of the Board; or (ii) the death of any member of the Board.
Each vacancy on the Board shall be filled in accordance with Section 4.B of the JEPA
Agreement.
Section 2.4. Offices. The business offices of the Authority shall be at
3165Pacific Highway, San Diego,California 92101and at 276Fourth Avenue,Chula Vista,
California 91910, or at such other location or locations as may be designated by resolution of the
Board.
Section 2.4. Delivery of Notices. If approved by the affirmative vote of four
members of the Board, notices may be provided by electronic mail.
ARTICLE III
OFFICERS
Section 3.1. Officers. As provided in Section 4.D (1) of the JEPA Agreement,
the officers of the Authority shall be the member of the Board serving as Chair of the Board (the
"Chair"), the member of the Board serving as Vice Chair of the Board (the "Vice Chair"), the
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Executive Director, the Treasurer, the Auditor, and the Secretary. One individual may fill one or
more positions at the same time.
Section 3.2. Duties of Officers. Each of the officers of the Authority identified
in Section 3.1 shall perform such duties as are specified in Section 4.D (1) of the JEPA
Agreement. Any additional officer of the Authority appointed by the Board pursuant to Section
4.D (4) of the JEPA Agreement shall perform such duties as are specified in the resolution of the
Board appointing such officer.
Section 3.3. Selection and Term of Chair and Vice Chair of Governing
Board; Confirmation of Designation of Officers. Selection of the Chair and the Vice Chair
and confirmation of designation of the other officers as provided pursuant to Section 4.B of the
JEPA Agreement shall be the first order of business at the first regular or special meeting of the
Authority held in each calendar year. Each of the Chair and Vice Chair shall serve as Chair and
Vice Chair respectively from the date of his or her election through the date of the first meeting
(regular or special) of the Authority in the next succeeding calendar year; provided that each
shall serve as Chair or Vice Chair, as applicable, until a successor has been duly selected. In
case of the resignation, removal, dismissal or death of the Chair, the Vice Chair shall perform
such duties as are imposed on the Chair, until such time as a new chair is selected.
Section 3.4. Term of Officers. Other than the Chair and the Vice Chair, each of
whose term is specified in Section 3.3 above, for so long as an officer's employment in the
position he or she held with the Port District or the City, as applicable, at the time of appointment
as an officer of the Authority shall continue, such officer shall serve until a successor is
designated by the Board.
ARTICLE IV
MEETINGS
Section 4.1. Meetings of Governing Board. Meetings of the Board shall be
held in accordance with the provisions set forth in Section 4.C of the JEPA Agreement.
Section 4.2. Open Meetings. Meetings of the Board shall be open to the public
as required by the provisions of the Brown Act.
Section 4.3. Place of Meetings. Meetings of the Board (whether regular,
scheduled or adjourned) shall be held at 3165 Pacific Highway, San Diego, California 92101 or at
276 Fourth Avenue, Chula Vista, California 91910 or at such other location as shall be
designated from time to time by the Board.
Section 4.4. Agenda Item for Borrowing. So long as required by Government
Code Section 53635.7, any decision that involves borrowing in the amount of $100,000 or more
shall be discussed, considered and deliberated by the Board as a separate item of business on the
meeting agenda and shall not be adopted on a consent calendar.
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Section 4.5. Borrowing Resolution. So long as required by Government Code
Section 6592.1, a resolution authorizing Bonds or any issuance of Bonds or accepting the benefit
of any Bonds or the proceeds of Bonds may be adopted by the Board only during a regular
meeting held pursuant to Government Code Section 6592.1.
Section 4.6. Order of Business. At the regular meetings of the Authority,
subject to such modification as shall be approved by the affirmative vote of four members of the
Board, the following shall be the general order of business:
1. Call to Order and Roll Call
2. Public Comments
3. Approval of Minutes
4. Information Items
5. Action Items
6. Adjournment
Section 4.7. Parliamentary Procedure. The rules of parliamentary procedure
set forth in Robert's Rules of Order shall govern all meetings of the Authority, subject to such
modification as shall be approved by the affirmative vote of four members of the Board.
ARTICLE V
PROCEDURE FOR BOND ISSUANCE
Section 5.1. Bond Issuance Staff Support. Staff of the Port District designated
by the President/CEO of the Port District and staff of the City designated by the City Manager of
the City (collectively, the "Bond Issuance Working Group") shall jointly develop, analyze,
review, and implement proposals related to the issuance of Bonds, including any issuance of
Bonds to refinance existing Bonds. Prior to the Board taking any action on a proposal related to
the issuance of Bonds, the Bond Issuance Working Group shall prepare, and the Board shall
review and consider, a report setting forth the proposed terms of the financing or refinancing and
the key factors to be considered by the Board with respect to the financing or refinancing,
including benefits and risks, which report shall include a recommendation with respect to the
proposed issuance of Bonds.
Section 5.2. Engagement of Advisors. The Bond Issuance Working Group shall
select such advisors as the Bond Issuance Working Group determines are reasonably necessary
to perform the duties required of it pursuant to Section 5.1 above and costs of such advisors shall
constitute administrative costs of the Authority that shall be paid by the Authority or paid by the
Members and reimbursed to the Members pursuant to Article VI below. Such advisors may
include, but are not limited to, attorneys and financial advisors and shall be retained at the
expense of the Authority subject to Article VI below.
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ARTICLE VI
ASSISTANCE FROM MEMBERS; CONTRIBUTIONS
Section 6.1. Assistance from Members. The Board may from time to time
request from any Member the services of such personnel, counsel or agents, permanent or
temporary, as may be necessary to carry out the business and affairs of the Authority
(collectively "Member Services"), which Member may accept or decline in its sole and absolute
discretion. If such Member elects to provide Member Services to the Authority, the Authority
shall reimburse the Member for the reasonable administrative cost of the Member Services
provided by such Member pursuant to a separate agreement to be entered into between the
Member and the Authority prior to the provision of Member Services to the Authority. The
Members may also elect to enter into a joint agreement with the Authority for the reimbursement
of the reasonable administrative cost of the Member Services to be provided by each Member
during the term of the JEPA Agreement.
Section 6.2. Contributions from Members; Funds for Administration. The
Members may make contributions, either in the form of grants or loans, to the Authority of
money or property as each Member deems appropriate, subject to such agreement(s) as may be
agreed to by the Member(s) and the Authority. If the Authority requires funds for its
administration in accordance with the Act, the JEPA Agreement or these Bylaws, and the
Authority does not have, or reasonably estimates that it will not have, sufficient funds to cover
such costs, the Authority shall provide notice to each Member and each Member shall provide
fifty percent (50%) of the needed funds ("Additional Costs"), which shall not exceed One
Hundred Thousand Dollars ($100,000) per Member during any given Fiscal Year unless
otherwise agreed to in writing by the Members. The Additional Costs shall be reimbursed to the
Members pursuant to a separate agreement to be entered into between the Members and the
Authority.
