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HomeMy WebLinkAbout2020/05/05 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. �® Dated: 5 t 2�'L>7 Signed: yr �r CHU�LA IY OF Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Gary Halbert, City Manager Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk Mike Diaz, Councilmember- District 4 Tuesday, May 5, 2020 5:00 PM Via Teleconference 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL *"REVISED 5/1/2020** PLEASE NOTE THAT, PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Members of the public can watch the meeting via livestream at https://chulavista.legistar.com/Calendar.aspx, on AT&T U-verse channel 99(throughout the County), and on Cox Cable channel 24(only in Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. HOW TO SUBMIT COMMENTS. Visit the online eComment portal for this meeting at: https://chulavista.granicusideas.com/meetings. The commenting period will be open shortly after the agenda is published for a particular meeting and will remain open through the meeting, as described below. All comments will be available to the public and the City Council using the eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period. Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit a comment, please contact the Office of the City Clerk for assistance at cityclerk@chulavistaca.gov or(619)691-5041. ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a City meeting by contacting the City Clerk's Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. *** City of Chula Vista Page 1 Printed on 51112020 City Council Agenda May 5,2020 CALL TO ORDER ROLL CALL: Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items 1 - 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to comment on one of these items, do so at https://chula vista.granicusideas.com/meetings/618-city-council-meetinglagenda_items. 1. 20-0154 WRITTEN COMMUNICATIONS Memorandum from Mayor Casillas Salas requesting an excused absence from the October 15, 2019 City Council meeting. Recommended action: Council excuse the absence. 2. 20-0173 EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING ALL BUSINESSES OPERATING WITHIN THE CITY TO PREPARE AND POST CITY-APPROVED SOCIAL DISTANCING AND SANITATION PROTOCOLS (INTRODUCTION AND ADOPTION; 4/5 VOTE REQUIRED) (FIRST READING) Department: Economic Development Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Council introduce and adopt the Emergency Ordinance, and place the Ordinance on first reading. 3. 20-0171 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 002-B-2020 (EFFECTIVE APRIL 23, 2020) OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES UPDATING FACE COVERING REQUIREMENTS AT ESSENTIAL BUSINESSES City of Chula Vista Page 2 Printed on 51112020 City Council Agenda May 5,2020 Department: City Attorney & City Manager Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended action: Council adopt the resolution. 4. 19-0570 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2019/20 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, "WILLOW STREET BRIDGE REPLACEMENT PROJECT - ENVIRONMENTAL MITIGATION COMPLIANCE" (STL0444)-1 AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: Engineering Department Environmental Notice: The Project was adequately covered in previously adopted Final Mitigated Negative Declaration IS-10-006 and associated Addenda 1, 2 and 3 for the Phase II - Willow Street Bridge Replacement Project and previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFR) Title 23, Section 771. Thus, no further California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental review or determination is required. Recommended Action: Council adopt the resolution. 5. 20-0126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING INSTALLATION AND MAINTENANCE OF TRANSIT SHELTERS AND BENCHES THROUGHOUT THE CITY, AND ALLOWING ADVERTISING ON SHELTERS AND BENCHES INSTALLED IN ACCORDANCE WITH THE MOU Department: Engineering Department Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15332 Class 32 (In-Fill Development Projects). Recommended Action: Council adopt the resolution. City of Chula Vista Page 3 Printed on 51112020 City Council Agenda May 5, 2020 6. 20-0022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAFT MASTER PLAN FOR THE 2.286-ACRE TOWN SQUARE PARK P-31N MILLENIA, THE NAME "METRO PARK," AND THE METRO PARK CONDITIONS OF APPROVAL Department: Development Services Department Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Recommended Action: Council adopt the resolution. 7. 20-0132 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2020-21 FOR OPEN SPACE DISTRICTS 1 THRU 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE, TOWN CENTER AND BAY BOULEVARD OF THE CITY OF CHULA VISTA PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2020-21 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 9, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, AND D), AND BAY BOULEVARD MAINTENANCE DISTRICT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2020-21 ASSESSMENTS FOR OPEN SPACE DISTRICTS 10, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE E), AND TOWN CENTER MAINTENANCE DISTRICT City of Chula Vista Page 4 Printed on 5/112020 City Council Agenda May 5, 2020 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2020-21 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2020-21 ASSESSMENTS FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C) Department: Finance Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolutions and set the public hearing for June 9, 2020. 8. 20-0148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO LOCAL 2180, RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU Department: Human Resources Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. City of Chula Vista Page 5 Printed on 51112020 City Council Agenda May 5, 2020 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons commenting during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, you may do so at https://chula vista.granicusideas.com/meetings/618-city-council-meetinglagenda_items. 9. 20-0175 PUBLIC COMMENTS RECEIVED for May 5, 2020 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at https://chulavista.granicusideas.com/meetings/619-city-council-meeting/agenda items. 10. 20-0161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 90-DAY COVID-19 ECONOMIC RECOVERY PLAN AND APPROPRIATING $200,000 FROM THE THIRD AVENUE SMALL BUSINESS LOAN PROGRAM FOR THE IMPLEMENTATION OF THE ECONOMIC RECOVERY PLAN (4/5 VOTE REQUIRED) Department: Economic Development Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Council adopt the resolution. CITY MANAGER'S REPORTS MAYOR'S REPORTS COUNCILMEMBERS' COMMENTS CITY ATTORNEY'S REPORTS ADJOURNMENT in memory of Rufino "Pie"Roque, November 17, 1939-April 15, 2020. to the regular City Council meeting on May 12, 2020, at 5:00 p.m., in the Council Chambers. City of Chula Vista Page 6 Printed on 51112020 City Council Agenda May 5,2020 Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 7 Printed on 511/2020 I A OFFICE OF THE MAYOR Mary Casifflas, Salas MEMORANDUM Date: April 20, 2020 T . City Council From y r Mary c sill s Sallas Subject: Absence October 1 201 Please excuse my absence from the city council meeting of October 15, 2020. represented the city, Metropolitan Transit System and the San Diego Association f Governments t the annual American PublicTransportation Association annual conference. Thank you. 276 Fourth aCalifornia *Fax(619)476-5379 2020-45-05 Agenda Packet, sa@ av*lsc . Page 8 of 534 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 May 5,2020 File ID: 20-01173 TITLE Emergency Ordinance of the City of Chula Nista requiring all businesses operating within the City to prepare and post City-approved social Distancing and sanitation protocols RECOMMENDEDT Council introduce and adopt the Emergency Ordinance,and place the Ordinance on first reading. SUMMARY In response to the ongoing pandemic, COVID-1' ,the City has taken steps to protect the public health of the residents of and visitors to Chula Vista... In an effort to reduce the spread of COVID-19 and best utilize City resources, staff recommends the City Council adopt an ordinance requiring all businesses operating within the City of Chula Vista to prepare, obtain approval from the City Manager or his,/her designee and post at all entrances to the business a social Distancing and sanitation Protocol that will be routinely inspected for compliance by available City staff resources. Failure to comply with the proposed Ordinance would be punishable as a misdemeanor,pursuant to Chula Vista.]Municipal Code Chapter, 1.20. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with. the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project 11 as defined under section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to section 1,5060(c)(3)of the state CEQA Guidelines,the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an. Exemption pursuant to section. 15 061.(b) 3) of the California Environmen.tal Quality Act state Guidelines.'Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In Chula Nista, there are multiple applicable "Emergency Orders" that govern business operations and implement the current state-vide "stag athome" order. These Emergency Orders include: (1) California Governor Newson's Executive Order N-33-20 (the "Governor's Order"); (2) the Health Officer Order and Emergency Regulations issued by the County of say Diego effective Marc.29,2020, April 10,2 o2 o and April 27,.20.20 (the"County Orders");and, (3) Chula Vista's local adoption ofthese orders pursuant to City Council Ordinance No. 3484-A (the "City Order"). The overall effect of these Orders is to only allow businesses P 11 2020-05-05 Agenda Packet, Page 9 of 534 identified as "essential to the critical infrastructure workforce" to operate at this time. The proposed Ordinance would require all "essential"businesses that are currently operating in the City of Chula Vista to prepare, obtain city approval and post at all entrances to the business a Social Distancing and Sanitation Protocol. As the Cit prepares to move from an active, COVID-19 response phase toward a recover phase, it is Y Y I anticipated that businesses currently deemed 'non-essential"'will begin to reopen in the future. To support the reopening of Chula Vista businesses in a manner that protects public health and safety, the proposed Ordinance would require any business planning to reopen, to prepare, obtain approval and post at all entrances to the business a Social Distancing and Sanitation Protocol before that business reopens. Failure to comply with proposed Ordinance would be punishable as a misdemeanor pursuant to Chula Vista Municipal Code Chapter 1.20. DIECISION­,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 § 8,7 100, 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. CURRENY­YEAR FISCAL IMPACT The COVIN-19 pandemic and the City's related response creates a wide range of potential fiscal impacts to the City; however, adoption of the proposed Ordinance imposes no direct fiscal impact to the General Fund as these efforts will be carried out by existing staff resources. ONGOING FISCAL IMPAC oil The COVIN-19 pandemic and the City's related response creates a wide range of potential fiscal impacts to the City and the adoption of the proposed Ordinance imposes no direct fiscal impact to the General Fund. Staff will continue to monitor the economic effects and staff-related expenses caused by the City's response to COVIN-19. ATTACI IMENTS 1. Sanitation Protocol Atta&hment 1 and 2 StaffContact: Kevin Pointer,,Senior Economic Development Specialist Page 2 2020-05-05 Agenda Packet, Page 10 of 534 ORDINANCE NO. EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING ALL BUSINESSES OPERATING G WITHIN TIME, CITY TO PREPARE AND POST CITY-APPROVED SOCIAL DISTANCING AND SANITATION PROTOCOLS OLS WHEREAS, in January 2020, as a result of the COVID 19 virus, the World Health Organization "WHO") declared a Public Health Emergency of International. Concern and the United States Secretary of Health and Human Services declared a Public Health Emergency; and WHEREAS, on February 14, 020, the San Diego County health Officer declared a Local Health Emergency as a result of the COVID-19 virus, which was subsequently ratified by the Beard of Supervisors Can.February 19, 020; and WHEREAS, Can March 4, 2020, as the number of confirmed cases and deaths related to COVID-19 continued to rise, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiplegdepartments, prepare for a broader spread of COVID- state agencies an an e the Mate 19V; and WHEREAS, on. March 13, 20 , the President of the United States declared a national emergency as a result of the COVID 19 virus; and. WHEREAS, on March 13, 2020,, due to the escalating number of COVID-19 virus cases nationwide e anwithin California, the City of Chula Vista Director of Emergency Services issue a Proclamation declaring a Local Emergency, as authorized by Government Code section 8630 and Chula Vista Municipal Code section.2.14.080(a),which was,subsequently ratified and adopted by the Chula Vista.City Council on March 17, 020; and WHEREAS,the Centers for Disease Control and.Prevention,the California Department of Public Health, and the Sari Diego County Department of Public Health have all issued recommendations and orders, including,but not limited to, social distancing, staying home if sick, canceling or postponing large group everts, working from. home, and other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, pursuant to California Health and Safety Code sections 101040, 120175, and 120175.5 (b)the Health Officer of the County of San Diego ("Health Officer")has issued multiple Orders of the Health Officer and Emergency Regulations (the "County Orders") mandating and prohibiting certain activities, including g the following, with certain. limited exceptions: the requirement that all persons stay at home; the prohibition of all public and,private "gatherings"of more than oneperson;the closure of all non-essential businesses;the cessation of classes and other school activities; cloth face covering requirements; and social distancing protocols; and WHEREAS, the County Orders also require businesses to complete and post either the County's "Social Distancing and Sanitation :protocol," or a substantially similar form required by another governmental agency, for each facility in the County that is open to the public; and 2020-05-05 Agenda Packet, gage].I of 534 Emergency Ordinance No. Page No. 2 WHEREAS,, pursuant to Health and Safety Code section 120175.5(b) and the County Orders, all governmental entities in San Diego County are required to take necessary measures within the governmental entity's control to ensure compliance with the County Orders; and WHEREAS, during this Local Emergency, in the interest of protecting the public health and preventing transmission of COVID-19, and consistent with the County's Orders, the City Council of the City of Chula Vista finds that it is essential to develop City-specific Social Distancing and Sanitation Protocols for all Chula Vista businesses ("City Protocols"); and WHEREAS, the City Protocols will be required for all "essential" businesses currently operating in the City, and for those deemed"non-essential," as those businesses reopen; and WHEREAS, it is the City's intent that the City Protocols be implemented in place of the County's Protocols, in accordance with the County Orders allowing other governmental entities to implement these requirements; and WHEREAS, based on the facts and circumstances stated above, the Chula Vista City Council hereby finds that it is necessary to establish this Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter section 311(d), for preserving the public peace, health, safety, and general welfare as a result of the impacts of the COVID-19 virus. NOW, THEREFORE, the City Council of the City of Chula Vista does, ordain as follows: Section 1. All businesses operating in the City of Chula Vista shall prepare,obtain City approval and post at all entrances to the business a Social Distancing and Sanitation Protocol. 1. Findings. The City Council of the City of Chula Vista hereby fully incorporates the above Recitals into this Ordinance and finds that they are true and correct. 2. Social Distancingand Sanitation Protocol. A temporary Social Distancing and Sanitation Protocol requirement is hereby enacted as follows: A. It shall be unlawful and prohibited for a business to operate within the City of Chula Vista without a Social Distancing and Sanitation Protocol prepared by the business, approved by the City Manager or his/her designee, and posted at all, entrances to the business. B. A business for the purposes of this Ordinance shall be defined pursuant to Chula Vista Municipal Code 5.0 .01.0. . C. A Social Distancing and Sanitation. Protocol for the purposes of this Ordinance is represented in Attachment I to this Ordinance. In preparing a Social Distancing and Sanitation Protocol, all Chula Vista businesses shall provide documentation to the City as prescribed in Attachment 2 to this Ordinance. Both Attachments are incorporated into the Ordinance by this reference and may be amended from time-to-time by the 2020-05-05 Agenda Packet, Page 12 of 534 Emergency Ordinance Page o. 3 City Manager at his/her sole discretion, in consultation with the City Attorney. This Ordinance, Attachments I and 2, and any amendments to the Attachments shall be publicly available through the Office of the City Clerk, and 3. Penalties-Remedies. Violation of this Ordinance shall be punishable as a misdemeanor pursuant to Chula Vista Municipal Code Chapter 1.20. This Ordinance may also be enforced as otherwise provided for in the Chula Vista Municipal Code. 4. Rules and Regulations. The City Manager (pursuant to Chula Vista Charter Section 401) may also make and issue rules and regulations to implement this Ordinance. 5. Duration. This Ordinance shall remain in effect for as long as necessary to protect the public health, safety, and welfare during the COVIN-19 crisis, and until repealed by the City Council, accordingly. Section 11. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid,, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 111. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, but not to contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date Based on the facts and circumstances set forth above, it is necessary to establish this Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter section 311(d), for preserving the public peace, health, safety, and general welfare as a result of the COVIN-1 virus and is hereby effective upon passage by City Council. The Clerk shall also ensure that this Ordinance be published and presented to the City Council for second reading and adoption, in accordance with Charter sections 311 and 312. In the event of conflict of effective dates, this Ordinance shall be effective upon the earliest lawful effective date. Section V. Publication 2020-05-05 Agenda Packet, Page 13 of 534 Emergency Ordinance No. Page No. 4 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2020-05-05 Agenda Packet, Page 14 of 534 Rev: 5/5/2020 SOCIAL DISTANCING AND SANITATION PROTOCOL Attachment 1 to Ordinance No. All businesses in the City of Chula Vista must comply with the following prior to conducting business operations.- Required Signage Post signage at each public entrance to the business to inform all employees and customers that they must: • not enter the business if they have a cough or fever; • maintain a minimum six-foot distance from one an�other; • sneeze and cough pinto a cloth or tissue or, if unavailable, into one's elbow; • not shake hands or engage in any unnecessary physical contact; • wear a face coveringi/mask at all times, this applies to ALL, employees, and ALL customers 0 Post this "Social Distancing Protocol" at each public entrance to the facility. 0 Place signs (A-frame) outside the store reminding people to be at least six feet apart, including when in line. Place tape or other markings at least six feet apart in customer queuing areas inside the store and at public entrances with signs directing customers to use the markings to maintain distance., Required Distancing and Sanitation Protocols 0 Direct all employees who are able to carry out their work duties from to do so. 0 Instruct all employees not to come to work if sick. 0 Check symptoms of all employees before allowing them to enter the workspace. 0 Distribute this Protocol to all employees. 0 Separate all desks or individual workstations by a distance of at least six feet. 0 Instruct all employees to maintain at least six feet distance from customers and from each other, except that employees may momentarily come closer when necessary to, accept payment, deliver goods or services, or as otherwise necessary. 0 Do, not permit customers, to bring their own bags, mugis, or other reusable items from home. 0 Make disinfecting wipes that are effective against COVID-19 available near shopping carts and shopping baskets. 0 Assign employee(s) to disinfect carts and baskets regularly. 0 Ensure that hand sanitizer, soap and water, or effective disinfectant, is available to the public at or near the entrance of the facility, at checkout counters, and anywhere else inside the business or immediately outside where people have direct interactions. 0 Disinfect all payment portals, pens, and styluses after each use, and all high-contact surfaces frequently. 0 Separate order areas from delivery areas, to prevent customers from gathering. 0 Provide lids for cups and food/bar-type items by staff to customers, rather than by self- service. 0 Eliminate bulk-item food bins for customer self-service. 2020-05-05 Agenda Packet, Page 15 of 534 Rev: 5/5/2020 Make every reasonable effort to keep patrons a minimum distance of six feet away from each other through the use of strategies such as one-way aisles and through ensuring a maximum number of customers are allowed in the business at a time. • Refuse service to any customers refusing to uphold social +distancngi protocols or refusingi to wear a face covering in the interest of protecting the health of employees and customers. 2020-05-05 Agenda Packet, Page 16 of 534 Rev: 5/5/2020 ONLINE MEASURES TO BE, COMPLETED BY THE, BUSINESS Attachment 2 to Ordinance No. Sanitation Procedures • Providing for contactless, payment systems or, if infeasible, sanitizing payment systems regularly. Business is to provide a description of its payment system and methods of sanitation. • Break rooms, bathrooms, and other common areas, and frequently touched objects are being disinfected frequently, on a schedule described by the business incuding: breakrooms, bathrooms and other areas (e.g., front counter, doorknobs and handles, menus, etc.). • Disinfectant and related sanitation supplies are available to all employees at locations described by the business. • Hand sanitizer effective against COVID-1 9 (minimum 60% alcohol content), is available to all employees at locations described by the business. • Soap and water are available to, all employees at locations described by the business. • Businesses are encouraged to describe other sanitation measures it is taking to protect employees and the public. Maintaining Social Distancing: Preventing Crowds 0 Make every reasonable effort to keep customers a minimum of six feet away from each other through the use of strategies such as one-way aisles and through ensuring a maximum number of customers that are allowed in the establishment at a time as described by the business. • Limit the number of customers in the store at any one time to a number described by the business. 0 Post an employee at the dolor to ensure that the maximum number of customers in the facility set forth above is not exceeded. 0 The business is encouraged to describe other measures it is takings to prevent crowds and maintain social distancing (e.g. providing hours of operations available to specific populations, such as seniors). declare under penalty of perjury under the laws of the State of California that the information provided in this application is true and correct to the best of my knowledge. I certify that I will operate my business in accordance with all applicable Federal, State and City laws and regulations and in accordance with the protocols described above. / further understand that any false statements or deviations from the protocols listed above are a violation of the Chula Vista Municipal Code and are therefore subject to enforcement including fines and penalties. 2020-05-05 Agenda Packet, Page 17 of 534 Rev: 5/5/2020 Business Owner/Representative Signature: Date: Business Name and Location(s): 2020-05-05 Agenda Packet, Page 18 of 534 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 May 5,2020 File ID: 20-0171 „MITI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 0102-E-2020 (EFFECTIVE APRIL 23, 2020) OF THE CHULA VISTA DIRECTOR OF EMERGENCY ER IEE UPDATING FACE COVERING REQUIREMENTS AT ESSENTIAL BUSINESSES ACTIONRECOMMENDED Council adopt the resolution. SUMMARY This proposed resolution ratifies and confirms Emergency Order 002-E-2020 issued by the Chula. Vista. Director of Emergency Services,in accordance with Chula Vista Municipal Code section 2.14.080(F)(1 . ENVIRONMENTAL REVIEW The proposed resolution ratifying and confirming Emergency Order 002-13-2020 has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defied under, Section. 15378, of the state CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3) oft e State CEQA Guidelines,the activity is not subject to CE A. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION On March 17, 2020,the Chula Nista City Council, pursuant to Resolution No. 2020-0615,adopted and ratified a Proclamation declaring a Local Emergency issued by the Chula Nista Director of' Emergency Services ("Emergency Director"). The Proclamation was issued as a result of the worldwide COVID-19 pandemic, which has directly impacted the State of California, County of Sari Diego, and City of Chula Vista. Since that time,the number of cases in.the County of San Diego and particularly,the South Bay region that includes the City of Chula vista, has continued to rise. From April 14, 2020 to April 24, 20120,the total number of County cases that involved residents of the City of Chula Vista rose from 10.5% (202 persons) to 12.7% (387 persons). 1 . 0 0 1 P Ii1 2020-05-05 Agenda Packet, gage 19 of 534 During this unprecedented time,,the City is committed to protecting the public health of the residents of and visitors to Chula Vista,while best utilizing the City's resources to respond to the COVID-19 pandemic and the associated ongoing threat to public safety. Accordingly, the Emergency Director previously issued Emergency Orders 002-2020 and 002,-A-2,02,0,, Which were ratified and confirmed by City Council on April 21, 2020. Emergency Order 00�2-2020 adopted the San Diego Health Officer's Order, as it may be amended from time to time, as a City order so that violations of can be enforced using both state law and local law provisions., Emergency Order 002-A-202,0 ordered that City Council meetings would take place by teleconference until further notice; ordered the cancellation until further notice of City Board, Commission, and Committee; ordered all City parks,including dog parks,closed,and City trails closed where marred;and ordered all essential public and private workers and volunteers to wear face coverings if they have contact with the,public or prepare food for consumption by the public.Emergency Order 002,-B-2020,issued on April 22,2020 and effective April 23,2020,expands the face covering provisions to require members of the public to wear face coverings when they enter business facilities or service areas,including any line established for such entry. Emergency Order 00�2-B-2020 also makes individuals and business owners responsible for ensuring compliance with all face covering requirements. Pursuant to Chula Vista Municipal Code section 2.14.080(F)(1), rules and regulations issued by the Emergency Director must be confirmed by the City Council at the earliest practicable time. IXECISIOM-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-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for decision-maker conflict of interest in this matter. CURREN"I",-YEAR FISCAL IMPACT The COVID-19 pandemic creates a wide range of potential fiscal impacts to, the City; however, the subject resolution to ratify and confirm Emergency Order 002-B-2020 is unlikely to contribute in any significant way to such current-,year fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis,and a comprehensive report will be presented to council in the future. ONGOING FISCAL IMPAC0111 The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject resolution to ratify and confirm Emergency Order 002-B-2020 is unlikely to contribute in any significant way to such ongoing fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis, and a comprehensive report will be presented to council in the future. ATTACI IMENTS 1. Attachment A: Emergency Order No. 002-B-2020 Staff Contact: Gary Halbert;Glen Googins P 2 2020-05-05 Agenda Packet, Page 20 of 534 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HU A VIS"T"A RATIFYING AND CONFIRMING EMERGENCY ORDER 002-B-2020 (EFFECTIVE P'I IL 23, 2020) OF THE U A VIS"T"A DIRECTOR OF EMERGENCY SERVICES UPDATING FACE COVERING REQUIREMENTS ENTS A'T ESSENTIAL BUSINESSES WHEREAS, a worldwide COVIN-19 pandemic was declared by the World Health Organization on. January 30, 2020, and on. January 31, 2020, the United States Secretary of Health and Human Services also declared a Public Health Emergency as a result of the COVIN-19 virus; and WHEREAS, various states of emergency were declared by the United States (March 1.3, 2020), the State of California (March 4, 2020), and the County of San. Diego (February 19, 2020), because of the threat to public safety to persons and property including bath physical and economic harm) as result of the COVIN-1.9 virus; and. WHEREAS, on March 12, 2020, pursuant to California health and Safety Code sections 101040, 1.20175, and. 120 175.5 b) the Health Officer of the Counter of San Diego "Health Officer") issued an Order of the Health Officer and Emergency Regulations (the "Counter Order") closing certain businesses, prohibiting certain public and private gatherings, and restricting other activities in San. Diego County as a result of the COVIN-19 virus pandemic; and WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases nationwide, with many cases in the State of California, the City of Chula Vista Director of Emergency Services "Emergency Director") issued a Proclamation declaring a :focal Emergency, as authorized by Government Code section 8630 and Chula Nista Municipal Cede ("CVMC") Section 2.14.080(a), which was subsequently adapted and ratified by the Chula Vista City Council on March 17, 2020 pursuant to Resolution No. 2020-065 (collectively, the "Emergency Resolution")�, and WHEREAS, on March 16, 2020 and March 17, 2020, the County Order was subsequently amended and addended by the Health Officer to include additional rules and restrictions in ars effort to further promote public health and safety; WHEREAS,, pursuant to Health and Safety Code section 1201 I5.5(b) and the County Order, all governmental entities in San Diego County shall tale necessary measures within the governmental entity's control to ensure compliance with the County Order; and WHEREAS, in accordance with Chula Vista Municipal. Code section. 