HomeMy WebLinkAbout2020-05-12 Agenda Packet JI,
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CITY O
CHULA VISTA
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Mary Casillas Salas, Mayor
John McCann, Councilmember- District 1 Gary Halbert, City IMlana er
Jill M. Galvez, Councilmember_ (District 2 glen IR. Goo ins, City Attorney
Stephen C. Padilla, Councilmember- District 3 Karry K. Bigelow, City Clerk
Milo Diaz, Councilmember- District 4
Tuesday, May 12, 2020 5100 PIU( Viiia Teleconference
76 4th Avenue, Building
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
PLEASE NOTE THAT, PURSUANT TO THEGOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER
111-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND
STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. 1111 ACCORDANCE WITH THE EXECUTIVE
ORDER, THE PUBLIC MAY VIEW THE MEETING ON TELEVISION ANDICSR ONLINEAND NOT IN THE COUNCIL_
CHAMBERS.
HOW TO 'VSA TCH: Members of the public can watch the meeting via livestream at
https.Ilchulavista.le i tar.com/Calendar.as , on AT&T U-verse channel 99(throughout the County), and on Cox Cable
channel 24(only in Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are
archived on the City's website.
HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at.
https.Ilchulavista.granl'cusideas.com/Meetings. The commenting period will be open shortly after the agenda is published
for a particular meeting and will remain open through the meeting, as described below. All comments will be available to
the public and the City Council using the eComment portal. Comments must be received prior to the time the Mayor calls
for the close of the commenting period. Comments received after such time will not be considered by the City Council. II
you have difficulty or are unable to submit a comment, please contact the Office of the City Clerk for assistance at
cityclerk@chulavistaca.gov or(619)691-504 1.
ACCESSIBILITY. Individuals with disabilities are invited to request modifications or accommodations in order to access
andlor participate in a City meeting by contacting the City Clerks Office at cityclerk@chulavistaca.gov or (619) 691-5041
(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the
meeting.
***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Cranicus,
Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we
have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a
publicly accessible experience."
City of Chula Vista Page 1 Printed an 51712020
City Council Agenda May 12,2020
CALL ITO oR E
ROLL CALL:
L:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas S la
PLEDGE of ALLEGIANCE TCS THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DA's''
A. 20-0190 PRESENTATION of A PROCLAMATION To CHIEF of
POLICE RO ANA KENNEDY PROCLAIMING FRIDAY, MAY
157 2020 As NATIONAL PEACE OFFICERS MEMORIAL. DAY
IN THE CITY OF CI HULA VISTA
B. 20-0183 PRESENTATION N O A PROCLAMATION TO DIRECTOR
OF PUBLIC WORKS IRAC SMA Q ILANTAN AND
DIRECTO OF' ENGINEERING AND CAPITAL PROJECTS
WILLIAM / LLE PROCLAIMING THE WEEK OF MAY 17
THROUGH MAY 23, 2020 As NATIONAL PUBLIC WORKS
WEEK INT C CITY OF CHULA VISTA
CONSENT CALENDAR (111tems 1 - 17
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
lit s.-Ilchula vista.gran cusideas.cem/meetings
1 120-0155 APPROVAL OF MINUTES of October 1 5, 2019.
Recommended Action: Council approve the minutes.
2 20-0193 ORDINANCE OF THE CITY OF CHUL.A VISTA REQUIRING
UIRINC
ALL BUSINESSES OPERATING WITHIN THE CITY TO
PREPARE AND POST CITY-APPROVED SOCIAL
DISTANCING AND SANITATION PROTOCOLS SECOND
READING AND ADOPTION)
Department Economic Development Department
Environmental Notice: The activity is not a "Project 31 as defined under section 1537$ 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 sectio 15061 Ch 1(3) of the California.
Environmental Quality Act state Guidelines.
Recommended Action: Council adopt the ordinance.
City of Chula Vista Page 2 Printed on 51712020
City council Agenda May 12,2020
3. 20-01 RESOLUTION OF THE CITY COUNCIL F THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY CRM= 002-C-2020 (EFFECTIVE MAY 81
2o20) of THE ULA VISTA DIRECTOR of EMERGENCY
SERVICES ESTABLISHING TERMS FOR A LIMITED
OPENING OF CITY PARKS AND TRAILS AND UPDATING
FACE COVERING REQUIREMENTS TO CONFORM FORM W TIS
COUNTY-WIDE STANDARDS
Department. city Attorney & city Manager
Environmental Notice: The activity is not a "Project" as defined under Vection 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
Mate Guidelines.
Recommended Action: council adopt the resolution.
. 20-0018 RESOLUTION of THE TTY" COUNCIL OF THE CITY of
CHULA '"SISTA APPROVING A NEW 3.2-ACRE BIKE SKILL.
PARK FACILITY IN THE OTAY VALLEY REGIONAL PARI,
RECREATION AREA 6
Department. Community Services Department
Environmental Notice. Mitigated Negative Declaration/ Initial ,Study (Otay valley Regional Park
- Bike Skulls Park Project) (SCH No. 20191090and Mitigation
Monitoring and Reporting Program have been prepared.
Recommended Action: Council adopt the resolution.
. 20-0051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2020/21 FUNDED BY SB 1 HE ROAD
REPAIR AND ACCOUNTABILITY ACT of 2017
Department.: Engineering Department
Environmental Notice. The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15801 Class 1 (Existing/
Facilities), Section 15302 class 2 (Replacement or Reconstruction), and
Section 15061(b)(8).
Recommended Action. Council adopt the (resolution.
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City Council Agenda May 12,2020
6. 120-0140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
THE MEDICAL DIRECTOR AGREEMENT BETWEEN THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA AND
THE CITY OF CHULA VISTA
Department: Fire Department
Environmental Notice: The activity is, not a "Project" as defined ulnder 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.
T. 120-0152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) APPROVING AN AMENDMENT TO THE
FISCAL YEAR 20191/20 HUD ANNUAL ACTION PLAN TO
RE-PROGRAM $11,036,425 OF HOME INVESTMENT
PARTNERSHIP ACT FUNDS; (2) APPROPRIATING HOME
INVESTMENT PARTNERSHIP ACT FUNDS IN THE
AMOUNT OF $1,035,425 TO A TENANT-BASED RENTAL
ASSISTANCE PROGRAM IN RESPONSE TO COVID-19; (3)
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE AN AGREEMENT BETWEEN THE, CITY OF
CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES
FOR THE MANAGEMENT AND IMPLEMENTATION OF A
TENANT-BASED RENTAL ASSISTANCE PROGRAM; AND
(4) AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND, ALL RELATED DOCUMENTS NECESSARY TO
OBTAIN THE HUD FUNDS (4/5 VOTE REQUIRED)
Department: Development Services 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.
Under NEPA, the activity qualifies for a Categorical Exclusion not subject to
§,58.5 pursuant to Title 24, Part 58.35(b)(1) of the Code of Federal
Regulations and pursuant to the U.S Department of Housing and Ulrban
Development.
Recommended Action: Coulncil adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
City of Chula Vista Page 4 Printed on 51712020
City Council Agenda May 12,2020
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.-Ilchula vista.granicusideas.com/meetings
81. 20-0195 PUBLIC COMMENTS RECEIVED for May 1 .2,1 2020
ACTION ITEMS
The Items) 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.-Ilchulavista.granicusideas.com/M,eetings
9. 619-0503 RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF
CHULA VISTA APPROVING T H E, 2020, ACTIVE
TRANSPORTATION PLAN
Department: Engineering Department
Environmental Notice: The activity qualifies for a Statutory Exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15262
(Feasibility and Planning Studies). 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 adopt the resolution.
10. 120-0166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATIONS FROM THE
LUCKY DUCK FOUNDATION AND THE STATE OF
CALIFORNIA TO FURTHER SUPPORT THE CITY'S
RESPONSE EFFORTSTO THE COVID-19 EMERGENCY
Department: Development Services 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 51712020
City Council Agenda May 12,2020
11. 120-0158 CONSIDERATION of AMENDING REQUIRE[ PLAN
DOCUMENTS TO ALLOCATE, AVAILABLE FUNDS FROM
THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT To RESPOND To THE COVID-1
EMERGENCY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA: 1) APPROVING AMENDMENTS
REQUIRED PLANNING DOCUMENTS To ALLOCATE
AVAILABLE FUNDING FROM THE, U.S. DEPARTMENT of
HOUSING AND URBAN DEVELOPMENT UND R THE
CARES ACT AND COMMUNITY DEVELOPMENT BLOCK
GRANT, HOME INVESTMENT PARTNERs`HIPs ACT, AND
EMERGENCY SOLUTIONS GRANT FUNDS To PREVENT,
PREPARE AND RESPOND TO THE IMPACTS OF
COVID-1 ; 2 AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE ANY AND ALL HUD
DOCUMENTS RELATED TO THE GRANTS; 3 AM ND,INO
THE FISCAL YEAR 20191/20 CIP PROGRAM BUDGET BY
ESTABLISHING NEW CIP PROJECTS, GGV0254 "PUIBLIC
FACILITY IMPROVEMENTS AND G,GV255 "FAIV C
BROADWAY SIDEWALK IMPROVEMENT PROJECT" AN
(4) APPROPRIATING FUNDS THEREFOR 4/5 VOTE
REQUIRED)
Department. Development services Department
Environmental Notice: This action is exempt from California Environmental Quality Act state
(CEQA) pursuant to CEQA Guidelines sections 15269(c) (Emergency
Projects) and 15,359 (Emergency). Notwithstanding the foregoing, the
proposed action also qualifies for a Categorical Exemption pursuant to
the California Environmental Quality Act state Guidelines section
15301 Class 1 (Existing Facilities , section 15303 class 3 (Neve
Construction or Conversion of small structures), section 15304 Class
4 (Minor Alterations to Land), and section 150161 b (3). Under NEPA,
the activity is exempt pursuant to Title 24, Part 3.34(a2 (3) of the
Code of Federal Regulations ,and pursuant to the U.S. Depalrtment of
Housing Urban Development Environmental Guidelines.
Recommended Action: Council adopt the (resolution.
City of Chula Vista Page 6 Printed an 51712020
City Council Agenda May 12,2020
12. 20-0139 CONSIDERATION BY THE CHULA VISTA CITY COUNCIL
OF VARIOUS ACTIONS APPROVING AND IMPLEMENTING
A PROGRAM FOR THE CHULA VISTA FIRE DEPARTMENT
TO PROVIDE EXCLUSIVE EMERGENCY AMBULANCE
TRANSPORT SERVICES WITHIN THE CITY OF CHULA
VISTA, THE CITY OF IMPERIAL BEACH AND THE BONITA
SUNNYSIDE FIRE PROTECTION DISTRICT
COMMENCING ON OR ABOUT APRIL 21, 2021
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A PROGRAM FOR THE
CHULA VISTA FIRE DEPARTMENT TO PROVIDE
EXCLUSIVE EMERGENCY AMBULANCE TRANSPORT
SERVICES WITHIN THE CITY OF CHULA VISTA, THE CITY
OF IMPERIAL BEACH AND THE BONITA SUNNYSIDE FIRE
PROTECTION DISTRICT COMMENCING ON OR ABOUT
APRIL 21, 2021, APPROVING TERMS FOR A THREE
PARTY AGREEMENT IMPLEMENTING SAME, AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE SUCH AGREEMENT IN A FINAL FORM
APPROVED BY THE CITY ATTORNEY
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING A PURCHASE
AGREEMENT WITH REPUBLICEVS FOR 13 AMBULANCES
THRU SOUTHWEST AMBULANCE SALES PER HGAC
CONTRACT AM10-18
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING A PURCHASE
AGREEMENT WITH STRYKER MEDICAL FOR GURNEY
SYSTEMS PER SAVVIK CONTRACT 2019-05
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING A SOLE SOURCE
PURCHASE AGREEMENT WITH ZOLL MEDICAL
CORPORATION FOR CARDIAC MONITORS AND
AUTOPULSE SYSTEMS
City of Chula Vista Page 7 Printed on 518/2020
City Council Agenda May 12,2020
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' C HULA VISTA AUTHORIZING, A SOLE, SOURCE
PURCHASE AGREEMENT WITH MOTOROLA SOL UT'IC NS
PER CITY OF CHU A VISTA RESOLUTION 2011-131 VIA
THE COUNTY OF BAN [DIEGO'S MOTOROLA ONTRACT
553982
F. RESOLUTION OF THE CITY COUNCIL OF THE CIT
F CHULA '"VISTA AMENDING 'THE COMPENSATION
SCHEDULE, AND CLASSIFICATION PLAN TO REFLEX
THE ADDITION AND DELETION OF VARIOUS POSITION
TITLES AND AMENDING THE AUTHORIZED POSITION
COUNT IN THE FIRE AND HUMAN RESOU RES
DEPARTMENTS WITH AN INCREASE IN AUTHORIZED
STAFFING
G. RESOLUTION F THE CITY COUNCIL IL F THE CITY
OF' C HULA VISTA APPROVING THE REVISED FISCAL.
YEAR AR 201 /20 COMPENSATION SCHEDULE EFFECTIVE
MAY 227 2020, JANUARY 1, 20217 AND DECEMBER 31,
2021,1 AS REQUIRED BY CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570
Department: Fire Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Gulide lines; therefore,
pursuant to State Guidelines Section 15060 c 3) no environmental
review is required.
Recommended Action: Council adopt the (resolutions.
CITY MANAGER'S REPORTS
I'TS
MAYOR'S REPORTS
COUN IL E ERS' COMMENTS
CITY ATTOf 1 N 'S REPORTS
City of Chula Vista Page 8 Printed an 51712020
City Council Agenda May 12,2020
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council meeting at the City Attorney's office in accordance with the
Ralph M. Brown Act(Government Code 54957.7).
13. 20-0145 CONFERENCE WITH LEGAL CCNU!NSEL--ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to Government
Code, Section 54956.9d)(2) [or](3):
[1] Case re Notice of Potential Liablility, Request for
Information, Request for Payment, and Request for
Performance of Work Associated with Releases and
Threatened Releases of Hazardous Substances at the San
Diego Bay National Wildlife Refuge Site in Chula Vista and
National City, California.
14. 120-0165 CONFERENCE WITH LEGAL COUNSEL REGARDING
EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(d)(1)
City of Chula Vista v. Monsanto Company, et al., United
States District Court, Case No. 18-CV-019,42-WQH-ACAS
ADJOURNMENT
to the regular City Council meeting on May 26, 2020at 5.-00 p.m., in the Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available for
public review at the City Clerk's Office, located in, City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
City of Chula Vista Page 9 Printed on 51712020
C® of Chula Vista
Meetinge Minutes -, Draft
Tuesday,October 151 2019 5:00 RM Council Chambers
276 4th Avenue, (Building A
Chula Vista, CA 91910
REGULAR MEETING CSF THE CITY COUNCIL
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda
items may be taken out of order during the meeting.
The agenda items at this meeting were considered in the order presented.
CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 pm. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Councilmember Diaz, Councilmember Galvez, Councilmember McCann and Delputy
Mayor Padilla
Excused: Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Assistant City Clerk
Turner
PLEDGE, OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember McCann led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 1191-0479 OATHS OF OFFICE
Isidro Barragan, Board of Ethics
Karla Chinn, Board of Ethics
Stephanie Teel, Board of Ethics
Carmen Torres, Board of Ethics
Alex Welling,1 Board of Ethics
City Clerk Bigelow administered the oaths of office to Commissioners Barragan, Chinn, Tee/, Torres, and
welling, and Councilmember Diaz presented them with,certificates of appointment.
City of Chula Vista Page 1
2020-05-12 Agenda Packet, Page 10 of 310
City Council Meeting Minutes-IDraft. October 15,2019
B. 19-0424 PRESENTATION OF THE SOUTH COUNTY ECONOMIC
DEVELOPMENT MEN COUNCIL- REGIONAL LEADERSHIP AWARD TO
DEPUTY CITY MANAGER KELLEY BACON BY ,SOUTH COUNTY EDC
PRESIDENT AND CHIEF EXECUTIVE. OFFICER CINDY
GOMPPER-GRAVES
President and Chief Executive Oifficer of the South County Economic Development Council
Gompper Graves introduced Chairman Penner and Founding Member McCune to present the Regional
Leadership Award, also known as, the Tony McCune Regional Leadership Award to Deputy City Manager
Bacon.
CONSENT CALENDAR items 1 - 4
1. 191-0489 APPROVAL O1= MINUTES of May 7 and 14, 2019.
Recommended Action: Council approve the minutes.
2. 191-0430 RESOLUTION NO. 2019-195 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR
THE "PARKBIDE SEWAGE PUMP STATION UPGRADE (SWR0293)1)
PROJECT TO BLUE PACIFIC ENGINEERING & CONSTRUCTION, IN
THE AMOUNT OF $1,350,270; AND APPROPRIATING $170,000FROM
THE AVAILABLE BALANCE OF THE SEWER FACILITY
REPLACEMENT FUND TO CIP SWR0293 (415 VOTE REQUIRED)
Recommended Action: Council adapt the resolution.
3. 191-0180 A. RESOLUTION NO 2019-190 OF THE, CITY COUNCIL OF THE CITY
OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE
FIELD ON TUESDAY,SDAY, MARCH 3, 20203 FOR THE FLECTION OF TWO
MEMBERS OF THE CITY COUNCIL, REPRESENTING, DISTRICTS
AN 4; CONSOLIDATING THE. ELECTION WITH THE STATEWIDE
ELECTION; AND, REQUESTING THE COUNTY O1= BAN DIEGO BOARD
OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO
PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE
ELECTION
B. RESOLUTION NO. 2019-197 O1= THE CITY COUNCIL O1= 'TL-I1= CITY
OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE.
ELEC'TORA'TE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY, MARCH 3, 2020
Recommended Action: Council adopt the resolutions.
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City Council Meeting Minutes-IDraft. October 15,2019
4. 119-0474 RESOLUTION NO. 2919-198 OF THE CITY COUNCIL OF THE CITY OF
CSF ULA VISTA AMENDING THE COMPENSATION N SCS FDULE AN
CLASSIFICATION PLAN TO REFLECT THE ADDITION CSF= A POSITION
TITLE AND AMENDING THE. AUTHORIZED POSITION COUNTS IN THE
DEVELOPMENT SERVICES DEPARTMENT WITH A NET INCREASE IN
AUTHORIZED STAFFING
Recommended Action: Council adapt the resolution.
Apiproval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Galvez, to approve staff s recommendations on the above Consent Calendar
Items, headings read,text waived.The motion carried by the following vote:
Yes: 4- Diaz, Galvez, McCann and Padilla
INo:
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Dr. B, representing Friends of Norman Park Senior Center, spoke in support of free parking for employees
at Norman Park Senior Center
Kay Bodge, representing Friends of Norman Park Senior Venter and on behalf of Lupe Valladolid;
expressed concern regarding the parking in the area of Norman Park Senior Venter and submitted written
documentation..
Lillie Hebert, representing lass Resistance, spoke in support of displaying the Prisoners of War flag, and
expressed concern regarding the Drag ween Story Time program
The fallowing members of the public spoke in opposition to the Drag Queen Story Time program:
-Andres Wong, representing bass Resistance
-Mary Mayer-Oakes
- Tony Villafranca, San Diego resident
-Julio Figueroa, Bonita resident
-Eli Komai, representing Mass Resistance
- Tony llendiola* San Diego resident
-Gabriel Espinosa, representing Knights of Columbus
John Serrano, Chula Vista resident, spoke in support of street repairs in the area of'Dennis,Avenue.
Reverend Billy Falling, Chula Vista resident, requested the adoption of a resolution ,proposed by Plass
Resistance in opposition to City facilities hosting Drag Queen Story Time programs.