ARTICLE VII
DESIGNEES FOR CERTAIN OFFICERS AND CO-COUNSEL
Section 7.1. Designees for Executive Director, Treasurer, Auditor and
Secretary. Where reference is made in the JEPA Agreement or herein to duties to be performed
for the Authority by an employee of the Port District who is designated as an officer of the
Authority or by an employee of the City who is designated as an officer of the Authority, such
duties may be performed by that person's duly authorized deputy set forth in Schedule 1 attached
hereto, which may be modified administratively from time to time by the President/CEO of the
Port District, in the case of a Port District employee, and by the City Manager of the City, in the
case of a City employee, by providing written notice to the Secretary who shall provide a copy of
such notice to each Member and who shall retain a copy of each such notice in the records of the
Authority; provided however, that all agreements, contracts, deeds and other instruments
requiring execution by the Authority shall be signed by the Executive Director or by such other
representative of the Authority as shall be designated in a resolution of the Board relating to
execution of the agreement, contract, deed or other instrument to be executed.
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Section 7.2. Designees for Co-Counsel. Where reference is made in the JEPA
Agreement or herein to duties to be performed for the Authority by the Port Attorney of the Port
District (the "Port Attorney"), acting as co-counsel to the Authority, or by the City Attorney of
the City (the "City Attorney"), acting as co-counsel to the Authority, such duties may be
performed by that person's duly authorized deputy set forth in Schedule 1 attached hereto, which
may be modified administratively from time to time by the Port Attorney in the case of the Port
Attorney and by the City Attorney in the case of the City Attorney, by providing written notice to
the Secretary who shall provide a copy of such notice to each Member and who shall retain a
copy of each such notice in the records of the Authority.
ARTICLE VIII
AUDITS
Section 8.1. Audits. Each audit provided pursuant to Section 4.D (2) of the
JEPA Agreement shall be performed by an independent certified public accountant or firm of
certified public accountants having the skill and experience to perform such audit, selected by
the Auditor, subject to the approval of the Executive Director.
ARTICLE IX
INSURANCE
Section 9.1. Purchase of Insurance. In conformance with the procedures and
criteria developed by it, the Board shall cause the Authority to purchase commercial insurance or
reinsurance, including errors and omissions and liability insurance, as determined by the Board
to be reasonably sufficient to cover liabilities of the Authority, including any liability of its
Members imposed by Government Code Section 895.2.
ARTICLE X
AMENDMENT OF BYLAWS
Section 10.1. Amendments of Bylaws. These Bylaws may be amended by the
Board at any regular or special meeting by an affirmative vote of four members of the Board,
provided that the Board shall not adopt, amend or repeal any provision of these Bylaws that
would cause these Bylaws to be inconsistent with the JEPA Agreement.
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Schedule 1
Designees forExecutive Director, Treasurer, Auditor, Secretary, Co-Counsel
Officer/Co-CounselAuthorized Deputy
Executive DirectorVice President of Real Estate, Engineering and Facilities,San
Diego Unified Port District
Assistant Vice President, Real Estate, San Diego Unified Port
District,or
Director, Real Estate, San Diego Unified Port District
Treasurer\[Information to be provided by City\]
Auditor\[Information to be provided by City\]
SecretaryDeputy District Clerk, San Diego Unified Port District
Port AttorneyAssistant General Counsel or Deputy General Counsel, San
Diego Unified Port District
City Attorney\[Information to be provided by City\]
2019-06-18 Agenda PacketPage 1459 of 1481
Attachment 3
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
by and between
CITY OF CHULA VISTA
and
SAN DIEGO UNIFIED PORT DISTRICT
creating the
For
CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY
dated as of
_______, 20__
2019-06-18 Agenda PacketPage 1460 of 1481
TABLE OF CONTENTS
Page
Section 1. Definitions.............................................................................................................. 2
Section 2. Purpose ................................................................................................................... 3
Section 3. Term ..................................................................................................................... 34
Section 4. The Authority ....................................................................................................... 34
A. Ratification and Confirmation of Creation of the Authority ....... 34
B. Governing Board ............................................................................ 4
C. Meetings of Board........................................................................ 45
D. Officers; Duties; BondsOther Authority Matters ......................... 56
Section 5. Powers .................................................................................................................. 79
Section 6. Termination of Powers ......................................................................................... 89
Section 7. Procurement Policy ................................................................................................ 9
Section 8. Fiscal Year ........................................................................................................... 89
Section 89. Disposition of Assets ........................................................................................... 89
Section 910. Contributions and Advances .............................................................................. 810
Section 1011. Bonds ................................................................................................................. 810
A. Authority To Issue Bonds .......................................................... 810
B. Bonds Limited Obligations ........................................................ 810
Section 1112. Agreement Not Exclusive .................................................................................. 911
Section 1213. Accounts and Reports ........................................................................................ 911
A. Audits ..................................................................................................................... 9
B. Audit Reports ......................................................................................................... 9
Section 1314. Funds .................................................................................................................. 911
Section 1415. Conflict of Interest Code .................................................................................. 1011
Section 1516. Breach .............................................................................................................. 1011
Section 1617. NoticesWithdrawal .......................................................................................... 1011
Section 1718. WithdrawalNotices .......................................................................................... 1012
Section 1819. Effectiveness .................................................................................................... 1012
Section 1920. Severability ...................................................................................................... 1012
Section 2021. Successors; Assignment ................................................................................... 1012
Section 2122. Amendment of Agreement ............................................................................... 1012
Section 2223. Form of Approvals ........................................................................................... 1012
Section 2324. Waiver of Personal Liability ............................................................................ 1112
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TABLE OF CONTENTS
(continued)
Page
Section 2425. Section Headings ............................................................................................. 1113
Section 2526. Counterparts ..................................................................................................... 1113
Section 2627. Designees of Officers of the Authority and Co-Counsel to the Authority;
Vice Chair to Act for Chair .............................................................................. 1113
Section 2728. Governing Law ................................................................................................ 1114
Section 2829. Integration ........................................................................................................ 1114
Section 30. Validity of Prior Actions ...................................................................................... 14
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AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(this Agreement, dated as of _______, 20__,and effective June __, 2019 (Effective Date), is
entered into by and between the CITY OF CHULA VISTA (the City a chartered city organized
and existing under the laws of the State, of California (the State), and the SAN DIEGO UNIFIED
PORT DISTRICT (the Port District a public corporation created by the State legislature in
1962 pursuant to the California Harbors and Navigation Code Appendix 1 (the as amended from
time to time, the Port Act,. This Agreement amends, restates, and supersedes in its entirety that
certain Joint Exercise of Powers Agreement creating the Chula Vista Bayfront Facilities Financing
Authority, dated as of May 1, 2014 (the Original Agreement), by and between the City and the
Port District (each of the City and the Port District shall be referred to individually as, a
Member)., and, collectively, the Members), which created the Chula Vista Bayfront Facilities
Financing Authority (the Authority).