2.14.080(F)(1) the Emergency Director recommended that the City Council affirm and Page I of 2020-05-05 Agenda Packet, gage 21 of 534 adopt the County Order as a local measure in order to protect the life and property of the residents of Chula Vista affected by the emergency declared as a result of the COVID-19 virus; and WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No. 3484-A ("City Order"),, which affirmed and adopted the County Order as it existed on March 17,, 2020 and authorized the Director to expand or amend the City Order to apply to additional businesses or circumstances pursuant to his or her independent judgment consistent with the authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and WHEREAS, on March 17, 2020, the Governor of California issued Executive Order N-29-20 which ordered, among other things, that all requirements of the Bagley- Keene Act and the Brown Act requiring the physical presence of members, personnel, or the public, were waived, and that legislative bodies could hold meetings via teleconferencing ("State Order 29-20"); and WHEREAS, on or about March 18, 2020, March 23, 2020, March 29,, 20201 April 2, 2020, and April 3, 2020, and April 9, 2020, and April 10, 2020 the County Health Officer issued a series of amendments and addendums to the County Order; and WHEREAS, on March 191 2020, the Governor of California issued Executive Order N-33-20 which ordered, among other things, all Californians to stay at home, with limited exceptions ("State Order 33-20"'); and WHEREAS,, the number of COVID-19 virus cases continue to increase in both the State of California (htt s //www.cdc. ov/media/releases/2020/s-0303-.A.dditional- COVID-19-infections.html) and in the City of Chula Vista (htt s:// ww.satidieocour t . ov/cor tent/dam/sdc/hhs,a/ ro rams/ lis/E i.dem.i.oIo / "Chs/EpidemioIogy/C0 VID-1.9%2O ail %2O date City%20oP/o2OResidence.pdf); and WHEREAS, on April, 9, 2020, the Emergency Director issued Emergency Order 002-2020, which affirmed and adopted the Order of the Health Officer and Emergency Regulations issued by the County of San Diego Health Officer, as, that Order may be from time to time updated and amended, as the Order and Emergency Regulations of the City of Chula Vista; and WHEREAS, on April 10, 2020, the Emergency Director issued Emergency Order 020-A-2020 of the Chula Vista Director of Emergency Services (Effective April 11, 2020), which mandated, among other things, that City Council meetings be conducted via teleconference and City Board, Commission, and Committee meetings to be cancelled until further notice; that City parks and certain City trails be closed; and that essential Page 2 of 3 2020-05-05 Agenda Packet, Page 22 of 534 public and private workers wear face coverings while interacting with the public and preparing food for public consumption; and WHEREAS, on April 1, 2020, the City Council ratified and confirmed Emergency orders 002-2020 and 002-A-2020 of the Chula Vista Director of Emergency Services, and WHEREAS, on April 22, 2020, the Emergency Director issued Emergency Order o02-BN-2020 of the Chula Vista Director of Emergency Services (Effective April 23, 2020), attached hereto as Attachment A, which mandates that members of the public wear face coverings when entering essential businesses or service areas and makes individuals and business owners responsible for ensuring compliance with all face covering requirements and WHEREAS, Chula Vista Municipal. Code section 2.14.080(F)(1) authorizes the Emergency Director to make and issue rules and regulations reasonably related to the protection of life and property, subject to confirmation of the City Council at the earliest practical time. NOW, THEREFORE, based on the facts and circumstances set forth above, the City Council of the City of Chula Vista hereby resolves as follows: . Emergency order 002-B-2020 of the Chula Vista Director of Emergency Services effective April 23, 2020), attached hereto as Attachment A, is hereby ratified and confirmed. Presented by Approved as to form by Gary Halbert Glen R. 000gins City Manager/Director of Emergency Services City Attorney Page 3 of 3 2020-05-05 Agenda Packet, gage 23 of 534 DocuSign Envelope ID:A9AO2A76-957E-4A601-BO44-03D$E8D82F9B EMERGENCY ORDER OF THE C LILA VISTA DIRECTOR OF EMERGENCY SERVICES [Order No. 002-B-2,0201 CORRECTED Effective Date: April 23, 2020 Pursuant to CSV ICS section 2.14.0 8,0 [Director—Powers and Duties], Chula Vista City Council Resolution No. 2020-065, and Emergency Order 002-2020 of the Chula Vista Director of Emergency Services, the Chula Vista Director of Emergency Services ("Emergency Director") ORDERS AS FOLLOWS, Effective 12:00 a.m. on Thursday, April 23, 2020, and continuing in effect until further notice from, or contravening action by, the Emergency Director or the City Council: 1. City Council T' eel All City Council Meetings will be conducted via teleconference until further notice. Members of the City Council and staff may participate in City Council meetings via teleconference. The public may view the meeting on television and/or online,, and may submit comments online at https:Hchulavist,a.,granicusideas.com/meeti . Further information regarding public participation is described in the Chula Vista City Clerk's Open Meetings with Public Participation during Coronavirus/Covid-19 document (available at https://www.chulavistaca.,gov/departments/city-clerk . 2. City Board, Commission, and Committee Meetin s. All City Board, Commission, and Committee meetings are canceled until further notice, unless necessitated by emergency circumstances, as determined in the sole discretion of the City Manager, after consultation with the City Attorney("Emergency Order No. 002-2020"). 3. Parks and Trails. All City parks, including dog parks, are closed. City trails are closed where marked as closed. The foregoing does not prohibit public employees from engaging in maintenance or safety activities at these facilities. 4. Face Coverings. a. Essential Workers With Public Contact. All essential public and private workers and volunteers who have contact with the public within City boundaries shall wear a cloth face covering as described in the California Department of Public Health Face Covering Guidance issued on April 1, 2020 (available at: h,tts:// ww.cd, lh.ca. ov/Pro rams/CID/DCC /P`a cs/Face- over ngs-Guida cc.as x). b. Essential Workers Who Prepare Food. All essential public and private workers and volunteers who prepare food within City boundaries for consumption.by the public shall, while preparing such food, wear a cloth face covering as described in the 1_11%� California Department of Public Health Face Covering Guidance issued on April 1, Page 1 of 3 2020-05-05 Agenda Packet, Page 24 of 534 DocuSign Envelope ID:A9AO2A76-957E-4A601-BO44-03D$E8D82F9B 2020 (available at: htt-ps://www.cdii3h.ca.aov/Proarams/CID/DCDC/Pa�es/race-Coverin Guidance.aWx). c. Me' inbei,-..V qfthe Pi,tblic I o Enlet-E .venflal Bu,yines,yes. All nienibers of the public wilo enter essential btisiness facilities or service areas,, shall., duringtheirties in the biLlSiness fa stn or service area, wear a cloth to covering as described in the California Department of Public Health Face Covering qui dance issued on April- 1, 2020 (available at.: hr.�(!� s-//wwwc4-.,..�li,..ca,.gpv/Pro ra,rt"is/C1D/DCDC7/P' yes/Fa Coves rilig ..................... ..........................g.........................................................................................AMa ........................................................... ........ G Ld dance.a5px). For purposes of this section, the term"b,uiisiness tae lit or service area" shall include any line established for entrance into suclibusiness litcility or service area. d. C ,z(T. A11 individUa1S governed by the above-described -face cover inu rel uirernents shall bepersonally responsible for their own compliance. In addition, business owners and managers shall be responsible for assuring compliance with the above-described face covering requirements for wofl<ers, volunteers, and met n'bers ofthe publie ,within their respective business fc,,tcilities and set-vice areas,- SLICII responsibility shall include, as necessary, reftising adi-nission or service to any metn' wh ber of public o fails, to wear a face covering when entering the bt.-isiness fawility or service area. GENERAL PROVISIONS 5. This order is issued as a result of a worldwide COVID-19 pandemic declared by the World Health Organization on January 30, 2020 and a Public Health Emergency due to the COVID-19 virus declared by the United States Secretary of Health and Human Services on January 31, 2020. 6. As of the date of this order, the COVIN-19 virus, continues to represent a danger to the Chula Vista community to persons and property including both physical and economic harm), and has significantly impacted the City's personnel and financial resources. The actions required by this Order are necessary to reduce the number of individuals who will be exposed to COVIN-1.9, and will thereby slow the spread of COVID-19 in the City of Chula Vista. By reducing the spread of COVID-19, this Order will save lives and increase public safety to persons and property, and reduce both physical and economic harm. 7. This Order is issued in accordance with, and incorporates by reference: the Proclamation of Local Emergency issued by the Chula Vista Director of Emergency Services on March 13, 2020; Chula Vista City Council Resolution No. 2020-065; Chula Vista City Council Emergency Ordinance No. 3484-A; Emergency Order 002-2020 of the Chula Vista Emergency Services Director; the Declaration of Local Health Emergency issued by the County of San Diego Health Officer on February 14, 2020; the County of San Diego Order of the Health Officer and Emergency Regulations (Effective April 9, 2020); the Proclamation of a State of Emergency issued by the Governor of the State of California on March 4, 2020; Executive Order N-25-20 issued by the Governor of the State of California on March 12, 2020; Executive Order N-29-20 issued by the Governor of the State of California on March 17, 2020; Executive Order N-33-20 issued by the Governor Page 2 of 3 2020-05-05 Agenda Packet, Page 25 of 534 DocuSign Envelope ID:A9AO2A76-957E-4A601-BO44-03D$E8D82F9B of the State of California on March 19., 2020; COVID-19 guidance issued by the California Department of Public Health on Face Coverings Guidance issued on April 1, 2020; and Proclamation 9984 regarding COVID-19 issued by the President of the United States on March 11, 2020. 8. This Order comes after the release of substantial guidance from the County of San Diego Health Officer, the California Department of Public Health, the Centers for Disease Control and Prevention, and other public health officials throughout the United States and around the world. 9. With this Order, the Emergency Director is hereby exercising their independent judgment to make and issue rules and regulations reasonably related to the protection of life and property,,pursuant to Chula Vista Municipal Code section 2.24.080(F)(1), subject to confirmation of the City Council at the earliest practical time. 10. Violations of the regulations contained in paragraphs 3 and 4 above shall be enforceable to the maximum extent authorized by law, including without limitation, as set forth in Chula Vista Municipal Code sections 1.20.0 1 O(A) and 2.14.140 and Health and Safety Code section 120295. SO ORDERED, BY: DocuSigned by: OFC 0 E D FAOA854 B E_ Gary Halbert, City Manager/Director of Emergency Services Approved as to Form: BY: oocuSig ed Y.- DocuSigned by: rw CF40650850444BF.., Glen Googins, City Attorney, City of Chula Vista Page 3 of 3 2020-05-05 Agenda Packet, Page 26 of 534 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 May 5, 202O File ID: 19-0570 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 20191/20 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, "WILLOW STREET BRIDGE REPLACEMENT PROJECT - ENVIRONMENTAL, MITIGATION COMPLIANCE (STL0444); AND APPROPRIATING FUNDS THEREFOR(4/5 VOTE REQUIRED) ACTIONRECOMMENDED Council adopt the resolution. SUMMARY Construction of the "Phase II - Willow Street Bridge Replacement Project" (S,TL0261) is complete and habitat mitigation monitoring, reporting and maintenance for Year 1 of the required 5-Year Maintenance Period is currently underway and is set to end on June 30, 2020. The scope of work for the proposed. CIP Project, "willow Street Bridge Replacement Project- Environmental Mitigation. Compliance" (STL0444),will be the continuation of said habitat mitigation monitoring, reporting and maintenance services for the remaining Year 2 through Year 5 period; these services shall commence on June 30, 2020 and end on July 1, 2024. 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 proposed action(s) were adequately covered in previously adopted Final Mitigated Negative Declaration and associated Addenda 1, 2 and 3 for the Phase II Willow Street Bridge Replacement Project. Pursuant to the California Environmental Quality Act (CEQA) on November 14, 2011 the City, acting as Lead Agency, approved IS-10- 006. Thus, no further CEQA environmental review or determination is required. In addition, the Director of Development Services :has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) in conjunction with the California Department of Transportation (Caltrans), the state department designated as Lead Environmental Agency by the U.S. Department of Trans portati on, Federal Highway .Administration (F'HWA) for federally funded street projects. It was determined that the Project qualifies for a Categorical Exclusion pursuant to Title 53 Code of Federal Regulations (CFR) Section 775.1.17(d); activity:(d)(1) [Modernization of a Street by resurfacing, restoration, rehabilitation or reconstruction]. Thus,no further NE,PA environmental review is required. 1 . 0 0 1 P Ii1 2020-05-05 Agenda Packet, gage 27 of 534 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION As, required by the "Compensatory Mitigation and Monitoring Plan (CMMP) for the Willow Street Bridge Replacement Project'', dated December 2012, (Attachment 'T') the City is required to implement a mitigation monitoring, reporting and maintenance program that will successfully revegetate and restore the temporary impact areas to the native habitats and jurisdictional resources that were, originally present in these areas prior to the bridge replacement project. In order to demonstrate successful restoration, said program shall extend for a period of at least 5 years upon completion of the bridge replacement construction. Year 1 of the program started in July 2019 and was included with the "Phase 11 - Willow Street Bridge Replacement Project" (STL,0261) [Federal Project No. BHLS-5203(016)] that was awarded by City Council on January 17, 2017 by Resolution 2017-014 as part of the bridge construction project. Year 2 through Year 5 of the mitigation monitoring, reporting and maintenance program will be included with the proposed "Willow Street Bridge Replacement Project - Environmental Mitigation Compliance" (STL0444) [Federal Project No. BRLS,-5203(042)] and will be comprised of the remaining program period from July 2020 to June 2024. The maintenance plans for the project were prepared in adherence with the project CMMP and shall be complied with during the entire program period. During the program period, all mandatory reporting for the permitting agencies shall be filed in accordance with their requirements and at the end of the Sth year it shall be verified that the site has met all success criteria.Additionally, all final reports shall be appropriately filed and approved by the permitting agencies before completion of the project. DECISIOM-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Further,to the extent that any decision would have a reasonably foreseeable financial effect on any member's real property, the effect would be nominal, inconsequential, or insignificant. Consequently,, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property-related conflict of interest under the Political Reform Act(Cal. Govt 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. CURREN"Ir-YE,AR FISCAL IMPACT The approval of this Resolution will create a new CIP project, "Willow Street Bridge Replacement Project- Environ ental Mitigation Compliance" (STL0444) and will transfer $222,940 in TDIF funds and $,177,060 in HBP funds from STL0261 to STL0444. Sufficient funds are available for said transfers;therefore,there is no additional impact to the TDIF and HBP Funds. P 2 2020-05-05 Agenda Packet, Page 28 of 534 ONGOING FISCAL IMPACT" None. ATTAC14MENTS 1. Compensatory Mitigation and Monitoring Plan (CMMP), dated December 2012 Staff Contact: Gregory E. Tscherch, Department of Engineering&Captal Projects P 3 2020-05-05 Agenda Packet, Page 29 of 534 COMPENSATORY MITIGA I+ N AND MONITORING PLAN FOR THE CITY OF CHULA VISTA'S WILLOW STREET BRIDGE REPLACEMENT PROJECT 1 1 I i / / r / i ..,r r., ,,..... //rrr ,,, „...... .✓ii ,,,,,,,,,,. / r / / � ��i IpIWWIY�V�W k 0, d r wi V 4 i m i , m „rrrr ✓n rar ii iri�i'� �pJ,/,�1�j(1���f�f����dl�%r/��/�,e, /�� /r�w!�///...1�//6✓�r(G/illr ,,,,,,,.,,, "rr. nn,,";✓�f, r,it%%�% ///�dl�/9��.�;f��r �i rr�,r/�, �i rdrr,/✓i�c%(dor a 1, „„ 6�iJoaFdrar,FfIG,'dAr,>wr/. � ����/!�����/�//�%�,, /�j r r ,✓ r//ii r��xw�a.rr��rl/t✓ ,,,,,,,,. / �/ �,�//��rr�/f Ji 1 arr��. / r rlJll�✓�/f�l�(blFwrr� .,,,,,., r// 6a l r l rG/(�!lr rirr rnf✓.rrr ",,.,u,�,P,�, o � r .o �r r „ ,»N rw r 1'cepa ed for: City of Chula vista 276 Fourth Avenue Chula vista, California 91911 Prepared by: AECOM 1420 Kettn r Boulevard, Suite 50 San Diego, California 92101 Contact: Julia Groebner December bier 2012 2020-05-05 Agenda Packet, 'age 30 of 534 2020-05-05 Agenda Packet, Page 31 of 534 TABLE OF CONTENTS Section, 1.0 INTRODUCTION.............. I 1.1 Overview and Purpose............................................................................................ 1 1.2 Projected Jurisdictional impacts and Compensatory Mitigation............................�4 2.0 PROPOSED MITIGATION SITES ................................................................................... 8 .1 Location and Size.................................................................................................... 8 2.2 Existing Conditions................................................................................................ 13 2.2.1 Topography and Soils................................................................................13 2.2.2 Hydrology..................................................................................................14 2.2.3 Existing Vegetation....................................................................................15 2.2.4 Sensitive Species........................................................................................16 2.2.5 Jurisdictional Delineation..........................................................................17 3.0 GOAL OF MITIGATION PROGRAM............................................................................ 17 3.1 Types of Habitat to Be Restored........................................................................... 17 3.2 Functions and Values to Be Restored................................................................... 18 3.3 Rationale fo�r Expecting Success........................................................................... 19 3.4 Time Lapse............................................................................................................ 19 4.0 IMPLEMENTATION PLAN......... 20 4.1 Responsible Parties............................................................................................... 20 4.2 Access and Staging............................................................................................... 21 4.3 Implementation, Steps and Schedule..................................................................... 21 4.4 Site Preparation..................................................................................................... 22 4.4.1 Site Protection and Species Conservation Measures.................................22 4.4.2 Native Species Salvage and Exotics Treatment.........................................23 4.4.3 Decompaction, and Erosion Co�ntrol, Measures ..........................................24 4.5 Planting and Seeding Plan .................................................................................... 24 4.5.1 Container Plant Specifications...................................................................29 4.5.2 Container Plant Installation Steps..............................................................30 4.5.3 Seed Specifications....................................................................................30 4.5.4 Seed Application Methods.........................................................................31 4.6 Temporary Irrigation............................................................................................. 31 4.7 Final Landscape Construction Plans and A,s-Built Conditions............................. 32 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page i 04080084 Willou,,St Bri(km,CAI. 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 32 of 534 5.0 MAINTENANCE............................................................................................................. 32 5.1 Site Protection and Erosion Control ..................................................................... 33 5.2 Weed Control........................................................................................................ 33 5.3 Trasb Removal...................................................................................................... 34 5.4 Plant Care and Supplemental Planting/Seeding.................................................... 34 5.5 Temporary Irrigation............................................................................................. 35 6.0 MONITORING AND SUCCESS STANDARDS............................................................ 35 6.1 Implementation Monitoring.................................................................................. 36 6.2 Qualitative Monitoring.......................................................................................... 36 6.3 Annual Quantitative Monitoring........................................................................... 37 6.4 Adaptive Management................................................................................000.0. 37 6.5 Reporting............................................................................................................... 39 6.6 Success Standards and Remedial Measures..........................................................40 7.0 NOTICE OF COMPLETION........ 8.0 REFERENCES .................................................................................................................�42 Page ii Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 33 of 534 LIST OF FIGURES Figure Pau IRegional Map.......................................................................................................................2 2 Vicinity Map........................................................................................................................3 3 Permanent and Temporary Project Impacts to Sensitive Habitats.......................................9 11 in 4 Pen-nanent and r temporary Project Impacts to Jurisdictional Wetlands and Waters.........11 5 Planting and Seeding Plan .................................................................................................25 LIST OF TABLES Tale I Project Impacts to Sensitive Habitats and Mitigation Required..........................................5 2 Project Impacts to Jurisdictional Wetlands and Other Waters and Mitigation Required....6 3 Summary of Temporary Impact Areas to Be Restored.......................................................1 4 Anticipated Restoration Implementation Schedule ............................................................22 5 Native Riparian Plant Palette and Seed Mix......................................................................28 6 Native Upland Plant Palette and Seed Mix........................................................................29 7 Restoration Program Success Standards and Remedial Measures ....................................41. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page iii 04080084 Willou,,St Bri(km,CAI. 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 34 of 534 This page intentionally left blank. Page iv Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 35 of 534 1.0 INTRODUCUON 1.1 Overview and Pur The City of Chula Vista (City) proposes to replace the existing two-lane Willow Street Bridge with a four-lane bridge where Willow Street crosses the Sweetwater River (prod ect)�. Willow Street Bridge is located in the lower SweetwaterValley and connects Sweetwater Road with Bonita Road in Chula Vista, California(Figures I and 2). The City is coordinating with. the California Department of Fish and Game (CDFG , U.S. Army Corps of Engineers (l:SACE), Regional Water Quality Control Board (R.W B , and U.S. Fish and Wildlife Service (USFWS) to obtain permits and approval for temporary and permanent impacts to jurisdictional, waters of the U.S. and state. The City is the project proponent and lead agency under the California Environmental. Quality Act (CEQA). The project has a City- approved CEQ , document; the Final Initial Study/Mitigation Negative Declaration, Willow Street Bridge Replacement Project, IS-10-006 (AECOM 2011). The proposed bridge replacement project would consist of the construction of a new four-lane bridge with shoulders, Americans with Disabilities Act (ADA)-compl.iant sidewalks, and extension of Class 11 bike lanes. The superstructure would have a variable depth, ranging from. 3.5 to 5.75 feet, and an overall width of 82 feet, 8 inches. Additional project components include roadway and traffic signal construction improvements, continuation of existing equestrian, trail. crossings, relocation of two existing waterlines, relocation of an existing open channel that is tributary to the Sweetwater River, and temporary realignment of an existing multipurpose path and footbridge. The project includes temporary encroachment and impacts within the County of San Diego's (County) Sweetwater Off-site Mitigation Area (SWOMA), and the Chula Vista MunicipalGolf Course. This, temporary construction encroachment is needed to allow for construction access, staging, and storage of materials during construction of the bridge within the existing right-of-way. The purpose of this Compensatory Mitigation and Monitoring Plan (CMMP) is, to identify the proposed mitigation locations and describe the methodologies by which the City will mitigate for project impacts, pursuant to the standards set by the resource agencies (USFWS,, CDFG, The SW MA is located within the Sweetwater Regional Park,which is under the jurisdiction of the County. The SW MA is owned and managed by the County's Department of Parks and Recreation and includes approximately 60 acres of riparian habitat along the Sweetwater River. The SW MA was developed,to mitigate for impacts to riparian habitat associated with maintenance for existing storm water facilities owned by the County. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 1 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 36 of 534 -10,41 IIS, �"�Io V �I u♦Wit..�;u rW,. ��;�19 r1/"I'�V""11`r11�„ I(.� I01, a.,.., "".m I��;�, �7W WIII milml��wl��Y, m°N �I, �3 , 1f"> yr �l � �k I II IV I,l r /i yy/...... f aWy W W I I IUN U t IE 8 W ww w �rr�1I NlrIl YY N W�14 i� 1` IIS ' �!rl�,lii�wr;lw,�„ W^ uelrl I � feF r ( °r „n `r ' ✓ Ill I NICE' EO,1 I1IINI'�Vi Fll(�I s..' � y„��Pw”r�`"^�k]I��I�dll. I wul y f�f�� // �/ %�im W � � � Err �I q �{� r I d�J P,01 Iii' q'-ii� I,IIS' II I ,/��° NI ��)'� w /�/ ' l��w�I"i�I 1 1,311; m I" �y r I /G 1 !` u�'FI IP'I I f / r M l' 3 ud 1 Wd 71 It Ili�^^ b II°VI IV"a U 1 1. 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ICY ul �, ,„ :.Ill.spm O/f i:. t „)., r.;. ,i➢,, �'°I���I,I r�„li, I»///%///,' Ii /yr y el pgo I r rrrr mer/mar/✓ , l�aG r, rami r J)` Yr /1/lyrrrrrr r,/( (/1, l �(W T9auW W^11 f W, b IVB III m N' �iFirrtt�y °fi"111w ,,/ 1`,ruu III 1 ;N ✓)tlrrlfrta/ Wi Y✓rrr�rr- i, 1 WWN I1aj" 1111UIW''1 ���•I � W1110 14 1 „ yWporad �Il 9i �,p.. wwW I e NAANDER Ilo, 0I�� 1.01 IW IVi�i I,� i arrl iu ;W° w III w,I,,,I, - „t, I„:Ir J""1uY,0 ,�� fi'W.N r°�1"h II�V 1�r� d pi l,r Oil r h„ ��ry��man, 4""l � �l fl���� IkN �,,r�ir �ilr r l�mriC� 1 1 I : �r qqr/ y 4'edW^ 1)I/lr��l% r1fl �I� �il U( ,u a� ori !70 I IuIP �l�n�fl � rJ r'd r �quPr�, r-111111 N f-1d(0 I Y7l d slly w" ll PI oY I-f N I'w 11"I7 JIY N N , ITLI Alp ,,,` ..ikNPo IlY ltl 111�'i�yill'VIII „.�„ r/I� f IIP'` I;1 r it /a„ o i0011 r I,N�' 1 3, li Wm yr;191 e`r Ism r IN�r� /i 9i 9° I m19,IR,NI^ i�,",,,�ullY uIl l;W Ulr „/, ,r ;/ ;; il ��W,W�ryyl�IW k,� � ,'i f ✓�`'� r �,iRrrrWNhr� '" f � j1)YJ, 111r /Il�i/1m104G11(P%71 �aJ1�' J ,f .... l)YJ)1J1Jy%//Ii I Illi �,1 (� Im1�rlY�� I rtyyr✓rrl(lirri/r' ulVrfllirrrrrr rrrlrrrrrro. trrrrrr/ �4k(ffl nr �a ' - 11111111d, GYaI ®, rljrrr J/11,M, c Ir°r JJ�rI I/�'V°iF�',�lJy y; m mu 1 II[ Imr/9yl�rrJ,r� tiI111 riYl lav pp; ���� �. �q r091 ON,Y �r II Ifr9r/��� i t „! ( I R,1u I:I 4 10u.r b YN)I ) / l / rY I Iul^I �rrrrr7fW�i�r; 1r JJ ; 00 NI gip 0 i /I Source:IESIRI 2012;SANGIS 20112 2 6 0 12 Miles Fare I. Regional Map Scale:1:760,320;1 inch 12 miles Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�20)4104080084 Willow I Bridge M1S"`'Mxd'JDR'I,Fig R��Ficaaacrl_ cr��.rn..rcf 1011212012,augellol.) 2020-05-05 Agenda Packet gage 37 of 534 l / V k f I, r 1- �N r W i r I Hh„ Ifrc P�� 4 r � of •�� �r'; r �I f K � � N S' a d ..I..I.... Nil r r,W utl D arIV, jj lq pip, " I 41Vi' u., �I ul� I�I� ➢ r 1°�uWuWl°1M Jr r IW'Nw I r rr W I iaa �mklN���Im'u I 'u I I' f u��alx ur. luw a ku i l � �J}'I r �iuul Ir�u Ir W ry J ,I, Vow IIIIIIIIII � I W 0° I u uaiiw�i �¢ V �v o It IW culf v 4 ul imPd r IIW�wi V w „ r v 1 rl �, d lVi mi f�dl III a amEf'"".mi; M.M. uwuui�iu . _,....._ l ��yye ��jj Ct7" w 1 SII l I u rr I I I l fill II k d fuvr o P � q w N I �+a � YI, ��� I�I,�I' I �' r 'II:G � I�.J I„ �I �a�" '' ��u��``i„,, •Jvi�l�� I San Dieg.......o" LL.,....., ....... ......., a l II r ' l l �� .� .. :r ( 4�. a vgwm�w,w,w,uu aws Mw �II^^II , r j � � � I lu✓ �I fly l .,VJ'� G �m mrurww , I 4 1dG r, ImperialProject rt .. County r c x 1� l Project Site rw ,,,,,,,I, ,,,,,,,I,,,,,,,,, ,,,,,,,,,,,,,,,,I VIII , r V Fq'� 4����I i Ij � mrrrr noior�aiivasu�lira, i �" � I rnlul w�ix�rwrrrtr;nu,�'"�Y,lu�"`�i IwW i"luamlu.yr, u i Source:I,&IRI 2012;SAIVICIS 20112;USGS Topp 7.5''Quad National City,CA 1975 2,000 1,000 0 2,000 Feet Fi"ure 2 Vicinity Map Scale:1:24,000;1 inch=2,000 feet Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004�040800 4 Willow Street �i�!��e�.S�I�S"`4�L9xc11C' F'ti�i�T�_�c.ira ty�L9�r�a.rra.:rct, 1011212012,crugellol.) 2020-05-05 Agenda Packet gage 38 of 534 USACE, and AW B). This CMMP is presented in response to projected project impacts to jurisdictional. habitats and in accordance with anticipated regulatory agency permit conditions. The project site, wbicbencompasses approximately 9.80 acres, is located in the City of Chula Vista and is bordered by the Chula Vista Municipal. Golf Course to the east, the SWOMA to the west, Sweetwater Road to the north, and Bonita Road the south (Figure 2). The Sweetwater River flows west through. the project site, with the width of the river reaching the entire length of the Willow Street Bridge and beyond into Bonita Road. The low-flow channel. of the Sweetwater River is currently located under the south end of the existing bridge. All proposed project activities associated with the replacement of Willow Street Bridge will be contained within the project site. 1.2 Pr9jected Jurisdictional Impacts and Compensatory Mitigation The project has an approved Initial Study/Mitigation Negative Declaration (IS/MN ) (AECOM 2011) that discusses project impacts and mitigation, requirements. The exact impact acreages and mitigation ratios included in the IS/M`ND have been updated to reflect the final project design, an addendum to the MND including updated vegetation mapping (AECO M 2012a), and negotiations with the resource agencies regarding the need for additional mitigation for temporary impacts within, the SWOMA. These updates are reflected in Tables I and 2, below. Table I summarizes the types and amounts of impacts to sensitive habitats and mitigation required. Table 2 summarizes the types and amounts of project impacts to jurisdictional wetland and other waters of the U.S. and state, and mitigation required. Mitigation for permanent, direct project impacts to sensitive habitats and jurisdictional waters will occur off-site, through the purchase of mitigation credits at the Rancho Jamul Mitigation Bank. <<Number and type of credits being purchased>> Mitigation for temporary project impacts will be provided through revegetation of the temporary impact areas with native vegetation at a 1:1 ratio) upon completion of bridge replacement construction. The temporary impact areas,to be restored total 1.1 3 acres, (Table 1). Per direction from the resource agencies, additional mitigation for temporary impacts to habitat within the SWOMA, over and above the 1:1 restoration mitigation in-place, will also be provided through the purchase of mitigation credits at the Rancho Jamul Mitigation Bank. <<Number and type of credits being purchased>> Page 4 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 39 of 534 Table L Project Impacts to Sensitive Habitats and Mitigation Required Sensitive Permanent Temporary Natural Impacts Impacts Mitigation Communi (acres) (acres) Ratio' Mitigation Required C 10 ity of Chula Vista Southern 3:1 for Permanent Impacts: Enhancement/Creation of Cottonwood- permanent 1.1 61 acres(3:1)of wetland mitigation with at Willow O�.387 0.159 impacts; 1:1 least 0.387 acre(1:1)of creation.Temporary Riparian Forest for temporary Impacts: Restoration of 0.159 acre(1:1)on-site. impacts 3:1 for Permanent Impacts: Enhancement/Creation of Southern permanent 0.8 10 acre(3:1)of wetland mitigation with at Willow Scrub 0.270 0.235 impacts; 1:1 least 0.270 acre(1:1)of creation. Temporary for temporary Impacts: Restoration of 0.235 acre(1:1)on-site. impacts Coastal and 1:1 for Valley 0000 0.005 temporary Temporary Impacts: Restoration of 0.005 acre . Freshwater impacts (1:1)on-site. Marsh l:I for Permanent Impacts: Creation of 0.049 acre(1:I) Nonnative O.049 0.002 permanent and of wetland mitigation. Temporary Impacts: Riparian temporary Restoration of 01.002 acre(1:1)of native riparian impacts on-site. County of San Diego Southern 3:1 for Permanent Impacts: Enhancement/Creation of Cottonwood- permanent 0.087 acre(3:1)of wetland mitigation with at Willow 0.029 0.037 impacts; 1.1 least 0.029 acre(1:1)of creation. Temporary Riparian for temporary ForeSt2 impacts Impacts: Restoration of 0.037 acre(1:1)on-site. :1 for Permanent Impacts: Enhancement/Creation of Southern permanent o.1 2 acre(3:1)of wetland mitigation with at Willow Scrub 3 0.054 0.409 impacts; 1:1 least 0.054 acre(1:1)of creation. Temporary for temporary Impacts: Restoration of 0.409 acre(1:1)on-site. impacts l:I for Permanent Impacts: Creation of 0.063 acre(1:1) Nonnative permanent and of wetland mitigation. Temporary Impacts: Riparian 3 0.063 0.099 temporary Restoration of O.099 acre 1:1)of native riparian impacts on-site. 0.5:1 for Nonnative O.086 0.177 permanent and Permanent and Temporary Impacts: Restoration Grassland temporary of 0.177 acre(1:1)of NNG on-site. impacts TOTAL 0.938 1.123 Mitigation ratios for wetland impacts are consistent with the City's Wetland Protection Program,the County of San Diego's Biological Mitigation Ordinance,and,state and federal guidelines pertaining to"no net loss." The southern cottonwood-willow riparian forest within the County's jurisdiction that would be impacted by the project is located to the east of the Willow Street Bridge and is not located within the SWOMA. 