William Steffy, submitted written documentation, and did not wish to speak.
Kay Bodge, representing Friends of Norman Park Senior Center, requested City assistance in replacing
the activity sign in front of the center.
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City Council Meeting Minutes-IDrarft. October 15,2019
Pat Bradley, Chula Vista resident, spoke in favor ®f Council supporting Norman Park ,senior Center
requests, and in opposition to the Drag Queen,story Time program.
PUBLIC LIC HEAD H S
5 18-0530 PUBLIC HEARING ING TO CONSIDER FORMATION OF THE CHULA VISTA
BAYFRONT PROJECT SPECIAL TAX FINANCING INE DISTRICT AN
ASSOCIATED ACTIONS
A. RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF CHULA
VISTA APPROVING AN AMENDED AND RESTATED REVENUE
SHARING AGREEMENT BY AND BETWEEN THE CITY OF C ULA
VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE
C HULA VISTA BAYFRONT RESORT HOTEL AND CONVENTION
CENTER AND RELATED INFRASTRUCTURE
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A JOINT COMMUNITY FACILIT ES AGREEMENT BY
AND BETWEEN THE CITY OF C HULA VISTA AND 'THE BAN DIEGO
UNIFIED PORT DISTRICT FOR THE CHULA VISTA BAYFRONT
SPECIAL TAX FINANCING DISTRICT
C. RESOLUTION OF THE CITY COUNCIL UNCOIL + F' THE CITY OF CHULA
VISTA FORMING AND ESTABLISHING THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT AND AUTHORIZING SUBMITTAL
OF THE LEVY OF SPECIAL TAX WITHIN THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT TO TIFF QUALIFIED D ELFC TORS
OF SUCH DISTRICT
D. RESOLUTION OF THE CITY COUNCIL O1= THE CITY OF C HUI.A
VISTA, ACTINO AS THE LEGISLATIVE BODY OF THE BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT, DEEMING IT
NECESSARY TO INCUR A BONDED INDEBTEDNESS OF SUCH
DISTRICT
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT, CALLING A SPECIAL
MAIL BALLOT ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF SUCH DISTRICT SEPARATE PROPOSITIONS TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, TO AUTHORIZE
SUCH DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED
BY THE LEVY OF SPECIAL TAXES THEREIN AND TO ESTABLISH A
APPROPRIATIONS LIMIT FOR SUCH DISTRICT
City of Chula Vista Page 4
2020-05-12 Agenda Packet gage 13 of 310
City Council Meeting Minutes-IDraft. October 15,2019
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Deputy Mayor Padilla opened the public hearing.
ACTION: A motion was made by Gouncilmember McGann, seconded by Councilmembeer
Diaz, to continue Item 5 to the meeting of November 5, 2019. The motion carried
by the fallowing vote:
Yes: 4- Diaz, Galvez, McCann and Padilla
INCA: 0
Abstain:
. 191-0370 ORDINANCE OF THE CITY OF CHULA 'VISTA AMENDING CHAPTER
. 0 CSF THE CHULA VISTA MUNICIPAL ODE (DEVELOPMENT
IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES) (FIRST
READING
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice..
Deputy Mayor Padilla opened the public hearing..
ACTION: A motion was made by Gouncilmember McGann, seconded by Gouncilmember
Galvez, to continue (Item 6 to the meeting of November 5, 2019. The motion
carried by the following vete:
Yes: 4- Diaz, Galvez, McCann and Padilla
INo:
Abstain: 0
CITY MANAGER'S REPORTS
City Manager Halbert spoke regarding Item b and the Port's request to continue the item.
There was consensus of the Council to direct the City Manager and the City Attorney to research financing
options including a potential ballot measure for an adjustment to the Transient Occupancy Tax in the
Bayfront area.
MAYOR'S REPORTS
There were none.
C UNCILM M ERS" COC M�MENITS
Deputy Mayor Padilla announced the Coastal Commission meeting being held in Council Chambers over
the next three days.
'ouncilmember McCann reported on the success of'the recent Police Officer Foundation fundraiser.
'ouncilmember Galvez reported on her attendance at the Police Officers Foundation fundraiser.
At the request of Councilmember Galvez, there was consensus of the Council to direct staff to study the
parking at Norman Park Senior Center and make recommendations.
City of Chula vista Page
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City Council Meeting Minutes-IDraft October 15,2019
At the request of Councilmember Galvez, there was consensus of the Council to direct staff to draft an
expedited pian for replacing the signage at Norman Park,senior Center.
At the request of Councilmember Galvez, there was consensus of the Council to direct staff to address
the issue on the street, as brought up by public speaker Jahn Serrano.
Engineering and Capital Projects Director Valle gave an update and explanation regarding City streets that
had been chip sealed.
CITY ATTORNEYS REIT S
There were none.
ADJOURNMENT
The meeting was adjourned at 6:11 p.m.
Minutes prepared by.- Tyshar L. Turner,Assistant City Clerk
Kerry K. E gelowy MMC:, City Clerk
City of Chula Vista Page 6
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May 12,,2020 File ID: 20-
20-0193
TITLE
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
RECOMMENDEDT
Council adopt the Ordinance.
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 hest 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.
REVIEWENVIRONMENTAL
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"P"roject"as defined under Section 15378 of the
state CEA Guidelines because it will not result in a physical change in the environment;therefore,pursuant
to Section 150601(c)(3) oft e State CEQA Guidelines,the activity is not subject to CF S. Notwithstanding the
foregoing, it has also been determined that the activity qualifies for an. Exemption pursuant to Section.
15061 3) of the California Environmental Quality Act State Guidelines.Thus,no environmental review is
required,.
BOARD/COMMISSIO,N/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In Chula Nista, there are multiple applicable "Emergency Orders" that govern business operations and
implement the current state-wide "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 Sans Diego effective Marc.29,2020, April 10,2O20 and April
2 ,2020 (the"County Orders"); and, (3) Chula Vista's local adoption of these orders pursuant to City Council
Ordinance leo. 3484-A (the "City Order"). The overall effect of these Orders is to only allow businesses
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2020-05-12 Agenda Packet, gage 16 of 310
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 § 8,7100, 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 Atta6ment 1 and 2
StaffContact: Kevin Pointer,,Senior Economic Development Specialist
Page 2
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S
ECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY O1 CF ULA NISTA REQUIRING
ALL BUSINESSES OPERATING WITHIN THE CITY TO
PREPARE AND POST CITY-APPROVED SOCIAL
DISTANCING AND SANITATION PROTOCOLS
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, 2020, 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
Board of Supervisors on.February 19, 2020; and
WHEREAS, on 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
multiple state agencies an departments,an help the State
prepare for a broader spread of COVID-
19;
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 COVID19 virus cases
nationwide
and within 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, 2020; and
WHEREAS,the Centers for Disease Control and.Prevention,the California Department of
Public Health, and the San 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 oft is 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
2020-05-12 Agenda Packet, gage 18 of 310
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
2020-05-12 Agenda Packet, Page 19 of 31 Q
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
2020-05-12 Agenda Packet, Page 20 of 31 Q
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
2020-05-12 Agenda Packet, Page 21 of 31 Q
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.
2020-05-12 Agenda Packet, Page 22 of 310
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.
2020-05-12 Agenda Packet, Page 23 of 31 Q
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.
2020-05-12 Agenda Packet, Page 24 of 31 Q
Rev: 5/5/2020
Business Owner/Representative Signature: Date:
Business Name and Location(s):
2020-05-12 Agenda Packet, Page 25 of 310
ITEM #3
THE ATTACHMENTS FOR THIS ITEM WILL BE
UPLOADED WHEN AVAILABLE
202005.12,ggcnA.i Packet Page 26 of 3 10
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May 5,2020 File ID: 0-0018
,TITS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CH LA NISTA APPROVING A NEW 3.2-ACRE BIM
SKILLS PARD FACILITY IN THE OTAY VALLEY REGIONAL PARK(OVRP), RECREATION AREA
RECOMMENDEDT
Council adopt the resolution.
SUMMARY
This report presents a draft plan for the otay Valley Regional Bike Skills Park Facility (Project) and seeks
approval of the Project.The proposed project would create a neve 3. -acre bike skills parr facility in the otay
Valley Regional Par (OVRP), Recreation Area 6. Recreation Area 6 is slated to become a Chula. Vista
neighborhood parr and a full parr masher plan will be developed in the future,as funding becomes available.
The proposed project would expand recreation resources in the OVRP. The County of San. Diego is the lead
agency for the proposed project,and is responsible for design., environmental review and construction. City
of Chula Vista owns the project site and will be responsible for operating and maintaining the bike skills park.
facility.
ENVIRONMENTAL REVIEW
The proposed project has been reviewed for compliance with the California Environmental Quality ,Act and
the County of San. Diego has conducted an. Initial Study (IS) for the otay Valley Regional Park. - Bilge Shills
Parr Project (SCH No. 20191.09026) in accordance with the California Environmental Quality Act (CEQA).
Based upon the results of the Initial Study, it:has been determined that the implementation of the `Project"
could result in significant effects on the environment. However, there will not be a significant effect in this
case because revisions in the Project have been made by or agreed to by the project proponent that would
avoid the effects or mitigate the effects to a point where clearly no significant effects would occur.A Mitigated
Negative Declaration (MND) and associated Mitigation, Monitoring and Reporting Program (MMRP) heave
been.prepared.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The members of the Parks and Recreation Commission were individually given the opportunity to review
the proposal and, of the S Commissioners who responded, each were supportive of the Project.
1 . 0 0 1 P � 1
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DISCUSSION
Otay Valley Regional Park(OVRP) is a multi-jurisdictional planning effort by the County of San Diego and the
cities of San Diego and Chula Vista. In 1990, the jurisdictions entered into a joint Exercise of Powers
Agreement for coordinated planning, acquisition, and design of the OVRP. The OVRP totals approximately
200 acres along the Otay River and offers a variety of recreational amenities including trails,picnic facilities,
and a ranger station., Phase I of the OVRP development has included acquisition of park land, feasibility
studies,and completing a Concept Plan for the OVRP.,The OVRP Concept Plan was most recently updated in
2016 and identifies potential localized active recreation sites,while protecting open space,wildlife,historic,
agricultural,and archeological resources.While park land has been purchased and is now open to the public,
the OVRP still generally lacks formal active recreation amenities identified in the Concept Plan. The OVRP
Bike Skills Park project will deliver a new active recreation amenity that allows visitors of all ages and
abilities to learn,practice,and improve their off-road biking skills.
The project site is located predominately in the northern portion of parcel APN 624-070-01-00 and partially
in the northeastern portion of'parcels APNs 631-013-35-C1 0 and 631-013-37-00 (please see Figure,1,Vicinity
Map). The proposed project site is bound to the north by existing residential development along the south
side of Rancho Drive,and vegetated land in the OVRP to the south,west,and east(with Interstate 805 located
further east).The site has a relatively flat topography,has been previously disturbed,contains an access road
used to maintain the existing San Diego Gas&Electric(SDG&E)transmission line,and is traversed by several
informal trails.
Public Outreach
County of San Diego Department of Parks and Recreation conducted extensive public outreach for the
Project.Outreach efforts included holding fourteen public meetings,beginning in July 2018,in order to obtain
public input,guide project design,and provide updates to the community.
Design workshop invitations were mailed out to stakeho,lders, interested parties, residents and business
within 5,001 of the proposed project site (see Figure 2, 500ft Buffer Outreach Map). In addition, an online
survey was made available during the outreach period for those that could not attend the in-person meetings.
Project materials were made available on the County of San Diego Department of Parks and Recreation's
website and social media accounts.Community members were excited about the Project and requested skill
building features suitable for beginner,to intermediate riders.
The required environmental review also included a public,review period which started October 11,2019 and
ended November 12, 2019.
Site Plan
Public input was,incorporated into the conceptual site plan for the Project,attached as Figure 3,Concept Site
Plan,and described below.'The project site would be accessed from an east entrance or a west entrance.The
east entrance would allow access to the site via Rancho Drive where there is currently a locked gate for OVRP
maintenance access.The west entrance would allow access via Rios Avenue to the west.The proposed project
would expand recreation resources in the OVRP and would be managed by the City of Chula Vista.As shown
in Figure 4, Overview of Skills Facilities, the Project is separated into various areas dedicated to different
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bike skills facilities, where the various areas include a Kids Park, Pump Track, Jump Park, Skills Trail, and
Access Trails and Roads.
TABLE 1
PROJECT COMPONENTS
Zone Linear Feet' Width(feet)' Grading Area (sq Total Area(sq ft)
ft)
Zone 1:Kids Park 250 4 1)500 3,500
Zone 2: Chill Zone - - 1,250 3,500
-Zone 3:jump Park 1,000 4 4)000 17Y000
Zone 4: Pump Track 1,000 6 6,000 20,000
Zone 5:Skills Trail 2,000 4 8)000 8,0002
Total 4,2501 - 20,750 10
Provided for zones with trail or track component
2Approximately based on grading area
Zone 1: Kids Park
The Kids Park would be located adjacent to the east entrance, where access is provided via Rancho Drive.
The Kids Park area would contain a riding track and several features designed for younger and/or beginner
riders, including small rollers, berm turns and ladder bridges. 'The track would be soil stabilized and
protected by a durable surface system (DSS) carpet to minimize dust, eliminate the need for pesticides,and
create a safe riding experience.The Kids Park would be approximately 3,500 square feet with trails totaling
250 linear feet with a 4-foot width.The Kids Park would require approximately 1,500 square feet of grading
to establish this area.,
Zone 2: Chill Zone
The Chill Zone area would be located south of the east entrance in the eastern portion of the project site.The
Chill Zone would be approximately 3,500 square feet and would require approximately 1,250 square feet of
grading.The Chill Zone would use an existing concrete viewing bench,providing a rest area with picnic tables
for visitors and users of the Project.
Zone 3: Jump Park
The Jump Park area would be located in the northeastern portion of' the project site and would be
approximately 17,000 square feet with trails totaling 1,0100 linear feet with a 4-foot width. The Jump Park
would be designed to use prefabricated metal framed wood surface jumps which would eliminate the need
to create jump facilities with imported soil material or grading of the existing soil. The Jump Park includes
one beginner and one intermediate jump line with a return trail. Each of the jump lines would have a series
of jump and rollers that increase in size through each run.The last jump in the intermediate jump line would
have a prefabricated kicker ramp and a dirt landing.The dirt landing would be stabilized and protected with
a safety landing pad and a D,SS carpet to create a safe jumping experience for riders. Between the jump
features the trail would be stabilized and protected with the DSS carpet to reduce dust and eliminate the
need for pesticides/invasive species control along the track. The Jump Park would require approximately
4,0010 square feet of grading to establish this area.
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2020-05-12 Agenda Packet, Page 29 of 31 Q
Zone 4: Pump Track
The Pump Track would be located in the middle of the project site and would be approximately 20,000 square
feet with trails totaling 1,000 linear feet with a 6-foot width. The Pump Track area features a modular
prefabricated pump track that can be reconfigured into different track layouts depending on user demand.
The modular pump track system minimizes maintenance need by providing a stabilized surface. The, entry
and exit areas to the pump track would be installed with D,S,S carpet to minimize tracking of dirt onto the
track.The,Pump Track would require approximately 6,000 square feet of grading to establish this area.
Zone 5: Skills Trail
The Skills Trail would contain 2,000 linear feet of trails with a 4-foot width.The Skills Trail would be designed
to provide, riders with optional features that range in difficulty from beginner to expert level. Each feature
would contain signage that designates the difficulty level and provides a unique riding challenge and
experience. The natural surface trails would be stabilized and maintained over time to minimize dust and
erosion, so that the trails provide the same level of service as when constructed. 'The Skills Trail would
require approximately 8,000 square feet of grading to establish this area.
Access Trails and Roads
In addition to providing various types of trails for bicyclists within the project site, the Project would also
improve the existing access road and network of trails that currently transect the project site. The Project
would narrow some of the access roads and trails. The access trails and roads were incorporated into the
conceptual site plan to maintain and improve,where feasible,community access to the project site.
Vehicular Access and Parking
Park users may access the new facility to the east from Rancho Drive or existing OVRP trails and from the
west from the Rios Staging Area or existing OVRP trails. The Project is designed to serve the surrounding
neighborhoods, which is reflected in the scale of the Project, and therefore is not anticipated to draw a
substantial number of park users from outside of the community.No new parking areas are proposed as part
of the Project,as on-street parking is available along Rancho Drive or via the existing Rios Staging area.'The
Rios Staging area includes ten parking spaces, including one that is compliant with requirements associated
with the Americans with Disabilities Act(ADA).
Construction
Construction of the Project is anticipated to occur over a six-month period,ending in Fall 2020.As shown on
Table 1, the total graded area of site is expected to be approximately 20,750 square feet, which includes all
trails, features and riding areas for the Project. Construction activities would consist of clearing, grubbing,
mass grading, rough grading, and fine grading operations. The equipment used would include, but not be
limited to, bulldozers, frontend loaders, dump trucks, skid steers, excavators, mini excavators, tillers, plate
compactors,jumping jack compactors,and various power tools/hand tools.The total restoration area of the
disturbed vegetated areas is anticipated to be approximately 5,000 square feet, which includes the
restoration and narrowing of one of the main access roads.
The Project was designed to minimize construction and maintenance costs and impacts. For example, the
project uses the existing access roads and trails, and requires minimal clearing, grubbing, and grading
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2020-05-12 Agenda Packet, Page 30 of 31 Q
activities to help minimize the overall construction footprint., The Project would also use products intended
to stabilize the dirt surfaces of the tracks, trails, and riding feature surfaces. The stabilization activities
include the application of pesticides to prevent weed or plant growth on the track, trail and riding feature
surfaces, and application of soil binding products to stabilize the structure of the soil. These stabilization
activities help reduce long-term maintenance,minimize air quality impacts,and minimize erosion and dust.
After construction of the tracks, trails, and riding features, the majority of the project features would be
protected though use of'the DSS in conjunction with the stabilization products., The DSS minimizes routine
maintenance, including the need for soil stabilization, vegetation management, and dust and wind erosion
control; eliminates the need for water and moisture conditioning of the riding tracks, trails, and riding
surfaces; and helps control stormwater runoff pollution.
Facility Management and Operations
The Project would be open year-round from sunrise to sunset, which is similar to the existing hours of
operation at the CIVRP. No new sources of lighting would be provided by the Project.
Maintenance and operations of the proposed facility would be managed by City of'Chula Vista. Maintenance
includes general trail maintenance and maintenance of dirt features on an as-needed basis. In addition,the
City of San Diego's Public Utilities Department may access the project site on an as-needed basis, with
coordination and approval of the City of Chula Vista,for maintenance of the sewer pipe that is located on the
northern boundary of the project site. Trash removal would also be provided as part of' operation and
maintenance of the project.
DECISION-MAKER CONFLICT"
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,0oO feet of the boundaries of the property which is the subject of this action.Consequently,this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code
§8,7100,etseq.).
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"'T"YEAR FISCAL IMPACT
All costs associated with the development of this Project are borne by the County of San Diego, resulting in
no net fiscal impact to the General Fund for this current year.
ONGOING FISCAL IMPACT
This bike skills facility will be developed by the County of San Diego Department of Parks and Recreation and
will be maintained by City of Chula Vista Parks Maintenance. It contributes to the Otay Valley Regional Park
obligation covered under the Joint Exercise of Powers Agreement requiring the underlying landowner to
maintain active recreation facilities and provide public access whenever the park is open. There will be no
capital cost to the City of Chula Vista for the development of this facility.