DECLARATION OF PURPOSE
A. Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of the California
Government Code (known as the Joint Exercise of Powers Act and, as amended from time to
time, referred to herein as the Act) authorizes the City and the Port District to create a joint
exercise of powers entity which has the power to exercise any powers common to the City and the
Port District and to exercise additional powers granted to it under the Act, including but not limited
to the issuance of bonds (defined under Section 6585(c) of the Act) pursuant to Section 6588
thereof. This Agreement creates such an entity, which shall be known as the Chula Vista Bayfront
Facilities Financing Authority, for the purposes and to exercise the powers described herein. This
Agreement amends, restates, and supersedes that certain Joint Exercise of Powers Agreement
creating the Chula Vista Bayfront Facilities Financing Authority, dated as of May 1, 2014, by and
between the Port District and the City, in its entirety.).
B. Article 4 of the Act (known as the Marks-Roos Local Bond Pooling Act of 1985
Government Code Section 6584 et seq.) authorizes and empowers the Authority to issue bonds
and to purchase bonds issued by, or to make loans to, the City or the Port District or other public
or private entity for financing or providing interim financing for the acquisition, construction,
installation and improvement of public facilities and other public capital improvements, working
capital, liability and other insurance needs, or projects whenever there are significant public
benefits, as determined by the City or the Port District. The Marks-Roos Local Bond Pooling Act
of 1985 further authorizes and empowers the Authority to sell bonds so issued or purchased to
public or private purchasers at public or negotiated sale.
C. Each of the Members is empowered by law to promote economic development for
the benefit of the citizens of the City and the State.
D. Each of the Members may accomplish the purposes and objectives described in the
preceding preamble by various means, including through making loans or providing subsidies for
projects of public benefit that serve a public purpose.
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E. Each Member is also empowered by law to acquire and dispose of real property for
a public purpose.
F. The Act authorizes the Members to create a joint exercise of powers entity with the
authority to exercise any powers common to the Members, as specified in this Agreement, and to
exercise the additional powers granted to it in the Act and any other applicable provisions of the
laws of the State of California.
G. A public entity established pursuant to the Act is empowered to issue or execute
bonds, notes, commercial paper or any other evidences of indebtedness, including leases or
installment sale agreements or certificates of participation therein (as defined in Section 6585(c)
of the Act, Bonds and to otherwise undertake financing programs under the Act or other
applicable provisions of the laws of the State of California to accomplish its public purposes.
H. The Members have determined to specifically authorize a public entity authorized
pursuant to the Act to issue Bonds pursuant to the Act or other applicable provisions.
I. The Members have undertaken certain common efforts to create a master plan and
promote development of the approximately 535-acre Chula Vista Bayfront depicted on Schedule 1
attached hereto (Chula Vista Bayfront and have entered into that certain Amended and Restated
Chula Vista Bayfront Master Plan Financing Agreement dated June 20, 2017 (as amended from
time to time, the Financing Agreement
J. It is the desire of the Members to use a public entity established pursuant to the Act
to undertake the financing and/or refinancing of portions of the Chula Vista Bayfront project
contemplated by the Financing Agreement.
K. It is further the intention of the Members that the projects being undertaken in the
Chula Vista Bayfront will result in significant public benefits to the inhabitants of the jurisdictions
of the Members.
TERMS OF AGREEMENT
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall for all purposes of this Agreement have the meanings herein specified. Unless this
Agreement specifically provides otherwise, any reference to any statute or agreement shall include
amendments to such statute or agreement, and, in the case of any statute, successor legislation.
Act. The term Act means Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of
the Government Code (Section 6500 et seq.), as amended.
Agreement. The term Agreement means this Amended and Restated Joint Exercise of
Powers Agreement, as it may be amended from time to time, creating the Authority.
Authority. The term Authority means the Chula Vista Bayfront Facilities Financing
Authority created by this Agreement.
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Board; Board of Directors. The terms Board or Board of Directors mean the governing
board of the Authority established pursuant to, and consisting of the members selected in
accordance with, Section 4.B. hereof.
Board of Port Commissioners. The term Board of Port Commissioners means the Board
of Port Commissioners of the Port District.
Bonds. The term Bonds has the meaning set forth in the Declaration of Purpose, Recital
G above.
Brown Act. The term Brown Act means the Government Code provisions at
Section 54950 et seq. governing the notice and agenda requirements for meetings of government
agencies in the State and any later amendments, revisions, or successor enactments.
City. The term City means the City of Chula Vista, a charter city organized and existing
under the laws of the State.
City Council. The term City Council means the City Council of the City.
Effective Date. The term Effective Date means June __, 2019.
Fiscal Year. The term Fiscal Year has the meaning set forth in Section 78.
Governing Body. The term "Governing Body" means with respect to the City, the City
Council of the City, and means, with respect to the Port District, the Board of Port Commissioners.
Government Code. The term Government Code means the Government Code of the
State.
Harbors and Navigation Code. The term Harbors and Navigation Code means the
Harbors and Navigation Code of the State.
Indenture. The term Indenture means each indenture, trust agreement or other such
instrument or agreement pursuant to which Bonds are issued.
Marks-Roos Local Bond Pooling Act of 1985. The term "Marks-Roos Local Bond Pooling
Act of 1985" means Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code
(Section 6584 and following).
Member. The term Member or Members means the City and/or the Port District, as
appropriateapplicable.
Port District. Act. The term Port Act means Harbors and Navigation Code Appendix 1.
Port District. The term Port District means the San Diego Unified Port District, a public
corporation created by the State Legislature in 1962 pursuant to Harbors and Navigation Code
Appendix 1 (the Port Act.
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StateState means the State of California.
Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of
assisting in the financing and refinancing of capital improvement projects of the Members and
other activities of the Members as permitted under the Act relating to the Chula Vista Bayfront,
including as contemplated by the Financing Agreement or otherwise, by exercising the powers
referred to in this Agreement. The Authoritys jurisdiction shall be limited to the Chula Vista
Bayfront (as depicted on Schedule 1 attached hereto) unless otherwise provided by amendment of
this Agreement.