3 Some southern willow scrub and nonnative riparian habitats,within the County's jurisdiction that would be impacted by the proposed project are located within portions of the SWOMA identified for recruitment. Depending upon negotiations with the wildlife agencies,mitigation for impacts to these habitats within the SWOMA may be as high as 6:1. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 5 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 40 of 534 41 Table 2. Project Impacts to Jurisdictional Wetlands and Other Waters and Mitigation Required Amount Jurisdictional within Permanent Temporary Mitigation Wetlands and Project Impacts Impacts Ratio Other Waters— Area(acres) (acres) (acres)' Required Mitigation Required C I ity of Chula Vista USACE/CDFG Jurisdictional Wetlands and Other Waters2 3-1 for Permanent Impacts: Enhancement/Creation of 0.231 acre permanent (3:1)of federal wetlands mitigation with at least 0.077 acre Southern Willow Scrub 0.077 0.066 impacts; 1:1 (1:1)of creation.Temporary Impacts: Restoration of 0.066 for temporary f acre(1:1)on-site. impacts 1:1 for Permanent Impacts: Creation of 0.074 acre(1:1)of federal Mulefat Scrub 0.074 0.068 permanent and wetlands mitigation.Temporary Impacts: Restoration of temporary 0.068 acre(1:1)on-site. impaCUs Coastal and Valley 1:1 for Freshwater Marsh 0.000 0.011 temporary Temporary impacts:Restoration of 0.011 (1:1)acre on-site. impacts 1,-1 for Permanent Impacts: Creation of 0.068 acre(1:1)of federal Freshwater 0.068 0.080 permanent and wetlands mitigation.Temporary Impacts* Restoration of temporary impacts 0.080 acre(]:I)on-site. 1 1:1 for Permanent Impacts: Creation of O.019 acre(1:1)of federal Nonvegetated Channel 0.019 0.419 permanent and wetlands mitigation.Temporary Impacts: Restoration of temporary 0.419 acre(1:1)on-site. impacts 3 CDD G Jurisdictional Waters OnIY 1:1 for Permanent Impacts: Creation of 0.254 acre(1:1)of federal Nonwetland Riparian 0.254 0.121 permanent and wetlands mitigation.Temporary Impacts: Restoration of Habitat temporary 0.121 acre(1:1)on-site. impaCLL5 Page 6 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(k,,e(7MMPJ(.x 121181-1012 2020-05-05 Agenda Packet, Page 41 of 534 Amount Jurisdictional within Permanent Temporary Mitigation Wetlands and Proi ect Impacts Impacts Ratio Other Waters Area(acres) (acres) (acres,) Required Mitigation Required 4 County of San Diego USACE/CDFG Jurisdictional Wetlands and Other Waters' 3-1 for Permanent Impacts: Enhancement/Creation of 0.030 acre permanent (3:1.)of federal wetlands mitigation with at least 0.0 10 acre Southern Willow Scrub 0.010 0.060 impacts; 1:1 (1.1}of creation.Temporary Impacts: Restoration of 0.060 for temporary acre(1:1)on-site. im acts 1:1 for Mulefat Scrub 0.000 0.126 temporary Temporary Impacts: Restoration of 0.126 acre(1:1)on-site. impacts 1:1 for Freshwater 0.000 0.015 temporary Temporary Impacts: Restoration of 0.015 acre(1:1)on-site. impacts CDFG Jurisdictional Waters Only3 1:1 for Permanent Impacts: Creation of 0.025 acre(1:1)of federal Non wetland Riparian 0.025 0.032 permanent and wetlands mitigation.Temporary Impacts: Restoration of Habitat temporary 0.032 acre(1:1.),on-,site. impacts TOTALS O.527 01.998 ' Temporary impacts to waters of the U.S. and riparian habitat will be due to construction activities associated with the bridge replacement. 2 Jurisdictional areas included in USACE,RWQCB,and CDFG permitting. 3 Jurisdictional areas including in CDFG permitting only. 4 Temporary impacts to waters of the U.S.and riparian habitat within the County of an.Diego's jurisdiction occur within an existing mitigation area and, depending upon negotiations with the wildlife agencies,mitigation for those impacts could be as high as 6:1. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 7 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 42 of 534 In addition, six special-status species are reported from the project site (Section. 2.2.4), including the federally listed least Bell's vireo (Vireo bell i pusillus) and coastal California gnatcatcher (.Polio tila ealijbrnica californiea). Habitat for some of these species willbe directly impacted by the project. These species may also be indirectly impacted by project construction, activities. Mitigation for project impacts to special-status species' habitat will occur through the habitat mitigation measures discussed above. Indirect impacts will be avoided through the implementation of mitigation measures described in the IS/MND (AECOM 2011), including the preparation of this CMMP. The purchase of mitigation, credits and preservation of native habitat at the Rancho Jamul, Mitigation Bank, and the revegetation of the temporary impact areas will. provide high-quality habitat for least Bell's vireo, coastal California gnatcatcber, and other sensitive species. This will adequately mitigate for potential. impacts to special-status species caused by permanent, temporary, and indirect impacts to habitat types due to the project. 2.0 PROPOSED MITIGATION SITES 2.1 Location and Size Mitigation for permanent, direct project impacts to sensitive habitats and jurisdictional waters will occur off-site, through the purchase of mitigation credits at the Rancho Jamul Mitigation Bank. This bank is located approximately 12 miles east of Chula Vista, with a primary service area including the Sweetwater, Otay, and Pueblo San Diego Hydrologic Units. <<Number and type of'credits being purchased>> Mitigation for temporary project impacts will be provided through revegetation of the temporary impact areas (Figures 3 and 4) with native vegetation (at a 1:1 ratio) upon completion of bridge replacement construction. The temporary impact areas will be restored with the habitat types that these areas supported prior to project impacts. The temporary impact areas to be restored total 1.123 acres (Table 1). Additional mitigation for temporary impacts to habitat within the SWOMA, over and above the 1:1 restoration mitigation in-place, will also be provided through the purchase of mitigation credits at the Rancho JamulMitigation Bank. <<Number and type of credits being purchased>> In general, the temporary impact areas consist of those areas of project impacts outside of the proposed new bridge footprint. The temporary impact areas include a section of the Sweetwater River, which flows west through the project site. The portion of the Sweetwater River that will be temporarily impacted is located within the Chula Vista Municipal Golf Course. This very small area(0.005 acre) is the location where the footbridge associated with the multipurpose path Page 8 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 43 of 534 a a" , di LEGEND Project Site Bridge Permanent Impacts Temporary Impacts Municipal Boundaries Vegetation R, Coastal and Valley Freshwater Marsh FAM Diegan Coastal Sage Scrub Eucalyptus Woodland Nonnative Grassland .................... W/ Nonnative,Riparian 00 Southern Cottonwood-Wi I low Riparian Forest Southern Willow Scrub Urban/Developed Source:ESIRI 2012;AerialExpress 2010;SanGIS 2012 Figure 3 200 100 0 200 Feet %NNNNNW Permanent and Temporary Project Scale:1:2,400,1 inch=200 feet Impacts to Sensitive Habitats Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004)04080084 Willow Street Rru�ge�5GIS)Mxd('MMPTqg3 Vegllah.mxd,1211312012,convadin 2020-05-05 Agenda Packet Page 44 of 534 This page intentionally left blank. Page 10 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 45 of 534 01"U1, M E Le" Project Site Bridge Permanent Impacts Temporary Impacts Municipal Boundaries Jurisdiction of U.S.and State(USACE,RWQCB,CDFG) Wetlands Coastal and Valley Freshwater Marsh Mulefat Scrub Southern Willow Scrub Other Waters Freshwater Nonvegetated Channel Jurisdiction of State Only(CDFG) Nonwetland Riparian Habitat Source:ESIRI 2012;AerialExpress 2010;SanGIS 2012 Figure 4 200 100 0 200 Feet %NNNNNW Permanent and Temporary Project Scale:1:2,400,1 inch=200 feet Impacts to Jurisdictional Wetlands and Waters Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004)04080084 Willow Street Rru�ge�5GIS)Mxd('MMPTqg4 Wato�s.iI 1211312012,conradmi 2020-05-05 Agenda Packet Page 46 of 534 This page intentionally left blank. Page 12 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 47 of 534 will be temporarily relocated during construction. The majority of the temporary impact areas support native riparian habitat that includes varying amounts of nonnative species. The northernmost portion of the temporary impact areas supports nonnative riparian habitat and nonnative grassland. The temporary impact areas are flanked by the Chula Vista Municipal. Golf Course to the east, the S,WOMA to the west, Sweetwater Road to the north, and Bonita Road to the south. 2.2 E x i s tin g C o,n diti"o n s Sections 2.2.1 through 2.2.5 provide a discussion on the existing ecological conditions of the temporary impact areas. Note that these areas will be cleared and grubbed during project implementation, although some large trees may be cut at the base and their stumps left in, the ground. However, for the most part, it is assumed that the areas will consist of bare dirt wben revegetation implementation begins. 2.2.1 Topography and Soils The temporary impact areas are located in the floodplain of the Sweetwater River, and a portion of the river's primary channel, crosses the project site. The site is relatively flat, although it generally slopes upward on both banks of the river. Elevations on-site range from approximately 57 to 70 feet above mean sea level. (MSL) (AECO 2011). Soil types found within the temporary impact areas include Riverwash; Olivenhain cobbly loam, 9 to 30 percent slopes,- Terrace escarpments; Diablo clay, 2 to 9 percent slopes; and Tujunga sand, 0 to 5 percent slopes (AECOM 2012b). The majority of the temporary impact areas support Riverwask Olivenhain cobbly loam, and Tujunga sand soils. Riverwasb occurs in intermittent stream channels and is typically composed of sandy, gravelly, or cobbly material. It is excessively drained and rapidly permeable. Ofivenhain soils are well-drained, moderately deep to deep cobbly log that have a very cobbly clay subsoil. These soils formed in old gravelly and cobbly alluvium, and are found on dissected marine terraces with slopes of 2 to 50 percent. Olivenhain soils are used mainly for range and watershed. Tujunga soils are very deep, excessively drained sands derived from granitic alluvium. They occur on alluvial fans and floodplains with slopes of 0 to 5 percent. This soil is, susceptible to short periods, of flooding (USDA 1973). Given that the temporary impact areas will be restored with the habitat types that they supported pre-construction, the topography and soils within the temporary impact areas should be suitable to support the revegetation project as planned. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 13 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 48 of 534 2.2.2 Hydrology The Sweetwater River is the only U.S. Geological Survey blue line stream. that crosses the temporary impact areas. The river flows from east to west and parallels the southern boundary of the site. The headwaters of the Sweetwater River begin. in the Cuyamaca Mountains. The river flows west through unincorporated San Diego County, the City of Bonita, the City of National City, and the City of Chula Vista. The river empties into San Diego Bay via the Sweetwater Marsh. The Sweetwater River is classified as an intermittent stream/river in the National Hydrograp,hy Dataset and is considered a relatively permanent water, indicating that the waterbody typically flows year-round or has continuous flow at least seasonally. Specific segments of the river reach coincident with the survey area contain either flowing or standing water through at least the winter months and the majority of the dry season, which is evidenced by signs of frequent flooding and permanently inundated areas occupied by emergent, persistent wetland habitat (AECOM 2012b). Two separate and discreet hydrologic inputs to the Sweetwater River are present within the project site. An excavated channel that flows west along the south side of Sweetwater Road and toward Willow Street Bridge bends south just north of the existing Willow Street Bridge and continues south along the east side of the bridge until it forms a confluence with Sweetwater River. Tbis channel likely remains inundated throughout the year. The second discreet input originates from a quadruple culvert located east of Willow Street Bridge at its southern terminus. Hydrologic inputs from the culvert have created an ephemeral unvegetated channel that continues north under the existing Willow Street Bridge until the bridge's northern terminus. Two other culverts are located within the survey area but do not form discreet hydrological connections with Sweetwater River or the excavated channel. Other surface water inputs into the temporary impact areas include overland sheetflow from surrounding impervious surfaces and irrigation runoff from the Chula Vista Municipal Golf Course (AECOM 2012b). Geocon Inc. prepared a geotechnical investigation of the project site. Groundwater was not directly observed during the field investigation due to the use of drilling fluids for mud rotary borings. However, saturated soil samples encountered in the borings taken at the project site indicated that the groundwater surface elevation is near the water level in the active river channel of about 518 feet MSL. The groundwater levels are expected to fluctuate seasonally with the water level in the river (AECOM 2011 .) Portions of the project site are designated as high risk flood areas (Federal Emergency Management Agency Flood Zone Designations A and AE). Portions Page 14 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 4)of 534 of the project site are also determined to be within the 100- and 500-year floodplains (AEC OM 2012b). Given that the temporary impact areas willbe restored with the habitat types that they supported pre-construction, the hydrology within the temporary impact areas should be adequate to support the restoration project as planned. Additional information regarding hydrology is provided in the jurisdictional, delineation report for the project site (AEC O 2012b). 2.2.3 Existing Vegetation The descriptions of the existing vegetation within the temporary impact areas are based on updated habitat mapping completed in September 2012 and are summarized in the addendum to the MND (AEC OM 2012a). Vegetation community classification follows Holland (1.986) as modified by Oberbauer et al. (2008). Southern cottonwood-willow riparian forest (SCWRF) is found to the north and east of the existing bridge, in association with a minor drainage channel. that drains into the Sweetwater River. This habitat supports Fremont cottonwood (.Populus fre onti ), black willow (Salix gooddingii), arroyo willow (S. lasiolepis), red willow (S.. laevigata), and occasional. western sycamores (Platanus raeemosa). The understory is composed of shrubby willows and mulefat (Baechanis salieifglia). A number of nonnative, ornamental tree species, were noted within the SCWRF, including Canary Island date palm (Phoenix eanariensis), Brazilian pepper tree (Scinus terebint hifolius), Peruvian pepper tree (Se inus molle), river red gum ( ueal ptus camaldulensis), and Ngaio ( yoporum laev,is). Southern willow scrub (SVS) is present on-site in association with the portion of the Sweetwater River to the west of the bridge. This, dense, broad-leaved, winter-deciduous riparian habitat is dominated by black willow, arroyo willow, red willow, narrow-leaf willow (S. exigua), and mulefat. Understory species include natives, such as, western ragweed (A, brosia psilostaehya), Douglas mugwort (Artemisia douglasiana), and stinging nettle (Urtiea dioiea), and nonnative species, including wild celery (Apiurn graveolens), rip�gut brome (Bromus diandrus), bull thistle (Clrsium vulgare), and others. Coastal and valley freshwater marsh (CVFM) is, found in the temporary impact areas within the small section of the Sweetwater River within the Chula Vista Municipal Golf Course that will be temporarily impacted by shading due to temporary relocation of the footbridge. The CVFM is Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 15 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 50 of 534 dominated by common. bulrush (Sehoenopleetus aeutus var. oeeidentalis), Olney's three-square bulrush S. amerieanus), and broad-leaf cattail (Typha latfol ia). A strip, of nonnative riparian (NNR) vegetation is present along the western side of the temporary impact areas. This lea tat is dominated by nonnative, invasive species, which account for greater than. 50 percent of the total, vegetative cover within the upping unit. Indicator species in the NNR habitat on-site include Canary Island date palm (Phoenix eanariensis), Brazilian peppertree (S'eh nus te'rebinthifolius), Peruvian peppertree (S"eh n s molle), and eucalyptus (Eueal tus sp). Nonnative grassland (NNC ) is found at the northwestern end of the temporary impact areas, abutting the intersection, of Willow Street and Sweetwater Road. This habitat is characterized by a dense to sparse cover of annual grasses and forts often with native and nonnative annualforts of Mediterranean origin (Oberbauer 2008). Dominant species in the NNG include various bronze grass (Bromus spp.), wild oats (Avena spp.), wild. radish (Ra panus sativus), prickly lettuce (Laetuea serriola), and other nonnative grasses and forts. The project site is bordered to the east (upstream) by the Chula Vista Municipal, Golf Course. Riparian vegetation, associated with the SWOMA adjoins the project site to the west (downstream). The project site is bordered to the :north by the intersection of Sweetwater Road and Willow Street and residential development. A shopping center and Bonita Road abut the project site to the south (Figure 2). 2.2.4 Sensitive Specks The federally and state endangered least Bell's vireo was detected within the project site during focused surveys conducted during the 20�10 and 2005 breeding seasons. During the surveys in both years, a single least Bell's vireo was detected on-site late in the breeding season. Therefore, the least Bell's vireos heard during the protocol surveys are believed to be immature birds dispersing after the breeding season(AECOM 20 11). Coastal California gnatcatcher is a threatened species under the federal Endangered Species Act and is considered a California Species of Concern. by CDFG (2009). A pair of Califomia gnatcatchers was noted just outside of the project site during a reconnaissance survey conducted in 2009. They were observed on the slopes above Sweetwater Road covered with coastal sage scrub to the northeast of the project site (A.F CC f 2011). Page 16 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 51 of 534 Additional sensitive species found on the project site include the following (ASCO 201 1): • Orange-throated whiptail (Aspidos,celis hyperythra) • Cooper's hawk(Accipiter cooperii) • Yellow warbler(Setophaga petechia) • Yellow-breasted chat(Icteria virens) Implementation of restoration activities will follow measures to protect adjacent native habitat and will be timed to avoid direct and indirect impacts to sensitive species during their breeding seasons. The on-site restoration of native habitat and control of nonnative species will have a direct benefit to sensitive species by increasing their potential foraging and nesting habitats. 2.2.5 Jurisdictional Delineation A jurisdictional delineation was completed for the project site (AECOM 2012b). Figure 4 illustrates the findings of the jurisdictional delineation. These findings are discussed in more detail in the jurisdictional delineation report (AECOM 2012b). 3.0 GOAL OF MITIGATION PROGRAM The goal of this mitigation program is to successfully revegetate and restore the temporary impact areas to the native habitats and jurisdictional resources that were originally present in these areas prior to bridge replacement. Any portions of the temporary impact areas that were disturbed prior to bridge replacement will be revegetated with appropriate native habitat. The temporary impact areas will be temporarily impacted by project implementation and would likely persist in a disturbed state following these impacts in the absence of a focused habitat restoration effort. The temporary impact areas will require planting and seeding, and will be subject to a maintenance and biological monitoring period for a minimum of 5 years, unless the success criteria discussed in Section 6.6 are met earlier. Successful implementation of the mitigation program will provide appropriate compensatory mitigation for temporary project impacts to sensitive habitats and jurisdictional resources, and will restore the functions and services of the habitats and jurisdictional waters that will be temporarily impacted by the project. 3.1 Types of Habitat to Be Restored The types of habitats proposed for restoration within the temporary impact areas consist primarily of those habitats that were present in these areas prior to bridge replacement. Any Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 17 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 52 of 534 portions of the temporary impact areas that supported nonnative habitats prior to bridge replacement will be planted and revegetated with appropriate native plant species. The habitats to be restored consist of 0..1 6 acre of SCWRF, 0.644 acre of SWS, 0.005 acre of CVFM, 0.10 1 acre of NNR, and 0.1 77 acre of NNG (Table 3). All areas of sensitive vegetation communities and jurisdictional wetlands and other waters that will be temporarily impacted will be revegetated with native habitat. Therefore, the proposed restoration will provide adequate in- kind mitigation for temporary project impacts. Table 3,. Summary of Temporary Impact Areas to Be Restored Restored Current Habitat Pre-Impact Acreage Restored Habitat Acreage SCWRF 0.1,96 SCWRF 0.229 SWS 0.644 SWS 0.644 CVFM 0.005 CVFM 0.005 NQTR. 0.1,01, Native riparian habitat' 0.101 NNG 0.1,77 Native upland habitat' 0.177 TOTAL 1.123 1.156 Appropriate habitat types for the temporary impact areas that are currently disturbed with nonnative species will be determined by the restoration ecologist based on the ecological conditions and the immediately adjoining habitat types. 3.2 Functions and Values to Be Restored Habitat functions are defined as the normal. or characteristic activities that take place in a particular habitat. Wetland/riparian areas perform a wide variety of functions, in a hierarchy from simple to complex, as a result of their physical,, chemical, and biological attributes. At the highest level of this hierarchy is the maintenance of ecological integrity, the function that encompasses all of the structural components and processes in a wetland/riparian ecosystem (Smith et al. 1995). Example wetland functions that may be provided by the temporary impact areas include water quality improvement, floodwater storage, fish and wildlife habitat, aesthetics, and biological.productivity. Upland habitats also perform. ecologicalfunctions, such as providing habitat for wildlife species and buffer habitat for wetlands. The mitigation program is intended to restore all habitat functions and values that will. be temporarily impacted by bridge replacement by restoring the temporary impact areas with native habitat. In addition, because the temporary impact areas are degraded to a certain extent by edge effects (including the presence of nonnative plant species) associated with the surrounding urban development, their restoration,provides an opportunity to increase the ecological functions within Page 18 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 53 of 534 these areas. Tberefore, restoration of the temporary impact areas with native habitat is expected to provide a "lift" to biotic and abiotic processes and functions within the temporary impact areas (e.g., improved and expanded habitat for sensitive species such as least Bell's vireo). 0 33 Rationale for Expectint! Success The majority of the temporary impact areas previously supported the habitat types with which they will be restored, indicating that these areas, are suitable for those habitat types. The habitat types, for temporary impact areas, that were disturbed with nonnative species before project impacts will be decided based on ecological conditions and adjacent habitat types, which will ensure that these areas are restored with appropriate haitats. Given the observed hydrological patterns and riparian vegetation within the majority of the temporary impact areas, there is a high confidence that the site hydrology will successfully support the planned habitats after completion of the restoration program. It is expected that once the restored habitat is established, it will be healthy and self-sustaining. Based on the site conditions, it is expected that temporary irrigation would only be needed for 2 (or 3) years to help establish container plants and seeded species. After that, irrigation use would be permanently discontinued. The mitigation program is also expected to be successful because of the location of the temporary impact areas within and adjacent to the SWOMA, which already supports wetland restoration and mitigation areas. The project's location lends high confidence that directly adjacent land uses will remain compatible with the habitat restoration. 3.4 Time Lapse Construction of the proposed project is anticipated to last approximately 27 months and would be conducted in stages to maintain vehicle access during construction. Implementation of the restoration program will occur after the conclusion of bridge replacement activities, once the temporary impact areas are no longer needed for construction staging. The mitigation and monitoring program will take place over a 5-year period following restoration installation. The success standards described in Section 6.6 are intended to be met at the end of this period. Establishment of multi-canopy and high-quality riparian habitats may take longer than 5 years. Specifically, willows and other tree species can take 10 to 15 years to mature, depending on environmental factors such as water availability and soil conditions. Therefore, the 5-year success standard represents an intermediate stage in the long-term succession of the restored habitat. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 19 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 54 of 534 4'.0 IMPLEMENTATION PLAN Provided below is a review of responsible parties and information about access and staging areas, implementation steps and schedule, nonnative species removal protocols, site preparation, temporary irrigation, and the planting plan. 4.1 Responsible Parties Project Proponent. The City is responsible for financing installation, maintenance, and monitoring in accordance with this CMMP to successfully complete the mitigation program. The City's project manager will be responsible for coordinating project progress and ensuring that the details, in this plan are successfully carried out. Restoration Specialist. Overall supervision of the installation, maintenance, and monitoring of this mitigation program will be the responsibility of a qualified restoration ecologist. The restoration ecologist will be an individual or team of individuals with a degree in botany, ecology, or related field, and a minimum of 5 years of successful experience in Southern California with wetland and riparian restoration. The restoration ecologist will educate all participants about mitigation goals and requirements, and oversee protection of existing biological resources; nonnative plant removal; erosion control; site preparation; planting and seeding; and maintenance, monitoring, and reporting. Landscape Architect. Any landscape construction plans for the on-site revegetation program will be prepared by a licensed landscape architect. This task may be completed by the restoration ecologist if that individual(s) is in possession of the appropriate qualifications. Installation Contractor. The City will retain a qualified landscape installation contractor with demonstrated experience in successfully installing and maintaining wetland restoration projects. The contractor will be responsible for implementing the mitigation program and providing maintenance for the 120-day plant establishment period (PEP). The contractor will be a firm (or firms) holding a contractor's license (C-27). The responsibility of the contractor will be complete when the City's project manager agrees that the implementation and initial maintenance phases of work are completed, per the plan specifications. As determined by the City, the installation landscape contractor may continue after installation to maintain the temporary impact areas parcel for 5 years, or the City may retain a separate qualified landscape contractor to perform the 5-year post-installation maintenance period. Page 20 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 55 of 534 Maintenance Contractor. The !pity will retain a qualified landscape maintenance contractor with demonstrated experience in successfully maintaining wetland restoration. projects. The contractor will be responsible for maintaining the mitigation program., beginning with the approval of the 120-day PEP and ending with mitigation program. sign-off. The contractor will be a firm. or firms) holding a contractor's license (C-2 . The responsibility of the contractor will be complete at the end of the -year maintenance period or when the mitigation, program. receives sign-off fromthe City and the resource agencies, whichever occurs first. 4�.2 Access and Sty in Access to the portion of the temporary impact areas within Chula Vista will. be granted temporarily by the City to the contractors who will be conducting :habitat restoration: installation., maintenance, and monitoring activities. access will be allowed during daylight working hours on. days approved by the City. The County will temporarily grant access to the contractors to those temporary impact areas within. the County limits. Access will be allowed during daylight working hours on days approved by the County. Access and staging will be conducted in a manner that avoids direct or indirect impacts to adjacent native habitat areas. Vegetation trimming will not be needed to allow access to the temporary impact areas, and foot access should be via established paths e.g., the County's equestrian trail or the City's multipurpose path) whenever possible. To protect against contaminant leakages during access and staging, the contractor will be responsible for taping measures to prevent chemicals, fuels, oils, and other hazardous materials from entering public water, air, and soils. Disposal of any materials, wastes, effluent trash, garbage, oil, grease, and chemicals will be done in accordance with federal, state, and Local. regulations. 43 Implementation Steps and Schedule Implementation of the mitigation program will include demarcation of the temporary impact area limits, demarcation of the access and staging areas, site preparation, and container planting and seeding.. Implementation of the restoration program should follow the schedule presented in. Table 4. All word except planting, seeding, and maintenance activities will be completed outside of the breeding season (January 15 through September 1 5) to avoid potential impacts to raptors, and migratory birds, including bast Bell's vireo. Compensatory]mitigation and Monitoring Plan for the Willow Street Bridge Project Page 21 04080084 W lloiv St Br°ickm,CIiI: '1,doc° 1211812012 2020-05-05 Agenda Packet gage 56 of 534 Table 4. Anticipated Restoration Implementation Schedule Task Completed By Preparation of Mitigation Construction Documents March 2013 (grading,planting/seeding,and irrigation plans) Retainment of a Restoration Ecologist and Contractor(s) May 2015 Initiation of Container Plant and Seed Acquisition June—September 2015 Demarcation of the Temporary Impact Area Limits and Access/Staging Areas June—September 2015 Exotics Treatment and Biomass Removal July—October 20 15 Decompaction of Tempora a Impact Areas August—September 2015 Container Planting and Seeding December -January 2016 Implementation Monitoring Feb,ruaa 201 Conduct 120-I ay Plant Establishment Period(PEP) Februar)�—April 2016 Conduct 5-Year Maintenance and Monitoring Period 5 years from successful installation X2021} 4.4 Site Preparation Site preparation will include decompaction of the temporary impact areas as necessary), removal of any remaining debris (concrete, trash, etc.), installation of erosion control and site protection materials, and eradication and removal of any nonnative species present within the temporary impact areas. 