P
2020-05-12 Agenda Packet, Page 31 of 31 Q
Projected annual maintenance costs are identified in the Table 2.
TABLE2
ANNUAL,MAINTENANCE COSTS
CATEGORY PROJECTED EXPENSE
Trash Cleanup $7,000
Graffiti Abatement $3,000
Weed Abatement $1,500
Path Maintenance $2,500
Repair of quipment/Dl urable Surfaci
COUNCIL RESOLUTION NO.
RESOLUTION OF TME CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A NEW 3.2-ACRE BIKE
SKILLS PARK FACILITY IN THE OTAY VALLEY
REGIONAL PARK, RECREATION AREA 6
WHEREAS, Otay Valley Regional Park (OVRP) is a multi J uri sdictional planning effort
by the County of San Diego and the cities of San Diego and Chula Vista; and
WHEREAS, the OVRP Concept Plan was most recently updated in 2016 and identifies
potential localized activerecreation sites, while protecting open space, wildlife, historic,
agricultural, and archeological resources; and
WHEREAS, the OVRP still generally lacks formal active recreation amenities identified
in the Concept Plan; and
WHEREAS, the proposed project would create a new 3.2-acre bike skills park facility in
the Otay Valley Regional Park (OVRP), Recreation Area 6, that will deliver a new active
recreation amenity that allows visitors of all ages and abilities to learn,practice, and improve their
off-road biking skills; and
WHEREAS, Recreation Area 6 is slated to become a Chula Vista neighborhood park and
a full park master plan will be developed in the future, as funding becomes available; and
WHEREAS, the County of San Diego is the lead agency for the proposed project, and is
responsible for design, environmental review and construction; and
WHEREAS, the City of Chula Vista owns the project site and will be responsible for
operating and maintaining the bike skills park facility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista,that it hereby approves the plan for a new 3.2-acre bike skills park facility in the Otay Valley
Regional Park, Recreation Area 6.
Presented by: Approved as, to form by.-
Tracy Lamb Glen R. Googins
Director of Community Services City Attorney
2020-05-12 Agenda Packet, Page 33 of 31 Q
VICINITY MAP - Ot,ay Valley Regional Park Bike Skills Course ATTACHMENT A
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-0 -I genda Packet Page 35 of 3.10
PROJECT OWNER:
SAN DIEGO COUNTY PARKS
AND RECREATION
CONTACT.Chelsea Lander
TITLE:Park Project Manager
PHONE:(858)966-1341
if EMAIL:Chelsea.Jander
@sdcounty.ca.gov
ADDRESS:
5500 Overland Ave.#410
San Diego,
(0 N IE� J U��M P 1�,,"A IP;j't'K CA 92123
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CONTACT:MIKE PELTZ,ASLA
PITA 2010 CA
PHONE:858.481.0888 x1 17
EMAIL:mpeltz@mwpeltz.com
ADDRESS:
143 S Cedros
Avenue,Suite B104
Solana Beach
CA 92075
BIKE PARK DESIGNER:
HILRJi3e
HILRIDE PROGRESSION
DEVELOPMENT GROUP
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CONTACT Nat Lopes
PHONE:(510)798-3124
EMAIL:nat@hllrido.com
WEB www.hilride.com
747 Estancla Way
Sar Rafael,CA
94903
THE USE OF THESE PLANS
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WITHOUT PREJUDICE.
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POST AND RAIL FENCING
DESIGNER:
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DATE:
5/13/19
SHEET TITLE:
CONCEPT PLAN
SHEET NUMBER:
BP-00
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2020-05-12 Agenda Page 37 of 3 10
OTAY VALLEY BlIKE PARK
BIKE PARK RIDING AMENITIES
CONSTRUCTION SPECIFICATIONS
SECTION 1 - GENERAL PARK IMPROVEMENTS
1.1 GENERAL, PARK IMPROVEMENTS - TASKS AND QUALIFICATIONS
General park improvements including: 1.) site preparation, 2.) clearing and grubbing, 3.) mass
grading, 4.) product and material import and handling, 5.) installation of general park amenities:
fencing, signage, site furniture, etc. shall be performed by general contractor.
1.11 PROJECT ENGINEER: 1. The project engineer (engineer) shall provide construction
administration including: 1.) coordinating communication between the Bike Park Designer
(design�er), Contractor and Client, 2.) responding to requests for information and 3.) provid�ing
technical direction in the field. 2. engineer shall be responsible for providing the,final approval and
certification of completion for all work products. 3. Final engineer approval and certification of
completion for riding features, tracks and trails, shall require prior approval by designer.
1.2 BIKE PARK IMPROVEMENTS - TASKS AND QUALIFICATIONS
Bike park improvements including: 1.) rough grading of dirt riding features, trails and tracks, 2.)
fine grading of dirt riding features, trails and tracks, 3.,) installation of natural timber log rides, 4.)
installation of natural landscape rock rides, 5.) installation of prefabricated riding features, 6.)
application of soil stabilizer and herbicides and 7.) installation of artificial dirt system shall be
per-formed by a qualified specialty contractor.
1.21 BIKE PARK DESIGNER: 1. Bike park designer (designer) shall provide construction
ad�min�istration: 1.) coord�inating communication between the engi�neer, Contractor and Client, 2.)
responding to requests for inform�ation and 3.) providing technical direction in the field. 2. Bike
park designer shall be responsible for providing the approval for all compileted work products
including all riding features, tracks and trails.
1.22 RIKE PARK SPECIALTY CONTRACTORS: 1. Contractors bidding the bike park features as
described above shall have satisfactorily completed the installation of at least three (3) similar
bike park projects in accordance with the project plans and written specifications. 2. Qualifying
projects must include bike park specific terrain, features and elements of comparable size, type
and layout built within the last six(6)years. 3. Only bike park projects where the contractor bidding
the "specialty work" has performed all of the same work as described herein shall be considered
as acceptable projects to evidence credible experience and qualifications of the bidding
contractor. 4. The bike park specialty contractor shall provide references, for three (3) qualifying
projects including the location of qualifying projects, size, owner, budget, and owners contact
information. 5. Specialty contractor must be an active member of the professional trail builders
Association (PTBA).
1.3 APPLICABLE LAW
1. All work shall be done in accordance with applicable laws, regulations, statutes and ordinances.
2. All work shall be performed in accordance with local, state and/or federal building codes and
requirements. 3. All work shall be performed in accordance with local, state and/or federal codes
and regulations subsequent to the occupational health and safety act of 1970�. 3.). 4. Contractor
shall be responsible for traffic control and safety measures in accordance with local, state and
federal OSHA regulations. 5. Contractor shall immediately notify the engineer in writing any
discrepancies within the plans, specifications, codes or standards prior to commencement of
work. 6. Should the contractor fail to comply with applicable local, state and federal �laws,
regulations, statutes or ordinances they shall be responsible for all costs and construction
1
2020-05-12 Agenda Packet, Page 38 of 310
OTAY VALLEY BlIKE PARK
BIKE PARK RIDING AMENITIES
CONSTRUCTION SPECIFICATIONS
activities required for corrective work and/o�r fines for non-com pil iance.
1.4 EXISTING FACILITIES
1. It is not the intent of the plans to show the exact location of existing or relocated utilities, and
the Bike Park Designer and Engineer assume no responsibility thereof. 2. The Contractor is
advised that not all underground utilities are shown on the plan drawings and that only
approximately locations are given when shown on the plan drawings. 3. The Contractor shall be
responsible for verifying actual location and depth of existing utilities in the field. 4. Where
excavation is contemplated, the Contractor shall notify Underground Service Alert at (8010) 227-
2600 or 811, prior to such excavation.
1.5 REQUIRED INSPECTION POINTS
1. During the course of construction, approval of engineer and bike park designer shall be required
at each of the following points: 1.,) Clearing and grubbing layout/staking prior to clearing and
grubbing. 2.) Site mass grading layout/staking prior to mass grading of site. 3.) Layout/staking of
riding trails and features prior to construction/installation of riding features (start hills, jumps,
berms, rollers, prefabricated features, etc.). 4.)Approval of completed construction of each riding
feature prior to construction of' the next feature in the sequence. 5.) Approval of fine drainage
enhancements (dry sumps, s,wales, drainpipes,, etc.) Prior to construction of fine drainage
enhancements., 6.)Approval of pre-emergent and herbicides prior to application on finished riding
surfaces. 7'.)Approval of soil stabilizer prior to application on fin�ished riding surfaces. 8.)Approval
of extreme carpet system layout prior to installation. 9.) Layout of signage prior to installation of
signage. 10�.) Final acceptance. 2. In the event the contractor continues operations without
receiving the above approvals, the designer may require the Contractor to return al�l construction
status to the previous approval point. 3. There shall be no additional payment for any removal or
reconstruction required under this, section.
1-6 SUBMITTALS, SHOP DRAWINGS, PLANS AND SPECIFICATIONS
1. This section defines the submittals and shop drawings required for this project. 2. Should one
of these requirements be found elsewhere in the specifications or on the plans and not be listed
herein below, it shall still be the Contractor's responsibility to provide said submittals and shop
drawings. 3. The Contractor's superintendent shall retain a copy of approved submittals at the
work site at all times for the Engineer's use and review. 4. The submittals shall be kept in a binder
and cataloged for ease of reference. 5. In addition, pursuant to the Standard Specifications, the
contractor shall at all times have on the work site an approved and signed set of bid document
plans and specifications, issued revisions and authorized change orders available for the
Engineers use and review. 6. Failure on the contractor's partto comply with these requirements
will result in the suspension of work until conformance with �this section. 7. Unless stated
otherwise, it is intended that any specified material or equipment items shall be deemed to include
44
the term or approved equal
1.61 REQUIRED SUBMITTALS
1. The following submittals shall be, required: 1.) Construction schedule. 2.) Itemized wolrksheet
for all bid items. 3.) Construction phasing plan. 4.) Staging plan. 5.) Soils analysis. 6.) Imported
Products and Materials 7.) Prefabricated e,lements. 8.) Drainage materials. 9.) Park signage. 2.
Upon receipt of the "Notice to Proceed", the Contractor shall order all materials in order to insure
that all materials will be available and to insure that all materials will arrive at the job site within
the time limit for completion of the project. 3. A copy of all invoices shall be submitted to the
engineer and Bike Park Designer.
2
2020-05-12 Agenda Packet, Page 39 of 3 10
OTAY VALLEY BlIKE PARK
BIKE PARK RIDING AMENITIES
CONSTRUCTION SPECIFICATIONS
1.7 CONSTRUCTION SCHEDULE
1. Contractor shall be responsible for providing a construction schedule, prior to mobil�iz,ation on-
site. 2. The construction sched�ule shall include, a timeline with construction tasks and the
associated equipment, materials and staff that will be on-site during construction operations. 3.
The contractor shall be responsible for creating and maintaining a construction progress punch
list that shall be updated weekly with completed construction tasks through final completion of the
project. 4. Should the contractor at any polint during the project fail to provide a construction
schedule and/or maintain the progress punch list, access to the construction site will be shut down
and construction operations proh�ibited until the materials are provid�e�d�.
1.8 SEQUENTIAL CONSTRUCTION OF TRAILS AND RIDING, FEATURES
1. The contractor shall be responsible for building al�l trails, and features in the ordered sequence
as detailed in the plans. 21. Each feature shall be built to completion and certified as complete by
the engineer prior to construction of the next feature in the sequence. 3. Should the contractor
wish to build a trail and/or feature out-of-sequence they are required to gain the approval of the
designer before �proceeding�. 4. If the contractor fails to gain the approval of the designer they are
responsible for all costs associated with corrective work required for construction of the trails or
features to the design intent of the plans and the satisfaction of the designer in the field.
1.9 FIELD FIT DESIGN AND CONSTRUCTION
1. Contractor shall be respons,ible for building all trails and features and fitting them to the actual
conditions found in the field. 2,. Field fit changes might include the fo�llowing: 1.) Trail alignment:
field fit might require adjustments to the planned trail alig�nment in order to avoid an obstacle like
a tree or to route toward a natural feature or obstacle like a rock outcropping or other terrain
feature not accounted for in the plans. 2.) Feature spacing: field fit might require adjustments to
the spacing of a feature and/or the spacing of a sequence of features. 3.) Feature sequencing:
field fit might require modifying the sequence of a feature and/oir a sequence of features. Feature
location: field fit might require modifying the location or orientation of a feature to better work with
the existing and/or constructed landscape. 4.) Feature dimensions: field fit might require
modification of the dimensions of a feature in s,ize and scale including when actual field conditions
result in higher speeds than anticipated features may need to be increased in size and when
conditions result in slower speeds than anticipated features may need to be reduced in size. 5.)
Feature elimination: field fit might require the elimination of a feature or sequence of features. 3.
Field fit changes includes the range of modifications as described above to allow for the
streamlined construction of the project and to maximize the existing field conditions to create the
most dynamic riding tracks, trails and features possible. 4. Field fit changes that do not require
significant additional work and/or materials (sig�nificant defined as exceeding 5% of the total
required work for the task) shall be performed by the contractor at no additional cost. 5. Field Ifit
does not include significant (significant defined as exceeding 5% of the original work task)
changes that result in additional work and/or materials, equipment or labor or the associated costs
to, complete. 6. Contractor shall provide a cost estimate and time�line for work considered
it additional" that is requested by the designer. 7. Contractor shall gain approval for all additional
work prior to commencement of that work. 8. Contractor shall not be compensated for any work
not expressed approved by desig�ner prior to performance.
1.10 RIDE SMART FEATURES AND CONSTRUCTION TOOLS
1. Contractor shall be resp�ons,ible foir constructing the dirt riding features to the specifications
called out in the project plans. 2. Riding features that are labeled "Ride, Smart@" are designed to
3
2020-05-12 Agenda Packet, Page 40 of 3 10
OTAY VALLEY BIKE PARK
BIKE PARK RIDING AMENITIES
CONSTRUCTION SPECIFICATIONS
be compatible with Ride Smart@ tools. 3. Ride Smart tools are designed to aid in field layout and
fitting, rough and fine grading, certification of completed work products and compiliance with
maintenance and operational standards. 4. The Ride, Smart@ tools specified for the project are
required to be kept onsite during the construction of the project and readily aval�lable for use by
contractor's staff, client, engineer, a designer, s,ite inspector, supervisor, etc. 5. Final construction
certification will be provided when features have been constructed and are in conformance with
the Ride Smart@ specifications.
1.11 CERTIFICATION OF COMPLETED CONSTRUCTION
1. The contractor shal�l be responsible for bu�ilding all trails and features according to the desig�n
specifications of the project. 2. The contractor shall be responsible for gain�ing certification of
completion of constructed features when all construction tasks have been completed including;
1.) Rough gradin�g�, 2.) Riding feature installation,, 3.) Fine grading, 4.) herbicide and pre-emergent
application,, 5.)Soil stabil�iz,er applicatio�n�, 6.) Durable surface system installation. 3., Designer shall
inspect constructed features and provide contractor with a certification of completion for features
that pass inspection. 4. For features that do not pass inspection designer will provide contractor
with verbal instructions in the field an�d/or a written memo describing the issue and the required
corrective work. 5. Contractor shall perform corrective work and assume all associated costs until
the work is certified as completed.
1.12 PROTECTION AND MAINTENANCE OF COMPLETED RIDING FEATURES
1. The contractor shall be responsible for the security of the site, for controlling access to the site
and for the protection of completed work products until project hand off. 2. The contractor shall
be responsible for the routine maintenance of all completed construction work products including
all tracks, trails and features until project hand off. 3. Required maintenance might include 1.)
daily, weekly moisture conditioning of'earthen features to, prevent them from drying out, cracking
and creating fracturesy 2.) dewatering areas during high rain events, 3.) recompaction and
regrading of dirt surfaces, 4.) mechanical or chemical control of weeds and vegetation. 4.
Suggested preventative maintenance during these conditions might include covering features
with tarps to prevent access or to provide protection during heavy rain or snow conditions, etc. 5,.
Ifthe contractor fails to properly maintain the completed earthen features they are responsible for
all costs associated with corrective work required for re-construction of the trails,or features to,the
design intent of the plans and the satisfaction of the designer in the field.
SECTION 2 - LAYOUT OF IMPROVEMENTS
2.1 FIELD LAYOUT AND VERIFICATION
1. The contractor shall be responsible for confirming all existing ground elevations, finish grades,
trail and feature layouts in the field prior to the start of construction. 2. Contractor shall immediately
notify the eng�ineer, in writing, of any discrepancies discovered in the field that differ from the
dimensions and/or locations of any trails and/or features indicated in the plans, details or
specifications. 3. Contractor shall obtain written clarification and approval from the desig�ner for
any field changes required to the project layout or design prior to any construction activities. 4.
Should the contractor not notify the designer of any discrepancies and/or not obtain clarification
and/or approval from the designer before proceeding with construction of any trail or feature, they
shall be responsible for all costs of corrective work required to satisfy the intent of the design
plans and the direction of the desig�ner.
4
2020-05-12 Agenda Packet, Page 41 of 3 10
OTAY VALLEY BlIKE PARK
BIKE PARK RIDING AMENITIES
CONSTRUCTION SPECIFICATIONS
2.2 CONSTRUCTION STAKING
1. The Contractor shall be responsible for all survey work and shall be responsible for replacing
points lost or damaged during the course of construction. 2. The Contractor shall be responsible
for the accuracy of al�l layout work., 3. Equipment operators and workers are to be skilled in grading
operations and are to be supervised by a competent superintendent who is familiar with the nature
of the work, these provisions, and all permit conditions. 4. All grading, sub-grading, and finished
grading areas shal�l be controlled by such intermediate grade stakes and li�nes as may be
necessary to obtain the slopes and levels required by the finished grade elevations shown on the
plans. 5. All benchmarks, monuments and other reference points shall be carefully protected and
maintained at no increased cost and, if disturbed or destroyed, shall be replaced as d�irected by
the designer at Contractor's expense. 6. Exact locations, distances, dimensions, elevations, etc.
shall be governed by actual field conditions and verified by the Contractor,. 7. Staking shall be
reviewed and approved by designer prior to starting mass grading activities. 8. The location of
riding features Oumps, bermsy rollers, prefabricated featu�res,, etc.) as depicted in the design plans
shall be considered approximate and requiring field fit (e.g. heights, lengths, widths, spacing
between features) with oversight from the des,igner. 9. Staking shall be reviewed and approved
by designer prior to starting construction and fine grading activities. 110. The Contractor shall not
be eligible for additional compensation for field fit design changes other than those that cause a
significant change in quantities.
SECTION 3 - PRODUCTS AND MATERIALS
3.1 PRODUCTS AND MATERIALS
1. The Contractor shall be responsible for ordering, handling, importing, storing, and installing all
products and materials for the project including: fill materials, natural timbers and lumber for log
rides, landscape rock and boulders for rock rides, prefab riding features, pre-emergent/herbicides,
for soil treatment, soil stabilizer,, artificial dirt system required to construct the riding features,
tracks and trails. 2. The contractor shall be responsible for providing all material samples, and
gaining approval prior to ordering and/or delivery to the site. 3. The contractor shall be liable for
all costs related to the handling of materials that have not been pre-approved by designer.
3.2 FILL DIRT USED FOR DIRT RIDING FEATUR
3.21. GENERAL FILL DIRT SPECIFICATION: All bulk and top fill dirt required for mass, rough
and fine grading operations generated onsite and/or imported shall be approved by designer prior
to, delivery and shall be free of organic material, debris, clods, rocks, etc. and free of trash,
chemicals, paints, and any other toxic substances.