Section 3. Term. This Agreement shall become effective as of the date hereofEffective
Date and shall continue in full force and effect until terminated by a supplementalwritten
agreement of the Port District and the City; provided, however, that the initial terms of the
members of the Board and the officers of the Authority shall commence upon the appointment of
the initial Board members, and the duties and responsibilities of the members of the Board and the
officers of the Authority (including, without limitation, the responsibility to make or cause to be
made an audit and audit reports) shall commence therewith; and provided further, however, that
in no event shall this. This Agreement shall not terminate while any Bonds or other obligations of
the Authority remain outstanding under the terms of any indenture, trust agreement, contract,
agreement, lease, sublease or other instrument pursuant to which such Bonds are issued or other
obligations are incurred.
Section 4. The Authority.
A. Ratification and Confirmation of Creation of the Authority. There is hereby
createdCreation of the Authority pursuant to the Original Agreement and the Act an authority and
Chula Vista Bayfront Facilities Financing Authorityis hereby
ratified and confirmed. As provided in the Act, the Authority shall be a public entity separate from
the City and the Port District. TheExcept to the extent provided in Section 6508.1 of the Act, the
debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations
of the City or the Port District.
Within thirty (30) days after the effective dateEffective Date of this Agreement or any
amendment hereto, the Authority will cause a notice of this Agreement or amendment, as
applicable, to be prepared and filed with the office of the Secretary of State of the State and the
office of the Controller of the State in the manner set forth in Section 6503.5 of the Act. Within
thirty (30) days after the effective dateEffective Date of this Agreement or any amendment hereto,
a full copy of this Agreement and any amendment shall be filed with the Controller of the State
and the San Diego County Local Agency Formation Commission as set forth in Section 6503.6 of
the Act.
The Board may adopt such by-laws, policies and procedures as it deems necessary or
desirable for the administration and operation of the Authority.
B. Governing Board. The Authority shall be administered by the Board,
which. The Board shall be comprised of five members consisting, each of which must at all times,
in the case of the Port District, be a member of the Board of Port Commissioners or an employee
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of the Port District, or, in the case of the City, a member of the City Council or an employee of the
City. The Board shall consist of (i) two members appointed by the City Council, (ii) two members
appointed by the Board of Port Commissioners, and (iii) the Port Commissioner appointed by the
City Council. Board members shall be designated from time to time by action of the City Council
and the Board of Port Commissioners, respectively, certified copies of which designation shall be
delivered to the Secretary. Board Members must be members of the governing body or employees
of the Port District or the City, as applicable.Authority (the "Secretary") designated in Section 4.D
hereof. The term of office as a member of the Board shall terminate when such member of the
Board (i) shall be replaced by action of the City Council (with respect to Board members appointed
by it, including the Port Commissioner appointed by it) or the Board of Port Commissioners (with
respect to Board members appointed by it), or (ii) shall cease to hold his or her respective office
or employmentbe an employee at the City or the Port District, as the case may be.
The Board may adopt such bylaws (the "Bylaws") as it deems necessary or desirable for the
administration and operation of the Authority. The Board may adopt such policies and procedures
as it deems necessary or desirable for the administration and operation of the Authority, which
shall include such policies and procedures as are necessary to assure compliance with the Brown
Act.
C. Meetings of Board.
(1) Time and Place. The Board shall hold its regular meetings at
such times and at such locations as may be established by the Bylaws or by resolution of the Board
or pursuant to bylaws of the Authority. The Board may suspend the holding of regular meetings
so long as there is no need for Authority business, and; provided that any action taken regarding
the sale of Bonds the Board shall occur by resolution placed on a noticed and posted hold at least
one regular meeting agenda consistent with the requirements for each year and no regular meetings
undershall be scheduled at the same time as a meeting of the City Council or the Brown ActBoard
of Port Commissioners. At all times, each regular meeting of the Authority shall take place
pursuant to a 72-hour notice and agenda requirement or as otherwise provided by the Brown Act.
The Board may hold special meetings at any time and from time to time in accordance with
the Brown Act. A special meeting may be called at any time by the Secretary of the Authority or
the Executive Director of the Authority by delivering written notice to each Board member;
provided, however, no special meetings shall be scheduled at the same time as a meeting of the
City Council or Board of Port Commissioners. Such written notice may be dispensed with as to
any Board member who at or prior to the time the meeting convenes files with the Secretary of the
Authority a written waiver of notice. Such waiver may be given by telegram, telecopy or electronic
mail. Such written notice may also be dispensed with as to any member who is actually present at
the meeting.
Nothing contained in this Agreement shall be construed to prevent the Board from holding
closed sessions during a regular or special meeting concerning any matter permitted by law to be
considered in a closed session.
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All public hearings held by the Board shall be held during regular or special meetings of
the Board. MeetingsRegular and special meetings of the Board may be held by teleconference in
accordance with the provisions of the Brown Act and such procedures as the Secretary shall
establish from time to time.
The Board may adjourn any meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all Board members are
absent from any regular meeting or adjourned regular meeting, the Secretary or acting Secretary
of the Authority may declare the meeting adjourned to a stated time and place and shall cause a
written notice of the adjournment to be given in the same manner as provided for special meetings
unless such notice is waived as provided for special meetings. A copy of the order or notice of
adjournment shall be conspicuously posted on or near the door of the place where the meeting was
held within 24 hours after the time of the adjournment. When a regular or adjourned regular
meeting is adjourned as provided in this Section, the resulting adjourned regular meeting is a
regular meeting for all purposes. When an order of adjournment of any meeting fails to state the
hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular
meetings.
Any public hearing being held, or any hearing noticed or ordered to be held at any meeting
may by order or notice of continuance be continued or recontinued to any subsequent meeting in
the same manner and to the same extent set forth herein for the adjournment of the meetings;
provided that, if the hearing is continued to a time less than 24 hours after the time specified in the
order or notice of hearing, a copy of the order or notice of continuance shall be posted immediately
following the meeting at which the order or declaration of continuance was adopted or made.
The Chair of the Board or the Executive Director of the Authority shall prepare or approve
the agenda of all meetings. Business will be conducted according to the agenda, except when
determined by the Board as permitted by law.
The presiding officer at the meeting shall determine the rules of conduct.
(2) Legal Notice. All regular and special meetings of the Board
shall be called, noticed, held and conducted subject to the provisions of the Brown Act.