41.4.1 Site Protection and Species Conservation Measures Prior to commencement of restoration activities, the limits of the temporary impact areas will be surveyed and marked in the field. The temporary impact will. be protected from public access with temporary fencing and/or signs prohibiting trespassing. The temporary fencing and/or signs will be installed in a manner that does not impact sensitive habitats to be avoided. The temporary impact area limits and temporary fencing will. be checked and confirmed by the restoration ecologist and City before the contractor begins the installation phase. To avoid potential impacts to listed species associated with the restoration program, certain. measures to protect these species must be observed. These should include the following: • Avoid work during bird breeding season (January 15 through September 15), except for planting, seeding, and maintenance activities. • The restoration ecologist will conduct a training session for all personnel prior to the initiation of site preparation. At a minimum, the training will include a description of the listed and sensitive species in the area (including photographs), their general ecology, sensitivity of the species to human activities, legal protection afforded these species, Page 22 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 57 of 534 penalties for violations of federal. and state laws, reporting requirements, and the conservation measures designed to avoid potential impacts tothese species. • The restoration ecologist will be on-site at least once a day during site preparation activities, planting, and seeding to check on the restoration and provide guidance to the field crews. • No work will occur immediately prior to or during rain events. • Project landscaping separate from the native habitat restoration areas will not include exotic plant species listed on California Invasive Plant Council's (Cal-IPC "Invasive Plant Inventory" list (Cal-IPS" 20o6). 4.4.2 Native Species Salvage and Exotics Treatment After bridge construction, site preparation will include the avoidance and protection of any salvageable native species and the removal and disposal of all nonnative vegetation. Prior to the initiation of exotics treatment, the restoration ecologist will determine if any native species are growing within the temporary impact areas that may be salvaged. Because the temporary impact areas, will be used for construction access, staging, and material storage during bridge replacement, it is, not expected that many, if any, native species will resprout or germinate on- site. However, during restoration site preparation activities, any salvageable native species identified by the restoration ecologist will be marked for protection via nagging and staking. These plants will be protected and avoided by the installation contractor during site preparation and installation activities. In addition, all nonnative vegetation within the temporary impact areas will be removed and properly disposed of off-site. Initial removal of vegetation during the installation phase will occur primarily through physical and mechanical means (i.e., brushing and cutting), although 2 perennial invasive exotics will be treated with herbicide. Once decompaction of the site is completed, nonnative control during the planting and seeding phase and post-installation maintenance period will occur primarily through hand pulling and herbicide treatment. All nonnative seed heads and plant debris will be removed from the temporary impact areas and properly disposed of off-site. Perennial invasives should be treated using the "cut and daub" method, which may be conducted with chainsaws or handsaws. Any resulting material will be For the purposes of this CMMP, invasive exotic plants are those species recognized by the California Invasive Plant Council (Cal-IPC 200 6) as "high" and "moderate" threats to California wildiands and those recognized on- site as potentially inhibiting the establishment and development of native plant species. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 23 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 58 of 534 removed from. the site and disposed of properly off-site. The remaining stumps may be left on- site to decompose, although they may require occasional berbic de re-treatment. Herbicide application will e accomplisbed by licensed contractors using the e .:er c e Aquamaster or equivalent aquatic-approved herbicide). Herbicide will be tinted with a biodegradable dye to facilitate visual control. of spray. Herbicide reporting forms will be prepared and submitted to the City following application. Herbicide use should be limited to localized applications, rather than foliar applications, to limit the possibility for drift and impacts to neighboring native species. 4.4,3 Decompact on and Erosion Control Measures Following nonnative species removal, any portions of the temporary impact areas that have been compacted by construction activities will. be decompacted.. The restoration ecologist and installation contractor will determine which areas require decors paction. l ecornpaction will occur by ripping to a depth of 18 inches two tunes in a perpendicular pattern. Any resulting soil clods will be reduced in size to reestablish nature soil. conditions on-site. The soil. surface should be left in a roughened condition appropriate for promoting seed germination and establisbment. l ecornpaction should occur immediately prior to planting and seeding, and appropriate erosion. control materials will be installed following decompaction to avoid runoff and potential. water quality issues. Erosion control materials may consist of boundary silt fencing, gravel bags, fiber rolls, bonded fiber matrix, weed-free straw wattles, and mulch, as needed. These siltation and erosion control measures will be made from biodegradable materials and will have no plastic mesh, to avoid creating a wildlife entanglement hazard. Appropriate erosion control measures will be installed and maintained in areas of the site as determined by the restoration ecologist and the City. 4.5 Plantn and See+din Plan. Following completion of site preparation, container plants will be installed within the temporary impact areas (Figure 5)�. planting should occur in the late fall, immediately concurrent with the onset of the winter rainy season, to tale advantage of the full growing season and allow the planted species to become well established. Page 24 Compensatory Mitigation and Monitoring Flan for the Willow Street Bridge Project 2020-05-05 Agenda Packet, gage 59 of 534 A If 211 LEGEND Project Site Bridge Municipal Boundaries Temporary Impact Revegetation Areas Native Riparian Plant Palette Native Upland Plant Palette Expected to Revegetate with Natural Recruitment(No Planting) Source:ESIRI 2012;AerialExpress 2010;SanGIS 2012 Figure 5 150 75 0 150 Feet =NEI Planting and Seeding Scale:1:1,800,1 inch=150 feet Plan Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004)04080084 Willow Street Rru�ge�5GIS)Mxd('MMPTqg5 Planfii�i;SeedingPlan.nad,1211-312012,conradill 2020-05-05 Agenda Packet Page 60 of 534 This page intentionally left blank. Page 26 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 61 of 534 Two site-specific container plant palettes and seed mixes were developed for application withinthe temporary impact areas. Native riparian and upland plant palettes and seed mixes are provided in Tables 5 and 6, respectively. A plant palette for CVFM is not provided, as the amount of this habitat that will be temporarily impacted is very small, and will only be impacted by temporary shading caused by the footbridge no clearing of vegetation). This habitat is expected to passively revegetate following the removal of the footbridge. The plant selections are based on native plant species observed or known, to occur within the vicinity of the site. These plant palettes are based on, intentionally overplanting the temporary impact areas to a small degree to allow for some mortality while still. achieving the restoration program. goals. The restoration, habitat types for the temporary impact areas that were disturbed with nonnative species before being impacted will be determined in the field by the restoration, ecologist, based on ecological conditions and adjacent habitat types. The ma ority of these areas are expected to be planted with riparian species. However, the final, species numbers installed in the temporary impact areas will. be provided with the as-built construction plans prepared at the completion of installation. Container plants will be installed prior to application of the two seed mixes. Container plants will. be installed in. a manner that mimics naturalplant distribution (e.g., random and/or aggregate distributions rather than uniform rows). Prior to planting, the restoration, ecologist will lay out the species and provide appropriate composition layouts within different ecological settings. This is particularly important, as different riparian species are expected to thrive in different portions of the temporary impact areas, based on elevations and distance to groundwater. Generally, wetter areas (those closer to the Sweetwater River) will be planted with different species (e.g., willows, Fremont cottonwood) than those that are not as seasonally wet (e.g., mulefat, western sycamore, coyote brush). Specific container plant and seed specifications are as follows. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 27 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 62 of 534 41 Table 5. Native Riparian Plant Palette and Seed Mix Approx.Spacing Common Container (feet on center) Number Species Name Size from Like Species3, per AC re4 CONTAINER PLANTS'2 Understory and Shrub Spec es Baccharis pilularis coyote brush I gallon 15 50 Baccharis saficifblia mulefat I gallon 20 1,00 Rosa calbrnica California rose I gal Ion 12 100 Salix exigua narrow-leaf willow 1, gallon 20 100 Subtotal 350 Trees Platanus racemosa western sycamore I gallon 30 50 Populusfi-emontii Fremont cottonwood I gallon 40 25 Salix gooddingii black willow 1. gal I on 40 100 Salix laevigatat red willow 1. gallon 15 100 Salix lasiolepis arroyo willow 1. gallon 15 100 Subtotal 375 Total 725 Plants will be from within 10 miles of the project site or from alternative sources(closest commercially available sources)approved by the restoration ecologist. 2 Plants will be certified as free of exotic pests(e.g.,Argentine ants)prior to delivery on-site. 3 Any potential substitutions must be approved by the restoration ecologist. The restoration ecologist will lay out the species and will provide appropriate composition layouts within different ecological settings. 4 The 725 plant-per-acre average equals approximate spacing of 8,feet on center. Minimum Pounds,of Percent Purity/ Pure Live Seed Species Common Name Germination (PLS)per Acre 3 SEED MIX I,2 Ambrosia psilostac4a western ragweed — 85/25 2.0 Artemi,5ia dou&siana Douglas' mu wort — 75/50 0.4 Carex Vivsa San Diego sedge 85/75 1.0 Eleochari,s macrostac4a pale spike-rush 70/70 1.0 Hefiot�c� iurn curassavicum salt heliotrope 8/4,8 0.5 Leymus condensatus gia t wild-rye 90/80 1.0 Juncus mexicanus Mexican rush 95/80 0.1 Oenothery elata ssp.hookerii Hooker's evening primrose 98/75 0.8 Pluchea sericea arrow weed 35/60 0.1 Total 6.9 Seeds will be from within 1.0 miles of the project site or from alternative sources(closest commercially available sources)approved by the restoration ecologist. 2 Any potential substitutions must be approved by the restoration ecologist. 3 The contractor will purchase the quantity of bulk seed that provides the specified PLS given the actual purity and germination rates of the seed stock. Page 28 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 63 of 534 41 Table 6. Native Upland Plant Palette and Seed Mix Approx.Spacing Common Container (feet on center) Number Species Name Size from Like SpecieS3 per Acre 4 CONTAINER PLANTS'2 Artemisia callfbrnica California sagebrush 1. gallon 15 200 Baccharis pilularis coyote brush 1. gallon 15 75 7&hiopsis laciniata San Diego sunflower I gallon 15 120 Eriogonumfiasciculatum California buckwheat I gal Ion 15 245 [voco a me,nziesii coastal goldenbush I gal Ion 15 85 Rhus ince grifolia lemonadeberry I gallon 80 5 Salvia melfifgra black sage I gal Ion 15 145 Total I 1 1 875 Plants will be from within 10 miles of the project site or from alternative sources(closest commercially available sources)approved by the restoration ecologist. Plants will be certified as free of exotic pests(e.g.,Argentine ants)prior to delivery on-site. 3 Any potential substitutions must be approved by the restoration ecologist. 4 The 875 plant-per-acre average equals approximate spacing of 7 feet on center. M* 0 mimum Pounds of Percent Purity/ Pure Live Seed Species Common Name Ger min a tio n (PLS)per Acre 3 SEED MIX I,2 Acmes on glater deerweed 90/60 1.0 Artemisia cal y; rnica California.sa ebrush 15150 0.6 Baccharis pilularis coyote brush 2/40 0.1 Eric gonum fiisciculatum California buckwheat 10/65 2.0 Eschscholzia call arnica California poppy 98/75 1.5 Isocoma menziesii coastal goldenbush 20/40 0.1 Phacelia cicutaria cate_Tillar phacelia 95/80 0.5 Salvia mellyera black sage 70/50 0.7 Total 6.5 Seeds will be from within 10 miles of the project site or from alternative sources,(closest commercially available sources)approved by the restoration ecologist. 2 Any potential substitutions must be approved by the restoration ecologist. 3 The contractor will purchase the quantity of bulk seed that provides the specified PLS given the actual purity and germination rates of the seed stock. 4.5.1. Container Plant Specifications The contractor will obtain container plants from a qualified nursery. All plant materials will be locally native species; no cultivars will be used. Plants and seeds should be obtained from the Sweetwater River watershed in San Diego County, to the extent feasible. Plants must be certified bythe nursery to be free of exotic pests (e.g., Argentine ants) prior to delivery on-site. The restoration ecologist will confirm that plants are delivered to the site in a healthy and vigorous condition before they are installed. The restoration ecologist will inspect container Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 29 04080084 Willow St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 64 of 534 plants and reject plants that are dead, root-bound, stunted, pest-infested, diseased, or unacceptable for other reasons. Prior to planting, the restoration ecologist will lay out the species and will provide appropriate composition layouts within different ecological settings. In addition,, the restoration ecologist will be on-site at least once a day during planting of the temporary impact areas to check on planting activities and provide guidance to the field crews. The restoration ecologist will also be present during collection of willow and mulefat cuttings to oversee this process, if cuttings are used to supplement the container plants. Container plants will be installed in a manner that mimics naturalplant distribution (e.g., random. and/or aggregate distributions rather than uniform rows). 4.5.2 Container Plant Installation Steps Following are the steps to take when installing container plants: • Dig a hole twice as deep and three times as wide as the container. Break up soil clods and avoid a smooth-sided "bathtub" effect in the hole. Fill the planting hole with water and allow the water to drain completely into the soil. • Partially backfill the hole with native soil to allow planting at the proper depth. Moisten and gently tamp the backfill into place. Remove the plant from its container and place on top of the moistened backfill so that the plant collar is approximately I inch above finish grade. Then backfill the remaining hole with native soil. • Create a planting basin berm, roughly 2 feet in diameter around the plant, and apply I to 2 inches of coarse,, organic, weed-free mulch inside the berm. Thoroughly water and allow the basin to drain. Planting will be considered complete when approved by the restoration ecologist and the City. 4.5.3 Seed Sp�ecifications The contractor will obtain seed from a qualified supplier. Seed should originate from within 10 miles of the project site, to the extent feasible. All seed must be delivered to the site in sealed and labeled packaging, along with a California State Agricultural Code seed certification that includes the supplier's name, geographic location, species name, collection date, tested purity and germination percentage rates, percent pure live seed, and bulk weight of the package in pounds. The seeds will be ordered and delivered in separate, original containers by species, and inspected by the restoration ecologist. The contractor will be responsible for adjusting bulk Page 30 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 65 of 534 seeding rates, as necessary, based on the tested purity and germination rates for the delivered seed to achieve the specified amount of pure live seed. The restoration ecologist will, inspect the seed before it is mixed with other species from. the seed mix and applied on-site, and will reject seed lacking certified tags or not conforming to specifications. 4.5.4 Seed Application Methods • Seed ap�p�lication rates are provided in Tables 5 and 6. The contractor is responsible for adjusting bulk seeding rates as necessary, based on the tested purity and germination rates for the delivered seed, to achieve the specified amount of pure live seed. • The seed mixes may be applied in one of two ways: 1. Hydroseed application.- Create slurry with seed (at specified rates per acre), 2,000 pounds/acre of organic fiber mulch, and 150 pounds"acre of organic tackifier. Evenly apply and spray hydroseed slurry from at least two directions to help interlock mulch fibers. 2. Hand broadcasting-. The seed mix will be combined with sand and hand broadcast throughout the temporary impact areas. It will then be raked into the top 1/4 to V2 inch of topsoil. • Care must be taken during seed application to avoid damaging the container stock. The restoration ecologist and City will determine when the planting and seeding phase is successfully completed. Completion, of this phase will mark the beginning of the 120-day PEP. 4�.6 Temporary Irrigation Prior to container planting and seeding, the contractor will install a temporary irrigation system to provide water to the container plants and seeded areas during their establishment phase. A, temporary drip irrigation system is recommended. The system should be designed to last several, years under harsh weather conditions. The system will include temporary PVC irrigation pipes, with main lines and valves installed below-grade and delivery lines installed on-grade. The system will be designed to irrigate the entire site, but will be zoned to allow for control of delivery to each area individually. Through the installation of a master header, water can be delivered in greater quantities to supply the drip irrigation system. It is expected that the temporary irrigation system. will be used for the first 2 years of the scheduled 5.year maintenance and monitoring program. If necessary, irrigationmay be used Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 31 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 66 of 534 during the third year. A goal, of the mitigation program is for the temporary impact areas to persist without irrigation for at least 2 years before the mitigation, program is considered complete. Operation, maintenance, and removal of this system are reviewed in Section 5.5. 4�.7 Final Landscape Construction Plans and As-Built Conditions The restoration ecologist and the City will determine when the installation phase is successfully completed. Completion of this phase will mark the beginning of the 120-day PEP. Once the installation phase is complete, the installation contractor will prepare a set of as-built construction plans that will detail any changes in the temporary impact area limits and acreage, and any changes to planting or seeding (i.e., species and quantities) compared to the original planting and seeding plans. The as-built plans will, also include specific numbers of species installed. The installation contractor will submit the as-built plans electronically to the City within 30 days of the installation being complete. The restoration ecologist and City will review the as-built plans and determine if the installation, contractor needs to make any revisions before they are finalized. 5.0 MAINTENANCE The installation contractor will be responsible for maintenance after installation for the first 120 days of Year 1. After the initial 120-day PEP, the maintenance contractor (which may be the same firm as the installation contractor or a separate firm) will take over responsibility for the remainder of the scheduled 5-year maintenance period. The maintenance contractor will perform maintenance visits and activities in accordance with the restoration goals presented in this CMMP. The number of maintenance visits will vary depending on the amount of work necessary for the temporary impact areas to meet success standards on schedule. The intensity of maintenance over the 5-year period is expected to subside each year as, native plants become established and competition from nonnative plants is reduced through removal of these species,. As, a guideline, the maintenance contractor is, expected to perform maintenance monthly during Years I and 2 and quarterly during Years 3 through 5. The frequency of maintenance may be increased if needed, as determined by the restoration ecologist. For example, exotics treatment may occur more frequently in the spring to adequately control germinating annual exotics,. The maintenance contractor will coordinate with the restoration ecologist on a regular basis, to determine priority maintenance activities during different periods of the project. All maintenance work will be completed by crews on foot. Access to the temporary impact areas will follow the access routes nagged by the restoration ecologist prior to site preparation. Page 32 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 67 of 534 Maintenance activities will include the small area of CVFM and the areas under the new Willow Street Bridge, although these areas will not be planted or seeded. Weed control of the area under the new bridge is particularly important. Because this area will be shaded by the new bridge, it is not expected to support substantial, amounts of native riparian vegetation, and thus will not be targeted for planting. However, this area could provide a nonnative seed source if not properly maintained. The primary maintenance obligations are reviewed below. 5.1 Site rte tion and Erosion Control Unauthorized foot traffic and vandalism. have potential, to occur within the temporary impact areas. Therefore, the site will be protected for the duration of the 5-year maintenance and monitoring period by temporary fencing and/or signs prohibiting trespassing installed prior to restoration program installation. The maintenance contractor will. be responsible for maintaining and repairing replacing the site protection measures, as necessary. If vandalism does occur, the need for additional. site protection measures will. be evaluated to determine the best approach to protect the site. This may include consultation with the City. During the maintenance period, the temporary impact areas will, be evaluated on a regular basis to determine if erosion control, materials need to be added or repaired/maintained. Erosion control materials may include silt fencing, straw wattles, or naturalfiber matting. Any siltation and erosion control measures will be made from biodegradable materials and have no plastic mesh, to avoid creating a wildlife entanglement hazard. 5.2 Weed Control Nonnative species control during the 5-year maintenance and monitoring period will consist mainly of hand pulling, weed whipping, and herbicide treatment. Invasive exotiCS3 will be eradicated wherever they occur within the temporary impact areas. During site monitoring visits (Sections 6.1 — 6.3), the restoration ecologist will create a list of exotic species that need to be removed. Less problematic weeds will be controlled when they proliferate beyond acceptable levels, and are inhibiting the development of native plants. The need for control of these species will be determined by the restoration ecologist. Nonnative plant species will also be removed 3 For the purposes of this CMP, invasive exotic plants are those species recognized by Cal-,IPC 2006 as "high" and, "moderate" threats to California wildlands and those recognized on-,site as potentially inhibiting the establishment and development of native plant species. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 33 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 68 of 534 from container plant basins until the container plants are established. Nonnative plants will be removed before they become 12 inches h.i.gh or they set seed. Hand pulling should focus on small occurrences of annual. weeds and seedlings of perennial. species that can: be completely removed including the root system). Hand pulling is especially effective in the winter and early spring, when annual weeds lave just germinated and are fairly small, and when, wet soils allow easy removal of the entire plant. No mechanical methods or hand tools (such as a shovel) will be used to excavate nonnative species. if root systems of particular nonnative plants that are in a young/small stage cannot be feasibly removed with Viand pulling, herbicide may be applied (see below for guidelines regarding herbicide use). Mecban.i.zed weed control may be conducted using either a bi.gh deck mower and/or string trimmers. A high-deck mower may be used where large, flat areas have heavy weed cover and little or no native growth. The mowers can be set at different heights to target weed inflorescences (flower stalls) but to leave native inflorescences unmowed. String trimmers are especially useful in areas that support too many native species to use a mower, or that are isolated in patches. Weed debris will be properly disposed of off-site. Herbicide application will e accomplisbed by licensed contractors using the e .:er c e Aquamaster or equivalent aquatic-approved herbicide). Herbicide will be tinted with a biodegradable dye to facilitate visual control. of spray. Herbicide reporting forms will be prepared and submitted to the City following application.. Herbicide use should be limited to localized applications, rather than foliar applications, to limit the possibility for drift and impacts to neighboring native species. 3 Trash Removal Trash and debris will be removed from the temporary impact areas during regular maintenance visits and properly disposed of off=sits Organic debris, such as dead limbs, provides habitat value for wildlife and may be left in place, 5A Plant Care and Supplemental lantin /Seefl n Container plant care will be performed as necessary to assist with plant survival and establishment. Plant care includes controlling competing weeds within plant basins, watering the container stock (using a temporary automated irrigation system or other methods), and replacing any diseased or dead plaints as needed. plant care will also be provided for native species that are seeded and, volunteer on-site by removing competing nonnative species. JAIL dead container plants will be replaced at the first and second anniversary of plant installation, unless their Page 34 Compensatory Mitigation and Monitoring Plan for the Willow street Bridge Project 2020-05-05 Agenda Packet, gage 69 of 534 function has been replaced by natural native plant recruitment. Also at the first and second anniversary of plant installation, the restoration ecologist will determine if the small CVFM temporary impact area requires supplemental planting and/or seeding. 0 5.5 Temp =Irrmation The contractor will be responsible for operation and maintenance of the temporary drip irrigation system, including the replacement of nozzles, broken lines, and other issues. The contractor and restoration ecologist will agree on an irrigation schedule during different times of the year. The need for any supplemental irrigation will be determined by the restoration ecologist during site monitoring visits,. It is the intent of this CMMP that irrigation be used judiciously and only when needed. Minimal use of irrigation will promote the establishment of hearty plants with well- developed root systems. In general, infrequent deep watering will be performed to promote deeper root development, as, compared to frequent surface watering. Irrigation use will be adjusted accordingly during the maintenance period,, depending on factors such as plant size and health, and weather conditions. Generally, irrigation will be used to supplement rainfall during the winter and spring, and will be used as modestly as possible during the summer months. It is expected that supplemental watering with the irrigation system will be needed for the first 2 years of the scheduled 5-year maintenance and monitoring program. If necessary, irrigation may be used during the third year. As the container plants become established, the contractor and restoration ecologist will agree on a reduced irrigation schedule, and will eventually phase out irrigation. A goal of the mitigation program is for the temporary impact areas to persist without irrigation for at least 2 years before the mitigation program is considered complete. Once irrigation is no longer needed, as determined by the restoration ecologist, the contractor will remove the irrigation system without damaging native plants. 6.0 MONITORING AND SUCCESS STANDARDS The restoration ecologist will perform monitoring during the restoration installation phase and for 5 years after installation or until success criteria have been met) to verify that functioning, self-sustaining native habitat is established. The restoration ecologist will perform post- installation qualitative and quantitative monitoring to track the progress of the temporary impact areas relative to success standards, and to determine, in a timely manner, whether remedial measures are needed. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 35 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 70 of 534 *t 0 6.1 Implementation on ori The restoration ecologist will monitor the implementation, phase to verify that initial. exotics treatment and biomass removal, site preparation, and native planting and seeding are performed in accordance with, this CMMP. Monitoring will include establishing permanent photo points to be used for implementation monitoring and subsequent qualitative and quantitative monitoring (see Sections 6.2 and 6.3). Once installation has been successfully completed, as determined by the restoration ecologist and the City, the restoration ecologist will write a post-installation letter report, which will,be provided to the City and resource agencies (Section 6.5). 6.2 Qualitati've Monito * Qualitative monitoring will focus on soilconditions, container plant health, seed germination rates, presence of native and nonnative species, any significant disease or pest problems, and any erosion problems. Qualitative monitoring will be performed monthly during Year 1, quarterly during Years 2 and 3, and semiannually during Years 4 and 5. In addition, the restoration ecologist may visit the site more frequently, if necessary. An important feature of this monitoring is to coordinate with the contractor to exchange information, provide feedback, and agree on priority maintenance items and remedial. measures, if needed, during different stages of the mitigation program. The restoration ecologist will use the results of the qualitative monitoring to determine whether maintenance weed control is needed, whether the container plants require supplemental, water, and whether replacement planting is needed. Qualitative monitoring will include vegetation monitoring and photo-documentation. Vegetation monitoring will include an assessment of the presence and approximate cover of exotic species, general health and approximate cover of native plant species, survivorship and condition of the container stock, erosion problems, and unauthorized site access. For the first 2 years of the 5-year maintenance and monitoring period, photos will be taken at established photo-documentation points on a quarterly basis. Thereafter, photos will be taken at these points on an annual basis, in association with annual botanical monitoring. At least six permanent photo stations are recommended to adequately capture the temporary impact areas. Photo stations will be established in prior to site preparation and will be used to document the conditions of the temporary impact areas prior to restoration. The locations of the photo stations and direction in which the photos are taken (compass bearing) will be mapped in the field and displayed on an aerial photograph to be included in each annual monitoring report. Photos taken at the end of each year of monitoring will be included in the annual monitoring Page 36 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 71 of 534 reports (Section 6.5). The quarterly photos taken, during Years I and 2 will be included in the qualitative monitoring memorandums (Section 6.5). 