3.22. BULK FILL DIRT SPECIFICATION: Non-expansive solil mixtures suitable as bulk fill dirt for
mass and rough grading operations shall be sandy clay loam soil approaching 801% sand and
20% clay content as defined by the USDA Soil Classification Index with a maximum particle size
of less than 4 97 and a maximum 30PI as defined by the ASTM Plasticity Index.
3.23. TOP FILL DIRT SPECIFICATION,: Non-exp�ansive soil mixtures suitable as top fill dirt for
fine grading operations shall be sandy clay loam soil with approximately 80% sand and 20% clay
content as defined by the USDA Soil Classification Index, a maximum particle size of 1/4 5151 and a
medium plasticity between 15-30 PI as defined by the ASTM Plasticity Index.
3.24. FILL DIRT TESTING (SOIL TESTING): 1. All imported fill materials require, a complete soil
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CONSTRUCTION SPECIFICATIONS
analysis report, to, ensure that they are free of chemicals, paints, and any other toxic substances
and that they meet fill material specifications. 1.) 2-Soil Samples shall be collected from each
source location in a 1-�gallon zip lock bag from several locations and represent a composite of the
overall quality of the soil being tested. 2.) One sample shall be sent to a professional soil analysis
laboratory (per their ins,tructio�ns). Soil analysis and report available from Soil and Plant
Laboratory, Inc., 352 Mathew Street, Santa Clara, CA 915050, (408) 727-0330 or approved equal.
3.)And one sample shall be provided to the designer for testing. 4.)All samples must be approved
by designer prior to delivery.
3.25. F'ILL DIRT IMPORT: 1. All material imported onsite shall be required to be accompanied
with documentation recording the: 1.) Date, year, month, day, 2.)the time of delivery, 3.)the name
and address of the source location and 4.) the volume and quantity of material delivered
calcu�lated in both tons and cubic yards. 2. Any del�iveries of materials lacking documentation will
be rejected and turned away from the site, until documentation is provided. 3. Any materials
imported onsite without prior approval will be rejected. All costs associated with rejected deliveries
and or cleanup and export of delivered materials, shall be the responsibility of the contractor,.
3.26. FILL DIRT QUANTITY: 1. No guarantee is made or implied that the fill material requirements
will not be reduced or increased. 2. Contractor is responsible for verifying import fill quantities,for
all grading and fill operations related to construction of the park. 3. Contractor shall provide cut
and fill calculations prior to import or export of soil and grading. 4. Grading calculations should be
reviewed and approved by Designer prior to import. 5. Should contractor become aware at any
point during the project of the need for the additional fill material they shall immediately inform the
designer and provide quantity and cost estimates,for the additional material required.
3.27. FILL DIRT COMPACTION: 1. Moisture Conditioning On-site fill, backfill, and scarified
subgrades, shall be moisture conditioned to within 3% of the optimum moisture content. 2.
Compacted Lifts: Properly moisture conditioned and cured on-site fill dirt shall be placed in loose
horizontal lifts of 6 inches thick or less. 3. Relative Compaction: Fill dirt shall be uniformly
compacted to at least 90% relative compaction. 4. Testing and Approval: All features will be
inspected and tested for compaction prior to final approval and certification of completion.
3.28. ADDITIONAL FILL�DIRT: 1. Should contractor become aware at any point during the project
of the need for the additional fill material they will immediately inform the engineer and provide
quantity and cost estimates for the additional material required. 2. Additionally contractor shall
propose either the importation and/or generation of fill material onsite. 3. All imported fill material
shall be tested by the designer prior to delivery to the site.
3.29. RIDE SMART DIRT FEATURES AND TOOLS:
1. Ride Smart Dirt Features are desig�ned to be compatible with Ride Smart Tools. 2. RIDE Smart
Dirt Features shall be graded and compacted to conform within 1" (+/-)of the specified Ride Smart
Tool template. 3. Ride, Smart Features will be certified as completed when they conform to the
Ride Smart Specifications and are verified and approved by designer in the field.
3.3, NATURAL TIMBERS (USED FOR LOG, RIDE FEATU
3.31 ORDERING NATURAL TIMBERS FOR ROCK RIDE FEATURES: 1. Natural timbers used
to construct log ride features shall be hard wood logs free of rot and decay and harvested and
dried for at least 1-season prior to use. 2. Photos of the natural timbers and a memo describing
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CONSTRUCTION SPECIFICATIONS
the materials shall be sent to the designer for approval. 3. All materials shall be approved by
designer prior to ordering or delivery to the site.
3.32 INSTALLING NATURAL, TIMBER LOG RIDE FEATURES.: 1. Natural timbers shall be cut to
length, cleared of branches and debarked prior to installation to prevent premature rot and decay.
2. Timbers shall be located in the field, oriented and positioned to provide the most ideal riding
configuration. 3. Timbers shall be set on pads of compacted fill d�irt and/or set in to scarifie,d
subgrade configured to embed the timber in position and provide structural support. 4. Timbers
shall be set and secured in p�lace with 1/4" dia. rebar anchor pins to be drilled through the timber
and driven at least 2' into the existing ground and/or compacted subg�rade. 5. Once secured in
position the entry and exit ramps should be cut level to, the ground to provide smooth transitions
onto and off of the log ride. 6. With the entry and exit ramps have cut the tread surface should cut
to match the specified tread width. 7. The entire tread surface shou�ld then be scored with cross
cuts the full to provide positive traction for riders. 8. Cross cut scoring at a maximum depth of Y2 1)
should be out sloped cut to promote positive drainage from the feature in order to prevent rot and
decay. 9. With the entry, exit and treadway created complete fine grading of the in-run and run
out, 'to and from the feature. 10. Clear al�l vegetation and obstructions from in-run, run out and fall
,zones on either side of the log ride. 11. Whenever possible clear the path parallel to the log to
eliminate 99 wheel traps" that can impede rider movement.
3.33 INSPECTION, TESTING AND APPROVAL OF LOG RIDE FEATURES: 1. Completed log
ride features shall be inspected by designer and tested to ensure all elements are properly
secured in place. 2. Upon passing inspection designer will provide approval and certification of
the completed feature.
3.34 NATURAL TIMBER LOG RIDE FEATURES LIST: See attached spreadsheet.
3.4 LANDSCAPE ROCK (USED FOR ROCK RIDE FEATURES1
3.41 ORDERING LANDSCAPE ROCK FOR ROCK RIDE FEATURES: 1. Landscape rock and
field stones used to construct rock ride features shall be selected to provide a range of common
sizes with each rock providing at least one significant flat surface suitable for configuration as a
riding feature. 2. Landscape rock dimensions and quantities required to construct each feature
will be provided in the riding features list. 3. Contractor shall provide photos,of the landscape rock
and submit to, designer for final approval prior to ordering or delivery to site.
3.42 INSTALLING ROCK RIDE FEATURES: 1. Rock features shall be located in the field and
excavated to allow for installation. 2. All rocks shall be embedded at least 1/3 into the ground then
backfilled filled and compacted to secure in position. 3. When all rocks for the feature have been
configured and installed compact all infilled areas to 90% compaction and complete the fine
grading of the run in and run out trail sections for the feature.
3.43 INSPECTION TESTING AND APPROVAL OF ROCK RIDE FEATURES: 1.When all grading
and installation has been completed designer will provide inspection, and testing of the feature to
ensure that all elements have, been properly constructed and are secured in position. 2. Upon
passing inspection, the designer shall provide approval and certification of feature completion.
3.44 ROCK RIDE FEATURES LIST: See attached spreadsheet.
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3.5 PRE-FABRICATED RIDING FEATURES
3.51 MANUFACTURER OF' PREFABRICAT'ED RIDING FEATURES: 1. Manufacturer Shall be
Progressive Bike Ramps (PBR) or approved equal. 2. PBR and/or approved equal companies
providing pre-fabricated riding features must meet the following requirements: 1.) Product liability,:
must have at least $10 million of product liability insurance in effect and provide a certificate of
insurance., This requirement is standard for prefabricated equipment used in municipal
applications and is necessary for proper liability protection,. 2.)Warranty: 10 year limited warranty.
3.) Experience: must have at least 10 years of experience in steel manufacturing and ramp
bu�ilding. L,ist at least three references that have a steel-framed ramp system., 4,.,) Installation: must
have the availabil�ity to perform instal�lation. 6.) Fastener Free, Riding Surface: Riding surface must
NOT have screw or bolt heads present. T.) Transition Plate: All ladder bridge and skinny sections
will have a transition plate from dirt to riding surface. Must be 7-gauge steel with a vertical su�piport
in the middle. 8.) Steel Frame: F'ram�ing of the equipment must be steel. 9.) American Made:
Product must be made in the USA, and company must be a registered American Company,. 10.)
Installation Options: Must offer the option of a full factory install or for the contractor to easily
install equipment themselves. Must present the option of provid�ing a factory supervisor to oversee
self-install either for initial installation or for future add-on considerations. 11.) Colors: Must offer
custom colors. �12.) Modular: Equipment must be able to easily bolt together on all sides with the
ability to expand widths and lengths by bo�lting in additional sections. 13.) Equ�ipment Selection.:
Must have the option to have ramps, any height, width, and unlimited ramp selection�. 14.)
Hardware (connections metal to metal): Must be stainless steel tamper resistant bolts and nuts
with nylon inserts. No self-tapping or "factory press fit"' nuts will be allowed. 15.) Hardware
(connection metal to wood): 1/4" by 1/4" galvanized hex, lag screw.
3.52 ORDERING PREFABRICATED RIDING FEATURES: 1. The Bike Park features list includes:
1.) Feature Name: 2.) Dimensions: a. Dimensions, of height, width, length and radius are in feet
unless otherwise noted. �b. Dimensions of each feature shown on the design plans reflect
measurements of the products to be supplied by P�BR or approved equal. 3.), Material:As specified
in typical details. 4.) Finish: Shall be Powder Coat with Diamond Vogel colors.
3.53 INSTALLATION OPTIONS FOR PREFABRICATED RIDING FEATURES: 1. Contractor
shall be responsible for the installation of pre-f'abricated features per specifications supp�lied by
PBR (or approved equal) 2. Contractor shall have the option of hiring a PBR install manager to
oversee the installation of prefabricated features by contractor staff'. 3. Contractor shall have the
option of hiring P&R install team to, install prefabricated features. 4. Contractor shall be
responsible for: 1.) coordinating the preparation of the areas where features are to be installed,
2.) for coordinating the installation ofthe features and 3.) the rough and fine grading operations
required to complete feature installation.
3.54 INSTALLATION OF PREFABRICATED, RIDING FEATURES: 1. Prefabricated riding
features shall be located in the field, oriented and positioned to provide the, most ideal riding
configuration. 2. Contractor shall gain approval of the final configuration of the feature prior to,final
installation. 3. Once the final configuration has been approved, final installation including using
supplied landscape screws to secure the features in position and anchor them to the existing
and/or compacted subgrade shall be completed. 4. When the feature has been fully installed
smooth all disturbed areas and compact loose fill dirt then completed fine grading of feature in
run and run out.
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3.54 INSPECTION, TESTING AND APPROVAL OF PREFABRICATED RIDING FEATURES: 1.
When all grading and installation has been completed designer will provide inspection, and testing
of the feature to ensure that all elements have been properly constructed and are secured in
position. 2.Testing could include spot checking bolts,fasteners and m�oiu�nting hardware to ensure
proper coinnections, etc. 3. Upon pas,s,ing inspection,, designer will provide approval and
certification of feature completion.
3.55 PREFABRICATED RIDING FEATURES LIST: See attached spreadsheet.
3.6 HERBICIDE AND HERBICIDE PRE-E,ME,RGENTS
3.61 ORDERING HERBICIDES AND, PRE-EMERGENTS: 1. All of the dirt riding surfaces of the
tracks, trails and features as, specified shall be treated with a combination of herbicide and pre-
emergent chemical to stabilize fill dirt by killing ambient weeds and vegetation in and around the
graded areas and preventing the germination regrowth of new weeds and vegetation. 2. The
herbicide product named "Round Up" and/or an alternative herbicide product more suitable for
local application shall be recommended by the contractor and approved by the designer. 3,. The
pre-emergent herbicide product named "Barricade"' and/or an alternative more suitable for local
application shall be recommended by the contractor and approved by the designer.
3.62 APPLYING HERBICIDES AND PRE-E,MERGENTS: 1. All herbicide and pre-emergent
chemicals shall be appilied by contractor pier the manufacturer's specifications and in accordance
with safe use practices for the handling, storage and application and disposal of chemical
products., 2. Areas to be treated include all dirt riding surfaces that are intended to be kept cleared
of vegetation. 3. Areas not to be treated include any areas not intended to be kept clear of
vegetation as riding surface including the backs and sides of dirt features where vegetation will
help stabilize the soil and prevent erosion.
3.63 DOCUMENTATION OF HERBICIDE APPLICATION: 1. Contractor shall provide a written
memo with photographs documenting application of the herbicide chemicals including; 1.) the
extent of treated areas, 2.) the date and time of the application and 3.) the quantity of chemicals
applied.
3.62 HERBICIDE RRE-EMERGENT LIST: See attached spreadsheet.
3.7 SOIL STABILIZER
3.71 ORDERING SOIL STABILIZER
1. All of the dirt riding surfaces of the tracks, trails and features as specified shall be treated with
a soil stabilizer to stabilize dirt and minimize erosion. 2. Stabilizer shall be applied on all primary
riding surfaces and over-applied to stabilize and encapsulate the critical edges of features. 3. The
stabilizer product name "SoilTac" and/or an alternative product more suitable for local application
shall be recommended by contractor and approved by project designer.
3.72 APPLYING, SOIL STABILIZER: 1. Soil stabilizer chemicals shall be applied by contractor per
the manufacturer"s specifications and in accordance with safe, use practices for the handling,
storage, application and disposal of chemical products. 2. Soil stabilizer shall be applied to all
finish dirt riding features, tracks and trails to stabilize the fill dirt and minimize mechanical erosion.
4. Prior to application of soil stabilizer treatment areas shall be moisture conditioned to promote
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CONSTRUCTION SPECIFICATIONS
penetration of the stabilizer. 4. Stabilizer shall be applied as a slurry top coat in three applications
to ensure full penetration and coverage of the treatment areas.
3.73 DOCUMENTATION OF STABILIZER APPLICATION: 1. Contractor shall provide a written
memo with photographs documenting application of the soil stabilizer chemicals including 1.) the
extent of the treated areas 2.)the date and time of the application and 3.)the quantity of chemicals
applied.
3.74 SOIL STABILIZER LIST: See attached spreadsheet.
3.8 ARTIFICIAL DIRT
3.81 ORDERING ARTIFICIAL DIRT: 1. All of the dirt rid�ing surfaces as specified shall be
protected with artificial dirt as, defined by the following specifications: 1.) Product Manufacturer:
Astro�Turf 2.) Product Name: Poligrass 3.) Material: Polyethelene PE Fibers 4.), Construction:
Tufted 5.) Weight: NA 6.) Color: Brown or Terra Cotta 7.) Warranty: 8-Years, (Typ�ical Use). 2.
Alternative products more suitable for the local appilication shall be recommended by the
contractor and approved by the designer. 3. Samples to be provided to designer for testing and
approval prior to ordering or delivery to site.
3.82 INSTALLATION OF ARTIFICIAL DI�RT': 1. Install artificial dirt to protect completed dirt riding
surfaces, tracks, trails and features that have been fine graded, compacted and stabilized as
specified from mechanical erosion caused by rain, wind and rider dynamics. 2,. Fasten artificial
dirt carpet to the takeoff ramp using the carpet bracket as specified in the plans. 3. Roll out and
position artificial dirt carpet on the jump landing covering the jump platform, transition and run out
through to the in run and jump takeoff ramp, of the next feature to provide end to end protection
of the underlying dirt surfaces. 4. Use carpet through brackets and landscape screws to anchor
carpet in position as specified. 5. Anchor carpet in position under Jump takeoff ramp plate as
specified. 6. With anchored carpet secured in pos,ition spread ballast sand as specified to further
secure in position and to further conform carpet to underlying dirt surfaces. 7. In highest use areas
carpet nails shall be installed as specified to secure the artificial dirt carpet matrix in position.
3.83 INSPECTION, TESTING AND APPROVAL OF ARTIFICIAL DIRT SURFACES: 1. When
the installation of the artificial dirt system has been completed des,igner shall provide an inspection
and test to ensure that all elements have been properly installed. 2. Inspection and testing might
include riding of completed work products to ensure proper performance under actual use
conditions. 3. If the system has been installed properly approval and certification of completion
shall be provided by the designer.
3.84 ARTIFICIAL DIRT LIST: See attached spreadsheet.
PART 4 - EXECUTION
4.1 GENERAL
4.11 GRADING: 1. Exact locations, distances, dimensions, elevations, etc. shall be governed by
actual field conditions and verified by the contractor. 2. Excavated material shall become the
property of the contractor. Subject to the approval of the Bike Park Designer and Engineer,
suitable excavated material may be used as backfill where necessary. 3. The contractor shall
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CONSTRUCTION SPECIFICATIONS
notify the Bike Park Designer (or Engineer) immediately after identifying a grade conflict. The
contractor shall not be eligible for additional compensation for minor design changes, other than
those that cause a significant change in quantities. 4. In the event of a grade conflict, the
contractor shall pursue other work, which is not affected by the conflict. 5. If such alternative,work
is available, the contractor shall not be eligible for additional compensation due to the grade
conflict.
4.12 MEASUREMENT: 1. Measurement for excavation shall be measured by the cubic yard
(unless otherwise noted) based on quantities determined from the limits shown on the plans.
4.12 STOCKPILING OF' MATERIALS: 1. The Contractor shall stockpile excavated materials
acceptable for �backfill and fill soil materials, including acceptable borrow materials. 2. The
Contractor shall stockpile suitable soil materials separate from topsoil and unsuitable material
stockpiles without intermixing. 3. Contractor shall place, grade,, and shape stockpiles to drain
surface water and away from the edge of excavations and outside of the drip line of trees or
immediately next to property lines.
4.13 DEMOBILIZATION: 1. The designer shall approve finish grades prior to, removal of earth
moving equipment from project site and prior to, planting operations.
4.2 CONSTRUCTION METHODS
4.21 SITE CLEARING AND GRUBBING: 1. Site Clearing to be performed by General Contractor.
2. Prior to grading, the site shall be cleared of al�l obstructions and deleterious materials. 3. Debris
and materials arising from clearing and removal operation shall be properly disposed of off- site.
4. Surface vegetation in the location of the riding zones shall be stripped and removed. 5. Soil
material containing more than 2% organic matter by weig�ht shall be cons,idered organic. 6.
Contractor shall plan to strip to a depth of 2 inches, actual stripping depths may be less. 7. Native
solil shall be cleared and grubbed of native vegetation prior to placing fill dirt on native materials.
4.22 MASS GRADING: 1. Prior to the placement of riding features (jumps, berms, etc.) and/or fill
material, the soil shall be scarified to a minimum depth of six (6) inches,, moisture- conditioned,
and re-colmpacted to a minimum 90% relative compaction based on ASTM Dill 557-00 Test
Procedure to achieve optimal uniform compaction. 2. In areas,where there is existing topography
and natural hill slope, features shall be excavated out of cleared and grubbed native soil and
moisture-conditio�ned and compacted in place to the relative compaction mentioned above. 3. No
abrupt changes in slope or contour will be accepted. Contractor shall take special care to feather
or taper graded areas to match grade at the edge of existing landscape. 4. When the Contractor
indicates that site grading is complete, and conforming to the plans, City Surveyors may verify the,
grades. 5. Any discrepancies with the grading plan must be corrected by the Contractor. Mass
grading shall be performed by general contractor.