(3) Minutes. The Secretary of the Authority shall cause minutes of
all meetings of the Board to be kept and shall, as soon as practicable after each meeting, cause a
copy of the minutes to be forwarded to each member of the Board and to the City and the Port
District.
(4) Quorum. A majority of the; Required Vote for Action. Four
members of the Board shall constitute a quorum for the transaction of business, except that if less
than a quorum is present at any meeting, the Secretary or any Board member who is present at the
meeting may adjourn meetings from time to time. Any action or decision of the Authority shall
be on motion duly approved by a majorityfour members of the Board (i.e., three members) at a
lawfully held meeting.
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D. Officers; Duties; BondsOther Authority Matters.
(1) Officers; Duties; Official Bonds. The officers of the Authority
shall be the Chair, the Vice Chair, the Secretary, the Executive Director, the Treasurer, the Auditor
and the Executive Director. Auditor. Terms of each of the officers of the Authority shall be
established pursuant to the Bylaws.
(A) Chair. The Chair of the Authority (the Chair) shall be thea
Board member selected to serve as Chair by action of the Board. The term of office shall be the
same as the term of the Mayor of the City. The Chair shall preside at all meetings of the Authority,
and shall submit such information and recommendations to the Board as he or she may consider
proper concerning the business, policies and affairs of the Authority.
(B) Vice Chair. The Vice Chair of the Authority (the Vice
Chair) shall be thea Board member who is selected to serve as Vice -Chair by action of the Board.
The term of office shall be the same as the term of the Mayor of the City. The Vice Chair shall
perform the duties of the Chair in the absence or incapacity of the Chair. In case of the resignation
or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair, until
such time as a new Chair is selected or appointedby action of the Board.
(C) Secretary. The Secretary is not required to be a member of
the Board and shall serve until a successor is designated by the Board. The Clerk of the Port
District is hereby designated as the Secretary of the Authority. The Secretary shall keep the records
of the Authority, at the offices of the Port District. The Secretary shall act as Secretary at the
meetings of the Authority and record all votes, and shall keep a record of the proceedings of the
Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties
incident to the office.
(A) Treasurer and Auditor. The Chief Financial
Officer/Treasurer of the Port District is hereby designated as the Treasurer and Auditor of the
Authority. Subject to the applicable provisions of any trust agreement, indenture or resolution
providing for a trustee or other fiscal agent, the Treasurer is designated as a public officer or person
who has charge of, handles, or has access to any property of the Authority and, as such, shall file
an official bond if so required by the Board of the Authority pursuant to Section 6505.1 of the Act.
The Treasurer shall have the powers, duties and responsibilities specified in Section 6505.5 of the
Act.
(D) Executive Director. The President/CEO of the Port District,
who may, but is not required to be, a member of the Board, is hereby designated the Executive
Director of the Authority and(the "Executive Director"). The Executive Director shall be
responsible for execution and supervision of the affairs of the Authority. Except as otherwise
authorized by resolution of the Board, the Executive Director
shall sign all agreements, contracts, deeds and other instruments executedrequiring execution by
the Authority. In addition, subject to the applicable provisions of any trust agreement, indenture
or resolution providing for a trustee or other fiscal agent, the Executive Director is designated as a
public officer or person who has charge of, handles, or has access to any property of the Authority
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and, as such, shall file an official bond if soas required by the Board pursuant to Section 6505.1 of
the Act., which official bond shall be in the amount of $25,000.
(E) Treasurer. The Director of Finance of the City, who may,
but is not required to be, a member of the Board, is hereby designated as the Treasurer of the
Authority (the "Treasurer"). The Treasurer shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act. Subject to the applicable provisions of any trust agreement,
indenture or resolution providing for a trustee or other fiscal agent, the Treasurer is designated as
a public officer or person who has charge of, handles, or has access to any property of the Authority
and, as such, shall file an official bond as required pursuant Section 6505.1 of the Act, which
official bond shall be in the amount of $25,000.
(F) Auditor. The Director of Finance of the City, who may, but
is not required to be, a member of the Board, is also hereby designated as the Auditor of the
Authority (the "Auditor"). The Auditor shall perform the functions assigned to the auditor in
Section 6505(b) of the Act relating to audits and in Section 6505.5 of the Act relating to payments.
Subject to the applicable provisions of any trust agreement, indenture or resolution providing for
a trustee or other fiscal agent, the Auditor is designated as a public officer or person who has
charge of, handles, or has access to any property of the Authority and, as such, shall file an official
bond as required pursuant Section 6505.1 of the Act, which official bond shall be in the amount of
$25,000.
(2) Audits and Reports. So long as required by Sections 6505 and
6505.5 of the Act, the Treasurer of the Authority Auditor shall prepare or cause to be prepared:
(a) a special audit as required pursuant to Section 6505 of the Act no less frequently than once in
every two-year period during the term of this Agreement;. The Auditor shall, within the time
necessary to comply with the requirements of the Act, file a report of any audit performed pursuant
to this Section 4.D (2) as required by the Act and (b) shall send a copy of such report to the public
entities required to receive such report in accordance with the requirements of the Act. So long as
required by Section 6505.5 of the Act, the Treasurer shall prepare or cause to be prepared a report
in writing, as required by Section 6505.5(e) of the Act, on the first day of July, October, January
and April of each year, which report shall be delivered to the Board, the City and the Port District,
and which report shall describe the amount of money held by the Treasurer of the Authority for
the Board, the amount of receipts since the last such report, and the amount paid out since the last
such report (which may exclude amounts held by a trustee or other fiduciary in connection with
any Bonds to the extent that such trustee or other fiduciary provides regular reports covering such
amounts). Any costs of any audit required pursuant to the Act, including costs of contracts with,
or employment of certified public accountants or public accountants, shall be borne by the
Authority and shall be a charge against any unencumbered funds of the Authority available for
such purpose.
(3) The services of the officers shall be without compensation by
the Authority unless said officers are otherwise compensated as employees of the City or the Port
District. The City and the Port District will provide such other administrative services as required
by the Authority, and shall not, unless otherwise determined by a resolution of the Board of the
Authority, receive economic remuneration from the Authority for the provision of such services.
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(4) The Board shall have the power to appoint such other officers
and employees as it may deem necessary and to retain independent counsel, consultants and
accountants.
(3) Compensation for Services. The cost of the services performed
by the officers, who are employed by the Members, may be reimbursed by the Authority in
accordance with a separate agreement to be entered into between the Members and the Authority.