6.3 Annual QuantiRative Monitorin Annual quantitative monitoring will be completed in the late spring/early summer (i.e., May or June) of each year to quantify new annual growth. Year I monitoring will be conducted during the spring/summer following site preparation activities. Annual quantitative monitoring will include photo-documentation and vegetation transects. These data allow for a quantitative assessment of the species composition, percent cover for native and nonnative species, and an evaluation of the project success compared to established performance standards. As mentioned above, at least six permanent photo stations will be established prior to site preparation, and photos will be taken at these points on a quarterly basis for the first 2 years of the maintenance and biological. monitoring. Thereafter, photos will be taken at these points on an annual basis. The annual, photos will be included in the annual monitoring reports. The photo- documentation record will show the vegetation cover in the temporary impact areas and their progression over time. Vegetation transect monitoring will include the sampling of 5o-meter transects placed in the temporary impact areas to determine relative and absolute cover of each plant species present. Depending on the extent of the final temporary impact areas, the length of the transects may need to be adjusted. Vegetation transect monitoring will use the California Native Plant Society field sampling protocol (Sawyer and Keeler-Wolf 1995). Transects will also record the presence and condition of organic matter on the soil surface. Randomly located permanent transects will be established during the first year of annual monitoring. These transects will be used as the basis for quantitative monitoring throughout the life of the restoration program. At least two line- intercept transects will be established in the temporary impact areas. The transects located within the SWS will be established perpendicular to the Sweetwater River. Transect locations will be recorded using Global Positioning System (GPS) technology. In addition to the photo stations noted above, photos will be taken from each end of every transect during each quantitative monitoring event. 6A Adaptive Mannement Adaptive management, also known as adaptive resource management, is a structured, iterative process of optimal decision-making in the face of uncertainty, with an aim of reducing uncertainty over time via site monitoring. As part of this process, it is important to anticipate Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 37 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 72 of 534 potential, (unforeseen or unpredictable) problems, and also to use formal and informal, monitoring information to learn and adapt so that maintenance remedial measures) and management decisions can. be tailored to address specific site conditions. This form of management will allow the City to respond to unforeseen or unpredictable problems early and to maintain progress toward the required success criteria.. For example, an anticipated solution to a problem in Year 2 of the mitigation programs may be adjusted or replaced with another solution in Year 4 as monitoring results provide new insight into the root causes of the problem. if the temporary impact areas are not on trachto meet the success criteria, adaptive management will be implemented to return the temporary impact areas to their desired condition. Provided below is a review of some potential problems and solutions that may be implemented during the maintenance and monitoring program. Although potential solutions are listed below, monitoring results and an evolving understanding of the site during the monitoring program will be the basis of identification of problems and implementation of solutions. The need for additional planting and/or seeding will be determined by the restoration ecologist, in consultation with the City and the resource agencies. Any additional planting or seeding considered to be necessary should be consistent with. Tables 5 and 6 of this CMMP. • Potential Problem: Poor native seed germination and establishment Potential Solutions: Adjust irrigation schedule, apply additional or alternative native seed 0 Potential Problem: poor native plant survival, growth, and establishment Potential Solutions: Improve soil conditions, adjust species planting based ono servation of hydrologic conditions, adjust irrigation schedule, install additional or alternative native plants 0 Potential Problem: Herbivory Potential Solutions: allow herbi.vory to continue for certain species if it will not result in. plant mortality; provide temporary cages around species that are being adversely affected 0 Potential.Problem: Invasion by exotic species Potential Volutions: Increase frequency of exotic plant control, improve native plant cover on-site to lessen exotic plant invasion locations, address off-site exotic plant population(s) 0 Potential.Problem: Extended drought Potential Solutions: Temporarily increase irrigation frequency, adjust native species composition Page 38 Compensatory/Mitigation and Monitoring Flan for the Willow Street Bridge Project 2020-05-05 Agenda Packet, gage 73 of 534 Potential Problem: Flood impacts Potential Solutions: Address significant erosion problems and modify site grades if appropriate, monitor degree of natural plant recruitment (which is typically positive after flood events), conduct supplemental native planting and seeding if needed 6.5 Re tim! Once installation of the mitigation program is successfully completed, as determined by the restoration ecologist and the City, the restoration ecologist will prepare a pest-installation letter report. The letter report will include photos taken from the permanent photo points and an aerial photograph showing the locations of the permanent photo stations and the directions in which the photos were taken (compass bearing). It will also describe the timing and methods of the implementation activities and the condition of the temporary impact areas at the end of the installation period, including presence and approximate cover of exotic species, general health and approximate cover of native plant species, survivorship and condition of the container stock, erosion problems, and unauthorized site access. The post-installation letter report will be submitted to the City project manager and the resource agencies. The restoration ecologist will prepare brief qualitative monitoring memorandums to summarize the results of the qualitative monitoring visits discussed in Section 6.2. Qualitative monitoring memorandums will be prepared quarterly during Years I and 2, and semiannually during Years 31 4, and 5. Qualitative monitoring memorandums will discuss the presence and approximate cover of exotic species within the temporary impact areas, general health and approximate cover of native plant species, survivorship and condition of the container stock, erosion problems, unauthorized site access, and any other issues requiring attention or remediation. The quarterly photos taken from the photo-documentation points during Years I and 2 will also be included in the memorandums. Qualitative monitoring memorandums will be submitted to the City project manager and maintenance contractor. The restoration ecologist will also prepare annual monitoring reports that will contain the results of the qualitative and quantitative monitoring, including the following.- An assessment of presence and approximate cover of exotic species, general health and approximate cover of native plant species, survivorship, and condition of the container stock, evidence of natural recruitment, erosion problems, and unauthorized site access. This information may be provided via attachments that include all of the qualitative monitoring memos prepared for that year. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 39 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 74 of 534 • An aerial photograph showing the locations of any sensitive species or their signs observed within the temporary impact areas during that year. • Photographs taken from the permanent photo points during annual monitoring and the accompanying aerial photograph with locations and photo directions. • Results and analysis of the vegetation transect monitoring and comparison to that year's success standards. • A description of the restoration activities, including supplemental planting or seeding and exotic species removal, that were completed on-site that year and when they were conducted. • A discussion of any problems noted in the temporary impact areas during that year and proposed activities for the upcoming year of monitoring, including any adaptive management activities deemed necessary. Draft reports will be submitted to the City project manager for review. Final reports will be submitted to the City and the resource agencies. The first annual monitoring report will be submitted in the fall following completion of Year I annual monitoring. Annual reports will be submitted to the agencies by October 30 of each year, or no more than 4 months after the end of the restoration year. 6.6 Success Standards and Remedial Measures Success standards are provided to assess the progress of the temporary impact areas so that the desired native habitat characteristics are achieved within 5 years. The success standards are based on observations of existing good-quality, similar habitats in the project site's vicinity. Yearly botanical success standards are provided as milestones to help determine whether the temporary impact areas are on track to meet the final success standards, or if additional planting, seeding, and/or other remedial measures may be necessary. A combination of qualitative and quantitative monitoring results will determine if success standards are being met. Establishment of a multi-canopy, high-quality wetland/riparian habitat within the temporary impact areas may take longer than 5 years. Specifically, willows and other tree species can take 10 to 15 years to mature. Therefore, after 5 years, the temporary impact areas are expected to be on a trajectory toward a mature habitat, and 5-year success standards represent an. intermediate stage in,the long-term succession of the restored habitat. Page 40 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 75 of 534 If necessary, appropriate remedial measures will be determined by the restoration ecologist in consultation with the maintenance contractor. If significant problems arise, the restoration, ecologist and the City project manager will consult with the resource agencies to agree on appropriate remedial, measures. Success standards and potential remedial, measures for the temporary impact areas are presented in Table 7. Botanicalsuccess standards include no supplemental, watering for at least 2 years before the mitigation is considered complete by the resource agencies to help verify that native habitat is established and self-sustaining. Table 7. Restoration Program Success Standards and Remedial Measures Milestone Success Standards' Remedial Measures Site Preparation and,Plant Soil in temporary impact areas decompacted; Conduct additional decompaction; and Seed Installation exotics and nonnatives removed;erosion remove remaining exotics and control in place as needed;no trash nonnatives; install erosion-,control measures;remove trash and debris Year 1 90%survival of container plants; control of all Install replacement container plants (includes, 120-day PEP) invasive exotiCS2 and overall nonnative cover and increase plant care(e.g., less than 15%;total native cover(from watering);reseed if necessary; container plants,seeded species,and natural intensify control of exotic and recruitment)no less than 20%;no erosion or nonnative species;repair erosion.; trash remove trash Year 285%survival of container plants; control of all Same as above,as necessary invasive exotics and overall nonnative cover less than 15%;total native cover no less than 30%;no erosion or trash Year 3 80%survival of container plants;control of all Same as above,as necessary invasive exotics and overall nonnative cover less than 1.0%;total native cover of 45%; species,"richness"of at least 18 native species (divided between annuals and perenniaIS)3;no erosion or trash Year 4 80%survival of container plants;control of all Same as above,as necessary invasive exotics and overall nonnative cover (except no watering) less than 10%;total native cover of 60%.-no supplemental watering;no erosion or trash Year 5 80%survival of container plants; annual Same as above, as necessary nonnative cover less than 10%and cover of (except no watering) invasive exotics at 0%,;total native cover of at least 75%; species"richness"of at least 18, native species(divided between annuals and perennials);no supplemental watering;no, erosion or trash The native cover success standards mainly apply to the temporary impact areas being revegetated with riparian habitat.The temporary impact areas being revegetated with upland habitat will be held to the nonnative cover, erosion, and trash success standards. For the purposes of this CNIMP, invasive exotic plants are those species recognized by the California Invasive Plant Council(Cal-IPC 2006)as"high"and"moderate"threats to California wildlands,and those recognized on- site as potentially inhibiting the establishment and development of native plant species. The restoration ecologist will provide guidance on the priority exotic species that need to be controlled,at any given time during the 5-year Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 41 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 76 of 534 maintenance and monitoring program. This list of high-priority species may change over the course of the program,as different nonnative species potentially volunteer within the temporary impact areas,although it will be consistent with the references cited above. 3 Species"richness"is the number of species noted on-site. Attainment of this success standard will be verified in post-installation monitoring Years 3 and 5 through the compilation of a detailed species list from the temporary impact areas.Native species total will include species planted and seeded,and volunteers. 7.0 NOTICE OF COMPLETION Once the temporary impact areas have met final success standards (as documented in the final report), and the restoration ecologist, City, and resource agencies concur with this determination in writing via email or letter), the scheduled 5-year maintenance and monitoring program will be complete. Maintenance and monitoring may be extended beyond 5 years, if necessary, to achieve final success standards. 8.0 REFERENCES AECOM. 2011. Final Initial StudylMitigation Negative Declaration, Willow Street Bridge Replacement Projeet, IS-10-006. November. AECOM. 2012a. Addendum to Mitigated Negative Declaration IS-10-006, Willow Street Bridge Replacement Project. December. AECOM. 2012b. City of Chula Vista — Waterline Potholing and Willow Street Bridge Replacement Projects—Jurisdictional Delineation Letter Report. March 19. California Invasive Plant Council (Cal-IPC). 2006. Exotic Invasive Plants of Greatest Ecological Concern. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. State of California, The Resources, Agency. Oberbauer, Thomas, Meghan Kelly, and Jeremy Buegge. 2008. Draft Vegetation Communities of San Diego County. Based on "Preliminary Descriptions, of the Terrestrial Natural Communities of California," Robert F. Holland, October 1986. Sawyer, J. O., and T. Keeler-Wolf. 1995. .E Manual of California Vegetation. California Native Plant Society. Page 42 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 77 of 534 Smith., R. D.1 A. Ammann, C. Bartoldus, and M. M. Brinson. 1995. An Approach for Assessing Wetland Functions Using IIIA drogeomorphic Classification, R'qference Wetlands and Functional Indices. Technical Report WRP-DE-9, U.S. Army Corps of Engineers, Waterway Experiment Station, Vicksburg, Mississippi. U.S. Department of Agriculture (USDl A). 1,973. Soils Survey qI'San Diego Area, California. Published by the United States Department of Agriculture (USDA) Soils and Conservation Service (SCS), Washington, D.C. Roy H. Bowman, ed. December. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 43 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-05-05 Agenda Packet, Page 78 of 534 This page intentionally left blank. Page 44 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-05-05 Agenda Packet, Page 79 of 534 RESOLUTION No. RESOLUTION OF THE CITY COUNCIL O THE CITY O C HULA TTA. AMENDING TIME FISCAL YEAR 2019/20 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, "WILLOW STREET BRIDGE REPLACEMENT PROJECT - ENVIRONMENTAL MITIGATION COMPLIANCE15 (STL0444); AND APPROPRIATING FUNDS THEREFOR R WHEREAS, construction of the "Phase II - Willow Street Bridge Replacement Project" (STL0261) is complete and habitat mitigation monitoring, reporting and maintenance for Year 1. of the required 5-Year Maintenance Period is currently underway and is set to end on June 30, 2020; and. WHEREAS, the scope of work for the proposed CIP Project, "willow Street Bridge Replacement Project - environmental Mitigation Compliance" (STL0444), will be the continuation of said habitat mitigation monitoring, reporting and maintenance services for the remaining Year 2 through Year 5 period; these services shall commence on July 1, 2020 and end on June 30, 2024; and WHEREAS, as required by the "Compensatory Mitigation and. Monitoring Plan (CMMP) for the willow Street Bridge Replacement Project", dated December 2012,. the City is required to implement a mitigation monitoring, reporting and maintenance program that will successfully revegetate and restore the temporary impact areas to the native habitats and jurisdictional resources that were originally present in these areas prior to the bridge replacement project. In order to demonstrate successful restoration, said program shall extend for a period of at least years upon completion of the bridge replacement construction; and WHEREAS, Year 1 of the program started in July 2019 and was included with the "Phase II — willow Street Bridge Replacement Project" (STL0261) [Federal Project No. BILLS- 52o (o 1 that was awarded by City Council on January 17, 2017 by Resolution 2017-014 as part of the bridge construction project; and WHEREAS, Year 2 through Year 5 of the mitigation monitoring, reporting and maintenance rtenance program will be included with the proposed project and will comprise of the remaining program period from.July 2020 to July 2024; and WHEREAS, during the program period, all mandatory reporting for the permitting agencies cies shall be fled in accordance with their requirements and at the end of the 5th year it shall � y be verified that the site has met all success criteria. Additionally, all Final reports shall be appropriately filed and approved by the per-nitting agencies before completion of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves amending the Fiscal Year 2019/20 CIP Program Budget by establishing a new 2020-05-05 Agenda Packet, gage 80 of 534 Resolution No. Page 2 CIP project, "Willow Street Bridge Replacement Project — Environmental Mitigation Compliance" (STL0444). BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves transferring $222,940 and $177,060, respectively, in TDIF and MBI' appropriations from STL0261 to STL0444. Presented by Approved as to for by WILLIAM S. VALLE GLEN R. GOOGINS Director of Engineering & Capital Projects City Attorney C:\Users\legistar\AppData\Local\Tei-np\BCL Technologieslew I T F 8\@,BCL @,5C0EDAB8\@,BCF @ ,5COEDL AB8,docx 2020-05-05 Agenda Packet, Page 8,1 of 534 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 May 5, 20O File ID: 01-01' TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND TETE SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING INSTALLATION ANIS' MAINTENANCE of TRANSIT SHELTERS AND BENCHES THROUGHOUT THE CITY, ANIS ALLOWING ADVERTISING ON SHELTERS ANIS BENCHES INSTALLED IN ACCORDANCE WITH THE MOU ACTIONRECOMMENDED " Council adopt the resolution. SUMMARY Per the January 2015 Memorandum of Understanding (MOU) between Chula Vista and San Diego Metropolitan. Transit System (MTS) regarding Chula Vista's divestment of Public Transportation Services, the Divestment MOU contempilated that the City and MTS would enter into a transit shelter and bus bench. contract in the future by means of a separate agreement. The adoption:of this resolution would approve the "IOU and allow advertising on transit shelters and bus beeches Installed pursuant to the MOU in accordance with CVMC section 12.36.070. ENVIRONMENTAL REVIEW The City's Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality pct (CEQA) and:has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Sectio. 1.5301. Class I (Existing Facilities), Section: 1.5302 Class 2 (Replacement or Reconstruction), Section. 15303 class 3 (New Construction. or, Conversion of Small Structures), and Section 15332 Class 32 (In-Fill Development Projects) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse charge in the significance of a:historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE EE T . Notapplicable. DISCUSSION The Citi of Chula Vista used to operate Chula Vista Transit from 1971 until January 13, 2015, per Resolution 201.5-009 (Attachment 1.), when it was divested and incorporated into the San. Diego 1 . 0 0 1 P IiI 1 2020-05-05 Agenda Packet, gage 82 of 534 Metropolitan Transit System (MT's) network. As part of the divestment of transit services, Chula Vista and MTS were parties to a "Divestment MOU" that contemplated entering into a bench and shelter contract by means of a separate agreement. Due to new transit shelters and benches that MTS would like to place within Chula Vista, it is necessary to enter into a new MOU. Recently, both parties agreed to an MOU that addresses these issues. MT,S has executed the MOU that is being presented for City Council's consideration (Attachment 2). MTS has recently purchased new transit shelters with receptacles for trash and recycling, and some with solar lighting, and both agencies desire to install such shelters and amenities at various locations throughout the City. The, new transit shelters and benches will improve the streetscape along the various major corridors where they are installed. Installation of these facilities will be done through a third-party contract that MTS has for installation, maintenance, and advertising (to fully fund ongoing maintenance and repair) at transit shelters and bench locations throughout MTS's jurisdiction. Both agencies will mutually seek opportunities and cooperate to facilitate the expansion of transit shelters and bench installations at various locations requiring minor infrastructure improvements, generally anticipated to be concrete flatwork and other minor improvements that will provide the necessary infrastructure for the public to use these transit facilities as intended. dvertisi The Chula Vista Municipal Code (``CVMC" section 12.36.060 (Attachment 3) generally prohibits the installation or maintenance of benches within the City's public right-of-way without first obtaining permission from the City's Director of Public Works. The Director of Public Works will provide permission to MTS and its contractors to install and maintain benches within the City's Public Rights-of-Way in accordance with the terms and conditions of the MOU. CVMC 12.36.070 (Attachment 3) generally prohibits advertising on transit benches installed in the public rights-of-way by others. CVMC 12.36.070 provides that the City is exempt from this prohibition and grants the City Council discretion to place advertising on benches installed in the public right-of-way. Staff recommends the City Council exercise such discretion to allow advertising on transit benches installed in accordance with the MOU. 'The MOU incorporates MTS Policy and Procedure 21 (MTS Policy 21) (Attachment 4) as the advertising standards for the MOU. MTS Policy 21 is the regional standard in use by numerous jurisdictions in the County. City Attorney staff have reviewed MTS Policy 21 and determined to be acceptable. Notices To Pro�per,tyowners. For the placement of the transit related appurtenances, MTS shall use its best efforts to notify the underlying property owners, as indicated on the most recent tax assessor's rolls, and building occupants that a new transit shelter or bench is proposed to be installed within 100 feet of their property in the public right-of-way prior to any transit shelter or bench installation. Such notice will not be required if a shelter or bench currently exists and is simply being replaced by a new shelter or bus bench unless it is significantly modified. Procedural Process/,Location Criteria for Transit Shelters and Benches P2 2020-05-05 Agenda Packet, Page 8,3 of 534 Per the, proposed MOU, the City would grant MTS, for a period of up to ten (10) years consisting of an initial five (5) base years and five (5) one year options, the authority to install, or cause to be installed, transit shelter�s, transit benches, and appurtenances within the public-right-of-way of the City, in accordance with the terms and conditions of the MOU. Prior to installing any transit shelter, transit bench, or appurtenance, MT,S will be required to submit the proposed location for such installation to the City for consideration. The City Manager or his/her designee will have the sole authority to approve, or deny any proposed installation. Further, if a proposed installation is approved, MTS or their contractor will be required obtain a no-cost master encroachment permit for all new transit shelters and benches in order to allow the City to track approved installation locations. Additionally, in locating, installing, and maintaining transit shelters, transit benches, and appurtenances under the MOU, MTS and their contractor will be required to comply with all applicable rules,regulations,and laws. Transit shelters and benches with advertising shall be permitted only in commercial, industrial, or multifamily housing areas in City unless otherwise authorized by the City Manager. Transit shelters and benches without advertising will generally be permitted in areas where a MTS bus stop is located, so long as City has not exercised its authority under the MOU to (i) reject a proposed transit shelter or bench location or (ii) remove an existing transit shelter or bench. Since transit shelter and bench maintenance contracts depend on advertising revenue to be sustainable, the intent is to maintain a ratio of at least 4-to-1 advertising to non-,advertising transit shelters and benches. Maintenance. MTS will have responsibility for repairs, maintenance, cleaning, installation, replacement, removal, trash and recycling service, graffiti abatement, painting, or any other work for transit infrastructure or appurtenances that are installed by MTS under this MOU. MTS shall continue to maintain responsibility for all work related to the bus stop pole (if any), bus stop blade,, and any MTS-,provided information or amenities attached to the bus stop pole, including installation, repair, replacement,removal, cleaning,and graffiti abatement at all transit/bus stop locations. Staff Recommendation Staff recommends the City Council approve the resolution and MOU. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Further., to the extent that any decision would have a reasonably foreseeable financial effect on any member's real property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property-related conflict of interest under the Political Reform Act(Cal. Govt 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. P 3 2020-05-05 Agenda Packet, Page 8,4 of 534 CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in no direct impact to the General Fund. ONGOING FISCAL IMPACT None. AT rACHMEN rs 1. Resolution 2015-009 dated January 13, 2015. Z. MOU between City of Chula Vista&the San Diego Metropolitan Transit System. 3. CVMC 12.36 (excerpt) 4. MTS Policy and Procedures Number 2,1 Staff Contact.-Francisco X Rivera, Principal Civil Engineer,Engineering and Capital Projects Department P 4 2020-05-05 Agenda Packet, Page 8,5 of 534 1 E OLHTION NO. 201-5-o09 RESOLUTION OF THE CITY COUNCIL OF THE CITE' OF CHULA VISTA APPROVING THE AGREEMENT EEI ENT BETNVEENI THE CITY AND THE METROPOLITAN TRANSIT SYSTEM (MTS) RE ARD THE CITYDIVESTMENT OF PUBLIC Tom;S PORTATION' SERVICES ANID AUTHORIZINIG THE SIA OR TO EXECUTE THE A REE-ME TT WHEREAS. the Cit%r has been operatin(3 public transportation services -%,is Chula Vista Transit (CVT) since 1971. and since 2002 it has been operatino, CVT from the John Lippitt Public Works Center TWC); and WHEREAS. on July 1, 2001. the City last its direct allocation of State Transportation Development Act (TDA) 4.0 funds and started to participate in the regional consolidation of TINA funds under the San Diego Metropolitan Transit vst em (N4 T ); and 'WHEREAS. in 2006 the City a crreed to consolidate operating contracts With MTS and participate in a joint procurement with MTS while still retaining operations from the PWC; and 'WHEREAS. MTS has completed their transit yard expansion at their transit facility located at -3650 Main Street in Chula Vista and will no longer need to operate from two transit yards; and q-IE REA . this divestment bar the Citv will increase operational efficiencies and effectiveness in the pro-vision of transit services and to the use of public transportation funds in the reeion: an WE FLEA . this divestment turns over all Citi= transit ob l i c2ations to MTS. NOW. THEREFORE, BE IT RESOLVED bar the iter Council of the CAN: of Chula r Vista. that it approve the Resolution of the it-%T Council of the City of Chula Vista Approving Agreement between the Citv and the Metropolitan Transit Svstem l eoardina the it%r.s Divestment of Public Transportation Services. in the form presented, v-lith such minor modifications as mai: be required or approved by the it-%7 Attorne v. a copy of which shall be kept on file in the Off-ice of the Citv Clerk. and authorize and direct the M avo r to execute same. Presented b\7 Approved as to form by F VRichard A. Hopkins en R. dins ; Q Director of Public Works Ci ev, 2020-05-05 Agenda Packet Page 86 of 534 Resolution No. 2015-00 Page PASSED, APPROVED. and ADOPTED by theI C'ty Councilfthe if Chula Vista. Cal 1fornla, this 13th day of Januanr 2.015 by the foIIowing vote: AYES: Councilmemhers: Aguilar, Bensoussan, McCann and Salas DAYS: ouneilmernhers: Dore ABSENT: ouneilmembers: Done Mari gias, Mayor ATTEST: Donna R. Dorris. M it­N7 Clerk STATE of CALIFORNIA COUNTY OF SAD DIEGO CITY OF CHULA VISTA 1, Donna R. Dorris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2015)-009 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of January 2015. Executed this 13th day of January 2015. Donna R. Dorris, MC, City Clerk 2020-05-05 Agenda Packet Page 87 of 534 MTs loc. No. G2219.0-19 MEMORANDUM of UNDERSTANDING BETWEEN THE CITY of CHUA VISTA AND THE, SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING INSTALLATION AND MAINTENANCE +CSFTRANSIT SHELTERS & BENCHES This Memorandum of Understandings Regarding Installation and Maintenance of Transit shelters and Benches ("MOU"), dated , 2020 is entered into, by and between the CITY OF CHULA VISTA, a municipal corporation ("CITY"), and the SAN DIEGO METROPOLITAN TRANSIT SYSTEM, a pub is entity (also known as San Diego Metropolitan Transit Development Board or TC B) ("MTS"). REC1TAL A. MTS is the statutorily designated public transit provider for the portion of San Diiego County that includes the CITY, as set forth in Public Utilities Code section 120000, et seq.; B. MTs and CITY are authorized by Public Utilities Code section 120268 to enter into cooperative agreements to establish uniform policies and procedures governing the use of bus passenger loading zones and establishing responsibility and standards for the maintenance of bus loading zones and any associated improvements C. CITY and MTS are parties to that certain Memorandum of Understanding Between the City of Chula. Vista and The San Diego Metropolitan Transit System Regarding Chula Vista's Divestment of Public Transportation ,Services dated January 3, 2015 ("Divestment MOU" . Pursuant to section (4) the Divestment MOU, CITY and MTS contemplated entering into a bench and shelter contract in the future by means of a separate agreement; D. MTs has recently purchased new transit shelters with solar lighting i and receptacles for trash and recycling, and CITY and MTs desire to install such shelters and amenities at various locations throughout the City; E. MTS has recently purchased new transit benches that will improve the streetscape oft e CITY, and CITY and MTS desire to install such benches at various locations throughout the CITY; F. MTS has a third-party contract for installatiion, maiintenance and advertising at transit shelters and related appurtenances t rougihout MTS's jurisdiction; C. MSS has a third-party contract for the maintenance, and advertising at transit benches t rougihout MTS's jurisdiction; H. The revenue generated from the MTS advertising contracts is intended to fund the purchase of the new transit shelters and benches, as well as to fund continued transit services within MTS's jurisdiction; and I. Chula Vista Municipal Code ("CVMC") section 12-36.060 general y prohibits the installation or maintenance of benches within the City's public aright-of-gray without first obtaining permission from the CITY's Director of Public Works; 1 2020-05-05 Agenda Packet, gage 88 of 534 MTS Doc. No. G2219.0-19 J. CITY's Director of Public Works has provided permission to MTS and its contractors to install and maintain benches within the City's Public Rights-olf-Way in accordance with the terms and conditions of this MOU; K. CVMC 12.36.070 generally prohibits advertising on any benches installed in the public rights-of-way. CVMC 12.3 .070 provides that the City may be exempt from the provisions of CVMC 12.36.070 at the discretion of the City Council; L. On , the City Cou�ncil, per resolution 20201- exempted the City from the provisions of CVMC, 12. .070 to allow advertising on bus benches installed in accordance with the terms and conditions of this MOU; M. MTS and CITY desire to enter into this, MOU to formally acknowledge their cooperative agreement regarding transit shelters, transit benches, and bus transit bench advertising within the CITY. AGREEMENT 1. Grant of Authorization/Term. CITY grants to MTS for a period of up to,ten (101) years (five (5) base years and five (5) one year options,) the authority to install, or cause to be installed, transit shelters, transit benches,, and appurtenances within the public-right-of- way of the CITY, in accordance with the terms, and conditions of this MOU. This MOU shall commence upon approval. After completion of the initial ten (10) year period, this MOU shall continue on a year-over-year basis unless terminated by either party pursuant to this MOU. 2. Location Criteria for Transit Shelters and Benches a. City Approval. Prior to installing any transit shelter, transit bench, or appurtenance, MTS shall submit the proposed location for such installation to the City for consideration. The City Manager or his/her designee shall have the,sole authority to approve or deny any proposed installation. b. Facilities With Advertising., The parties understand and agree that transit shelters and benches with advertising shall be permitted only in commercial, industrial, or multifamily housings areas in CITY unless otherwise authorized by the City Manager. C. Facilities Without Advertising. The parties understand and agree that transit shelters and benches without advertising will generally be permitted in areas where a MTS bus stop pis located, so long as CITY has not exercised its authority under this MOU to (i) reject a proposed transit shelter or bench location or (ii) remove an existing transit shelter or bench. d. Ratio. As transit shelter and bench maintenance contracts depend on advertising revenue to be sustainable, CITY shall allow a ratio of at least 4-to-1 advertising to non- advertising transit shelters and benches. 