4.23 ROUGH GRADING: 1. Prior to rough grading and the placement of any fill dirt to construct
dirt riding features, the Contractor shall layout (stake, chalk, flag, etc.) the location of each bike
park feature in the order and sequence to be built as shown on the plans. 2. Layout of riding
features shall be approved by the designer. 3. After approval of the layout, riding features shall
be constructed or installed in the sequence as shown on the plans. 4. Rough grading shall be
performed by specialty contractor. 5. The Contractor shall be responsible for verifying the actual
location, and type of riding feature and gaining approval from the designer prior to construction.
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CONSTRUCTION SPECIFICATIONS
6. Bulk Fill Dirt used for rough grading of dirt riding features shall be moisture conditioned and
backfilled in 6" lifts to 90% compaction. 5. Contractor shall rough grade dirt riding features to
roughly 80% of the desig�ned dimensions of the feature so that they can be tested to confirm actual
field conditions and to determine final field fit dimensions by designer.
4.24 FINE GRADING: 1. Fine grading of field fit dirt riding features, shall be performed by a
specialty contractor with the finish grades as the completed work product., 2,. Contractor shall fine
grade riding features with moisture conditioned top fill dirt compacted in 6" lifts to 90% compaction.
3. Compaction of all finished surfaces, shall be to 90% compaction. 4. Finished grades of
RideSm�art riding features shal�l be verified using Rid�eSmart Construction Tools as specified.
4.25 HERBICIDE AND HERBICIDE PRE-EMERGENT TREATMENT: 1. Herbicides to be applied
per man�ufacturer)s specifications and per specifications outlined in the Materials Section of this,
document.
4.26 SOIL STABILIZER TREATMENT: 1. Soil stabilizer to be applied per manufacturer's
specifications and per specifications outlined in the Materials Section of this document.
4.27 INSTALLATION OF ARTIFICIAL DIRT SYSTEM: 1. Artificial dirt system to be installed per
manufacturer's specifications, and per specifications outlined in the Materials Section of this
document.
12
2020-05-12 Agenda Packet, Page 49 of 3 10
ATTACHMENT B
(IlvuutJ2� of 'an" , PW80
Brian Albright Department of Parks and Recreation
DIRECTOR 5500 OVERLAND AVENUE,SUITE 410,SAN DIEGO,CA 92123
PHONE(858)966-11301
r0a-fe%har 21'11-9, anuary 2020
%ff%r%%WffkI
CEQA Initial Study— Environmental Checklist Form
(Based on the State CEQA Guidelines, Appendix G)
1. Project Title: Otay Valley Regional Park-Bike Skills Park
Proj ect
2. Lead Agency Name and Address: County of San Diego
Department of Parks and Recreation
5500 Overland Avenue, Suite 4101
San Diego, CA 92123
3. Contact Person and Phone Number: Kiran Kaur
Land Use/Environmental Planner
858-966-1378
4. Project Location-. The project site is located in the OItay Valley
Regional Park in the City of San Diego, County
of San Diego California. The project site is
located on a portion of three loIts: the north end
of APN 624-070-01-,00, and-the northeast
portion of APNs,631-013-35-00 and 631-013-
37-00.
5. Project Sponsor's Name and Address: County of San Diego
Department of Parks and Recreation
5500 Overland Avenue, Suite 4101
San Diego, CA 92123
6. General Plan Designation(s): Otay Mesa-Nestor Community Plan
Low Density/Open Space
7. Zoning: AR-I-I(Agri CUltural-Residential)/
017-1-1(Open Space-Floodp I ain)
8. Description of Project:
The proposed project would create a new 3.2-acre bike skills park facility in the Otay Valley
Regional Park(OVRP), Recreation Area 6, in south San Diego County. Figure I shows the
regional location of the project site. The OVRP is the result of a multi-jurisdictional planning
effort by the County of San Diego, the City of San Diego, and the City of Chula Vista. In
1990,the three jurisdictions entered in a Joint Exercise of Power Agreement to coordinate
planning, acquisition, and design of the OVRP. The OVRP was created to provide
opportunities for hiking,biking, and horse trails,while also protecting open space,wildlife,
Otay Valley Regional Park-Bilke Ski�lls Park Project ESA 1 D 170240.09
Final Initial Study/Mitigated Negative Declaration November 2-919Januairy 2020
2020-05-12 Agenda Packet, Page 50 of 3 10
Environmental Checklist
agricultural, and cultural resources. The County of San Diego is the lead agency for the
prop�osed project, and is responsible for des,ign, environmental review and constructio
of Chula Vista owns the project site and will be responsible for managing and maintaining the
bike skills-park. The-proiect requires the approval of a Memorandum of Agreement b
County of San Diew, City of Chula Vista, and the City of San D
Otay Valley Regional Park-Bi�ke Ski�lls Park Project ESA/D 170240.09
Final initial Study/Mitigated Negative Declaration November 2019,lanuairy 2020
2020-05-12 Agenda Packet, Page 51 of 3 10
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2020-05-12 Agenda Packet Page 52 of 310
Environmental Checklist
The OVRP is located approximately four miles north of the International Border and extends
from the salt ponds at the mouth of the Otay River in Imperial Beach to the Upper O�tay
Lakes Reservoir. The project site for the proposed bike skills facility is located within the
OVRP', approximately 3.5 miles east of the salt pond, south of a single-family and multi-
family residential neighborhood, as shown in Figure 2. The project site is located
predominately in the northern portion of parcel APN 624-070-01-00 and partially in the
northeastern portion of parcels APNs 631-013-35-00 and 631-013-37-00. The project site is
bound by residential development along the south side of Rancho Drive to the north, and
vegetated land in OVRP to the south,west, and east(with Interstate 805 (1-805) located
further east). The project site, which has a relatively flat topography,has been previously
disturbed and contains an access road used to maintain the existing San D�iego Gas & Electric
(SDG&E)transmission line and several informal trails that traverse the site. The site is
vegetated with low-lying shrubs,bushes, and grasses with very few trees and is located near a
high-density neighborhood.
Figure 3 shows the conceptual site plan for the project. The project site could be accessed
from an east entrance or a west entrance as shown on Figure 3. The east entrance would allow
access to the site via Rancho Drive where there is,currently a locked gate for OVRP
maintenance access. The west entrance would allow access via Rios Avenue to the west. The
proposed project would expand recreation resources in the OVRP and would be managed,by
the City of Chula Vista. As shown in Figure 3,the project is separated into various areas
dedicated to different bike skills facilities, where the various areas include a Kids Park, Pump
Track,Jump Park, Skills Trail, and Access Trails and Roads. These primary project
components are described in detail below and shown on Table 1.
TABLE 1
PROJECT COMPONENTS
Linear Width Grading Total Area
Zone Feet' (feet)' Area(sq/ft) (sq/ft)
Zone 1: Kids Park 250 4 19500 39500
Zone 2:Chill Zone - - 1925�O 39500
Zone 3:J�ump Park 11000 4 49000 179000
Zone 4:Pump Track 11000 6 69000 2019000
Zone 5:Skills Trail 21000 4 89000 89 0002
Total 4,250 - 20,750 52,0100
1 Provided for zones with trail or track component.
2 Approximate�b�ased on grading area
Zone I.- Kids Park
The Kids Park would be located adjacent to the east entrance, where access is provided via
Rancho Drive. The Kids Park area would contain a riding track and several features designed
for younger and/orbeginner riders, including small rollers,berm turns and ladder bridges.
The track would be soil stabilized and protected by a durable surface system(DSS)carpet to
minimize dust, eliminate the need for pesticides, and create a safe riding experience. The
Kids Park would be approximately 3,500 square feet with trails totaling 250 linear feet with a
4-foot width. The Kids Park would require approximately square feet of grading
to establish this area.
Otay Valley Regional Park-Bi�ke Ski�lls Park Project 4 ESA/D 170240.09
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2020-05-12 Agenda Packet, Page 53 of 3 10
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2020-05-12 Agenda Packet Figule 3;, Conceptual Site,Plan Page 55 of 310
Environmental Checklist
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Otay Valley Regional Park-Bike Skills Park Project ESA/D1 70240.09
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2020-05-12 Agenda Packet Page 56 of 310
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Zone 2.- Chill Zone
The Chill Zone area would be located south of the east entrance in the eastern portion of the project
site. The Chill Zone would be approximately 3�,500 square feet and would require approximately
1,250 square feet of grading. The Chill Zone would use an existing concrete viewing bench,
providing a rest area with picnic tables for visitors and users of the project.
Zone 3.- Jump Park
The Jump Park area would be located in the northeastern portion of the project site and would be
approximately 17,000 square feet with trails totaling 1,000 linear feet with a 4-foot width. The Jump
Park would be designed to use prefabricated metal framed wood surface jumps which would
eliminate the need to create jump facilities with imported soil material or grading of the existing soil.
The Jump Park includes one beginner and one intermediate jump line with a return trail. Each of the
jump lines would have a series of jump and rollers that increase in size through each run. The last
jump in the intermediate jump line would have a prefabricated kicker ramp and a dirt landing. The
dirt landing would be stabilized and protected,with a safety landing pad and a DSS carpet to create a
safe jump�ing experience for riders. Between the jump features the trail would,be stabilized and
protected with the DSS carpet to reduce dust and eliminate the need for pesticides/invasive species
control along the track. The Jump Park would require approximately 4,000 square feet of grading to
establish this area.
Zone 4.- Pump Track
The Pump Track would be located in the middle of the project site and would be approximately
20,000 square feet with trails totaling 1,000 linear feet with a 6-foot width. The Pump Track area
features a modular prefabricated pump track that can be reconfigured into different track layouts
depending on user demand. The modular pump track system minimizes maintenance need by
providing a stabilized surface. The entry and exit areas to the pump track would be installed with DSS
carpet to minimize tracking of dirt onto the track. The Pump Track would require approximately
6,000 square feet of grading to establish this area.
Zone 5: Skills Trail
The Skills Trail would contain 2,000 linear feet of trails with a 4-foot width. The Skills Trail would
be designed to provide riders with optional features that range in difficulty frombeginner to expert
level. Each feature would contain signage that designates the difficulty level and provides a unique
riding challenge and experience. The natural surface trails would be stabilized and maintained over
time to minimize dust and erosion, so that the trails provide the same level of service as when
constructed. The Skills Trail would require approximately 8,000 square feet of grading to establish
this area.
Access Trails and Roads
In addition to providing various types of trails for bicyclists within the project site, the project would
also improve the existing access road and network of trails that currently transect the project site. The
project would narrow some of the access roads and trails. The access trails,and roads were
incorporated into the conceptua.,I site plan to maintain and improve, where feasible,community access
to the project site.
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Construction
Construction of the project is anticipated to occur over a six-month period, ending in Fall 2020.
Construction activities would consist of clearing, grubbing, mass grading,rough grading, and fine
grading operations. The equipment used would include,but not be limited to,bulldozers, frontend
loaders, dump trucks, skid steers, excavators,mini excavators, gold carts(for final compaction),
tillers,p�late comp�actors,j urnping jack compactors, and various power tools/hand tools. As shown on
Table 1,the total graded area of site is expected to be approximately 20,750 square feet,which
includes all trails, features and riding areas for the project. The total restoration area of the disturbed
vegetated areas is anticipated to be approximately 5,000 square feet, which includes the restoration
and narrowing of one of the main access roads.
In addition to the aforementioned construction activities,the project also includes several design
features that would help minimize construction and maintenance costs and impacts. The project has
been designed to work within existing environmental constraints of the project site and to incorporate
materials which help to alleviate robust maintenance activities. For example,the project requires
minimal clearing, grubbing, and grading activities to help minimize the construction footprint and to
use the existing network of access roads and trails onsite. Another project design feature includes the
use of prefabricated materials to eliminate the need to import fill to create project features during
construction and minimizes long term maintenance impacts. The following BMPs,would occur durin
construction: the contractor would be required to ensure construction equipment would be properly
installed with functioning noise muffler systems; the contractor would ensure equipment is operated
and maintained in accordance with manufacturer sp�ecifications; and the contractor would stage noise
generating equipment away from noise-sensitive rec
The project would also use products intended to stabilize the dirt surfaces of the tracks, trails, and
riding feature surfaces. The stabilization activities include the application of pesticides to prevent
weed or plant growth on the track, trail and riding feature surfaces, and application of soil binding
products to stabilize the structure of the soil. These stabilization activities would help long-term
maintenance,minimize air quality impacts, and minimize erosion and dust.After construction of the
tracks, trails, and riding features, the ma ority of the project features would be protected though use of
the DSS in conjunction with the stabilization products. The DSS minimizes routine maintenance,
including the need for soil stabilization,vegetation management, and dust and wind erosion control;
eliminates the need for water and moisture conditioning of the riding tracks,trails, and riding
surfaces; and helps control stormwater runoff pollution.
Facility Management and Operations
The project would be open year-round fro�m sunrise to sunset, which is similar to the existing hours of
operation at the OVRP. No new sources of lighting would be provided by the project. Park users may
access the new facility to the east from Rancho Drive or existing O�VRP trails and from the west from
the Rios Staging Area or existing OVRP trails. The project is designed to serve the surrounding
neighborhoods, which is reflected in the scale of the project, and therefore is not anticipated to draw a
substantial number of park users from outside of the community. No new parking areas are proposed
as part of the project, as on-street parking is available along Rancho Drive or via the existing Rios
Staging area. The Rios Staging area includes ten parking spaces,including one that is compliant with
requirements associated with the Americans with Disabilities Act(ADA)�.
Any maintenance that occurs would be isolated to the pump track area and is limited to the six-foot
width of the track. Maintenance and operations of the proposed facility would be managedby City of
Chula Vista. Other maintenance includes general trail maintenance and maintenance of dirt features
on an as-needed basis. In addition,the City's Public Utilities Department may access the pro�ject site.
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on an as-needed basis, with coordination and approval of the Ci1y of Chula Vista, for maintenance of
the sewer pipe that is located on the northern boundaKy of the p�roj ect site.Trash removal would also
be provided as part of operation and maintenance of the project.
9. Surrounding Land Uses and Setting.
Surrounding land uses include residential,recreational, open space conservation,public agency lands,
and vacant/undevelop�ed land. 1-805 is located to the east of the project site. The site is located north
of the O�tay River and adjacent open space areas are primarily part of the existing O�VRP.
101. Other public agencies whose approval is required
The project requires the approval of a Memorandum of Agreement by the County of San Diego, City
of Chula Vista, and the City of San Diego. The project would require a General Construction
Stormwater Permit from the San Diego Regional Water Quality Control Board(RWQCB).
11. Have California Native American tribes traditionally and culturally affiliated with the
project area requested consultation pursuant to Public Resources Code section
21080.3.11?a If so, is there a plan for consultation that includes, for example, the
determ�ination of significance of impacts to tribal cultural resources, procedures
regarding confidentiality, etc..7
In accordance with Assembly Bill (AB) 52,the County of San Diego mailed out tribal consultation
letters to tribes traditionally and culturally affiliated with the project area on July 19, 2019.
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a"Less than Significant with Mitigation Incorporated" as indicated by the checklist on
the following pages.
1:1 Aesthetics Agriculture and Forestry Resources El Air Quality
rx"I Biological Resources FX_1 Cultural Resources F-1 Energy
El Geolo�gy/Soils El Green�house Gas Emissions El Hazards&Hazardous Materials
F1 Hydrology/Water Quality F1 Land Use/Planning F1 Mineral Resources
El Noise 1:1 Population/Housing 1:1 Public Services
F] Recreation F-1 Transportation FX_1 Tribal Cultural Resources
El Utilities/Service Systems El Wildfire El Mandatory Find�inigs of Significance
DETERM I NATION: (To be completed by the �Lead Agency)
On the basis of this initial study:
F1 I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
FX1 I find that although the proposed project could have a significant effect on the
environment,there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
F-1 I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
F-1 I find that the proposed project MAY have a"Potentially significant impact"or
(.4potentially significant unless mitigated"impact on the environment,but at least one effect
1)has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2)has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,
but it must analyze only the effects that remain to be addressed.
F1 I find that although the proposed project could have a significant effect on the
environment,because all potentially significant effects(a)have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and
(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project,nothing further is required.
Signature Date
Kiran Kaur Land Use/Environmental Planner
Printed Name Title
Otay Valley Regional Park-Bi�ke Ski�lls Park Project ESA D 170240.09
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Environmental Checklist
Aesthetics
Less Than
Potentially Significant Less Than
Significant with,Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
1. AESTHETICS—Except as provided in Public
Resources Code Section 21099,would the project:
a) Have a substantial adverse effect on a scenic vista? El El M F-1
b) Substantially damage scenic resources, including, El El M F-1
but not limited to,trees, rock outcroppings,and
h�istoric buildings within a state scenic highway?
c) Substantially degrade the existing visual character or N
quality of public views of the site and its
surroundings?(Publ�ic views are those that are
experienced from publicly accessib,le vantage point).
If the project is in an urbanized area,would the
project conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect daytime or nighttime
views in the area?
Discussion
a) Less than Slignifficant Impact. The proposed project is located in the Otay River Valley,which is
a natural, vegetated corridor located in the middle of an urban, developed landscape. The Otay
River Valley corridor provides visual relief from the otherwise developed landscape,which is
specifically identified as a valued scenic resource component in the City of Chula Vista's General
Plan(City of Chula Vista,2005). The 1111111c' 'I'lity of San Dieg,o�,,,,,',,,,,,s,,,,,,,,,,,,,,O,,t,av,,,,,,,,,,Mesa-Nestor Communi1y P'an
,(,,C,,ommun,i,ty,,,,,,,,,,,P,,,I,,an)I includes the Valley Regional Park OVRP
site in the Otgy
OVRP contains outstanding scenic,natural and cultural resources,and recreational opportunities
as a resource-base,,d,,,,,,,,,,,p,,ark.
The OVRP park will link San Diego Bay to the Otay Lakes with a continuous east-west wildlife
corridor and mult,i er residents and visitors outstanding natural scenic
puKpose will off
and cultural features, and provide community and regional recreational and educational
opportunities. OVRP will preserve and enhance environmentally sensitive resources,natural
floo,dpJain management, and control of urbanization,coupl,ed with reclamation of the valley as a
source of public enjoyment. The Otqy Mem-Nestor Community Plan also provides strategies for
enhancing and preserving the resources within OVRP,which include protecting and preser
environ mental si tive areas,restor,i,,n,g degraded habitat, a tive and passive
recreational opportunities. The Community Plan strategies for OVRP include providing"active
and passive regional recreational opportunities"and providing a continuous east-west trail s
use. The Community Plan strate or OVRP include
,gies f
Providing"active and passive regional recreational opportunities"and providing a continuous
east-west or hikin use.
,y tem f &b
The Community Plan designates the project area on which construction will occur predominantly
as Low-Density Residential with some Open Space areas. The,,,,,,,,,,,,p,roj,,,,,ect is consistent with the
Otay Valley Regional Park-Bi�ke Ski�lls Park Project 12 ESA/D 170240.09
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Community Plan designations because the project is located within the Communily Plan
designated OVRP and will implement the OVRP strategies specified in the Community Plan,
includin,Q�providinjiz active and passive recreational opportunities and expanding the east-west
trail system. The project will avoid the designated open space areas by avoiding the designated
MHPA areas located on-site.
Construction of the proposed project would include the use of construction equipment,which
would introduce temporary visual obstructions into the primarily natural,vegetated landscape of
the project site and surrounding area. However, the degraded visual condition would only be
temporary and would return to pre-construction conditions once construction is complete. Once
the construction has ceased,the project would include low-profile features which would
minimally alter the existing view of the project site within the Otay River Valley corridor.
