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:
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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
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archived on the City's website.
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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
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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
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CITY, OF
CHUIAVISTA
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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).
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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
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CITY, OF
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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.
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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
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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
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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
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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.
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Page iv Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project
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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
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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>>
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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).
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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
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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
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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.
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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.
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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.
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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,
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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*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
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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
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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
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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.
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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
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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
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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
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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
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,5COEDL AB8,docx
2020-05-05 Agenda Packet, Page 8,1 of 534
zmr,
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IN III til
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: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;
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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.
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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.
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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
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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
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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.
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�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,.
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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.
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�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
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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
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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
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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
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2020-05-05 Ag-da PuUt Page 120 d 534
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the park.The fire lane and turning radius will
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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
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Lighting Concept Page
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or eastbound on Optima Street and free of any sight obstructions such as
parked vehicles or landscaping.
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• Traffic Calming/Woonerf Design Park Hours
o Intelligent Parking System displaying available parking supply Smoking isprohibited ainplaygrounds
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o Removable Bollard
o Intelligent Parking System displaying"Closed"
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the Millenia parks.Above are examples of the anticipated signage design.
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Page e 7 of 9��� �i °i i i a°imi uu� �°�i E 1�N
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2020-05-05 Ag-da NI,Ut Page 126 of 534
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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
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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"
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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
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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