2 2020-05-05 Agenda Packet, Page 8,)of 534 MTS Doc. No. G2219.0-19 e. List of Locations. IVITS shall provide CITY with a list of existing locations of all transit shelters and benches within the CITY and notify the CITY whenever changes to the locations are made. All new transit shelter and bench installations shall conform to, the terms of this MOU. f. Removal. CITY shall have the authority to cause any transit shelter, transit bench, or appurtenance to be removed or relocated from any location at no cost to,the CITY upon making a written demand to MTS for such removal. IVITS shall complete such removal or relocation within a reasonable period and in no event by no later than thirty (30) calendar days after receipt of a written demand from CITY. In the event that City determines, in City's sole discretion, that a transit shelter, transit bench, or appurtenance needs, to be removed for safety of the public or other municipal purpose, City shall have the option, but not the obligation, to complete such removal without making a written demand to IVITS. MTS shall reimburse CITY for all costs (including but not limited to CITY staff time at fully burdened hourly gates, equipment, and material costs) related to such removals. 3. Advertising Policy and Permissible Signage a. Shelters. Transit shelter advertising is typically limited to two advertising panels that do not exceed four feet in width and six feet in heigiht. Some advertising panels may be in a digital or electronic format. Other permissible advertising includes "wrap, materials that are applied to, the shelter structure. �b. MTS Policy No. 21. All advertising under this IVIOUI shall comply with IVITS Policy No. 21 titled WTS REVENUE-GENERATING DISPLAY ADVERTISING, CONCESSIONS, AND MERCHANDISE,yy attached as Exhibit A, which may be revised from time-to-time by the MTS Board of Directors. CITY may request that IVITS, exercise its right to remove any advertisement, commercial, or noncommercial that does not conform to IVITS Policy No. 21 or any CITY policy. Such demand shall be in writing and state reasonable grounds for the demand. IVITS shall consider and act upon the demand in accordance with the policy and legal requirements. 4. Maintenance a. Maintenance Obligation. IVITS shall be responsible for providing ongoing maintenance for every MTS-owned or controlled transit shelter, transit bench, and appurtenance which it installed under this IVIOUI and in the CITY's public right-of-way as of the effective date of this MOUS . �b. Standard. IVITS shall maintain all transit shelters, transit benches, and appurtenances in a state of good repair througihout the life of this MOU, and such services shall include, but not be limited to, refurbishing, reconditioning, and replacing worn or damaged transit shelters or benches as necessary. 3 2020-05-05 Agenda Packet, Page 90 of 534 �MTS Doc. No. G2219.0-19 C. Inspections. MTS shall perform routine inspections, maintenance,, and trash removal on each transit shelter. MTS shall perform routine inspections and maintenance of transit benches and the clean-up of the immediate surrounding area at each transit bench location. d. Damage,, Vandalism, and Graffiti. MTS shall repair or replace transit shelters and benches within 48 hours of notification to MTS of any damage, vandalism, or graffiti found on any transit shelter or bus bench. 5. Notices To Property Owners. MTS shall use its best efforts to notify the underlying property owners, as indicated on the most recent tax assessor's rolls, and building occupants that a new transit shelter with or without advertising is proposed to be installed within 100 feet of their property in the public right-of-way prior to any transit shelter installation. Such notice will not be required if a shelter currently exists and is simply being replaced by a new shelter or bus bench unless it is, significantly modified. 6. Encroachment Permits. In order to allow the CITY to track approved installation locations, MTS or their contractor shall obtain a no-cost encroachment permit for all new transit shelters and benches installed per this MOU. 7. Compliance with Laws. MTS and their contractor shall comply with all rules, regulations, and laws of the CITY, and any and all applicable state or federal laws. 8. Electrification. MTS or their contractor shal secure all electrical permits necessary for the installation of new shelters. Solar-powered shelters shall not require any permits. MTS shall assume all costs associated with lighting and powering transit shelters. 9. Identification of New and/or Upgraded Shelter and Bench Locations. MTS and CITY shall work cooperatively to identify potential locations for additional shelters or benches to be installed by MTS pursuant to this MCU. MTS and CITY acknowledge that some locations may require modifications to meet legal or operational needs. MTS and CITY will work to create a list of priority locations and improvements needed to facilitate safer and more access,ible use of transit services within the CITY's jurisdiction. MTS and CITY will work in good faith to make the improvements identified, subject to the availability of funding from MTS, CITY, or third-party grant opportunities. 10. Third Party Shelters and Benches a. Notwithstandingi that the CITY has granted MTS the authority to install transit shelters and benches within the public right-of-way in the CITY, MTS agrees to allow the CITY to authorize others to place transit shelters, benches, and appurtenances in the public right- of-way conditioned upon those shelters, benches, and appurtenances being placed in such locations as the CITY and MTS may agree, to from time to time. i. Process. Private entities authorized to, install transit shelters, benches, and appurtenances pursuant to this MOO will be required to provide the design, construction, and maintenance for the shelter and bench. Installation will be 4 2020-05-05 Agenda Packet, Page 91 of 534 IVITS Doc. No. G2219.0-19 permitted through a CITY encroachment permit process. The location of the shelters or benches shall conform to the MTS Design Standard Guidelines. MTS will provide the plan review for comment, but will not be responsible or liable for design, construction, or maintenance of the transit shelters or benches that are not installed as part of this MOU. ii. Indemnity. The CITY undertakes and agrees to,defend, indemnify, and hold harmless IVITS and any and all of MTS 7 s officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands, and expenses including, but not limited to: attorney's fees and costs of litigation, damage or liablility of any nature whatsoever for death or injury to any person including CITY employees and agents, or damage or destruction of any property of either party hereto or any third person in any manner arising by reason of or incident to the third party installation of transit shelters, transit benches,1 and appurtenances within the CITY's right-of-way, except for the negligence of MTS or any of MTS's officers, agents, and employees, in which case MTS shall defend, indemnify, hold harmless the CITY. iii. Advertising. All advertising posted on the shelters and benches installed by parties other than IVITS or its contractors, must conform to the advertising criteria set forth in Section 3 of this MOU. MTS may make demand upon the CITY for the removal of any advertisement that does not conform to the aforementioned advertising criteria. Such demand shall be in wriitingi and shall state reasonable grounds for the demand. CITY shall consider and act upon the demand in accordance with those advertising criteria. Advertising display panels shall be configured in such a way to be similar to MTS's shelters and benches. Advertis,ing display panels shall be no greater in size than those used in MTS's shelters and benches. IVITS shall be given first-right-of-refusal to utilize one advertising panel in each shelter for the purpose of posting transit information. iv. Insurance. The CITY shall require any permitted private entity to maintain insurance to, same extent required of IVITS pursuant to this MOU. V. Maintenance. For pre-existing and future benches, shelters, trash e%. receptacles, and other bus stop infrastructure and amenities not installed bv MTO-. MTS does not assume any responsibility in this MOU for replairs, maintenance, cleaning, installation, replacement, removal, trash and recycling service, graffiti abatement, painting, or any other work for transit infrastructure or appurtenances not installed or maintained by MTS under this MOU. MTS will not be responsible for damage caused by furniture and amenities snot installed or maintained by MTS under this MOU, nor for the restoration of the area to City standard from any condition caused by the installation, damage, repair, or removal of any such infrastructure. MTS shall maintain responsibility for all work related to the bus stop pole (if any), bus stop blade, and any MTS-provided information or amenities attached to the 5 2020-05-05 Agenda Packet, Page 92 of 534 IVITS Doc. No. G2219.0-19 bus stop pole, including installation, repair, replacement, removal,, cleaning, and graffiti abatement. MTS shall be responsible for IVITS-provided, installed, or maintained benches and shelters as specified in this MOU. 11. Duty to Defend, Indemnify, and Hold Harmless. MTS undertakes and agrees to defend, indemnify, and hold harmless the CITY and any and all of the CITY's officers, agents, employees, assigns, and successors, in interest from and against all suits and causes of actions, claims, loss, demands, expenses, including, but not limited to, attorneys'fees and costs of litigation, damage or liability, or any nature whatsoever, for death or injury to any person, including MTS's employees and agents, or damage or destruction to any property of either party hereto or third person in any manner arising by reason of or incident to the performance of this, MOUI on the part of MTS, except for active negligence of the CITY or any of the City's officers, agents, contractors or employees,, in which case the CITY shall hold IVITS harmless and MTS shall have no obligation to defend and indemnify the CITY or its officers, agents, employees, assigns or successors for such active negligence. 12. Termination of this MOU. a. Bv CITY: CITY may terminate this Moil if IVITS materially breach any term or condition set forth in this MOU, and the CITY shall owe no payment to IVITS or any other party. In the event the CITY terminates this MOU, the CITY may require IVITS to remove each and every transit shelter and bench iin the CITY)s public rights-of-way. City may terminate this MOU without cause by serving upon MTS written notice of termination of this MOU three hundred sixty five (365) days in advance of said date of termination, and the CITY shall pay MTS the it current value" for every transit shelter or bench in the public right-of-way. The method of calculating the "current value of a transit shelter or bench under this MOU will be as foillows: CURRENT VALUE Transit Shelter/ Bench Unit Price Depreciation Period - Months in Service in months) Depreciation Period (in months) For purposes of calculating the it current value" the transit shelter or bench: the unit price shall bet e unit price listed in the contractor's financial plan submitted with the bid documents plus the installation costs of the bench or transit shelter; • the depreciation period for transit shelters and benches will be ininety-six (96) months; and • the inuimbeir of months in service will be calculated from the date the transit shelter or bench is placed in service to the date of term�inatiion. 6 2020-05-05 Agenda Packet, Page 93 of 534 IVITS Doc. No. G2219.0-19 �b. By IVITS: IVITS may terminate this MOO without cause by serving upon CITY written notice of termination of this MOU three hundred sixty five (365) days in advance of said date of termination. No later than the date of termination, MT'S shall either (i) reach an agreement with CITY for CITY to take possession and ownership of the transit shelters and benches that iremain installed within the CITY, or (ii) remove each and every transit shelter and bench and restore the sidewalk to a safe and usable condition. 13. Insurance. During the term of'the MOUS IVITS shall require its agents, contractors, or other parties performing any of its obligations under this MOU to maintain the following levels and types of insurance: a. Comprehensive general liability insurance for bodily injury (including death) and property damage,, which provides total limits, of not less than two million dollars ($2,,000,000.00) combined single limit per occurrence. Coverages included shall be: i. Premises and operations; ii. Contractual liability expressly, including liability assumed under this MOO, with deletion of the exclusion as to performance of operations within the vicinity of any railroad bridge, trestle, track,, roadbed, tunnel, underpass, and crossway; iii. Personal injury liability; iv. Independent contractors; and V. Cross-liability clause providing that the insurance applies separately to each insured except with respect to the limits of liability. vii. Such insurance shall include the following endorsement (copies of which shall be provided): (1) Inclusion of the CITY, its officers,, agents, and employees as additional insureds, with respect to activities, services, or operations under this MCU; (2) Inclusion of MTS, and its subsidiaries, its officers, agents, and employees as additional insureds with respect to activities, services, or operations under this MOU; and (3) Stipulation that the contractor's insurance is primary insurance and that no insurance of the CITY or IVITS will be called upon to contribute to a loss. �b. Comprehensive automobile liability insurance for bodily injury (including death) and property damage, which provides total limits of not less two million dollars ($2,000,000.00) combined siingl�e limit per occurrence applicable to all owned, nonowned, and hired vehicles,. 7 2020-05-05 Agenda Packet, Page 94 of 534 �MTS Doc. No. G2219.0-19 C. Statutory workers' compensation coverage including a broad form all states endorsement; employer's liability insurance for not less than one million dollars ($1 000,0010.00) per occurrence for all individuals engaged in services or operations to implement, this MOU, including an insurer's waiver of subrogation in favor of the CITY, their directors, officers, representatives, agents, and employees. d. MTS shall also provide CITY with satisfactory evidence of self-insurance that meets or exceeds the types and levels of insurance outlined above. 14. Notices. No notice, request, demand, instruction, or other document to be given hereunder to, any party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below in which event, such notice shall be deemed effective only upon such delivery) or delivered by certified mail, return receipt requested, as follows: To The CITY: To MTS: Gary Halbert Paul C. Jablonski City Manager Chief Executive Officer City of Chula Vista Metropolitan Transit System 276 Fourth Avenue 1255 Imperial Avenue, Suite 1000 Chula Vista, California 91910 San Diego, California 92101 Notices so mailed shall be deemed to have been given forty-eight (48) hours after the deposit of same in any United States, Post Office, mailbox. The addresses and addressees, for the purpose of this paragraph, may be changed by giving written notice of such change in the manner herein pirovided for giving notice. Unless and until such written notice of change is received, the last address, and addressee stated by written notice, or provided herein if ono such written notice of change has been received, shall be deemed effective. 15. Attornevs' Fees. If legal action be commenced to enforce or to declare the effect of any provisions of theMOU, the court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 16. No Waiver. The waiver by one (1) party of the performance of any covenant, condition, or promise shall not invalidate this MU nor shall it be considered a waiver by such party of any other covenant, condition, or promise hereunder. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time, for performing any other act or identical act required to be performed at a later time. The exercise of any remedy provided by law and the provisions of this MOU for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 8 2020-05-05 Agenda Packet, Page 95 of 534 �MTS Doc. No. G2219.0-19 17. Severance. If any provision of this MOU is found to be unenforceable, the remainder of the previsions shall continue to be given full force and effect. 18. Amendments. No, change in or addition to this MPJ or any part hereof shall be valid unless in writing and properly authorized by the CITY and MTS. SAN DIEGO METROPOLITAN CITY OF CHULA VISTA TRANSIT SYSTEM Paul d.-Jab Ions ki Mary Casillas-Salas Chief Executive Officer Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Karen Landers Glen Googins General Counsel City Attorney 9 2020-05-05 Agenda Packet, Page 96 of 534 Ch. 12.36 Street Furniture I Chula Vista Municipal Code Page 1 of 3 Chapter 1236 STREET FURNITURE* Sections: 1236.010 Public telephones - Purpose and intent. 1236.020 Public telephones Permits for installation and maintenance - issuance authority. 12.36.030 Public telephones Permits for installation and maintenance - Conditions, 1236.040 Public telephones Violation deemed misdemeanor. 1236.050 Uniform street lighting map 1- Scope. 12.36.060 Benches - Permission regquired for installation - Exemptionn. 12.36.070 Benches, - Use for advertising prohibited - Exemption. 1236.080 Trash containers -Approval required. For statutory authority for cities to regulate and prohibit encroachments and obstructions of streets, see Gov. Code § 38775. 12.36.010 Pubis telephones - Pulrpolse and intent. It is in the public interest that public telephones be placed on the public sidewalks of the City at locations to be approved as provided in CVMC 1236.01201. Such telephones will, among other things,aid fire protection,the prevention and detection of crime, and the reporting of accidents and other emergencies. Such telephones will also be a convenience to the public.When so located, such telephones will not unreasonably interfere with the rights of the, public to use such sidewalks and will be consistent with their dedication to the public. (Ord. 1205 § 21 169; prior code § 27.707). 12,36,020 Public telephones - Permits fear installation and maintenance - Issuance authority. The Director of Public Works is authorized to issue permits from time to time to the serving telephone company for the installation and maintenance of public telephones on the public sidewalks of the City.The Director of Public Works shall approve the number and location of such public telephones so as to best serve the public interest. (Ord. 1205 § 2, 19169; prior code§ x:7.708). The Chula Vista Municipal Code is current through Ordinance 3481, passed February 25,2020. 2020-05-05 Agenda Packet, Page 97 of 534 Ch. 12.36 Street Furniture I Chula Vista Municipal Code Page 2 of 3 12.3 .03 Pubis telephones - Permits for installation and maintenance - C ndltions.Conditions. Permits issued pursuant to CVMC 12.36.020 shall include the following provisions,: A. The permittee shall maintain the public telephones and any associated booths in good repair and safe and sightly condition at permittee's expense and to the satisfaction of the Director of Public Works. B. The permittee shall save the City harmless from any and all losses, claims or judgments for damages to any person or property arising from the installation, maintenance or presence of the public telephones. C. The permit shall be revocable on 30 days'prior written notice to the permittee from the Director of Public Works, in which event the permittee shall,at its own expense, remove the public telephone or telephones installed pursuant to the permit and shall restore the sidewalk as nearly as practicable to its condition prior to such installation. (Ord. 1205 § 21 1969; prior code § 27.709). 1236.040 Public telephones - Violation deemed misdemeanor. Any person or public utility violating any provision of CVMC 12.36.010 through 12.36.0130,shall be deemed guilty of a misdemeanor and each day's continuance of any such violation shall constitute a separate offense. (Ord. 1205 § 2,1 1969; prior code§ 27.710). 1236-005 3 Uniform street lighting map - Scope,. The Director of Public Works shall undertake the preparation of a uniform street lighting map for a portion of, or all of,the City, and recommend its adoption by the City Council by resolution. Said uniform street lighting map shall indicate types of ornamental light design in particular locations, and lighting requirements as they may exist in various parts of the City, and after its approval and adoption by the City Council,shall be, unless, modified by resolution of the City Council, adhered to in all future street lighting projects. Said map may be amended from time to time by resolution of the City Council. (Ord. 1205 § 2, 1969; prior code§ 27.9011). 12-36,060 Benches - Permission (required fair installation -1 Exemption. It is, unlawful for any person to install, or cause to be installed, or to maintain any bench on or in any public right- of-way in the City without written permission from the Director of Pu�bllic Works first being obtained by the person, firm or corporation desiring to install and maintain said bench.The City is exempt from the provisions of this section, ancl may install benches in the publlic rights-of-way at the,dliscretion of the Council. (Ord. 1205 § 2,1 1969; prior code§ 27.1001). The Chula Vista Municipal Code is current through Ordinance 3481, passed February 25,2020. 2020-05-05 Agenda Packet, Page 98 of 534 Ch. 12.36 Street Furniture I Chula Vista Municipal Code Page 3 of 3 1236s 37 nches - Use for advertising prohibited - Exemption,. It is unlawful for any person to install, place, or maintain any advertising on any benches presently installed on or in the public rights-of-way by the City, or which may hereafter be installed; provided, however,that the City is exempt from the provisions of this section, and may place such advertising thereon at the discretion of the Council as they may see fit. (Ord. 1205 § 2, 1969; prior code § 27.1002). 1236,080 Trash containers - Approval required. All trash or litter containers placed within the public rights-of-way for the convenience of the public shall be subject to the approval of the Director of Public Works, in conformity with accepted standards for street furnishings, and none shall be placed within the public rights-of-way without first establishing the location and placement of such trash containers. (Ord. 1205 § 21 1969; prior code§ 27.1005). The Chula Vista Municipal Code is current through Ordinance 3481,, passed F6bruary 25,,2020. Disclaimer:The City Clerk's Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk's Office for ordinances, passed subsequent to the ordinance,cited above. City website:www.chulavistaca.gov Code Publishing Company The Chula Vista Municipal Code is current through Ordinance 3481, passed February 25,2020. 2020-05-05 Agenda Packet, Page 99 of 534 Alk Mom Metropolitan Transit System 1 255 ImperialAvenue,Suite 1000 San Diego, CA 92101 90 6119 231-1466a FAX( 19)234-34017 Policies and Procedures �No. 21 SUBJECT: Board Approval: 4/121201 MTs REVENUE-GENERATING DISPLAY ADVERTISING, CONCESSIONS, AND MERCHANDISE PURPOSE: To establish a policy and guidelines concerning a revenue-generating advertising, concessions, and merchandise program encompassing trolley stations, San Diego Metropolitan Transit. System (MTS) property and facilities, and selected printed materials. Advertising on bus shelters and benches within the public rights-of-way shall be governed by the policies of the applicable jurisdiction. The City of San l Diego policy is included as Attachment A. BACKGROUND: Public transit operators and administration agencies have historically utilized advertising, concessions, and merchandising programs to supplement operational and capital funds. A sound advertising and concessions program can be a viable, alternative income source while promoting transit use and ensuring rider convenience and safety. 'This policy advances the advertisiingi program's revenue-generating objective while also prohibiting advertisements that could detract from that goal, such as by harming advertisement sales, reducing ridership or tarnishing's MTS's reputation. MTS's justifications four its advertising program and policy include: 1) Generating advertising revenue; 2 Increasing ridership by promoting MTS's services, programs and benefits; 3 Informing MTS riders of local, state or federal programs, services or benefits; 4) Preserving ridership by avoiding i controversial content; 5) Preventing the risk of imposing controversial views on a captive audience; 6) Preserving the marketing potential of the advertising space by avoiding controversial content; T) Maintaining a position of neutrality on matters of public debate; and 8) Deducing the risk of diversion of resources from transit operations that are caused by controversial content.. 1255 Impedal Avenue,suIwo 1 g� ia921I01-7'490�� - �1I 231-14,66�� ° " ". ; Cal irii�t �m�"rrt S � ������ Idri Ufic agency rruri San Diego rransit Ca,ir° ,,,San Diego rrii4 Inc.and San Diego, nri �na Eastern Railway Company (nonprofit public bene-fit corporations).MTS is,the taxicab administrator for seven cities. o ief CVista,Cormado,EI Cajon,N er �, tN �Mesa,�Lemon�r National City, m San��� a e, r �� � 34 POLICY: It is the policy of IVITS that advertising spaces on IVITS property, which incudes the exterior and interior of buses and light rail vehicles (Llys)„ bus benches,, bus shelters, related transportation facilities and selective printed materials, shall constitute a non- public forum subject to uniform viewpoint-neutral restrictions. This policy has been drafted to ensure a non-public forum status on its advertisingi aces and IVITS staff will accordingly enforce this policy with that intention,. The following guidelines will be reviewed by staff to reflect the current policies of the IVITS Board of Directors and to reflect changes in the trends, of social and economic acceptance and appropriateness of various forms of advertising and concessions. 21.1 Advertisinq - Procedure 21.,1.1 Safety, rider convenience, and information needs will take precedence over revenue generation. 21.1.2 Quantity,, quality, and placement of all advertising will be controlled by and subject to the specific approval of WITS. 21.1.3 MTS reserves the right to reject any advertisement that does not meet the IVITS Board of Director's standards as set forth in this policy. 21.1.4 Upon written demand by the Chief Executive Officer on stated grounds that shall be reasonable, any advertisement or other display deemed to be noncompliant with this policy shall immediately be removed. No refund shall be made for the time such objectionable material was on display. 21.1.5 IVITS reserves the right to allow exceptions to the policy cif IVITS determines that application of the policy as written would likely be unconstitutional in any particular situation. 21.2 Advertising - Permitted Content The subject smatter for all advertising materials displayed on IVITS property shall be limited to Commercial Speech. Commercial Speech is, speech that: does no more than propose a commercial transaction; or is an expression related solely to the economic interests of the speaker and its, audience (e.g. promotes for sale, lease or other financial benefit a product, service, event or other property interest). Notwithstanding the above general rule requiring Commercial Speech, the following content are allowed: 21.2.1 IVITS Operations Advertising that promotes IVITS transit services, programs or products, including co-sponsorships with third parties that would increase ridership or otherwise support IVITS's mission. 21.2.2 Public Service Advertisements from Local, State or Federal Governmental Agencies regarding public programs, public services and public events that are not otherwise prohibited under this Policy. 2020-05-05 Agenda Packet, -2- Page 101 of 534 21.3 Advertising -- Prohibited content No advertisement will be permitted that in whole or in part: a. intends to demean or disparage any individual, group, company, product or institution; b. contains false, deceptive or grossly misleading information; C. expresses or advocates an opinion, position or viewpoint on matters of public debate about economic, political, religious, social or moral issues; d. directly or indirectly prefers to religion; e. is of a political or electors nature; f. portrays, solicits or condones acts of violence, murder, sedition, terrorem, vandalism, or other unlawful acts against any individual, group, animal, company or institution; g. deplicts nudity or portions of nudity that would be considered as pornographic, erotic or obscene. The rule of 'public acceptance" should be used in such cases (Le., if the advertisement has already gained public acceptance, then it may be considered as acceptable to MTS); h. contains messages or graphic representations of adult. entertainment, such as escort services, adult telephone services, adult internet sites and other adult entertainment establishments; i. contains messages or graphic representations describingi or suggesting explicit sexual acts, sexual organs„ or excrement where such statements or words have as their purpose or effect of sexual arousal, gratification, or affront; j. promotes the use or ingestion of or offers in commerce the sale of alcohol, marijuana, tobacco, electronic smoking product or any other device that causes smoke, mist or vapor, firearms, or firearm-related products; k. condones any type of yp discrimination; 1. contains profane languagie and/or appearance or suggestion of profane language; m. contains any material that is an infringement of copyright, trademark or service mark; n. implies or declares an endorsement of MTs of any service, product or point of view without written authorization from TS; 2020-05-05 Agenda Packet, -3- Page 102 of 534 0. depicts unsafe transit behavior aboard buses, trolleys, rail li�ne tracks or other transit facility; p. is reasonably foreseeable that it will result in harm to, disruption of, or interference with the normal operations of MTS's transportation system; q. conflicts with any applicable federal, state, or local law, statute, or ordinance; r. impedes vehicular or pedestrian traffic, restricts the visibility of directional/traffic signs and informational material, encroaches on necessary sight lines (e.g., driver/operator view of waiting patrons) or presents any other safety risks or hazards (e.g,., flashing lights, sound makers, mirrors or other special effects); S. contains a website address or telephone number that directs visitors or callers to material that violates any of the prohibitions within this policy; or t. is mischaracterized as a commercial advertisement but upon examination is intended to distribute a non-commercial message. 21.4 Advertising — General Conditions 21.4.1 Advertising industry standard sizes will be used for all advertising treatments. 21.4.2 Advertising treatments will be maintained in "like-new" condition. Damage to the advertisement or its housing will be corrected within forty-eight (48) hours. 21.4.3 All advertisements shall clearly identify the sponsor(s). 21.5 Advertising - LRVs and Buses 21.5.1 LRVs and buses, may carry wrap advertising formats rather than conventional advertising formats, at the discretion of the Chief Executive Officer. 21.5.2 Transit information material may be placed inside LRVs and buses at the, discretion of the Chief Executive Officer. Such information can include, in accordance with this policy, the promotion of regularly scheduled public transit routes that will serve major community events. The subject matter and proposed advertisement regarding such event must comply with the provisions set forth under this policy. 