Furthermore, the relatively flat topography of the project site in combination with the low-lying
nature of the project features would screen the effects of the project features so that the project
would not substantially affect the quality of the Otay River Valley as a scenic vista. Therefore,
impacts related to degrading a scenic vista would be less than significant.
b) Less than Significant Impact. There are no officially designated state scenic highways in the
vicinity of the proposed project(Caltrans, 2019)�. According to City of Chula Vista's General
Plan,the nearest scenic roadway is Main Street, east of Interstate 805 (1-805), approximately 0.3
miles northeast of the project site (City of Chula Vista,2005),. Given intervening structures and
topography,the project site is not visible from this scenic roadway and implementation of the
project would not affect the scenic resources of this roadway. Therefore,the proposed project
would not substantially damage scenic resources along a state scenic highway or local roadway,
and impacts would be less than significant.
C) Less than Significant Impact. The visual character of the project site consists of a
predominately natural,vegetated site that hasbeen previously disturbed and includes informal
dirt trails throughout. The project site is located within the OVRP in the Otay Valley River
corridor,which is a natural,vegetated corridor in the middle of an urban, developed landscape.
As discussed above, the visual character of the project site would be temporarily degraded during
construction of the project due to the introduction of construction equipment within the area.
However, once construction is complete all construction equipment would be removed and the
project site's visual character would be similar to pre-construction conditions. Once the project
has been constructed,the project features would be low-'lying in nature and would blend into the
existing visual character of the project site as the majority of the project features consists of trails,
ramps, and natural-looking materials. In addition, implementation of the project wouldbe
consistent with the recreational goals of the OVRP as the project would provide a bike skills park
for recreational use to the surrounding community and would comply with applicable zo�ning and
other regulations governing scenic quality. Therefore,the project would not substantially degrade
the character or quality of the project site or its surroundings, and impacts related to visual quality
of the project site would be less than significant.
d) Less than Slignificant Impact. The project does not propose to install any new light sources at
the project site,because the facility would only be open during daylight hours (sunrise to sunset).
The proposed project would also not require additional lighting during construction or
maintenance because all work would be conducted during daylight hours. In addition,the project
Otay Valley Regional Park-Bi�ke Ski�lls Park Project 13, ESA/D 170240.09
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would be comprised of natural-looking materials, such as wood and turf-likernaterials, that
would have a low-lying profile,which would have low potential to create new sources of glare
from the project site. Therefore, impacts related to introducing additional sources of light and
glare would be less than significant.
References,
California Department of Transportation(Caltrans), 2019. Of
ficially,Designated Scenic Highway Map,
San Diego County. Available at:
http://www.dot.ca.gov/hq/LandArch/I 6—livability/scenic—highways/index.htm, accessed on June
27i 2019.
City of Chula Vista, 2005. City of Chula Vista General Plan, Land Use and Transportation Element.
December 13, 2005. Available at: https://www.chulavistaca.gov/departments/development-
servi ces/pl anning/general-plan, accessed on June 27, 20 19.
County of San Diego, 20 11. San Diego County General Plan. August. Available at:
https://www.sandiegocounty.gov/content/dam/sdc/p� ds/gpupdate/docs/GP/Cover-,TOC-Vision.pdf,
accessed on June 27,2019.
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Agriculture and �Forestry Resources
Less Than
Potentially Significant Less Than,
Significant with Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
111. AGRICULTURE AND FORESTRY RESOURCES—
In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may
refer to the California Agricultural Land Evaluation and Site Assessment Model(1 9�97)prepared by the California
Dept.,of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining
whether impacts to forest�resources,including timberland,are significant environmental effects,lead agencies may
refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's,
inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment
project;and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air
Resources Board.Would the project:
a) Convert Prime Farmland, Unique Farmland,or El El E] N
Farmland of Statewide Importance(Farmland),as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency,to non-agricultural
use?
b) Conflict with existing zoning for agricu�ltural use,or a
Williamson Act contract?
c) Conflict with existing zoning for,or cause rezoning
of,forest land(as defined in Public Resources Code
section 12220(g)),timberland(as defined by Pub,lic
Resources Code section 4526),or timberland zoned
Timberland Production(as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment 0 rX_1
which,due to their location or nature,could result in
conversion of Farmland,to non-agricultural use or
convers,ion of forest land to non-forest use?
Discussion
a-e) No Impact.According to the California Department of Conservation(CDC),the project site is
classified as"Other Land,"which is land not included in any other mapping category(e.g., Prime
Farmland or Unique Farmland) (CDC,2016). Furthermore, implementation of the proposed
project would not conflict with an existing zoning designation for agricultural use or a
Williamson Act contract;be located in an area zoned as,forest land,timberland, or a Timberland
Production Zo�ne; or, convert Farmland to non-agricultural use. Therefore,the proposed project
would not convert Prime Farmland, Unique Farmland,or Farmland of Statewide Importance to a
non-agricultural use.No impacts to agricultural and forestry resources would occur.
References
California Department of Conservation(CDC),2016. San Diego County Important Farmland map.
Available at: https://www.conservation.ca.gov/dl,rp/fmmp/Pages/SanD�iego.aspx, accessed on June
27� 2019.
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Air Quality
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
III. AIR QUALITY
Where available,the significance criteria established by the applicable air quality management district or air pollution
control district may be relied upon to make the following determinations.Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project reg�ion is
non-attainment under an applicable federal or state
ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions(such as those leading to
odors)adversely affecting a substantial number of
p�eo�ple?
Discussion
a) Less than Slignifficant Impact. The project site is located in the San Diego Air Basin(SDAB),
within the jurisdiction of the San Diego Air Pollution Control District(SDAPCD). SDAPCD is
required,pursuant to the federal and state Clean Air Acts,to reduce emissions of criteria air
pollutants for which the SDAB is currently in nonattainment of ambient air quality standards. The
SDAB is currently classified as, a federal nonattainment area for the 8-hour ozone (03) standard.
Note, O�3 is not directly emitted,but rather formed by the combinationOf 03precursors of
nitrogen oxides (NOx) and volatile organic compounds (VOC) in the atmosphere in the presence
of sunlight. In addition, the SDAB is classified as a state no�nattainment area for the California
standards for03,particulate matter less than 2.5 microns (PM2.5), and particulate matter less than
10 microns (PMIO) (USEPA,2019; CARB,2018).
All areas designated as nonattainment are required to prepare plans showing how the area would
meet the state and federal air quality standards by its designated attainment deadline. The San
Diego Regional Air Quality Strategy(RAQS) is the region's applicable air quality plan for
improving air quality in the SDAB and attaining federal and state air quality standards. The
RAQS relies on information from the California Air Resources Board(CARB) and the San Diego
Association of Governments (SANDAG), including projected population growth in the County,
which is based in part on local general plans. A project is deemed inconsistent with air quality
plans if it would result in population and/or employment growth that exceeds estimates used to
develop applicable air quality plans,which, in turn, would generate emissions not accounted for
in the regional emissions budgets.
The purpose of the proposed project is to construct a bike skills park that would allow for active
recreational activities within the existing OVRP�. The bike skills park is intended to serve the
surrounding community,which is reflective in the scale of the project, and as such, is not
anticipated to draw a substantial number of new park users to the site or increase the amount of
park users from outside of the community. The proposed project would not permanently change
the existing or planned transportation network or traffic patterns in the area nor would it add any
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additional capacity to existing roadways. The project would be consistent with surrounding
recreational uses, and activity would be similar to existing and planned uses. The proposed
project would generate emissions during construction and operations (discussed below),but these
emissions would be short term and are not expected to obstruct implementation of the RAQS.
Therefore, the impact would be less than significant.
b) Less than Slignificant Impact. As stated above,the project site is within the SD�AB,which is
classified as a nonattainment area for certain federally and state-de si gnated criteria pollutants,
including03,PM 10, and PM2.5. Project construction would use small-scale construction
equipment and would occur over a six-month period. Construction emissions would vary from
day-to-day and would include clearing, grubbing, mass grading,rough grading, and fine grading
operations, as well as installation of prefabricated bike skills features using hand tools to
eliminate the need to import fill to create project features during construction. Short-term
emissions generated by construction of the project would be primarily associated with
earthmoving activities. Project construction would comply with SDAPCD Rules and Regulations,
including Rules 50, 5 1, and 55,which prohibit visible emissions,nuisance activities, and require
fugitive dust control measures,respectively. For these reasons,the amount of emissions generated
during construction would be minimal and would not have the potential to exceed SDAPCD
thresholds.
Operation of the project would,generate a similar amount of operational emissions as the site
currently generates under existing conditions,as the project would only change the type of
recreational facility present ons,ite. The project would convert the type of recreational use onsite
from passive walking trails to a bike skills park. The bike skills park is intended to serve the
surrounding community, which is reflective in the scale of the project, and as such, is not
anticipated to draw a substantial number of new park users to the site or increase the amount of
park users from outside of the community. As discussed in Section XV11, Transportation,the
project would not substantially increase operational vehicle trips or vehicle miles traveled
(VMT),. Therefore,project construction and operation emissionsOf 03precursors of VOC and
NOx,PM 10, and PM2.5 would not substantially increase from baseline conditions. As a result,
the project would not exceed !�O A MU) SDAPCD standards. Also, construction emissions would
be temporary and localized, and the proposed project would comply with all required SDAPCD
emissions and fugitive dust measures,which would ensure that the cumulative contribution of
criteria pollutants during proj�ect construction would be less than significant.
Furthermore, SDAPCD significance thresholds were developed to ensure emissions in the air
basin can meet or will maintain compliance with the state and federal ambient air quality
standards. The standards were established at levels that provide public health protection and allow
an adequate margin of safety, including protecting the health of sensitive populations such as
asthmatics', children and the elderly. As project-related construction and operational emissions
would not exceed any regulatory thresholds, off-site receptors would notbe exposed to emission
levels in excess of the health-based ambient air quality standards. As such, construction and
operation activities related to the implementation of the proposed project would not contribute to
health effects related to these pollutants, and impacts would be less than significant.
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C) Less than Significant Impact.Project construction emissions could potentially expose sensitive
air quality receptors to air pollutant concentrations in the project area. Sensitive air quality
receptors are facilities and structures where p�eople,particularly, children,the elderly, and those
with respiratory illnesses(e.g., asthma), live or spend considerable amounts of time, such as
retirement homes, residences, schools,playgrounds, childcare centers, and athletic facilities.
While the project site is a park and is not considered a sensitive receptor,the surrounding
residences to the north along Rancho Drive would be considered sensitive receptors.
As stated above,project construction would use small-scale construction equipment and would
occur over a six-month period, where the amount of emissions generated during construction
would be relatively minimal and would not have the potential to exceed SDAPCD thresholds.
Construction emissions would vary from day-to-day over the approximately six-month duration,
where construction activities would include clearing, grubbing,mass,grading,rough grading, and
fine grading operations, as well as installation of prefabricated bike skills features using hand
tools. As,explained above, due to these limited construction activities over a short duration,
construction of the proposed project would generate minimal emissions of criteria air pollutants
and toxic air contaminants. Also, constructio�n emissions would be temporary and localized, and
the proposed project would comply with all required SDAPCD emissions and fugitive dust
control measures, including applicable provisions of SDAPCD Rules 50, 5 1, and,55,which
prohibit visible emissions,nuisance activities, and require fugitive dust control measures,,
respectively. Construction trucks would also be required to comply with the CARB Air Toxics
Control Measure that limits,idling to five minutes or less at any location to reduce public
exposure to diesel particulate matter and other toxic air contaminants (Title 13 California Code of
Regulations [CCR], Section 2485). Compliance with these control measures would ensure that
sensitive receptors would not be exposed to substantial levels,of pollutant concentration during
project construction. Therefore, construction of the project would not expose sensitive receptors
to substantial pollutant concentrations.
Once the proposed project is operational, criteria pollutant and toxic air contaminant emissions
would not substantially increase compared to existing conditions. As the project would not
change the site's current land use,there wouldbe no new significant sources of criteria air
pollutants and toxic air contaminants. As discussed in Section XVII, Transportation, the project
would not substantially increase operational vehicle trips or VMT. Therefore, emissions would be
minimal, and comphance with applicable SDAPCD and CARB rules, regulations, and control
measures would ensure that nearby sensitive receptors would not be exposed to substantial
pollutant concentrations. Impacts would be less than significant.
d) Less than Slignifficant Impact.Project-related odor emissio�ns would be minimal and would not
affect a substantial number of people. During construction activities, short-term emissions from
construction equipment may be evident in the immediate area on a temporary basis. Additionally,
material deliveries and hauling heavy-duty truck trips could create an occasional"whiff' of diesel
exhaust for nearby receptors. However, diesel odors would not be concentrated in a s,ingle
location and would dissipate rapidly from the project site. These odors would not affect a
substantial number of people because the scale of construction would be small. Furthermore,the
project would use and install prefabricated materials on the site,which would eliminate odors that
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are normally associated with on-site application of architectural coatings. Operation of the bike
skills park would not produce objectionable odors, and there would be no new permanent sources
of odors at the project site. Therefore, the proposed project would result in less than significant
impacts related to odors.
References,
California Air Resources Board(CARB). 20,18.Area Designations Maps/State and National. Available:
https://www.arb.ca.gov/desig/adm/adm.htm, accessed July 10, 2019.
U.S. Environmental Protection Agency(USEPA). 2019. Criteria Pollutant Nonattainment Summary
Report. Accessed July 10, 2019. Available: https://www3.epa.gov/alrquality/greenbook/ancl3.html
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'biological �Resources
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
IV. BIOLOGICAL RESOURCES—Would the project:
a) Have a substantial adverse effect,either directly or El rX_1 0 0
through habitat modifications,on any species
identified as a candidate,sensitive,or special-status
species in local or regional plans,policies,or
regulations,or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian El rX_1 0 0
habitat or other sensitive natural community
identified in local or regional plans,policies,
regulations,or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or El El
federally protected wetlands(including, but not
limited to,marsh,vernal pool,coastal,etc.)through
direct removal,fill�ing, hydrological interru�ption,or
other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors,or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances 0 N
protecting biological resources,such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat N 0
Conservation Plan, Natural Community Conservation
Plan,or other approved local,regional,or state
habitat conservation plan?
Discussion
a) Less than Significant with Mitigation Incorporated.A records review and biological resources
survey was completed for the proposed project to determine the presence or potential presence of
special-status species within the project site. The results are documented in the Biological
Resources Letter Report(Appendix A) and summarized below.
The Biological Resources Letter Report determined the project may result in direct impacts to
small mammals and reptiles with low mobility, including orange-throated whiptail, a California
Department of Fish &Wildlife Species of Special Concern. However, it is anticipated that most
mammals',reptiles, and birds would be able to move out of the way during grading. In addition,
adequate habitat for these species is conserved by the Multiple Species Conservation Program
(MSCP),which is a large-scale multiple-species conservation program implemented by the
County of San Diego, City of Chula Vista, and City of San Diego. Through the MSCP, preserve
lands are set aside to ensure conservation of a certain set of covered species. The overall MSCP is
intended to ensure viability of the covered species such that individual project impacts, such as
those anticipated as part of the proposed project,would not substantially reduce the viability of
these species' populations. Therefore,no impacts would occur to small mammals and reptiles and
no mitigation is required.
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It was also determined that the project has the potential to directly impactmigratory and nesting
birds, including the federally endangered coastal California gnatcatcher, from the accidental
destruction of nests through the removal of disturbed coastal sage scrub and disturbed land during
the general bird breeding season(January 15 to September 15). Implementation of measure MM-
B10-1 would require nest season avoidance or pre-construction surveys to ensure that impacts to
migratory and nesting birds would be reduced to a less than significant level.
Lastly, it was determined that the proposed project may result in indirect impacts from noise
generated during project construction should grading occur adjacent to occupied habitat in the
Multi-Habitat Planning Area(MHPA). The MHPA is,the area within which the preserve
associated with the MSCP would be assembled and managed to ensure long-term viability of
covered species. The proposed project site is located within or immediately adjacent to the City of
San Diego's MHPA. Potential noise-related impacts could occur within the MHPA during the
breeding season for the following species: coastal California gnatcatcher.) least Bell's vireo�,
southwestern willow flycatcher,tri-colored blackbird,northern harrier, and Cooper's hawk.
Implementation of measure MM-BIO-1 would,reduce potential indirect impacts to nesting
northern harriers and Cooper's hawks within the MHPA to less than significant levels.
Implementation of measure MM-BIO-2 would reduce potential indirect impacts to nesting
coastal California gnatcatcher, least Bell's vireo, southwestern willow flycatcher, and tri-colored
blackbird within the MHPA to less than significant levels.
Additionally,the Land Use Adjacency Guidelines fro�m the City of San Diego MSCP Subarea
Plan(1997)requires the following consideration:
Uses in or adjacent to the MHPA should be designed to minimize noise impacts. Berms or walls
should be constructed adjacent to commercial areas,recreational areas, and any other use that
may introduce noises that could impact or interfere with wildlife utilization of the MHPA.
Excessively noisy uses or activities adjacent tobreeding areas must incorporate noise reduction
measures and be curtailed during the breeding season of sensitive species. Adequate noise
reduction measures should also be incorporated for the remainder of the year.
MM-BIO-1.- Nesfing Season Avoi'dance or Pre-Construeflon Survey. If construction initiation
occurs between January 15 and September 15,a pre-construction nesting bird and rap,tor survey
of the project area and an appropriate buffer of up to 900 feet from the construction area shall be
completed by a qualified biologist prior to vegetation removal. The pre-construction survey shall
be conducted within 3 4-0-calendar days prior to the start of construction activities(including
removal of vegetation). If any active nests are detected,the area shall be flagged and mapped on
construction plans along with a buffer as recommended by the qualified biologist. The buffer
area(s), established by the qualified biologist shall be avoided until the nesting cycle is complete
or it is determined that the nest is no longer active. The qualified biologist shall be a person
familiar with bird breeding behavior and capable of identifying the bird species of San Diego
County by sight and sound and determining alterations of behavior as a result of human
interaction. Barriers shall be based on MSCP barrier requirements and/or local topography and
line of sight, species behavior and tolerance to disturbance, and existing disturbance levels, as
determined appropriate by the qualified biologist.
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MM-BIO-2: No clearing, grubbing, grading, or other construction activities shall occur between
March I and August 30,until the following requirements have been met:
Between March I and August 30,no construction activities shall occur within any portion of the
site where construction activities would result in noise levels exceeding 60 dB(A)hourly average
at the edge of the MHPA. An analysis showing that noise generated by construction activities
would not exceed 60 dB(A)hourly average at the edge of occupied habitat must be completed by
a qualified acoustician(possessing current noise engineer license or registration with monitoring
noise level experience with listed animal species) and approved by the County Department of
Parks and Recreation(DPR) (%A-"rL-"AlpywainAveldl delsigpileae),,in consultation with the City of Chula Vista.,
at least two weeks prior to the commencement of construction activities. Prior to the
commencement of construction activities during the breeding season, areas restricted from such
activities shall be staked or fenced under the supervision of a qualified biologist; or
If construction occurs within breeding season, at least two weeks prior to the commencement of
construction activities,under the direction of a qualified acoustician,noise attenuation measures
(e.g.,berms,walls) shall be implemented to ensure that noise levels resulting from construction
activities shall not exceed 60 dB(A)hourly average at the edge of the MHPA. Concurrent with
the commencement of construction activities,and,the construction of necessary noise attenuation
facilities,noise monitoring shall be conducted at the edge of the occupied habitat area to ensure
that no�ise levels do not exceed 60 dB(A)hourly average. Construction noise monitoring shall
continue to be monitored at least twice weekly on varying days, or more frequently depending on
the construction activity,to verify that noise levels at the edge of occupied habitat are maintained
below 60 dB (A)hourly average or to the ambient noise level if it already exceeds 60 dB (A)
hourly average. If not, other measures shall be implemented in consultation with the biologist and
DPR(or appointed designee), as necessary,to reduce noise levels to below 60 dB(A)hourly
average or to the ambient noise level if it already exceeds 60 dB(A)hourly average. Such
measures may include,but are not limited to, limitatio�ns on the placement of construction
equipment and the simultaneous use of equipment. If the noise attenuation techniques
implemented are determined to be inadequate by the qualified acoustician or biologist, then the
associated construction activities, shall cease until such time that adequate no�ise attenuation is
achieved or until the end of the breeding season(August 30).