(4) Additional Officers, Advisors, Consultants, Counsel. The Board
shall have the power to appoint such other officers as it may deem necessary and to retain such
advisors, consultants and experts, including accountants, as the Board shall deem necessary or
desirable. The Port Attorney of the Port District (the "Port Attorney") and the City Attorney of
the City (the "City Attorney") shall act as co-counsel to the Authority; provided, however, the
Board of Port Commissioners, as it relates to the Port Attorney, and the City Council, as it relates
to the City Attorney, shall consent to the appointment of its respective counsel to serve as co-
counsel to the Authority prior to the Port Attorney or City Attorney acting on behalf of the
Authority. The Board may retain or engage such advisors, consultants, experts and counsel on
such terms and at such rates of compensation as the Board may determine, for the performance of
Authority business and affairs, provided that adequate sources of funds are identified for the
payment of such advisors, consultants, experts and counsel.
(5) Privileges and Immunities. All of the privileges and immunities
from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers
compensation and other benefits which apply to the activities of the members of the Board of Port
Commissioners, members of the City Council, officers, agents or employees of the Members when
performing their respective functions within the territorial limits of their respective Member, shall
apply to them to the same degree and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of this Agreement.
(6) No Deemed Employment. None of the officers, agentsadvisors,
consultants, experts or employeescounsel, if any, directly employedappointed or retained by the
Authority in connection with the issuance of Bonds or as otherwise permitted under the Act, shall
be deemed, by reason of their employmentappointment or retention by the Authority, to be
employed by anyeither Member or, by reason of their employment by the Authority, to be subject
to any of the requirements of any Member.
(7) The Members hereby confirm their intent and agree that, as
provided in Section 4.A hereof and in the Act, the debts, liabilities and obligations of the Authority
shall not constitute debts, liabilities or obligations of the City or the Port District.
(7) Public Retirement System Contracts. Notwithstanding
Section 4.A, Section 6508.2 of the Act prohibits members of authorities created pursuant to the
Act from agreeing that retirement liabilities may not constitute debts, liabilities or obligations of
the members if the Authority contracts with a public retirement system (as such term is defined in
Section 6508.2 of the Act, a "public retirement system"). The Authority did not enter into a
retirement contract with any public retirement system subsequent to the effectiveness of the
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Original Agreement and does not currently have any retirement contract in effect with any public
retirement system. Each of the City and the Port District hereby agree that it will not amend this
Agreement to provide that the Authority may enter into a retirement contract with a public
retirement system.
(8) Authority Records. In any event, the Authority or the City shall
cause all records regarding the Authority's formation, existence, operations, any Bonds issued by
the Authority, obligations incurred by it and proceedings pertaining to its termination to be retained
for at least six (6) years following termination of the Authority or final payment of any Bonds
issued by the Authority, whichever is later. Any records not described in the preceding sentence
shall be maintained in accordance with the Records Retention Policy of the Port District, as it may
be amended from time to time.
(9) Confirmation of officers shall be the first order of business at the
first meeting of the Authority, regular or special, held in each calendar year.
(10)(9) Authority to Bind Authority. No Board member, or officer,
agent or employee of the Authority, without prior specific or general authority by the affirmative
a vote of four members of the Board, shall have any power or authority to bind the Authority by
any contract, to pledge its credit, or to render it liable for any purpose in any amount.
Section 5. Powers. The Authority shall have any and all powers, in its own name, which
are common powers of the City and the Port District,Members and any and all powers separately
conferred byunder applicable law, including, without limitation, by the Act, upon the Authority
for any purpose authorized under this Agreement. All such powers, whether common to the
Members or separately conferred by law upon the Authority, are specified as powers of the
Authority to the extent permitted by law, except any such powers which are specifically prohibited
to the Authority by applicable law.. To the extent required by Section 6509 of the Act, the
Authority's exercise of its powers is subject to thesuch restrictions upon the manner of exercising
the powersimposed on the City by the Constitution of the State, City. Charter, and applicable
State statutes.
The procedures of Chapter 2.56 of the Chula Vista Municipal Code, as they may be
amended from time to time , shall be the
policy, to the extent applicable to procurement by the Authority, until
and unless the Authority Board adopts a new procurement policy.
The Authority is hereby authorized, in its own name, to do all acts necessary or convenient
for the exercise of its powers for the purposes specified in this Agreement, including, but not
limited to, any or all of the following: to sue and be sued, including without limitation, bringing
a validation action pursuant to Section 860 of the California Code of Civil Procedure or any other
applicable statute related to validation actions; to make and enter into contracts; to employ agents,
consultants, attorneys, accountants, and employees; to acquire, hold or dispose of property,
whether real or personal, tangible or intangible, wherever located; and to issue Bonds or otherwise
incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable
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provision of law; and to pledge any property or revenues or the rights thereto as security for such
Bonds and other indebtedness.
Notwithstanding the foregoing, the Authority shall have any additional powers conferred
under the Act or under applicable law, insofar as such additional powers may be necessary to
accomplish the purposes set forth in Section 2 hereof.
Section 6.Termination of Powers. The Authority shall continue to exercise the powers
herein conferred upon it until the termination of this Agreement in accordance with Section 3
hereof.
Section 7. Procurement Policy. The Authority shall, by resolution, adopt a procurement
policy (the Procurement Policy). Such Procurement Policy may be the procurement policy of
the City or the Port District or the Authority may adopt a Procurement Policy separate from that
of the City or Port District.
Section 7.Section 8. Fiscal Year. Unless and until changed by resolution of the Board,
the Fiscal Year of the Authority shall be the period from July 1 of each year to and including the
following June 30, except for the first Fiscal Year, which shall be the period from the date of this
Agreement to June 30, 2014.
Section 8.Section 9. Disposition of Assets. Upon termination of this Agreement pursuant
to Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or
account of the Authority shall be returned in proportion to any contributions made as required by
Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of
concluding and dissolving the business affairs of the Authority. After rescission or termination of
this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal,
shall be distributed to the City and the Port District as they shall agree in writing, subject to
Section 910 hereof.
Section 9.Section 10. Contributions and Advances. Contributions or advances of public
funds and of personnel, equipment or property may be made to the Authority by the City and the
Port District for any of the purposes of this Agreement. Payment of public funds may be made to
defray the cost of any such contribution or advance. Any such advance made in respect of a
revenue-producing facility shall be made subject to repayment, and shall be repaid, in the manner
agreed upon by the City or the Port District, as the case may be, and the Authority, at the time of
making such advance is made as provided by Section 6512.1 of the Act. It is mutually understood
and agreed that neither the City nor the Port District has any obligation to make advances or
contributions to the Authority to provide for the costs and expenses of administration of the
Authority, even though either may do so. TheEach of the City or the Port District may elect to
allow the use of its personnel, equipment or property in lieu of other contributions or advances to
the Authority.