21.5.3 Super King and Mural formats are approved for acceptable use on buses. The size specification for the Super King is 226 inches x 30 inches and is placed between the front and rear wheel wells on the street side of the bus. Murals are defined as encompassingi the space under the vehicle 2020-05-05 Agenda Packet, -4- Page 103 of 534 passenger windows on each side of the bus and extending from the front of the bus to just past the rear wheel well. 21.6 Advertisinq - Transit Centers, Maior Transit Points, Stations, and stops 21.6.1 Advertising treatments (housings) will be designed to complement the architecture of the transit centers/stations and the flavor of the surrounding community. MTS plan specifications will be followed wherever applicable. Advertising treatments will be, designed, constructed, and placed in accordance with all appl�icabe local, state, and federal standards. 21.6.2 Any unsold display advertising space within transit centers, major transit points, and stations will be allocated for MTS related advertisements and displays. 21.7 Advertising - Printed Materials 21.7.1 Advertising space may be allowed in printed materials (e.g., timetables, maps, and informational brochures) at the discretion of the Chief Executive Officer. 21.7.2 Advertising space may be allowed on the reverse side of regional passes, tickets, and transfers at the discretion of the Chief Executive Officer. 21.7.3 No advertising space shall supersede necessary transit information and/or regulations. 21.7.4 At the discretion of the Chief Executive Officer, MTS may allocate space in printed materials to inform transit customers about private entities actively participating in transit services (e.g., pass and ticket-sales outlets). 21.8 Concessions 21-8.1 Concession formats, quantity, and placement will be approved and controlled by the MTS Board of Directors. 21.8.2 Contracts for any concession 'format or related development will be awarded in accordance with existing MTS policies. 21.8.3 During hours of business, concessionaires will provide, the public with transit information materials as directed and supplied by MTS or its designated representative. 21-8.4 Concession treatments/structures will be designed to complement the architecture of the transit centers/stations and the flavor of the surrounding community. MTS plan specifications will be followed wherever applicable,. Concession treatments/structures will be designed, constructed, and placed in accordance with all applicable local, state, and federal standards. 2020-05-05 Agenda Packet, -5- Page 104 of 534 21.8.5 Concession treatments/structures will not impede vehicular or pedestrian traffic, will not restrict the visibility of directional signs and informational materials, and will not encroach on necessary sigiht lines. 21.8.6 Concessionaire contracts will include remittance to MTS on a monthly basis., 21.8.7 Any and all concession on-site signing and displays will be in accordance with existing MTS policies and subject to approval of the Chief Executive officer. 21.9 Merchandise 21.9.1 Any and all system-related merchandise will be of the highest available quality and project a positive transit image. 21.9.2 Merchandise licensing agreements and royalty payments will be made in accordance with existing MTS policies. 21.10, Revenue All revenue received from any form of advertising shall be accrued according to MTS policy and alocated during the annual budget process. 21.11 Contractor Services MTS may engage contractors) services,for the development, implementation,, management, and maintenance of advertising, concessions, and/or merchandise programs in conformance with existing MT'S Board of Directors policies and in the best interests of MTS. Attachment A—City of San Diego Advertising Policy Original Policy approved on 5/9/1983. Policy irevised on 6/6/1985. Policy irevised on 7/9/1987. Policy revised on 6/23/1988. Policy irevised on 3/22/19901. Policy irevised on 3/14/1991. Policy revised on 4/9/1992. Policy revised on 5/12/1994,. Policy revised on 8/11/1994. Policy revised on 6/22/1995. Policy revised on 3/27/1997. Policy revised on 6/11/1998. Policy revised on 2/22/20,01 Policy revised on 2/26/20,04,. Policy revised on 12/10/2009,. Policy revised on 6/18/20,15 Policy revised on 1/18/2018 Policy revised on 4/12/2018 2020-05-05 Agenda Packet, -6- Page 105 of 534 ATTACHMENT A MTS POLICY` NO. 21 CITY OF SAN DIEGO ADVERTISING POLICY Subject: ADVERTISING ON BUS STOP SHELTERS AND BENCHES Background: The City of San Diego (City) entered into a Memorandum of Understanding (MOU) with the Metropolitan Transit Development Board (MT's), adopted July 25, 1988, and amended February 25, 1991, and June 21, 11999, authorizing MTS to install bus stop shelters and bus benches in public rights-of-way in the City. Pursuant to the MOU, MTS contracted with third parties for the construction, installation, and maintenance of the bus stop shelters and benches. In exchange, MT'S 51 s, contractors receive the proceeds from the sale of advertising space on the shelters and benches. MTS regulated the content of the advertising placed on the bus stop shelters and benches according to its Policies and Procedures No. 21. After advertising containing a religious message was removed pursuant to that policy, valid concerns were raised that the policy may violate due process and first amendment rights governing public speech. Purpose: It is the intent of the City Council to establish a policy governing advertising on bus stop shelters and benches in the public frights-of-way within the City that will be included by amendment in the MOU between the City and MTS, and administered by MTS. It is the further intent of the City Council to, prohibit advertising on bus stop shelters and benches of alcoholic beverages, tobacco products, and firearms in recognition of the fact that many public transit patrons are minors, that possession of these products by minors is illegal and dangerous, and that advertising is a persuasive medium for encouraging the use of these products by minors. This policy applies only to advertisingi space located in designated areas, on bus stop shelters and benches, as described in the MoU between the City and MTS. Policy: Advertising on Bus Stop Shelters and Benches,: 1. In its agreement with its advertising contractors, MTS shall reserve the right to reject any advertisement, commercial or noncommercial, which does not meet the standards set forth in this policy. 2. All advertising posted on bus stop shelters and benches must conform to the following criteria: 2020-05-05 Agenda Packet, -7- Page 106 of 534 A. D�efamato[y Advertisi . No advertising will be permitted that falsely disparages any person,, product,, or company, or that is likely to damage the reputation of any person, product, or company. B. Advertisinq Condoninq Criminal Conduct. No advertising will be permitted that is likely to incite or produce imminent unlawful activity. C. Obscene Advertising. No advertising will be permitted that contains obscene matter or matter harmful to minors, as defined in California Penal Code Sections 311 and 313. D. False Advertising., No advertisement will be permitted that contains,false or grossly misleading information. E. Alcohol, Tobacco, and Firearms. No advertisement will be permitted that promotes the sale of alcoholic beverages, tobacco or tobacco products,, or firearms. F. Existing Laws., All advertisements must conform to applicable federal, state, and local laws. 3. The City may make demand upon the Chief Executive Officer of MTS for the removal of any advertisement, commercial or noncommercial, that does not conform to this policy. Such demand shall be in writing and shall state reasonable grounds for the demand. MTS shall consider and act upon the demand in accordance with this policy. 2020-05-05 Agenda Packet, -8- Page 107 of 534 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING S ALLATIO AND MAINTENANCE OF TRANSIT SIT SII LTER S AND BENCHES THROUGHOUT TIDE CITY, ANIS ALLOWING ADVERTISING ON SHELTERS AN BENCHES INSTALLED IN ACCORDANCE WITH THE T" OU WHEREAS, per Resolution 1 -009, Chula Vista and MTS entered into a "Divestment M U" which divested transit services provided by Chula Vista Transit and incorporated said services into the fan Diego Metropolitan Transit System MT network WHEREAS, the Divestment MOU contemplated the City and MTS entering into a bench and shelter contract via separate agreement, and WHEREAS, MTS recently purchased new transit shelters with solar lighting and receptacles for trash and recycling, and both agencies desire to install such transit shelters, amenities and appurtenances at various locations throughout the city; and WHEREAS, the new transit shelters and benches would improve the streetscape along the various major City corridors where they are installed; and WHEREAS, in order to provide for the installation of the neer transit shelters and benches it is necessary for the City and MTS to ester into an MOU to provide the parameters and obligations of the parties with respect to such installations; and WHEREAS, the parties have negotiated and, subject to City Council approval, agreed to such ars M U. The M U term is for a period of up to ten (10) years consisting of an initial five (5)base years and five (5) one-gear options; and WHEREAS, Chula Vista Municipal Code ("CVMC") section 12.3 .060 generally prohibits the installation or maintenance of transit shelters, benches, and related appurtenances within the City's public right-of-way without first obtaining permission from the City's Director of Public Works; and WHEREAS, the City's Director of public Works has authorized MTS and its contractors to install and maintain transit shelters, benches, and related appurtenances within the City's Public .Rights-of-Way in accordance with the teres and conditions of the MOU; and WHEREAS, CVMC 12.3r .070 generally prohibits advertising on. any transit benches installed in the public right-of-way; and C:1Usersl.legistar\AppData\Local\Ternp\B+ L Technologies leasyPDF 8\ ,B+CL@,640E1Q751�:'BCL@,640EI07 .doc 2020-05-05 Agenda Packet, Page 108 of 534 Resolution No. Page 2 WHEREAS, CVMC 12.36.070 provides that the City is exempt from the advertising prohibition and further that the City Council, in its discretion, may permit the City to place advertisimy, on transit benches installed within the public right-of-way; and %-1 WHEREAS, the MOU incorporates MTS Policy 21 into the agreement to serve as the guidelines an advertising under u d regulations for advertis* the MOU, and authorizes the placement of advertisimy, on transit benches within the public right-of-way in accordance with the MMU and %-1 MTS policy; and WHEREAS, revenue generated from such advertising is intended to fund the purchase of new transit shelters and benches, and the City and MTS have agreed to work cooperatively to identify additional bench and shelter locations to be installed under the MOLT; and WHEREAS, City staff recommends that the City Council exercise its discretion pursuant to CVMC 12.36.070 to authorize advertising on transit benches installed in accordance with the terms and conditions of the MOU. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding Between the City of Chula Vista and The San Diego Metropolitan Transit System Regarding Installation and Maintenance Transit Shelters & Benches, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor, or the City Manager or designee, to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it exercises its discretion pursuant to CVMC 12.36.070 to authorize advertis,ing on transit benches installed in the public right-of-way in accordance with the terms and conditions of the MOU. Presented by Approved as to form by WILL S. VALLt GLEN R. GOOGINS Director of Engineering & Capital Projects City Attorney 2020-05-05 Agenda Packet, Page 109 of 534 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 May 5,2020 File ID: -0022 TITS RESOLUTION Off"THE CITY CONCILOff"'THE CITY Off`CHULAVISTA APPROVING THE DRAFT MASTER PLAN FOR THE 2.286-ACRE TOWN SQUARE PARK P-3 IN MILLS IA,THE NAME"METRO PARS:,"AND THE METRO PARK CONDITIONS OF APPROVAL ACTIONRECOMMENDED " Council adopt the resolution. SUMMARY This report presents the draft Park Master Flan for the fifth park in the Mllenia development and seeks City Council approval of the draft Master Plan,the name"Metro Park',and conditions of approval. The proposed park is a 2.286-acre neighborhood park to be privately owned and maintained, covered by a public access easement allowing public access whenever the park is open. 'The park is located in the Main.Street District of Mllenia,on Optima Street. Metro Avenue terminates at its southern end at the proposed park. 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 certified Final Second Tier Environmental Impact Report EIR 07-01) for Otay Ranch Eastern Urban Center (EDC) Sectional Planning Area (SPA) Plan and Tentative Map. Thus, no additional environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Parrs and Recreation Commission recommended approval of the Park. P-3 Master Play and the park's name,"Metro Parr"at its meeting of February 2 cath, 2 0 2 O. DISCUSSION Background The SPA plan for M llenia, formerly known as the Eastern Urban Center, was adopted by City Council on October 6, 2009,Evia Resolution No. 2009-224 and.Ordinance Nos. 3142, 3257, 3372, 3397 &3430. The SPA plan for Millen.ia includes an Urban Parrs, Recreation., Open Space and Trails Plan that describes a system of parks, plazas and trails within the development, as well as an overall master plan for six parrs within the development, describing their locations, hoar the park obligations will be met, overall design concepts, and program elements to be included within each park. This 2.28+ -acre park site is located on Optima Street at the terminus us of Metro.Avenue, and it is privately owed but covered by a public access easement accepted on Final Map No. 16081 recorded.on 12/28/15. The presence of the public access easement over the entire park means that the public has access to the park at all times when the park is open. 1 . 0 0 1 P � 1 2020-05-05 Agenda Packet, Page 1 10 of 534 Per the 2018 SPA amendment,Metro Avenue forms the'Main Street'of the development with retail activities along its length and surrounding the park site. Additional retail was added on the south side of the park. The adjacency of retail properties to the park is intended to encourage further activity and vibrancy of'the park space allowing activity from the retail and the park to mingle. Millenia Parks Agreement The Millenia project meets its park obligations, as stated in Chapter 17.,10 of the Municipal Code,through a combination of parkland dedication, parkland development improvements and in-lieu fees. The ways in which these provisions are to be made are documented in detail in the"Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center" (Parks Agreement)adopted by Council Resolution No. 2009-226 on September 15, 2009 and amended per recorded documents 2009-0599389 and 2016- 0473597. 'The Millenia parks are to be provided through the "turnkey" method where the developer constructs the park on behalf of the City. In the case of the town square park, the developer will build a privately owned and maintained park with a public access easement over it. The Parks Agreement makes provision for an increased level of park facilities than are typically included in a Chula Vista park. The associated level of park credit given by the City for the parks is increased to reflect the increased level of amenities. In addition, the developer will provide recreation facilities including jogging trails and plazas within the Gateway and Business Districts for which they will receive credit, as well as, meeting the remaining portion of their obligation with in-lieu fees.'The agreement allows for the City to approve special event programming in Millenia parks to help encourage the sense of community. The Millenia Master Developer and the landscape consultants, Schmidt Design Group, have entered into a two-party agreement for the design of the Town Square Park. Town Square Park(P-,31 The overall theme fort e park is"performance." The draftmaster plan for the park(Attachment 1) includes the following elements a) Signature pavilion/performance area ntr-anee scItIlp c) Kiosk for concessions and storage of movable furniture 6%&AAA% 14, d) Mnimh],Q aame eay-t and play h1or-kc' e) Urban swings (In the main square of the park only)* 0 Large paved area with decorative paving g) Pedestrian lighting h) Specimen shade and ornamental trees i) Seat walls with planters j) Movable tables and chairs k) Drinking fountain 1) Accessible parking space on the adjacent Optima Street m) AWoonerf-A space design to be shared by pedestrians and vehicles *Revised as part of a value engineering exercise in response to a cost estimate developed after the Parks and Recreation Meeting on Feb 20th, 2020. Commercial buildings on Lots 5 and 6 of Final Map No. 16380,immediately south of the Two commercial lots adjacent to the south side of the park will be located on lots S and 6 of Map No. 1638,0. They will only have pedestrian access or vehicle access through a shared use driveway or"woonerf"running around three sides of the park perimeter. "Woonerf" is Dutch word that means a "living street" or a space that is shared by pedestrians and vehicles. The vehicular space is designed to be pedestrian friendly but also be available for slow speed vehicular use. Nine miles per hour is the typical speed limit on woonerfs in the P 12 2020-05-05 Agenda Packet, Page 1 I I of 534 Netherlands. The pedestrian appearance has the effect of making drivers aware of the presence of pedestrians and slowing for them accordingly. One of the functions of the wooner�f is to provide parking for the commercial buildings on lots 5 &6 of final map 16380�. These parking spaces will be designated for users of the commercial units. Built into the park design will be a smart parking system which will indicate how many spaces are available to drivers before they turn into the woonerf. This is intended to prevent cars from circulating around when there are no spaces available.The attached draft Metro Park Woonerf Parking&Traffic Management Plan describes the measures proposed to control parking and limit vehicle use through the woonerf (Attachment 2). The woonerf space will not always be open for vehicle use. At times,with the approval of the commercial building owners, it can be closed off to make space for events such as a farmer's market or other community events which are of a pedestrian nature. The woonerf and measures to limit vehicle access to the park The Master Developer has engaged traffic engineers Linscott, Law and Greenspan to develop a Draft Metro Park Woonerf Parking&Traffic Management Plan which describes technical measures designed to reduce the amount of traffic entering and using the woonerf. One example of this would be to install a smart parking system which monitors the amount of spaces available outside the retail units and relays the information to an electronic sign at the woonerf entrance. If no spaces are available,the sign will display a zero or "parking full" message. The effect of this would be to deter drivers from entering the woonerf'on the off chance that they might find a parking space. . copy of this draft plan is included in the agenda package for your information(Attachment 2). 'The cost of introducing such measures will be met entirely by the Master Developer. The final version of this document will be approved by the Director of Development Services and will be included in an amendment to the Millenia Parking Management Plan. It will also trigger an amendment to Millenia Supplemental Declaration of Covenants,Conditions and Restrictions and Establishment of Easements amendment(C'C .rs)both of which will also be approved by the Director of Development Services (See attachment 3 for draft). City staff has developed conditions of approval which obligate the Master Developer,the Millenia Community Association, and the Parking District Council to implement the measures described in the Metro Park Woonerf Parking & Traffic Management Plan. The following conditions are included in the City Council Resolution: 1. Prior to the approval of the Metro Park Construction Documents, drawing number 20001, by the Director of Development Services or designee, the Master Developer shall prepare and obtain approval of the Millenia Parking Management Plan Amendment incorporating the Metro Park Wooner�f Parking and Traffic Management Plan from the Director of Development Services or designee. Preparation and approval of the documents herein stated and the implementation of said measures shall be at Master Developer's own expense, for which said costs shall not be eligible as park construction costs. 2. Prior to the approval of the Metro Park Construction Documents, drawing number 20001, by the Director of Development Services or designee,the Master Developer shall incorporate the Metro Park Woonerf Parking and Traffic Management Plan technical recommendations included in the Millenia Parking Management Plan Amendment into the Construction Drawings for Metro Park. 3. The Millenia Parking Management Plan Amendment incorporating the Metro Park Woonerf Parking and Traffic Management Plan prepared by the Master Developer and approved by the Director of P : ge 3 2020-05-05 Agenda Packet, Page 1 2 of 534 Development Services, or designee, shall include responsibility for the monitoring of woonerf operations to be carried out by the Millenia Community Association and the Parking District Council at no cost to the City of Chula Vista. 4. Prior to Metro Park opening to the public, or a certificate of occupancy for the retail units on lots 5 and 6, Final Map 16380,whichever comes first,the Millenia Parking Management Plan Amendment incorporating the Metro Park Woonerf Parking and Traffic Management Plan technical components shall be put into effect by the Master Developer to the satisfaction of the Director of Development Services and the woonerf monitoring operations specified therein shall commence. 1. S. Upon Metro Park opening to the public,, Developer shall place a bond with the Community Association, with the City listed as an additional obligee, in the amount of$100,000 as security for the success of the woonerf'concept. The Community Association / City will hold the bond during which the Master Developer and/'ort e Parking District Council would monitor and report problems and remedies implemented. The bond shall remain in place as required in Conditions #8 and #9 below. 6. Prior to a tenant occupying either of the commercial units on Lots 5 and 6, Final Map 1638,0, Master Developer shall place a$50,000 cash deposit with the Community Association to secure the effective operation of the woonerf.This security would be held for the later of 1)two years from park opening; or 2) one year from initial occupancy of the retail buildings. Should the bond referenced in condition 5 above still be in place at the time of the cash deposit, the City shall authorize the bond amount to be reduced to $50,000 to ensure that no more than$100,000 of security is in place at any one time. 7. Should the commercial buildings on Lots 5 and 6 not be ready for tenant occupancy concurrent with the park opening, the woonerf and commercial parking spaces shall be utilized for park purposes prior to the occupancy of the commercial buildings fronting the park and monitored in accordance with the Parking Management Plan amendment. 8. The Director of Development Services shall authorize the release of the bond referenced in Condition #,5 above when: a. the retail buildings on lots 5 and 6,Final Map 16380,reach 50%occupancy(4,500 square feet in any combination between the two buildings); and, b. the later of 1)two years from park opening;or 2)one year from initial occupancy of the retail buildings; and, c. when the Parking District Council and the Director of Development Services agree that the woonerf Parking and Traffic Management Plan is adequately controlling traffic and parking in the woonerf. 9. In the event that the Metro Park Woonerf Parking and Traffic Management Plan does not adequately control traffic and parking in the woonerf to the satisfaction of the Parking District Council and the Director of Development Services, for which the Director of Development Services shall provide substantial evidence, the Security shall remain in place until adequate traffic and parking control is achieved tothe satisfaction of the Director of'Development Services. P 4 2020-05-05 Agenda Packet, Page 1 3 of 534 10. Prior to the approval of the Utility Plans associated with the retail buildings on Lots 5 and 6, Final Map 16380, the Master Developer shall demonstrate that none of the utilities serving these buildings are located outside the space occupied by that shown in Section B-B' on the Utilities Exhibit, page,9, of the approved Landscape Master Plan for Metro Park. Maintenance Provisions Metro park will be maintained by the Millenia Community Association and the woonerf parking management will be by the Parking District Council.There will be no City obligation to maintain the park. DECISION-MAKER C"ONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet oft e 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 §8,7100,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 review of the draft master plan and the preparation of this report are borne by the Master Developer,resulting in no net fiscal impact to the General Fund or the Development Services Fund. ONGOING FISCAL IMPACT This park will be built by the Master Developer and maintained in perpetuity by the Millenia Community Association. It contributes to the Millenia park obligation because it is covered by a public access easement allowing public access whenever the park is open.There will be no capital cost to the City for the,creation of this park. There will be no maintenance costs to the City because the park will be privately maintained by the Millenia Community Association. ATTACHMENTS 1. Metro Park Master Plan 2. Metro Park Parking and Traffic Management(PMP Amend) DRAFT 3. Millenia-Supplemental Declaration- Metro Park DRAFT Staff Contact:Mary Radley,Landscape Architect P 2020-05-05 Agenda Packet, Page 1 4 of 534 RESOLUTION N N . RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CHULA VISTA APPROVING THE DRAFT MASTER PLAN FOR TIME 2.2 + -At RE TOWN SQUARE PARD P-3 IN MI L ENIA, THE NAME "METRO PARD," AND THE METRO PARK CONDITIONS F APPROVAL. WHEREAS, the SPA plan for 1 lillenia, formerly known as the Eastern Urban Center, was adapted by City Council on October 6, 2009, Resolution No.2 9-224 and Ordinances No. 3142, 3257, 3372, 3397 & 3430; and WHEREAS, the 2.286-acre parr site is located on Optima Street at the terminus of Metro Avenue, and it is privately owned but covered by a public access easement accepted on Final Map 16081 recorded an 1.2/28/15; and WHEREAS, the presence of the public access easement over the whole park means that the public has access to theparr at all times when the park is open and. WHEREAS, in the 201.8 SIVA amendment, Metro Avenin forms the `Main Street' of the development with retail activities along its length and surrounding the parr site; and. WHEREAS, The Millenia,project meets its parr obligations, as stated in Chapter 17.10 of the Municipal Code, through a combination of parkland dedication, parkland development improvements and in-lieu fees; and WHEREAS, provisions are documented in detail in the "Agreement Regarding Construction of :Pass in a Portion of Otay Ranch Eastern Urban Center" Parks Agreement) adopted by Council Resolution No.2009-226 an September 15, 2009 and amended per recorded documents 2009-0599389 and 2016-04,73597; and WHEREAS, the Park: Agreement makes provision for an increased level of pari facilities than are typically included in a Chula Vista Park; and WHEREAS, the 1'' illenia Master Developer and the landscape consultants, Schmidt Design Group, have entered into a two-party agreement for the design of the Tows Square Parr; and WHEREAS, The Director of Development Services has reviewed the proposed project for compliance ce with the California Environmental Quality Act A) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report EIR 07-01) for Otay Ranch Eastern. Turban Center EU Sectional Planning Area (SPA) Plan and Tentative Map. Thus, no additional environmental review is required; and WHEREAS, two commercial lots adjacent to the south side of the purr will be located on lots 5 and 6 of Map No. 16380. They will only have pedestrian access or vehicle 2020-05-05 Agenda Packet, Page 1].5 of 534 access through a shared use driveway or 'Woonerf running around three sides of the park perimeter; and WHEREAS, the Draft Metro Park Woonerf Parking & Traffic Management Plan describes technical measures designed to reduce the amount of traffic entering and using the Woonerf; and WHEREAS, the cost of introducing such measures will be met entirely by the Master Developer; and WHEREAS, the Parks and Recreation Commission recommended approval of the Park P-3 Master Plan and the park's name "Metro Park" at its meeting of February 20th 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the draft master plan for the 2.286-acre town square park P-3 in Millenia and the name "Metro Park." BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Metro Park Conditions of Approval listed below: 1. Prior to the approval of the Metro Park Construction Documents,, drawing number 20001, by the Director of Development Services or designee, the Master Developer shall prepare and obtain approval of the Millenia Parking Management Plan Amendment incorporating the Metro Park Woonerf Parking and Traffic Management Plan from the Director of Development Services or designee. Preparation and approval of the documents herein stated and the implementation of said measures shall be at Master Developer's own expense, for which said costs shall not be eligible as park construction costs. 2. Prior to the approval of the Metro Park Construction Documents, drawing number 20001, by the Director of Development Services or designee, the Master Developer shall incorporate the Metro Park Woonerf Parking and Traffic Management Plan technical recommendations included in the Millenia Parking Management Plan Amendment into the Construction Drawings for Metro Park. 3. The Milled a Parking Management Plan Amendment incorporating the Metro Park Woonerf Parking and Traffic Management Plan prepared by the Master Developer and approved by the Director of Development Services, or designee, shall include responsibility for the monitoring of woonerf operations to be carried out by the Millenia Community Association and the Parking District Council, at no cost to the City of Chula Vista. 4. Prior to Metro Park opening to the public, or a certificate of occupancy for the retail units on lots 5 and 6, Final Map 16380, whichever comes first, the Millenia Parking Management Plan Amendment incorporating the Metro Park Woonerf Parking and Traffic Management Plan technical components shall be put into effect by the Master 2020-05-05 Agenda Packet, Page 1]6 of 534 Resolution No. Page 3 Developer to the satisfaction of the Director of Development Services and the woonerf monitoring operations specified therein shall commence. 5. Upon Metro Park opening to the public, Developer shall place a on with the Community Association, with the City listed as an additional obligee, in the amount of $100,000 as security for the success of the woonerf concept. he Community Association / City will hold the bond during which the Master Developer and / or the Parking District Council would monitor and report problems and remedies implemented. The bond shall remain in place as required in Conditions #8 and#9 below. 6. Prior to a tenant occupying either of the commercial units on Lots 5 and 6, Final Map 16380, Master Developer shall place a $50,000 cash deposit with the Community Association to secure the effective operation of the woonerf. This security would be held for the later of 1) two years from park opening; or 2) one year from initial occupancy of the retail buildings. Should the bond referenced in condition 5 above still be in place at the time of the cash deposit, the City shall authorize the bond amount to be reduced to $50,000 to ensure that no more than $100,000 of security is in place at any one time. 7. Should the commercial buildings, on Lots 5 and 6 not be ready for tenant occupancy concurrent with the park opening, the woonerf and commercial parking spaces shall be utilized for park purposes prior to the occupancy of the commercial buildings fronting the park and monitored in accordance with the Parking Management Plan amendment. 8. The Director of Development Services shall authorize the release of the bond referenced in Condition#5 above when: a. the retail buildings on lots, 51 and 6, Final Map 16380, reach 50�% occupancy (4,500 square feet in any combination between the two buildings); and, b. the later of 1) two years from park opening; or 2) one year from initial occupancy of the retail buildings; and, c. when the Parking District Council and the Director of Development Services agree that the woonerf Parking and Traffic Management Plan is adequately controlling traffic and parking in the woonerf, 9. In the event that the Metro Park Woonerf Parking and Traffic Management Plan does not adequately control traffic and parking in the woonerf to the satisfaction of the Parking District Council and the Director of Development Services, for which the Director of Development Services shall provide substantial evidence, the Security shall remain in place until adequate traffic and parking control is achieved to the satisfaction of the Director of Development Services. 