With the incorporation of each of the above measures,the proposed project would result in less
than significant impacts.
b) Less than Shmiricant with Miti2ation Incorporated. The Biological Resources Letter Report
(Appendix A) identified a total, of 6.77 acres of potential impacts to vegetation communities and
land cover types outside of the MHP�A, including 5.14 acres of disturbed D�iegan coastal sage
scrub and 1.63 acres of disturbed habitat(Figure will impact two APNs which
consist of a total of 30 acres. Of these 30 acres out 1,6.8 consist of MHPA. For APN 624-070-
0 1,00,which is 20 acres.,the MHPA,,,,p rcent,age is 62.3%. For APN 631-013-3500,which is 10
acres,the MHPA,,,,,,,,,,,,p,,ercentage .s 42.8%. -The project was designed to avoid all impacts within the
MHPA. Table I summarizes permanent and temporary impacts to the vegetation communities
and land cover types that could occur within the project impact area due to implementation of the
proposed project. Impacts to disturbed Diegan coastal, sage scrub are considered potentially
Otay Valley Regional Park-Bi�ke Ski�lls Park Project 22 ESA/D 170240.09
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significant,but would be reduced to a level of less than significant through implementation of
L X XX A L,-1�5"L,1,WXX X"L,,t%J A-W X F%.�X ILXI�XXXXti" _L_.1F-1%�'5"It A
MM-BIO-3�, which requires .:4 1H 1 m4iq:4fiA:m =4ii" f,--vnermanen'imnacts to niegain eoast
A"A4 02t,%AQiAl QACxA Qo-r-11h
Qp4qih ni L-3"45%.W on-site
"%wIX"" "XX%,9 X X X A XX L X,5"VX WXX X"VX W X W X L,%.�JLXXI W L X X XF"%.�L,101 V.%J AFJL%.15L4Ax�%11141LJV"X
preservation of MHPA designated areas. Impacts,to disturbed habitat are considered less than
significant and would not require mitigation.
TABLE2
VEGETATION COMMUNITIES AND LAND COVERTYPES,IMPACTS,&MITIGATION
Existing
Vegetation Acreage Permanent Temporary Required
Community/Land Cover Within the Impacts Impacts Mitigation Mitigation
Type BSA (Acres) (Acres) Ratio (Acres)
Riparian and Wetlands
Southern Arroyo Willow 3.52 0.00 0.00 NA 0.00
Riparian Forest(61�320�)
Coastal and Val�ley 0.66 0.00 0.00 NA 0.00
Freshwater Marsh(52410)
Southern Riparian Scrub 0.60 0.00 0.00 NA 0.00
(63300)
Alkali Seep(453201) 0.14 0.00 0.00 NA 0.00
Uplands
Diegan,coastal sage scrub- 7.65 0.78 4.36 1.149-4,454 7-.32-*5.14
Disturbed(325001)
Other Land Cover Types
D i stu rbe d(1130 01) 2.75 0.31 1.32 N A 0.00
U rba ni/D�eve loped(120,001) 2.68 0.00 0.00 N A 0.00
Total Acres 18.00 1.09 5.68 7.32
Mitigation assurnes perimaneRt impaGtS Would be mitigated-G4 site inside the MIHPAat a ratiG of I-,l,tetaliiRg 0.78 aGre.Temporary
ilmpaGts would be mitigated!en-site eutside ef the MHP!A-,th ig a 1.5.1 mitigatieR ratie,tGtalingi 6.54 aGFeS.Thus,the tet
mitigation irequirerneRt wGuld�be 7.32 aGres.
MM-BIO-3�.- Permanent impacts to 0.78 acre of disturbed Diegan coastal sage scrub-and
teEnporary iMpacts to 4.36 acres of disturbed Diegan coastal sage scrub shall be mitigated at a 1:1
ratio inside the MHPA-. for-pear-manent impar-ts shall he aeeomplisL through
_LT_L_L%1X5"L_X%JXX A_WX "N"'-k-LxxF"%'w L""" t.I X XXIF X X 10 X X
preservation of the MHPA-designated areas within the project site. The project site is on parcels
that contain MHPA designated areas. Per the MSCP, a covenant of easement will be recorded
against the property which incoKporates any conditions applying to the undeveloped area,
including limitation on uses and provisions for long-term management. Of er-
n 111 r-,-%:h Q Q- A-r ic%ff Q i t-1-P W ipt- or-paympfit Of Q i:H tO th-t-"i tA"0 f !�A 41 "A'S i:H I i-I I EQ-nFE)
%-,JL %JJLJL L.7JLL'%.'JLX%A,1"JL%,k-V%,�, X -ILXJL%IW RLIXJL%1� %_1'X%,1.7 XXX
NJ A- "L4-L JL 10 'J" F-L wgfam
a--es of* U-,ll`�%!-Ik AciAl
or-an JL_JLJLALA5#.�LJLWX_JL kJ L4JL JLJL%.. JL XXX LIF L4%o�16 10 W V41%.'X _L %�k".YLI"X -Ilegan ea
YNJ mpaets4od I X %�'4.4,L-3 X
sage- srvilL QLP11 L-4=4i"qt-d :4t P I !;.I =4tic% d-1-+A thp QjJ'f%9Q ]"P_Qfio�m 1:m1tQLA- Af*t
"k/ ux-L"XX "%w�xXxx%'x5"Q'%.'%.4 "L %.4, X-/.X ]L"LXW� %4"%ol LW LXX%.�FXN_1J%.%WL,UXL,%,' U XW%.1kXLX%�1XX W"LLJX%4%.'1 WX 4,
r h- Qi+-r-pvpg Afig:!141 and
M14RAL. _ALT4 i'%ik Cg=I atift'--YH te.rnpefaf
�w %wVO UkJLL4_L.JL 4,X_LXWVt&_LX WXJL L.Y_Lk%'� L41 L,X W X it
L,A%J k X N-1 X %�'JL%o�%.41 L X JL%w1JLA11.4LJ%,�%JX %J-JL-JL L_3XL,%.,1 XJLL4"XLL4L,) WX paymenAL,pfr Af-%QW%eLQJ inAw"
mosofyLat i.Of 41ft-1 iEfi CJL f LQY iL It-.'r-estena..+icyn A-r C%f Aff Qif-I-Ahitpt- Ar-
thia 04:%, C%f!P%:4:M ni-C Q i4a L-41 -r- :;zp 4:"4i4xPt-iA'
�'Aq�y %J-IL "L4xx AL�'X%.�ge L-3 XXX XX%�'164-JL%wl Im X5L441XN_1.JL_JL "L4k_LX'16_. JLJL_JLJLVL4,%,/1LAJ_1LX_1LJL%,'_JLF,'L4L%o�%4
ILIXX%o� e or-egam or-ap givi d ticxptipp hp:ml,
i:ncid-th- A4TJP A will h-vniticx:lifad pi Q I-I r_Qtic�i :=d Jflqt?P9+Q miii":4t-d Alltqidia i UD
L k X U A%4%.� 11-IL X%.�_L T JL_L JL JL�L 1. V V X X X kJ%o� JL X AX L X r-,L4 It,%o�%4 L4 It,164 X.X X k4 L,X W k-4,X X%4 X %'L.7_JL_1Lx_JL4'Xfi;;"t.4L'%o�%* go� �L T 4 A i JJL Ix bw%e
miti cxgat-d pi :4 1 �&-I rAii 0."P
xx JL x L x'�'-164 L%w,%4"L LX X._/.X _L"IL,X N Y ior to the issuance of any grading or improvement plans, a Mitigation
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Plan shall be approved by DPR for any proposed habitat restoration, creation, and/or revegetation.
The Mitigation Plan shall conform to the most current version of the County of San Diego,Report
Format and Content Requirements for Revegetation Plans and shall specify, at minimum, the
following: (1)the location of the revegetation site; (2) an implementation plan(including site
preparation,planting, and irrigation methods); (3) schedule for maintaining and monitoring the
revegetation site; (4)performance criteria and standards for successful mitigation; (5)measures to
protect the revegetation site; and(6) cost of implementing the Mitigation Plan.
C) Less than Significant. The Biological Resources Letter Report(Appendix A)included an
evaluation of potential wetlands and waters under the jurisdiction of the U.S. Army Corps of
Engineers under Section 404 of the Clean Water Act; the San Diego Regional Water Quality
Control Board under CWA Section 40 1; and CDFW under California Fish and Game Code
Section 1600. Southern riparian scrub, southern arroyo willow riparian woodland, coastal and
valley freshwater marsh, and alkali seep associated with the Otay River and Poggi Creek were
identified within the vicinity of the project site outside the project impact area. These resources
are likely considered jurisdictional by USACE, CDFW, and RWQCB. However,the project
would avo�id direct impacts to any federal, state, or local wetlands or waters. To avoid indirect
impacts,the project design incorporates a minimum 50-foot buffer from riparian habitats
associated with the Otay River and Poggi Creek and a 25-foot buffer from the alkali flat. The
project impact area is topographically separated from these features by slopes,, as well as by a trail
for portions of the Otay River and alkali flat occurring south of the site. The project also complies
with the MSCP land use adjacency guidelines,which prohibits,drainage into these areas which
are partially protected within the MHPA. Thus,potential indirect impacts to federally or state
protected wetlands and waters would be less than significant and no mitigation would be
required.
d) Less than Significant. The Biological Resources Letter Report(Appendix A) identified the
project's site location within the Otay River Valley,which is considered a regionally significant
wildlife movement corridor. However,the project site consists of a primarily disturbed site up-
slope of the Otay River,bounded by residential development to the north, east, and west. Due to
the site's location on the periphery of the river valley adjacent to development,habitat within the
project site likely provides for local wildlife movement but does not provide a throughway for
wildlife movement into off-s,ite open space areas. Therefore,the project site does not function as
a significant linkage associated with the Otay River Valley regional wildlife corridor. Thus,,the
project is not anticipated to interfere with wildlife movement and impacts are considered less
significant; no mitigation would be required.
e) No Impact. The proposed project would be consistent with all relevant goals and policies of the
City's General Plan and MSCP regarding the preservation and protection of biological resources,
which includes conservation of key sensitive species and their habitats and preservation of
wetland habitats. The project design avoids impacts to areas designated as MHPA,which has
been designated for preservation of key sensitive species and their habitats by the City of San
Diego MSCP Subarea Plan(1997). Additionally, the project has,been designed to avoid impacts
to wetlands in the project vicinity.
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Additionally,the project complies with the City of San Diego's MSCP (201-28), including the
Biology Guidelines and Environmentally Sensitive Lands Regulations,by avoiding impacts to
wetlands and incorporating appropriate barriers, from wetlands,limiting development to outside
of the MHPA, incorporating noise attenuation measures for potentially occurring sensitive species
(e.g. least Bell's vireo, coastal California gnatcatcher) in the MHPA during the breeding season,
and avoiding encroachment onto steep slopes and coastal bluffs. The project would also be
consistent with the City of San Diego MSCP Subarea Plan(1997),which is discussed in further
in response IV(f)below.No impact would result due to implementation of the project.
f) Less than Slignificant Impact. The project site is located within the City of San Diego MSCP
Subarea Plan (City of San Diego, 1997). The MSCP identifies land that would conserve habitat
for federal and state endangered,threatened, or sensitive species, including the coastal California
gnatcatcher and least Bell's vireo. The MHPA is the area within which the permanent MSCP
preserve would be assembled and managed for its biological resources, and is designated for
conservation and protection per the City of San Diego MSCP Subarea Plan (1997). Outside of the
MHPA, "Incidental Take"of covered species and their hab,itats (e.g. coastal sage scrub) is
authorized by the MSCP,provided that the project is consistent with the provisions of the MSCP.
The project site is consistent with the MSCP as the project and the areas which will be disturbed
are located outside of the MHPA boundaries and will not impact the onsite and adjacent MHPA
_LX.K%14X "XL%141 %,A.L%."JL%11 TV JLX
or conflict with any provisions of the MSCP. 1.2 if 016%el%el t%l bg"a%el iffli ba Av;;Vz il'it 11 4 M:41 A:Md� tL-v-A;;Zill La
Hqa 44-r_pj444:gAJ qJ " 4-, '"%'
lie to the project's sites proximity to the MHPA, the project is also
required to comply with the Land Use Adjacency Guidelines from the City of San Diego MSCP
Subarea Plan (1997), which requires issues related to drainage, toxic substances, lighting,noise,
invasives, and barriers bmu"...er.,-s-be addressed during project planning.
As described in the applicable sections,of this IS/MND, the proposed project would would only
slightly increase iinpervious surfaces within the project site and loose soils areas would be
p4fla 1X&011LA ti:�i Lp- 1,
stabilized with D�SS caKpet and/or stabilizing product. D-Iff-L.-i VV W".L%A %1W Wlh.� 11�%WJL V
t:6 pk p 3g Qf"vm Na4ilz-bt& --d A;Ixill h-
L.7LWX.JLXJL%4.L X V%lo, 10%W%W%Jw V V_JLJL X W%W/ "P3131 1i e�('4 tp:%thxe/pff-W (!�L,t%-.4L,tloi f4u vil-1 gr pf:event
-1 _4fQQ VV - -
f fore,the proje -off, including run-off
en.2.111._. X"-L-L There ct will not result in increased run
containing pesticides or toxic substances, into the MHPA.
InL
No,,,,,,,,I,,i,,ghting is propo s,,e,,d........... which would result in increased 1,,,i 1 in the MHPA. The
ghting
project is not expected to substantial ly increase noiselevels,above ambient noise levels duri
park-operations, which is discussed in further in response XIII(a)below..Noise ge grated
project construction would be mi,t,i,,,g,at,e,,d,,,,,,,,,,t,hro,u,gh,,,,,,,,,,,,,MM-BIO�-2. Invasive species would be
controlled within,,,,,,,,,,,th,,e,,,,,,,,,,,,,p,roject site thro,u,gh,,,,,,,,,,,,th,e,,,,,,,,,,,,,,application of,,,pesticides to,,,,,,,prevent weed,,,,,,,,,,,,o,r,,,,,,,,,,,p,,Iant
growth, and thus would not contribute invasives to the MHPA. Th,e,,,,,,,,,,,,,p,roj,,,ect site is separated from
the MHPA to the south by a which wou,l,,d,,preclude access. The off-site trail
im.mediate,l,,Y,,,,,,,,,,,,s,,o,uth of the,............proJ,ect site., which is not a,,,,,,,,,,,,p,,art.............of the............proj,,,,,e,c,,t,, buts the MHPA but
accl,le,,s,,,s,,,,,,,,,,,,,,i,,,,s,,,,,,,,,,,,, recluded to ar,e,a,s,,,,,,,,,,,,b, dense vegetation and barriers (e.g. peeler p,,o,,I,,e,,,fencing),,,,,,,,,,to areas
with
r-pa's It i4a La'QQ thq�m im4lp-+Q v-1pied tic%hyiAvelogy aniA 3Arpier-quality Lazp=Aelus mate
L L,A X A X%1�kl,7 L-1 QIX X 414-L X 0 X b X X X A-X%11 k4X X A,XX X A-V C4%I,L,10 JL%.�k"41%.e%4 L,%_1 X X J%4.JL%J JL W k4-L JL%4 V V -L-L L, X JL k4Z�%4JL%A%J%A
--iL-ti-- A:MiA :MAi-ia p4qiA
44%W 0 LJL A%W L A%,�L.Y i VUL X%4 X X N-f X 0%.1 VtX A%4 V A L/X Vt L X W X A Impacts to biological resources would be reduced to a less
than significant level with implementation of mitigation measures. Project compliance with the
Otay Valley Regional Park-Bi�ke Ski�lls Park Project 25 ESA/D 170240.09
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Land Use Aujacency Guidelines, as described above, would ensure that impacts to the MHPA are
less than significant, and the project is in compliance with the County of San Diego's MSCP
Subarea Plan.
Re,fe�re�nces,
City of San Diego. 1997. City of San Diego MSCP Subarea Plan. Available at
http://www.sandiego.gov/planning`/programs/mscp/pdf/sub�areafullversion.p�df
City of San Diego, 2008. City of San Diego General Plan. March 10, 2008. Available at
https://www.sandiego.gov/planning/genpIan#genpIan, accessed June 28, 2019.
City of San Diego. 2012. San Diego Municipal Code Land Development Code—Biology Guidelines. Last
updated April 23, 2012.
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Cultural �Resources
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
V. CULTURAL RESOURCES—Would the project:
a) Cause a substantial adverse change in the 0 M
significance of a historical resource pursuant to
§15064.,5?
b) Cause a substantial adverse change in the rX_1 0 0
significance of an archaeological resource pursuant to
§15064.,5?
c) Disturb any human remains,including those interred rX_1 0 0
outside of formal cemeteries?
Discussion
a) No Impact.Based on an analysis of records and a cultural resources survey of the property on May
7 2019 it has been determined that there are no historical resources present within the project site;
1 1 1
therefore,there would be no impacts on historical resources. The results of the survey are provided
in the confidential Cultural Resources Assessment prepared by ESA(Appendix B).
b) Less than Significant with Mitigation Incorporated. A records review and cultural resources
analysis was completed for the proposed,project to determine the presence or potential presence of
archaeological resources within the project.The results are documented in the confidential Cultural
Resources Assessment(Appendix B) and summarized below.
A records and literature search was conducted at the South Coastal Information Center (SCIC) at
San Diego State University on April 29, 2019 to identify previously documented
resources within and near the project site. A total of 39 previously recorded cultural resources are
present within a I-mile radius, including one archaeological resource located within the
northeastern corner of the project site. The pedestrian survey relocated the previously documented
resource within the project site. The resource has already been heavily impacted 'by trail
construction,maintenace, and use, and development of nearby residences. As such,project-related
impacts to the surficial component of the site would not be significant. However, there is a small
potential that project-related construction could impact subsurface materials. Mitigation MM-
CUL-1 would reduce impacts to a level of less than significant.
MM-CUL-1: Archaeological Monitoring. DPR, in consultation with the City of Chula Vista,
shall retain a qualified archaeologist to monitor all proposed ground-disturbing activities related to
the implementation of the proposed project to minimize disturbance of subsurface archaeological
deposits. Specifically,the following measures shall be implemented to reduce impacts:
0 All. proposed ground disturbance, including grading and excavation for the project, shall be
monitored by a qualified archaeologist(s)who meets the Secretary of the Interior's Professional
Qualifications Standards, as promulgated in Code of Federal Regulations (CFR), Title 36,
Section 61 or in the City's Land Development Code.
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• Prior to the start of construction, a monitoring plan shall,be prepared that describes the nature
of the archaeological monitoring work, procedures to follow in the event of an unanticipated
discovery, and reporting requirements.
• The archaeologist shall be invited to the preconstruction meeting to inform all personnel of the
high probability of archaeological materials being encountered duriu construction.
• if intact subsurface deposits are identified during construction, the archaeologist shall be
empowered to divert construction activities away from the find and shall be given sufficient
time and compensation to investigate the find and determine its significance. No soil shall be
exported off site until a determination can be made regarding the significance of the resource,
especially if Native American resources are encountered.