Section 10.Section 11. Bonds.
A. Authority To Issue Bonds. When authorized by the Act or other applicable
provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose
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of raising funds for the exercise of any of its powers or to otherwise carry out its purposes under
this Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board.
Among other things, the Marks-Roos Local Bond Pooling Act of 1985 authorizes the Authority to
execute and deliver or cause to be executed and delivered certificates of participation in a lease or
installment sale agreement with any public or private entity, or, at its option, to issue or cause to
be issued bonds, rather than certificates of participation, and enter into a loan agreement with the
public or private entity. Expenses for the services of bond counsel, financial consultants and other
advisors and for accounting or other services determined necessary for the successful development
of a public capital project may be paid from the proceeds of the Bonds to the extent permissible
under applicable law.
B. Bonds Limited Obligations. The Bonds, including the principal and any
purchase price thereof, and the interest and premium, if any, thereon, shall be special limited
obligations of the Authority payable solely from, and secured solely by, the revenues, funds and
other assets pledged therefor under theany applicable Indenture(s) and shall not constitute a charge
against the general credit of the Authority. The Bonds shall not be secured by a legal or equitable
pledge of, or lien or charge upon or security interest in, any property of the Authority or any of its
income or receipts except the property, income and receipts pledged therefor under the applicable
Indenture(s). The Bonds shall not constitute a debt, liability or obligation of the State or any public
authorityinstrumentality thereof, including the Port District and the City, other thanbut shall only
constitute the special limited obligation of the Authority as described above. Neither the faith and
credit nor the taxing power of the State or any public authorityinstrumentality thereof, including
the Port District and the City, shall be pledged to the payment of the principal or purchase price
of, or the premium, if any, or interest on the Bonds, nor shall the State or any public authority or
instrumentality thereof, including the Port District and the City, in any manner be obligated to
make any appropriation for such payment. The Authority shall have no taxing power.
No covenant or agreement contained in any Bond or Indenture shall be deemed to be a
covenant or agreement of any director,member of the Board, any member of the City Council, any
member of the Board of Port Commissioners or any officer, agent or employee of the Authority,
the City or the Port District in his or her individual capacity, and no directormember of the Board
or officer of the Authority executing a Bond shall be liable personally on such Bond or be subject
to any personal liability or accountability by reason of the issuance of such Bond.
Section 11.Section 12. Agreement Not Exclusive. This Agreement shall not be exclusive
and shall not be deemed to amend or alter the terms of any other agreements between the City and
the Port District.
Section 12.Section 13. Accounts and Reports. All funds of the Authority shall be strictly
accounted for in books of account and financial records maintained by the Authority, including a
report of all receipts and disbursements. The Authority shall establish and maintain such funds
and accounts as may be required by generally accepted accounting principles and by each
Indenture for outstanding Bonds (to the extent that such dutiesfunds and accounts are not
assignedrequired to be held by a trustee for owners of Bonds). The books and records of the
Authority shall be open to inspection at all reasonable times by the City and the Port District and
their representatives.
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The Authority shall require that each Indenture provide that the trustee appointed
thereunder shall establish suitable funds, furnish financial reports and provide suitable accounting
procedures to carry out the provisions of such Indenture. Said trustee may be given such duties in
said Indenture as may be desirable to carry out the requirements of this Section.
B. Audits. The Auditor of the Authority shall make or cause to be made an
audit of the books of accounts and financial records of the Authority in compliance with the
requirements of the Act. Any costs of the audit, including contracts with, or employment of,
certified public accountants or public accountants in making an audit pursuant to this Section, shall
be borne by the Authority and shall be a charge against any unencumbered funds of the Authority
available for that purpose.
C. Audit Reports. The Auditor of the Authority, as soon as practicable after
the close of each Fiscal Year, but in any event within the time necessary to comply with the
requirements of the Act, shall file a report of the audit performed pursuant to Subsection A of this
Section as required by the Act and shall send a copy of such report to public entities and persons
in accordance with the requirements of the Act.
Section 13.Section 14.Funds. Subject to the provisions of each Indenture for outstanding
Bonds providing for a trustee to receive, have custody of and disburse funds which constitute
Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse
Authority funds pursuant to applicable provisions of the Act and generally accepted accounting
procedures approved by the Boardprinciples and shall make the disbursements required by this
Agreement or otherwise necessary to carry out the provisions and purposes of this Agreement.
Section 14.Section 15. Conflict of Interest Code. The Authority shall, by resolution,
adopt a Conflict of Interest Code to the extent required by law. Such Conflict of Interest Code
may be the conflict of interest code of the City or the Port District or the Authority may adopt a
Conflict of Interest Code separate from that of the City or Port District.
Section 15.Section 16. Breach. If default shall be made by the City or the Port District
in any covenant contained in this Agreement, such default shall not excuse either the City or the
Port District from fulfilling its obligations under this Agreement, and each of the City and the Port
District shall continue to be liableresponsible for the payment of contributionscompliance with all
terms, covenants and the performance of all conditions that apply to it set forth herein contained.
The City and the Port District hereby declare that this Agreement is entered into for the benefit of
the Authority created hereby and the City and the Port District hereby grant to the Authority the
right to enforce by whatever lawful means the Authority deems appropriate all of the obligations
of each of the Members. Each and all of the remedies given to the Authority hereunder or by any
law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not
impair the right of the Authority to any or all other remedies.
Section 17. Withdrawal. Neither Member may withdraw from this Agreement if such
withdrawal would result in dissolution of the Authority while any Bonds or other obligations of
the Authority remain outstanding under the terms of any Indenture pursuant to which such Bonds
are issued or other obligations are incurred. Notwithstanding the foregoing, either Member may
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withdraw from this Agreement if the Board of Port Commissioners and the City Council approve
such withdrawal and concurrently with the effectiveness of such withdrawal, the Member
requesting approval to withdraw from this Agreement assigns this Agreement to another public
agency (as such term is defined in the Act), which public agency shall agree to assume the
obligations hereunder of the Member requesting approval to withdraw from this Agreement and
have delivered to the Port District and the City: (i) an executed counterpart of this Agreement; (ii)
a certified copy of the resolution adopted by the governing body of such public agency approving
this Agreement and execution and delivery of a counterpart of this Agreement to the Port District
and to the City; and (iii) such other documentation as shall be required by the Port District or by
the City. Such executed counterpart of this Agreement shall be deemed to constitute an
amendment of this Agreement and shall be filed as an amendment to this Agreement in accordance
with the provisions of the Act and Section 4.A hereof.