10. Prior to the approval of the Utility Plans associated with the retail buildings on Lots 5 and 6. Final Map 16380, the Master Developer shall demonstrate that none of the utilities serving these buildings are located outside the space occupied by that shown in Section 2020-05-05 Agenda Packet, Page 1 7 of 534 B-B' on the Utilities Exhibit, page 9, of the approved Landscape Master Plan for Metro Park. Presented by Approved as to form by Kelly Broughton Glen R. Goggins Development Services Director. City Attorney 2020-05-05 Agenda Packet, Page 1 8 of 534 11%m 11111erm���a I!Ylet�ro a�rlllc Park Number:P-3 W/O Number:OR-850P3 2.286 Acres III 2, ri Private Park maintained by the community association covered by a public access easement allowing use by the public. Guy Asaro Todd Galarneau JT Barr Todd Schechinger PresidentICEO Vice President Principal Sr.Project Manager 619-794-1311 619-787-6802 619-236-1462 9988 Hibert St,Suite 210 1310 Rosecrans St,Suite G San Diego,CA 92131 San Diego,CA 92106 Park Master Plan February 14,2020 600 S C H M�ID 111D Page 1 of 9 &AD* G R 0 U 11:1 2020-05-05 Ag-d.PuUt Page 119 d 534 Lot 6 Lot 5 a � u 1 Mixed Use Apartments Mixed Use Apartments m Stylus Park � w " �"u Lot B ` Stylus St Millenla �"Al '%/����f�� - - � �" - - - �� ��� w, ��me �mwwww Fire Station , h/ • i//r/ � Lot 9 / IIY ,w ///' w m rDn w w f w w « m w m ry w m w m I D n w iu. m u IMMUNE 1 u w " Lot 10 f / w �w m� w �w mll FSenior m a & ! 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N-7\ ii °iii a°imi uu� �°�� s 1�1 9 2020-05-05 Ag-da PuUt Page 120 d 534 i m O mFire truck turning radius z per City of Chula Vista Fire rn Department guidelines n 5 n 4\ 0 »» 1151 ,�,»»»l 11011 1111111 »»9 am11 i a,l t , 1 44 m»»11111 ult ul� 1011111 �11 fil»l ul` hl ,. STREET f 91111, Vp111111�1�119 ��lllu �14�� �6�11»t ���tlll»,�{IV»fiw11nD� �i,,,,���� llll fi»iiu, 111111»1 W1111���R4���» �i�� Wl»�1 X16,»�1 ., A 3 I ILL� I a ; � I ._ _, fir, .�,;, � ; ,; — ,.:, .,. �,_. .�-_��._ ._-,__ �.. �,, � � ,,�., A zero curb condition is proposed throughout it the park.The fire lane and turning radius will consist.of vehicular rated concrete.Access to the woonerf/emergency fire access from Optima Street will be provided via entry and i r 7 77, exit flared driveways. r Il ,x ✓ I�+i�14'"Yll�ll�{"i 1 �i � +M'4 e. 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Residential Commercial � r,, �,'u �41�„s, Commercial Residential r _, �j/ _ _ Park Legend. Design Statement Woonerf Concept � Regional Trail Turf Area Movable Furniture Typ' ADA Parkin Stall Inspired by the theme of the proposed Metro Park creates a forum for civic Woonerf's are strategically designed spaces shared r, :�%��� Old 199 X114 m 11111111 �»s,�41�1 gathering,concerts,movies,and festivals.The park is anchored by a large proposed performance by pedestrians,cyclists,and vehicles.A woonerf is „'p/�� ���� Outdoor Games Social,> I Social NodeTyp. Festival Lights,Typ. Fixed Lounge Seating space includinga signature shade structure framed b a civic plaza.The signature structure proposed to be incorporated into the ark design �111 1 mn u»� a91o1»�» i'i�, I,�I!s» 1��' Seat Wall,T 1111110 Game Cart r 11° Shade Structure/Trellis �a»""�` Removable Bollards T resides in the center of the park providing a visual beacon from Metro Avenue to the north providing access for emergency vehicles and access /y,' I'�r i11;1r,;1 g%lm4 yp' ��� i�i««��� yp' �' a, � and the aseo to the south.Flanking the shade structure are two proposed gathering spaces to 17 parking stalls serving the park-fronting retail/ r' �m.'� �I�Sculpture/Sin �91��y Modular Wetland System,T i�w"41e,�6 Detectable Warning,T V�1» Loading Drop Off Zone p g p p g g p p g g p g ��"�( � p g � �� Y Yp• ��1��»�1�i�1� Yp• � g/ p with movable furniture nestled under a bosque of trees.A series of proposed pathways offer a commercial.A range of proposed techniques have1 ��f'1�0�%, � 100111 m9 11101 Ell oi 1116 m»I pu61� permeable transition into the park from Optima Avenue.Numerous gathering opportunities are been employed to reinforce the woonerf experience f�',:://t� ���fi;,�'Arrival Plaza � Y� Woonerf Trees,Typ. E �° 20'x8'Container Kiosk with ^���Ol� Trash/Recycling Receptacles o�l�ool 6,1��0 91�u,1 m411»4»1014 present within the gardens including game tables,swings,social nodes,and flexible turf areas. including zero-curb conditions throughout,enhanced50%Storage for Park f' q�titt����l�Central Plaza ����1� Parking/Flexible Event Space �o��u'�1 Drinking Fountain »I Decorative Pots,Typ. A proposed woonerf frames the east,south,and west edge of the park providing a seamless paving/scoring,and social/gaming nodes proposed �»11� ,��lgl�g4 transition from the surrounding retail/commercial uses while inviting patrons into the various along its length.Removable bollards are proposed �'�,, �p��m11n1 Signature Pavilion 11 N11;;n V� Transformer 11"1°»� i�11�» 11 Light Fixture,typ q Future 20'x8'Container Kiosk p p Y g g gaming opportunities. Y gm Ali�� g ��1��»» Ali»i�llliti� g ��90���1�1�1� arks aces.The woonerf is further activated b a range of seating and aurin o ortunities. at the entry and exit to the woonerf allowing for with 50%Storage for Park The Regional Trail enters the ark form the west traversing the civic laza and through the aseo closures durin communit events farmer s markets REFER To SHEET 4 �01, "Rocker"Swings,Typ. p �111��� Imagination Playground Blocks111�114 Intelligent Parking Signage °°�i���o�4 Fixed Backed Seating g p g p g p g Y �114° ��� � ���,°� providing a direct connection to Strata Street and Strata Park to the south. food truck festivals,and more. Preliminary Park Masterplan February 020 Scale:1"=20'-0" N z 11:1Pa Page 3 of 9 0 5 10 20 30 -7\ 2020-05-05 Ag-da PuUt Page 12l of 534 REFER TOSHEET 3 Park Legend: �`otlm1I�I�"»1A�;�� �n tt�n11� Regional Trail u Turf Area � i Movable Furniture,Typ. ADA Parking Stall 111titi� n�Illll ���1\\�j Outdoor Games Social Node,Typ. �ll��;i Festival Lights,Typ. Fixed Lounge Seating 711 ,>t�145ti5�7v1u p`V 111 11 �411I�1ti> Seat Wall,T Game Cart Shade Structure/Trellis Removable Bollards,Typ. inti��U Sculpture/Sign y����,�ti Modular Wetland System,Typ. ���I� Detectable Warning,Typ. !n����� Loading/Drop Off Zone v 1��11ti1 �o>�N mii9 Arrival Plaza p �w� Woonerf Trees,Typ. 20'x8'Container Kiosk with �t Trash/Recycling Receptacles Central Plaza �e Parking/Flexible Event Space ������1N� Drinking age for���11�11 druitiaUr1�11111m1 �, Decorative Pots,Typ. Signature Pavilion ii Transformer � 11mm�� Light Fixture,typ. �'l„1144 Future 20'x8'Container Kiosk �„ , with 50%Storage for Park r!�)f ����� 1a 0��', u�14q» ��S 111 �"Rocker”Swings,Typ. ��1�� Imagination Playground Blocks Intelligent Intelligent Parking Signage Fixed Fixed Backed Seating Large Shade Trees(36"Box)Such As: rte; Prosopis glandulosa-Honey Mesquite Tipuana tipu-Tipu Tree Ulmus parvifolia-Chinese Elm Flowering Accent Trees(24"Box)Such As: LOT 15 % LOT 22 Cassia leptophylla-Gold Medallion Tree Cercis'Forest Pansy'-Forest Pansy Redbud Tabebuia impetiginosa-Pink Trumpet Tree �9 � Metrosideros excelsa-New Zealand Christmas Tree IiV �,Li 1st 414 VIEW Palm trees(12 BTH)Such As: Archontophoenix alexandrae-King Palm Shrubs Such As: ...Ir�fill�I 5'-0'1 Agave'Blue Glow'-Blue Glow Agave Aloe'Medusa'-Medusa Aloe Aloe vera-Aloe Vera Boutelia'Blonde Ambition'-Blonde Ambition Grama Calliandra californica-Baja Fairy Duster Callistemon'Little John'-Dwarf Bottlebrush Carissa'Green Carpet'-Green Carept Natal Plum Cistus purpureus-Rockrose Dianella'Baby Bliss'-Baby Bliss Dianella /U, Metrosideros'Tahiti'-Dwarf Pohutukawa Muhlenbergia rigens-Deer Grass %1 Rhamnus'Little Sur'-Little Sur Coffeeberry T Salvia'Wendy's Wish'-Wendy's Wish Sage Senecio mandraliscae-Blue Chalk Sticks Preliminary Stormwater Calculations% Sesleriaautumnalis-Autumn Moor Grass /i� d is Westrin 'W n abbie Gem'-W n abbie Coast Rosemary Three proposed Modular Wetland Systems are sized for the Millenia Metro Park conceptual site. g Y y y y y The site is divided into three Drainage Management Areas(DMAs)which discharge to two points of compliance.Hydromodification control for the site is provided by an existing BMP documented % Irrigation Concept a separate Hydromodification Management Plan titled"Hydromodification Management Plan for The park will have dedicated water meters for the site one for recycled water and one for potable Millenia(Eastern Urban Center)Project,January 7,2011,prepared by Rick Engineering Company. M81111 The irrigation for the park will utilize an automatically controlled irrigation system using low rilb,r�/� - gallonage spray heads for most planting areas.A"smart"controller will be utilized and the irrigation Pollutant Control calculations use the Rational Method with a uniform intensity of 0.2 in/hr and a B ��i1, 1, ",111111111111111 will comply with the City of Chula Vista Landscape Water Conservation Ordinance,Chapter 20.12 of factor of 1.5 to calculate the design flow rate.Design flow rate and BMP selection calculations are ��i�1«4 �// the Municipal Code.Water use calculations will be prepared to demonstrate how the ETWA will not attached and summarized in the table below. ��011'ti� ��/ exceed the MAWA.The design will also include lockable hose bibs with potable water near picnic locations to aid in the wash down of tables.The irrigation design will conform to the City of Chula BMP# DMA Runoff Design BMP Sizing % Vista Landscape Manual and equipment will conform to City Park standards. ID# Area Coefficient Flow MWS Model Selected BMP's is (ac) (C) (cfs) Flow Rate(cfs) % 1 A-1 0.89 1 0.71 0.190 MWS-L-8-8 0 230 f i 2 A-2 0.91 0.79 0.216....,,.°MtN'S-L-8-8 - 0.230 3 B 0.50 0:3' 0.095 MWS-L-4-8 0.115 STRATA STREET Preliminary Park Masterplan February 020 Scale:1"=20'-0" N E 11:1Pa Page 4 of 9 0 5 10 20 30 -7\ 2020-05-05 Ag-da PuUt Page 122 d 534 Lighting Concept Fixture Legend The lighting design for the park will feature modern,elegant fixtures to complement the performance concept.Simple,straight pole and bollard fixtures are simple and A 20'Tall Pedestrian Cluster Column Light sleek,creating a rhythm of lighting along main pathways.Multiple fixtures are housed (4 Light) on a single pole reflecting the theatrical lighting often found in performance venues. At the central plaza,an array of pedestrian poles creates a beautiful gathering space IB 20'Tall Pedestrian Cluster Column Light for eveningguests in the ark.Walks flanking the central laza will have an integral (2 Light) g p g p g glow to enhance the experience of entering the plaza at night.Up lights shine upon' two rows of trees radiating around the plaza.The Regional Trail will have pedestrian C Light Bollard pole fixtures providing safe passage after dusk.The signature shade structure will serve as a nighttime beacon for the community with color-changing lighting located D Flush Mounted LED Uplights at Trees Gni VIII within its canopy. E Overhead Festoon Lights I IF Color Changing LED Modules Recessed in Pavilion Structures i l c a Xyy i r i s I It Iii'u � 1 i u i I / I / i f 20'Pedestrian Cluster Column Light Light Bollard Overhead Festoon Lights „ ark 600 SC S Preliminary Lighting Concept Page FebruaryPa e 5 of 9 20 Scale:N.T.S. -7\N �i iiimu a°imiuu� E� lu° u Viiiiiil M� iiia IF iiia 1 9 2020-05-05 Ag-da PuUt Page 123 d534 II...I...I / , f fI , 1 , rf rf Y, , I ,.. /; B%o i r I „.: ,,,, ,,f ,,... ,,; 1f, III � ,If,i�,/,� ,. ,,,,rr/ii;o//I•f��,� � I,r, I ..r l f / f I I f r� (f i ,I i , C, 111 I ,,,,,,,,,,,.//'� ",;,,; ,,,., .,; ,.lflrr),,W, .. 1/r..�•. m'%�ss,rr 1- I r,,,•'. ,,.. ,... ,I (i (II I Y li I l,1l,r,.. I,...lid,,,,, ,.,. ry,/,.. ,.,:,,r.,,, /1/�..%i✓(/ /r//%J,. , �/' ri. ..I 4...,.: .,,Y.., I ,:✓r ., �,..,r ��,Y,.. �.,,, ,�.✓,4w..=i G;. II. ^ ,,1,r, r'„,r r1l IY �II. / 1 / I uu I i I f , I rV1 ,:. I+ I xf i � a ,., ..- ,,..,: .I r„ail..,,,/rr+J,r//m,,..e,..,,/ra ..... _w,/��r,�l I v,Ilvu�lN muwl._ .�.,.. ,.. *W..'�u. „ ,,.: �..,,1..-.,�.._...... ..,_, ,....,,,,,,,.. m,. &fiW✓,,,,,,.,.�:,�/,�Grd ,,..,,Waa.,. 'u.,�,w,w,.�,;�i.,.k''I.,r~m,w.,Wu„«r �..:: 'Cafe'Tables and Chairs by Thomas Steele 'Rivage Lounger'by Mmcite Container Kiosk by BMarko Structures Shade Structure by Icon Trellis by Icon III...II:F U R IIN III S IIS III IIS G S MATERIALSDIAD I::I DIS DU F:I 0 NERI:: �00 n: �r I F 4, , I r ! ' t`I illi � r m r� III II If ;..�:�:� �.„ �,'� ✓/ � yl,':,,fl..'w'', /°,II I.f r'�, ( ,1r,t ,U✓r(:, fP;:,.. '' ,r './ ,r1!,:�/,//f/%�f r'/n .., r:.. / w II ,,l, Iiil I qaG li II i, l lif JI'' ➢� � Pr, ”wl Y I� Vii' ,"" I j yJJIN¢ / i ! 7„ k Vw �I i IIII I , i °IV,I�hl ImY YfY�jjl I f I 1 P 1, 1 r / I u i I"uv�Imul�arlPok�N6V�tli� ! �`✓rglll/Jff��,,,/ff� ,ir/� � d:,,. I ?” „� � „".l'/,/ %'�;, 1�/ u y L s I I r r�It,S hNti a / i,I u �✓"u�l��,,f,//��i), 1Ul 1 f �`iN�V I rr,o Y �//�,r", v<,: i r / l I: I 'I i EN "Rocker”Swing by Icon Imagination Playground Concrete with Acid Etch Finish Woonerf-Farmers Market Woonerf-Pedestrian Use >9 4 rr.., Iw,-, ..., ,.. ✓ ,.r. fi,. ., �',. � +. ,: ..,,..:)-.I W a.'n Y�VI. r,,:. a I I I, I I I i 11' IW Y / � N I 7 a, 41 1 �, I,; q : 4�7r� ,Id , 99 U I�MNlilicl�. , r� P, '°"l., �'/''il Asy/iiii,/ .?� �,., .m•' 'vA I ,:) 11 � , I �I 110m'l+w 11 iY u I, I big" , , . n IIIIWv I I I"i I IJ �9, I r y lII, t f w ,h 1 II, / I I (i rw fl klwY 9 II f^ �,., 4l II n �,� �„z�IYr ���r�rr�rrlrlrllllllllllllrr�r�rrrrl ", / Tipuana tipu-Tipu Tree Cercis canadensis`Forest Pansy'-Forest Pansy Redbud Ulmus parvifolia-Evergreen Elm Tabebuoia impetiginosa-Tabebuoia Prosopis glandulosa-Honey Mesquite Archontophoenix alexandrae-King Palm 600 SC HM Materials Image Board February e 6 of 9��� �i °ill II°imlllll� �°�i E I� ID Pa1 I�� Villilli I��II I���111111 Illllllu Villilii �� 1111111 I IIII Illllllu� I���ml Illllllu��� 9 2020-05-05 Ag-da PuUt Page 124 of 534 WOO IIS II':'IIS' SIGN IIV:'; � ., 4 I,of iM,��i,;� ���;' 1 �� ��, n •� I k P w pP 1� I fI a / � I ! r I � a d w 9 Ii l TRAFFIC / CALMING r, a' Intelligent Parking System Signage Traffic Warning Signage No Drop-Off Signage Woonerf Traffic Calming Signage IPS sign would be installed at the entry to the Woonerf/Optima Street intersection.The IPS sign should be visible from vehicles traveling westbound or eastbound on Optima Street and free of any sight obstructions such as parked vehicles or landscaping. ® E The proposed woonerf in the park provides access for emergency vehicles II III and access to 17 parking stalls serving the adjacent retail/commercial as structures.A traffic management strategy has been developed for the woonerf.It includes the following components: rr ° JiOl d' Woonerf Traffic Management ������������� • Traffic Calming/Woonerf Design Park Hours o Intelligent Parking System displaying available parking supply Smoking isprohibited ainplaygrounds o Warning signstot lot areas o Removal of continuous curbs ���a.m. No Fumar por favor o One-way roadway to o Time restricted parking Prutribidafumarenlos;pattusderecreoy el en Lsireasdelos iiinos o Street trees and furniture �'�y �"'� `"•r ""p.m. Health and Safety code 10-44°95 o Decorative pedestrian paving • Traffic Control During Events o Removable Bollard o Intelligent Parking System displaying"Closed" Signage within the park will be consistent with the signage implemented throughout the Millenia parks.Above are examples of the anticipated signage design. rPark Signage Image Board February Page e 7 of 9��� �i °i i i a°imi uu� �°�i E 1�N I�� Villilli I��II I��� Illllllu Villilii Illllllu��� 9 2020-05-05 Ag-da PuUt Page 125 d534 ° r, tri kr NE Ii a n Ali N, N 1,r I .I a � _....JR.i 1�, {3°1 � 3 F^ rr ^ � r / I II + xk' ^ I r+ f I � I I I w . I t I u q y I � , / f r, � a I �.I , t B I I I i r n 1" I I II' , I !1 I k t I I u r. u 1 l I I r e i N a , I d , h F f^ ' � l y f .. y•n'` p I re � JI II III � I i. ,�I, � u II III a„ ,., ' I, II�; '.r l n' e � � t I cq 1%r y,,, r ✓ '� I rn r... -�� ..�r�?,I ��ia,n 1 �us�v „•nlnnnm �'�uau;� µ r. �///� a,,,MCNc.�fr ,G ilk View 1-View from Above(Vehicular Use) View 1-View from Above(Pedestrian Use) Key Map / I II 1 II / J 1 J / J I / / / o / H P t I i ,r : w N,I I 1! I M , i 1, 0 1 m 1 r, n 1 V! V ' I r 11 I i View 2-Woonerf(Vehicular Use) View 2-Woonerf(Pedestrian Use) View 3-Garden Promenade ID 111DPark Simulations February � Page e 8 of 9020 ni °IH�I a°imluu� �°�I E 1�1 9 2020-05-05 Ag-da NI,Ut Page 126 of 534 + ............ ............. 17+17.00N ..... LT .7 5' LT 12+51.35-1 1' 12+44.85-3.00' LT ............................LUG INTO EX. 48 SD ................................7UG INTO EX. 48 SID 1 TIE INTO EX. 8" SWR 1 48" IE 591.53 41177 1 IE 594.81 8" IE EX. 599.13 18 IE 592.78 18" IE 596.06 Co + ............. ........................... ................. ........ ....... .............................. I' .....................— I................r .............. ............................. .......... ............. ........................................ i+bo 11+00 13+00 14+00 0 15+00 16+00 17+00 19+00 C9 7 18 S D '+'o 5 1 8 SWR + OPTIMA STREET L=70.00 A4 CLEANOUT r L=55.00' 18" IE OUT 593.34 18 IE IN 593.67 10 00 0 Ix C) + LO 8" IE 2 10' UTIL ESMT WO 13.5/'WOONERF ASSUMED z 1-3.6 WOONERFI, ASSUMED BIOFILTRATION : > 310FILTRATION lip !"ofo C) C) LOCATION +4- PROPOSED LOCATION M C MODULAR % PROPOSED 8x12 8x12 MODULAR C M A— WETLAND WFTI AND UTI L 6.50' KIOSK KIOSK QO ESMT + CONNECTIONSCONNECTIONS 01 WATER 9-10' 8" SWR CONNECTION UTI L 0 L=98.65' INTO EX. ~ _ C� ESMT 11, S=0.075 .......................... ........................... ... .................... ............. WATER SERVICES ma, 8" IE 604.80 CONNECTION 0 INTO EX. I/ A _0-)SERVICES MMMMMMwo 11 CP W 0 0 CL z— f ------ CA,--I ——---—— 0, ---------— 0 01 + 70—42.00 LT 0 0 FUTURE co Z PROPOSED TIE INTO EX. SWR LATERAL REMOVE 6" LATERAL 5 UTI L 5' FUTURE RETAIL REPLACE WITH 8" PVC GREASE EX. 597.44 > ESMT 5' UTI L ACCESS RETAIL SPACE SPACE G) INTERCEPTOR M 609.80 1—F PROPOSED ESMT ESMT !I' I > GREASE C) 5 M PROPOSED INTERCEPTOR �2 z RETAIL C MODULAR M WETLAND LEGEND 41.4' WATER/FIRE SERVICE w 13.50' FUTURE SEWER COMMERCIAL WOONERF--d STORM DRAIN BUILDING PL UTL ESM U L ESMT 5.5' NOTES: 11.4' 1. FF FOR FUTURE RETAIL SPACE IS PRELIMINARY AND SUBJECT TO CHANGE 16.0, FUTURE COMMERCIAL BBUILDING2. ALL PROPOSED STORM DRAIN IS 18"HDPE PIPE,WITH 1%SLOPE UNLESS OTHERWISE SPECIFIED —i I� 17.5' POTENTIAL PARK 3. ALL PROPOSED SEWER IS 8"PVC,WITH 1%SLOPE UNLESS OTHERWISE SPECIFIED 5.0'� 11.0' 1I IRRIGATION LINE 4. 18"STORM DRAIN DEPTH AND LENGTH IS SUBJECT TO CHANGED BASED ON FUTURE BIOFILTRATION IMPROVEMENTS UTICE UTIL. ESM r 1. 2 H POTENTIAL PARK 5. ALL UTILITIES ARE/WILL BE PRIVATE UNLESS OTHERWISE NOTED 1.0' 1�5.0'1 5.0'1 I I I ELEC CONDUIT U-) LO � r-i PO PO 00 4"WATERCCi 00 8"FS MODULAR 8"FS C� 4"WATER WETLAND 12"SEWER 18"SID PLANS PREPARED BY RICK ENGINEERING COMPANY SECTION A—A SECTION B-13 Preliminary Park Utilities Exhibit February 14,2020 Scale:1"=30'-0" N (0 00 SCHMkD� 111D Me"ItIIIIao 1' aIIIIlk Page 9 of 9 -7\ &AD* G R 0 U 11:1 0 7.515 30 60 2020-05-05 Ag-d.PuUt Page 127 d 534 L i IINSCOTT LAW & GREENSPAN e,n,g vni e e r s PARKING AND TRAFFIC MANAGEMENT PLAN ILLENIA METRO PARK Chula Vista, California November 4,20,19 �LG '19-1 Ill Linscott,Law& Greenspan,Engineers Prepared by Under the Supervision of. 4542 Ruffner Street Erika Carino, P.E. K.C. Ye�llapu, P.E. Suite 100 Transportation Engineer 11 Associate Principal San Diego,CA 92111 & 858-300.8800 T Charlene Sadiarin, P.E. 858.300-8810 F Transportation Engineer 11 www.11gengineers.corn 2020-05-05 Agenda Packet, Page 128 of 534 TABLE OF CONTENTS SECTION PAGE 1.0 Purpose and Need 2 2.0 Parking and Traffic Management Strategies 4 2.1 Traffic Management Strategies........................................................................................... 4 2.1.1 Wanner...Design and Construction..........................................................................4 2.1.2 Traffic Calming Measures ...................................................................................... 5 2.1.3 Distribution of Event Information .......................................................................... 5 2.1.4 Controlled Access................................................................................................... 5 2.1.5 Emergency Vehicle Accessibility........................................................................... 5 2.1.6 Designed Pir.k-Up/Drop-Off Locations.................................................................. 5 2.1.7 Geofencir _ -Ride-Sharing/Ride-Hai ling Services ............................................. 5 2.2 Parking Plana Ihent S. 'itegies so so so so so#*# 6 2.2.1 Tirr J Day Rel(, �ictions / Parking Space Allocations .......................................... 6 2.2.2 Oth,,, Parking -eas. . .......................................................................................... 6 2.2.3 Utiliza.. ..................................... 6 2.2.4 Signage and W., Jing Pt -Yram.......................................................................... 6 2.2.5 Distribution ?arkii mation ....................................................................... 7 2.2.6 Intelligent Parking S1 tern (IPS), .... ....................................................................... 7 3.0 Monitoring, Implementation an,,,. 3.1 Monitoring ............................................ . .......... ........................................................ 8 3.2 Implementation................................... ....... .......... ................................................... 8 3.3 Enforcement............................................. ........ .......... ............................................. 9 3.4 Contingency Based Planning Toolkit.................................... ........................................ 9 LIST OF FIGURES SECTIO,N-FIGURE# PAGE Figure1-1 Vicinity Map................................................................................................................... 3 LIST OF TABLES SECTIO,N-TABLE# PAGE Table 3-1 Parking and Traffic Management Strategies Matrix of Responsibilities............................ 10, Table 3-2 Potential Parking/Traffic Problems and Solutions............................................................. 12 LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.3-19-3111 Millenia Metro Park I M/H11,mcn,o Pa 1,11,nd"In, Plan k�A 11 amd'ho Ffic Wn 2020-05-05 Agenda Packet, Page 129 of 534 PARKING AND TRAFFIC MANAGEMENT PLAN M I LE _A METRO PARK Chula Vista, California November 4,2019 1.0 PURPOSE AND NEED The theme of Metro Park is "Performance" and it is intended to act as a vibrant and activated central space incorporating the visual, sound, and human energy associated with its theme. To support and activate the park space, the park is bordered on three sides with commercial development, as depicted in Exhibit 11-16 of the Millenia Form-Based Code. Figure 1-1 shows the VicinityMap. To ensure they remain viable and provide the activation for the park, it is necessary to provide parking within the park to serve those cornmr, *ql spaces fronting the park on its southern edge. To,provide access to those spaces and to provide ,e C1, --required fire access lane to the buildings,the park design features a shared-use driveway -down as . "woonerf' which will provide multiple functions, including emergency vehicle a, ass, parkinf accevs drive, and pedestrian circulation. When not in use, the woonerf will serve as rt, '<xatiop,- �pac, _�,­orathering and events. The intent of the Metro Park Park' g at, 'Trqf) Management Plan is to manage the comma rcialp,ark and the traffic it will generate fitrough !t,., :_i*to ensure the commercial space remains viable and active while ensuring that the primary r !reationall1r, Metro Park is not impaired. While the uses in the southern commercial buildings r ty cb", ov time, the number of parking spaces available for commercial use will not change, and t*t, , loc�, of te plan is to control and limit the traffic entering and exiting the park to only those vehicles accessi-, availp' -Naces. Given that the park is privately owned and maintains thy;,- ]an plar,%s the responsibility of ongoing monitoring and management of these spaces witt'I 'the Parting Diss,'rt Council of the Millenia Community Association, as discussed in Section 3.1.2 of the 1V c_ *q PMP. The goals and management directives will be embedded in the Millenia Park' Management Plan, which is administered by the Parking District Council. Emphasis will be placed on eliminating unnecessary vehicle traffic through the use of management strategies such as intelligent parking systems, signage, and new tec.hnologies such as geo-fencing. Use of the woonerf for drop-offs will be prohibited, and enforcement will be a coordinated effort between the retail developer and the Community Association's security service. Funding of the plan will be via the Millenia Community Association assessment. The management plan will be dynamic; it is expected that this management plan will evolve over time to address anticipated and unanticipated issues, as they arise, and solutions will be crafted, implemented and enforced by the Parking District Council which may, or may not, appear in this Parking and Traffic Management Plan. LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.3-19-3111 Millenia Metro Park I M/H11,mcn,o Pa 1,11,nd"In, Plan k�A 11 amd'ho Ffic Wn 2020-05-05 Agenda Packet, Page 130 of 534 r , r r J l Jar� 1. / U r s'rl r 9 I I I � I t ,:I I / 1111 i r, I I}ur ,� /�% ��' ,�u �%r rae:. , /,. ,f 'r,,. "° sli dIY VN✓i„/�-.. wmva” Itrr�" I, r f II I I,Itl I° ,iVlf3�I it �I, a, I / I I, 'u li / / f s // f4iVli l"11''11 r I I, I ' PPS 1 , „ rr II Illrluu JIM 1;Pl�II I I.II Ily lul IIVuI �I �I n 1 I In I I � r / a I is / S / 0 (IIII li III��� � �. ✓ ( "?ftJr�a �� (l,/i� � 1. ;/ µ _ � i I ) II 111�Ih�I III III Viiilll Ipj' ai ',I lu lulumi � I I I //;;, % I n I�� � ,,� �I r// 'o/, ? �!�f�, � �11�! /JIf ruf,✓ir,l ' I I , L, I� YIY+' I III I i ( v: II, I uu � I I I / W I I II J I �N JIV � IiIII I6F I I �jDi/pi;,,, ry II / r s i J , I ad r , / / l r „✓ of / J%�/ � J,," ��i r`;,;, ,,�6�i/ion r'riN/JI'," ///%l (Ir III ,..,i, /f :, ,.. I r 1111 l ;r/ -I,f � �r' 1111,, ,,:; �// :' l'� ,.:;1%'"a ✓i'� s.. rl „ii it /r I",; / t��� J.,✓� v r r I�1,/1 �/I,,r, ✓,i„ � I !r i% �, r! ,1111; I � r,,u'r y;, � i.. ' k ;;,,,,,.,,s, 1111, ,� I ,,,,a �.., ,r,,. '/ / /e,.: „� 1/111✓ r / / � m log uuuul II uuuu II II c I, I uuulmml I 111111 u I I A uililimuuu I ti411111 I' i I Ji I I I I .I V, r I , I N I Y. of , I %///////iii, u. 1 / r Ir rJ' J / / IIS46, r I N �% � � 51/3//s��,�����j/i //ice��,��;Vii" ;✓ / 9 )� /y' :/� � ' 'a i:.. I c // ,,, ifs III " III,; ' 11� i / 1 I 1 /f NORTH NTI§ Figure "-1 L AIW& -ty Map GREENSPANVicin! 5-05 Agenda Packet filieME-cT0 PARK 2 At oft .0 PARKING AND TRAFFIC MANAGEMENT STRATEGIES The following section contains descriptions of various parking and traffic management strategies that will be implemented at Metro Park. Each strategy is, discussed in detail. These strategies include both target parking controls and traffic reduction measures, which are intended to be used in concert to manage the use of the woonerf, 2.1 'Traffic Management Strategies 2.1.1 Woonerf Design and Construction As stated in Section 1.0. Metro Park will include the design and construction of a woonerf, which is a common space created to be shared by pedestrians, bicyclists, and low-speed vehicles. The woonerf would provide emergency access and vehicular access to the dedicated parking allotted for the two buildings fronting Metro Park on its southern edge while also promoting greater social use of the public space by park patrons ,, 11 astrians, and bicyclists. Woonerf design elemelo, that are ii orporated into the Metro Park design include: Visible entrant, and exit,Q n Or 'ma Street Removal of conti,,,.'' Use of physical barriers (F, curves street furniture,, landscaping) to define the wo,onerf (.'edge" aaa ........... .......... Phi, 11 al, gov �i MIN LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.3-19-3111 Millenia Metro Park I M/H11,mcn,o Parl",11,nd"In, Plan k�A 11 amd'ho Ffic Wn 2020-05-05 Agenda Packet, 4 Page 132 of 534 2.1.2 Traffic Calming Measures One key to designing a successful woonerf is to keep vehicle speeds low, which can be acbieved through the incorporation of various traffic calming measures. Traffic calming elements that are incorporated into the Metro Park design include: • Removal of continuous curbs • Addition of slight curves to break up the sightlines of a driver, while allowing fire truck access 0 removable bollards and/or ................. Placement of street trees, famiture at or near the woonerf edge • Activation of the park and adjacent commercial space to generate pedestrian traffic 2.1.3 Distribution of Event Information Information regarding scbe(I ' events that would close the woonerf and prohibit access to the parking should be distribl- A appi, )riately so as to reduce confusion regarding traffic circulation on the day of the event, ,c is expec ,Id that this would be performed by the Millenia Community Association and/or th, '.ity, dep, ..dinp who is sponsoring the event. 2.1.4 Controlled Access Controlling the access points allow' s for I' tl'..anagement of the parking and traffic within the woonerf. This can be achieved using removable t flards. It if, recommended that the primary entrances for the commercial buildings on the east md "'St pa, frontages should not be facing the park to discourage patrons of the buildings frontiiig the �,:, P.,' tnd wer 'Aides of the park to utilize the woonerf for vehicular access to those buildings. Seco�ndar C.Intra-r .:,S 01 "'Xits to those buildings on the park frontage is desirable to support the function of ac vati- _,J..' -park sdace. 2.1.5 Emergency Vehicle Accessibility The woonerf will also serve as a City-required emergency access dd. Therefore, its design cannot include obstacles for emergency responders. For this reasoin ,nd to avoid creating obstacles to pedestrian traffic, speed humps are not proposed as a traffic calming measure in the woonerf. 2.1.6 Designed Pick-UplDrop-Off Locations A pick-up/drop-off area will be established outside of the woonerf, on Optima Street, to reduce to the attractiveness of drop-off traffic and parking along the woonerf. The pick-up/drop-�off area can be easily managed through the use of signs indicating a time restriction (e.g., 3 or 5 minutes loading) and enforcement. Enforcement of these restrictions on the pub�lic street would be performed by the City of Chula Vista. 2.1.7 Geofencing for Ride-Shan'ngfflide-Hailing Services Lyft recently launched a pilot program that sets up a "geofence" to block p�ick up and drop-offs on sections of busy streets. This geofence feature can be instrumental in restricting ridehailing services along the woonerf or along Optima Street during events,. As, an example, The University of California LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.3-19-3111 Millenia Metro Park I M/H11,mcn'o Parl",11'nd"Iin' "J"_'C111clk Plan k�A 11 amd'ho Ffic Wn 2020-05-05 Agenda Packet, 5 Page 133 of 534 San. Diego (UCSD) is currently working with. ridehailing services to 010 OF establish a geofence within the campus. It is expected that that master developer commercial developer would coordinate to establish a permanent and/or event-specific geofence with ride-hailing services. 2.2 Parking Manage�me,nt Strategies 2.2.1 Time of Day Restrictions/Parking Space Allocations Since the parking within the park is intended to be solely for the use of the commercial tenants in,the buildings along the southerly park frontage,the time restrictions for the parking are expected to mirror the tenants hours of operation. As tenants will change over time, it will, be necessary for the Parking District Council to regularly conduct an assessment to determine whether time restrictions should be implemented to match tenant hours of operation. Outisde of tennant operations, the woonerf could be closed or the parking could be-r ide available to park patrons. Time of day restrictions will be managed through use of signs and en-F cei, -�nt and nightly placement(and removal) of bollards at the woonerf entrance by the Commur J Associ '-tons security patrols. 2.2.2 Other Parking Av ns It should be noted that the"i o' ''space ocated 'ithin. the woonerf are not the only spaces available to the commercial buildings frontiip-- _4ett Park _"hese buildings will also have access to spaces within dedicated lots being developed tor the c( cial buildings fronting the park on the east and the west and to on-street parking spaces within t' 1-1 Millenia Nlopment. Should a shared parking agreement be perfected with the school district f(,, the 'of F ijarking lot on the proposed school site, those spaces would also be available for use by'--,,-,e' tei. ­nV- )f the crrnmercial buildings on the south side of the park. 2.2.3 Utilization of Parking Area during Events There are expected to be regular community events (e.g., farmer's markets, food trucks, car shows)within Metro Park that would requi,-r the closure of the woonerf. The scheduling and frequency of t'� oe events would be determined by the Millenia Community As,so, ation in consultation with the future retail developer/owner. 2.2.4 Signage and Wayfinding Program As discussed in Section 4.3 of the Millenia PMP, one measure that can increase the parking facility efficiency is to provide a parking lot information about parking availability, regulations, and alternative locations. This will increase visitors' awareness of the available W, parking opportunities within and around Metro Park and allow them to make more informed decisions regarding parking. Parking wayfinding identifies and directs visitors to available parking. The Millenia project has an extensive wayfinding signage program which can be used along with more specific and targeted directional signage. LINSCOTT,LAW&GREENSPAN,engineers LLG Ref.3-19-3111 Millenia Metro Park I M/H11,mcn,o Parl",11,nd"In, Plan k�A 11 amd'ho Ffic Wn 2020-05-05 Agenda Packet, 6 Page 134 of 534