Section 16.Section 18. Notices. Notices to the City and the Port District hereunder shall
be sufficient if delivered to the Administrative Services/Finance Director of Finance of the City
and the City Manager of the City as to the City, and to the Chief Financial Officer/Treasurer of the
Port District, and the Director, Real Estate of the Port District as to the Port District.
Section 17. Withdrawal. Neither the Port District nor the City may withdraw from this
Agreement prior to the end of the term of this Agreement determined in accordance with Section 3.
Section 18.Section 19.Effectiveness. This Agreement shall become effective and be in
full force and effect and a legal, valid and binding obligation of the Port District and the City when
each party has executed a counterpart of this Agreementon the Effective Date.
Section 19.Section 20. Severability. Should any part, term, or provision of this
Agreement be decided by the courts to be illegal or in conflict with any law of the State, or
otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or
provisions hereof shall not be affected thereby.
Section 20.Section 21. Successors; Assignment. This Agreement shall be binding upon
and shall inure to the benefit of the successors of the partiesMembers. Except to the extent
expressly provided herein, neither partyMember may assign any right or obligation hereunder
without the written consent of the other.
Section 21.Section 22. Amendment of Agreement. This Agreement may be amended
by supplemental agreement executed by the Members at any time; provided, however, that: (i)
this Agreement may not be amended to provide that the Authority may enter into any retirement
contract with any public retirement system for any reason; (ii) the Agreement may be terminated
only in accordance with Section 3 hereof; and, provided further, that (iii) any such supplemental
agreement shall be subject to any restrictions contained in any Bonds or documents related to any
Bonds to which the Authority is a party.
Section 22.Section 23. Form of Approvals. Whenever an approval is required in this
Agreement, unless the context specifies otherwise, it shall be given: (A) in the case of the Port
District, by resolution duly adopted by the Board of Port Commissioners of the Port District; (B)
in the case of the City, by resolution duly adopted by the City Council of the City; and (C) in the
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case of the Authority, by resolution duly adopted by the Board. Whenever in this Agreement any
consent or approval or consent is required, unless the context specifies otherwise, the same shall
not be unreasonably withheld.
Section 23.Section 24. Waiver of Personal Liability. No Board member, of the Board,
no member of any committee established pursuant to the Bylaws (each, a "Committee"), no
member of the City Council, no member of the Board of Port Commissioners nor any officer or,
employee or agent of the Authority, the City or the Port District shall be individually or personally
liable for any claims, losses, damages, costs, injury and liability of any kind, nature or description
arising from the actions of the Authority or the actions undertaken pursuant to this Agreement, and
the Authority shall defend such Board members of the Board, members of any Committee,
members of the City Council, members of the Board of Port Commissioners, officers or,
employees or agents of the Authority or a Member against any such claims, losses, damages, costs,
injury and liability. Without limiting the generality of the foregoing, no Board member of the
Board, member of any Committee, member of the City Council, member of the Board of Port
Commissioners, officer or, employee or agent of the Authority or of any Member shall be
personally liable on any Bonds or be subject to any personal liability or accountability by reason
of the issuance of Bonds pursuant to the Act and this Agreement. To the fullest extent permitted
by law, the Board shall provide for indemnification by the Authority of any person who is or was
a member of the Board, a member of any Committee, a member of the City Council, a member of
the Board of Port Commissioners, or an officer, employee or other agent of the Authority or any
Member, and who was or is a party or is threatened to be made a party to a proceeding by reason
of the fact that such person is or was such a member of the Board, a member of any Committee, a
member of the City Council, a member of the Board of Port Commissioners, or an officer,
employee or other agent of the Authority or a Member, against expenses, judgments, fines,
settlements and other amounts actually and reasonably incurred in connection with such
proceeding, if such person acted in good faith and in the course and scope of his or her office,
employment or Authorityagency. In the case of a criminal proceeding, the Board may provide for
indemnification and defense of a member of the Board, a member of any Committee, a member of
the City Council, a member of the Board of Port Commissioners, or an officer, employee or other
agent of the Authority to the extent permitted by law.
Section 24.Section 25. Section Headings. All section headings contained herein are for
convenience of reference only and are not intended to define or limit the scope of any provision of
this Agreement.
Section 25.Section 26. Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 26.Section 27. Designees. of Officers of the Authority and Co-Counsel to the
Authority; Vice Chair to Act for Chair. Where reference is made to duties to be performed for
the Authority by a public official or an employee of the Port District who is an officer of the
Authority or by an employee of the City who is an officer of the Authority, such duties may be
performed by that person's duly authorized deputy as designated from time to time pursuant to
the Bylaws; provided however, that all agreements, contracts, deeds and other instruments
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requiring execution by the Authority shall be signed by the Executive Director or assistant.by such
other representative of the Authority as shall be designated in a resolution of the Board relating to
execution of the agreement, contract, deed or other instrument to be executed. Where reference is
made to actionsduties to be takenperformed for the Authority by the Port DistrictAttorney, acting
as co-counsel to the Authority, or by the City Attorney, acting as co-counsel to the Authority, such
actionduties may be exercised through the officers, staff or employees of the Port
Districtperformed by that person's duly authorized deputy as designated from time to time pursuant
to the Bylaws. As provided Section 4.D (1) (B) of this Agreement, the Vice Chair shall perform
the duties of the Chair in the absence or the City, as the case may be, in the manner provided by
lawincapacity of the Chair.
Section 27.Section 28. Governing Law. This Agreement is made in the State, under the
Constitution and laws of the State and is to be construed as a contract made and to be performed
in the State.
Section 28.Section 29. Integration. This Agreement is the complete and exclusive
statement of the agreement among the parties with respect to the subject matter hereof, which
supersedes and merges all prior proposals, understandings, and other agreements, whether oral,
written, or implied in conduct, between the parties relating to the subject matter of this Agreement.
Section 30. Validity of Prior Actions. The execution and delivery of this Agreement
shall have no effect on any actions taken by the Board pursuant to the Original Agreement and all
such actions shall remain valid and binding upon the Authority.
\[Remainder of page intentionally left blank.\]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives, as of the day and yeardate first set forth above written.
CITY OF CHULA VISTA
By: ________________________________
Mayor
Attest:
_____________________________________
City Clerk
Approved as to Form:
_____________________________________
City Attorney
SAN DIEGO UNIFIED PORT DISTRICT
By: ________________________________
President/CEO
Name: _______________________________
Title: ________________________________
Approved as to Form and Legality:
General Counsel
_____________________________________
Assistant/Deputy
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Schedule 1
\[Map of Chula Vista Bayfront Attached\]
(see attached)
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