• Recovered items shall be treated in accordance with current professional standards by being
properly provenienced, cleaned, analyzed, researched, reported, and curated in a collection
facility meeting the Secretary of the Interior's Standards, as promulgated in 36 CFR 79, such
as the San Diego Archaeological Center. The costs for curation shall be included,in the budget
for recovery of the archaeological remains.
A final Cultural Resources Monitoring report shall be produced,which shall discuss the monitoring
program and its results and shall provide interpretations of any recovered cultural materials.
C) Less than Significant with Mitigation Incorporated. As previously discussed, a records review
and field survey were conducted for the proposed project to determine the presence or potential
presence of cultural resources, including human remains, within the project site. The results are
documented in the confidential Cultural Resources Assessment (Appendix B) and summarized,
below.
No previously recorded sites with human remains were identified within the project site.
However, due to the number of archaeological resources recorded in the surrounding area,
there is a potential for unidentified human remains to 'be present within the project site. If
present, the human remains could be damaged by ground-disturbing activities associated with the
project. Mitigation MM-CUL-2 would reduce impacts to a level less than significant.
MM-CUL-2: Protection of Human Remains. Any ground-disturbing activities on the project
site must be considered as having the potential to encounter Native American human remains.
Human remains require special handling and must be treated with appropriate dignity. Specific
actions must take place pursuant to State CEQA Guidelines Section 15064.5e,Public Resources
Code (PRC) Section 509�7.9�8, and Section 87.429 of the County of San Diego Grading, Clearing
and Watercourses Ordinance.
Should human remainsbe identified during ground-disturbing activities related to the proposed
project, whether during construction,maintenance, or any other activity, state-and county-
mandated procedures shall be followed for the treatment and disposition of those remains, as
follows.
In the event of the accidental discovery or recognition of any human remains in any location other
than a dedicated cemetery,DPR shall ensure that the following procedures are followed:
1. There shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until:
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a. A County(DPR) and City of Chula Vista Program Manager are i-S contacted.
b. The County Coroner is contacted to determine that no investigation of the cause
of death is required.
c. If the Coroner determines the remains are Native American, then:
i. The coroner shall contact the Native American Heritage Commission
(NAHQ within 24 hours.
ii. The NAHC shall identify the person or persons it believes to be most
likely descended from the deceased Native American. The Most Likely
Descendent(MLD�)may make recommendations to the landowner(DPR),
or the person responsible for the excavation work, for the treatment of
human remains and any associated grave goods as provided in PRC
Section 5097.98.
2. Under the following conditions,the landowner or its authorized representative shall
rebury the Native American human remains and associated grave goods on the property
in a location not subject to further disturbance:
a. The NAHC is unable to identify a MLD or the MLD fails to make a
recommendation within 24 hours after being notified by the NAHC.
b. The MLD fails to make a recommendation.
c. The landowner or his authorized representative rejects the recommendation of
the MLD, and mediation by the NAHC fails to provide measures acceptable to
the landowner.
3. Any time human remains are encountered or suspected and soil conditions are
appropriate for the technique, ground penetrating radar(GPR) shall be used as part of
the survey methodology. In addition, the use of canine forensics shall be considered
when searching for human remains. The decision to use GPR or canine forensics shall
be made on a case-by-case basis through consultation among the County Archaeologist,
the proposed project archaeologist, and the Native American monitor(see MM-TCR-
1).
4,. Because human remains require special consideration and handling, they must be
defined in a broad sense. For the purposes of this,document,human remains are defined
as:
a. Fragmented or disarticulated human bone with no associated artifacts or grave
goods.
'b. Cremations, including the soil surrounding the deposit.
c. Interments, including the soils surrounding the deposit.
d. Associated grave goods.
In consultation among the County archaeologist, City of Chula project archaeologist, and
Native American monitor(see MM-TCR-1), additional measures (e.g., wet-screening of soils
adjacent to the deposit or on site)may be required to determine the extent of the burial.
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Energy
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
V11. ENERGY—Would the project:
a) Result in potentially significant environmental impact El F-1 M 0
due to wasteful,inefficient,or unnecessary
co�nsumption of energy resources,during project
construction or operation?
b) Conflict with or obstruct a state or local plan for El El E]
renewable energy or energy efficiency?
Discussion
a, b�), Less than Signifficant Impact. Project construction would use small-scale construction
equipment and would occur over a six-month period. Construction emissions would vary from
day-to-day and would include clearing, grubbing, mass grading,rough grading, and fine grading
operations, as well as installation of prefabricated bike skills features using hand tools. Energy
uses would result primarily from on-and off-road vehicle fuel consumption in the form of diesel,
gasoline, and electricity to power the hand tools. However, the quantities of diesel, gasoline, and
electricity use during construction would be minimal given the small scale of the project.
Construction diesel, gasoline, and electricity demand would be temporary and cease once
construction is completed over the approximately six-month duration.
Once construction is complete,the project would not use any new energy sources as the project
does not propose any new light sources or structures. As discussed in Section XVII,
Transportation, the project would not substantially increase operational vehicle trips or VMT. As
such,the project would not substantially generate increased operational energy or transportation
fuel demand. The project would continue to use the same level of electricity demand for lighting,
as under existing conditions, and as such,would not conflict with the local utility provider I s,
ability to comply with applicable state and local plans established for renewable energy and
energy efficiency. For these reasons,the project would result in less than significant impacts
related to energy as it would not result in a wasteful, inefficient, or unnecessary usage of direct or
indirect energy.
The project would not conflict with state or local plan for renewable energy or energy efficiency.
The project does not propose any new light sources or structures and thus would have no impact
related to renewable energy for lighting and no impact related to The State's Title 24 building
energy efficiency standards or the California Green Building Standards. Furthermore, the project
would improve an already existing recreational amenity within a high-density residential
neighborhood and continue to serve the existing residents without generating increased vehicle
trips from outside of the community. As discussed in Section XV11, Transportation, the project
would not substantially increase operational vehicle trips or VMT. Thus,the project would have a
less than significant impact with respect to plans for minimizing vehicle miles traveled and
associated transportation fuel demand.
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Geoloig�x,f and Soils
y
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
VII. GEOLOGY AND SOILS—Would the project:
a) Directly or indirectly cause potential substantial
adverse effects,including the risk of loss, injury,or
death,involving�:
i) Rupture of a known eafthquake fault,as El M 0
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shakin�g?
iii) Seismic-related ground failure,including N 0
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil�?
c) Be located on a geologic unit or soil that is unstable, N 0
or that would become unstable as a result of the
project,and potentially result in on-or off-site
landslide,lateral spreading,subsidence,liquefaction,
or co�llapse?
d) Be located on expansive soil,as defined in
Table 18-1-B of the Uniform Building Code(1994),
creating substantial direct or indirect risks to life or
p�roperty?
e) Have soils incapable of adequately supporting the use El 1:1 F] FX-]
of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique paleontological �F-1 FX_1
resource or site or unique geologic feature?
Discussion
a.i) Less than Significant Impact. The project area is not located within a State of California
Alquist-Priolo Earthquake Fault Hazard Zone (California Department of Conservation, 2018.;
City of San Diego, 2007). The nearest potentially active fault to the project site is the La Nacion
Fault, approximately 1.5 miles to the east, and the nearest active fault is the Rose Canyon Fault,
approximately 6.5 miles to the west. Because the project site is not located on a known
earthquake fault line or within an Alquist-Priolo Earthquake Fault Hazard Zone,the potential for
ground rupture to occur during a seismic event at the project is considered to be very low.
Additionally, the proposed project would not involve elements that would exacerbate the existing
conditions of fault rupture hazard zones, and therefore,would not result in a cumulatively
significant impact. As such, impacts related to causing loss,injury, or death due to rupture of a
known earthquake fault would be less than significant.
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a.ii) Less than Significant Impact. The site is locatedin the seismically active southern California
region and would be sub ect to strong ground shaking in the event of a major seismic event. The
j
nearest active fault is the Rose Canyon Fault located approximately 6.5 miles to the west. Due to
the relatively close distance to this fault, the project site could be subject to strong ground motion
and shaking resulting from seismic activity. While the project would create a new bike skills
park,the project would not construct any new structures which could be substantially damaged
and cause injury or death in the event of strong ground shaking. The project components,would
comply with all applicable seismic regulations, including the California Building Code (CBC)
and Cities of San Diego and Chula Vista's Municipal Codes,which would minimize the effects of
ground shaking on the-oroiect components. Furthermore, due to the nature of the project,,the
project would not draw a substantial amount of visitors,where visitors would use the bike skills
park on a relatively short-term basis per each visit. Overall, the potential risk of injury or death as
a result of strong seismic ground shaking at the project site would be minimal. Thus, impacts
related to ground shaking would be considered less than significant.
a.iii) Less than Significant Impact. Liquefaction occurs when cohesion-less soils become liquefied
when agitated by strong vibratory motion due to earthquakes. Research and historical data
indicate that loose granular soils and non-plas,tic s,ilts,that are saturated by a relatively shallow
groundwater table are susceptible to liquefaction. According to the City of San Diego's Seismic
Safety Study, the Otay River Valley lies within an area designated with low potential for
liquefaction(City of San Diego, 2008). Furthermore, since the proposed project would not
construct any new structures intended for human occupation,the potential risk to people as a
result of ground failure or liquefaction would be considered to be very low. Therefore, impacts,
related to liquefaction and/or ground failure would be less than significant.
a.iv) Less than Significant Impact.According to the Department of Conservation Relative Landslide
Susceptibility and Landslide Distribution Map,the site is mapped as,"marginally susceptible"to
landslides(California Department of Conservation, 1995),. In addition,the topography of the
project site is relatively flat,with no surrounding steep slopes. As,such,risk of landslides at the
project site is considered to be very low,where implementation of the project would not result in
a substantial adverse risk of landslides. Therefore, impacts related to landslides would be less
than significant.
b) Less than Significant Impact.According to the U.S. Department of Agriculture's Soil Survey
for San Diego County, the project site is primarily located on soils identified as gravel pits,with
small portions identified as Salinas,clay loam, in the northwestern and northeastern comers of the
project site, and Reiff fine sandy loam, in the northwest corner of the project site(USDA, 2019).
The project would include grading activities that could temporarily exacerbate erosion conditions
by exposing soils during construction,which could temporarily increase the amount of sediment
in runoff enterimy the existing storm drain system. However, the proposed project would be
required to obtain and comply with the Construction General Permit from the State Water
Resources Control Board(S,WRCB). Stormwater best management practices(BMPs)would be
required to limit erosion, minimize sedimentation, and control stormwater runoff water quality
during construction activities. It is assumed that the limits of disturbance for the proposed project
would require a Stormwater Pollution Prevention Plan(SWPPP). Compliance under the
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Construction General Permit and SWPPP would ensure that construction activities would not
degrade the surface water quality of receiving waters to levels that would be below the standards
that are considered acceptable by the San Diego RWQCB or other regulatory agencies.
Once construction is complete,all exposed trails,ramps, and other dirt project components would
be stabilized with DSS carpet and/or the application of soil binding products to stabilize the
structure of the soil. These stabilization activities would help long-term maintenance and
minimize erosion and dust. Therefore, impacts related to substantial soil erosion or the loss of
topsoil would be less than significant.
C) Less than Significant Impact.As previously discussed above, the project site has low potential
for liquefaction, landslides, and soil erosion, and impacts are considered less,than significant. The
project site is currently used as a recreational site, where the project would enhance the s,ite to be
a recreational area specific to bicyclists. Construction of the project would,involve minimal
surficial grading to create the bike skills components,where project components would be
stabilized using DSS carpet or soil binding products. Implementation of the project would,comply
with all applicable seismic regulations, including the CBC and Cities of San Diego and Chula
Vista's Municipal Codes,which would further minimize the effects of unstable soils on the
project site. Thus,the potential risk to people as a result of unstable soil would be minimal and
impacts would be less than significant.
d) Less than Slignifficant Impact. Expansive soils are fine-grained soils(generally high-plasticity
clays)that can undergo a significant increase in volume with an increase in water content and a
significant decrease in volume with a decrease in water content. Changes in the water content of
an expansive soil can result in severe distress,to structures constructed upon the soil. According to
the Soil Survey Geographic Database for San Diego County,the project site is underlain with
Reiff fine sandy loam and gravel pits soils,types (Conservation Biology Institute,20 19). Neither
of these soil types are classified as expansive soils. In addition, all project components would
comply with all applicable seismic regulations, including the CBC and Cities of San Diego and
Chula Vista's Municipal Codes,which would ensure that effects from potential geologic hazards
would be further minimized. For these reas,o�ns, impacts related to expansive soils would be less,
than significant.
e) No Impact. The project does not include the use of septic tanks or alternative wastewater
disposal systems at the project site. Implementation of the project would not result in any impacts
or changes to existing conditions regarding inadequate soils to support septic systems. Therefore,
no impact would occur.
f) No Impact. Construction of the project includes limited s,urficial grading to create the bike skills
features throughout the site,where no excavation or trenching activities are proposed as part of
construction. Because ground-disturb�ing activities have no potential to reach native soils or
underlying geologic formations,there is no potential to encounter unknown p,aleonto logical
resources during construction. Once construction is complete, all project components would be
stabilized with DSS carpet or stabilizing products, where no underground activities would occur.
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Therefore,the project has no potential to damage paleontological resources and no impact would
occur.
References,
California Department of Conservation, 2018. CGS Earthquake Hazard ZonesISHP Fault Zones
(MapServer). Updated January 10, 2018. Available at
https-.//maps.conservation.ca.gov/geology/#datalist, accessed June 27, 2019.
City of San Diego, 2007. City qf San Diego General Plan, Programmatic Environmental Impact Report,
Geological Conditions, Figure 3.4-1. Dated September 17, 2007. Available at
https://www.sandiego.gov/sites/default/fiIes/Iegacy//planning/genplan,/p�df/peir/3p4dIgeotechreletiv
erisk.pdf, accessed June 27,20196
City of San Diego, 2008. City of San Diego Seismic Safety Study—Geologic Hazards and Faults Map.
Last updated April 3, 2008.
Conservation Biology Institute, 2019. Soil Survey Geographic D�atabasefor San Diego County. Available
at: https://databasin.org/datasets/028d6dcic4O84aeb96099355da5bc84a, accessed July 8, 2019.
United States Department of Agriculture (USDA), 20 19. Soil Survey Geographic (SSURGO) databasefor
San Diego County, California, USA. Available at:
https://databasin.org/datasets/028d6dcic4O84aeb96099355da5bc84a.
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Greenhouse Gas Emissions
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
Vill. GREENHOUSE GAS EMISSIONS
Would the project:
a) Generate greenhouse gas emissions,either directly or El El E]
indirectly,that may have a significant impact on the
environment?
b) Co�nflict with an applicable plan,policy or regulation El El E]
adopted for the purpose of red�ucin�g the emissions of
greenhouse gases?
Discussion
a, b), Less than Significant Impact. The State of California has developed guidelines to address
the significance of climate change impacts based on Appendix G of the CEQ�A Guidelines,
which contains two significance criteria for evaluating greenhouse gas(GHG) emissions of a
project. A project would have a significant environmental impact if it would:
• Generate GHG emissions, either directly or indirectly, that may have a significant impact
on the environment.
• Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing
the emissions of greenhouse gases.
The two questions were intended to satisfy the Legislative directive in Public Resources Code
Section 21083.05. Therefore, the analysis contained herein relies upon Appendix G of the
CEQA Guidelines a s the threshold of significance for evaluating the environmental effects of
GHG emissions of the proposed project. CEQA Guidelines Section 15064.4 states that the
"determination of the significance of greenhouse gas emissions calls for a careful judgment by
the lead agency consistent with the provisions in section 15064. A lead agency should make a
go�o�d-faith effo�rt, based to the extent possible on scientific and factual data, to describe,
calculate or estimate the amount of greenhouse gas emissions resulting from a project.11)
Section 15064,.4,(b) further states, that a lead agency should consider the following nonexclusive
list of factors when assessing the significance of GHG emissions:
1. The extent to which the project may increase or reduce GHG emissions as compared to the
existing environmental setting;
2. The extent to which project emissions exceed a threshold of significance that the lead agency
determines applies to the project; and
3. The extent to which the project complies with regulations or requirements adopted to
implement statewide, regional, or local plans for the reduction or mitigation for GHG
emissions.
CEQA. Guidelines Section 15064(h)(1) states that "the lead agency shall consider whether the
cumulative impact is significant and whether the effects of the project are cumu,latively
considerable." A cumulative impact may be significant when the proposed project's
Otay Valley Regional Park-Bi�ke Ski�lls Park Project 3,5 ESA/D 170240.09
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incremental effect, though individually limited, 'is cumulatively considerable. As discussed
above, climate change is the product of incremental contributions of GHG emissions on a global
scale.
GHGs include carbon dioxide, methane, halocarbons (HFCs), and nitrous oxide, among others.
Human-induced GHG emissions are a result of energy production and consumption, and
personal vehicle use, among other sources.
The State CEQA Guidelines do not prescribe specific thresholds for what amount of GHG
emissions would constitute a significant iMpact on the environment. Instead,the guidelines leave
the determination of significance of GHG emissions pp�to the lead agency provided this decision
is sLapported by substantial evidence. Several lead agencies have drafted or adopted var
threshold opp�roaches and gpidelines,. At the local level,the City of Chula Vista has been
iMplementing a Climate Action Plan(CAP) since 20�O�0,with the most recent Lapdate occurring in
2017. However,this plan does not provide guidance on specific thresholds of signi icance. Given
this information and,as the lead agency,this analysis will rely on the County of San Diego's
thresholds. The County of San Diego currently recommends projects be compared to a 900-
metric-ton carbon dioxide equivalent(MTCO2e) screening level to identify which projects require
additional analysis and,mitigation. Project emissions below this 900 MTCO2e level are
considered less than cumulatively considerable, and project emissions above this level require
additional analysis. Moreover,projects that result in a net benefit by reducing GHG emissions,are
determined to have a less than significant impact related to GHG emissions. Recent Court
decisions,including Newhall Ranch,have recommended that analyses emphasize the
consideration of GHG efficiency, and while the County guidance encourages CEQA.analyses to
focus on the GHG efficiency of a proposed project,the County also acknowledges that some
projects are sufficiently small such that it is highly unlikely they would generate a level of GHGs
that would be cumulatively considerable.
The project would convert an existing recreational area of the OVRP that currently contains
passive walking trails to a bike skills park,where the project would not change the land use or
function of the site. Project construction would use small-scale construction equipment and would
occur over a six-month period. Construction emissions would vary from day-to-day and would
include clearing, grubbing,mass grading,rough grading, and fine grading operations, as well as,
installation of prefabricated bike skills features using hand tools. Due to the limited constructio�n
equipment and duration,the amount of emissions generated during construction would be
relatively minimal and would not have the potential generate a level of GHGs that would be
cumulatively considerable. Construction-related GHG emissions would cease upon completion
and would not contribute to long-term or on-going GHG emissions. Operation of the project
would generate a similar amount of operational emissions as the site currently generates under
existing conditions as the project would only change the type of recreational facility present
onsite. As discussed in Section XVIL Transportation,the project would not substantially increase
operational vehicle trips or VMT. All other operational activities would continue to occur
similarly to existing conditions.
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Furthermore, due to the negligible amount of GHGs generated from project construction and
operation, the project would not conflict with any applicable plan,policy, or regulation related to
GHGs. The project would improve an already existing recreational amenity within a high-density
residential neighborhood and continue to serve the existing residents without generating increased
vehicle trips from outside of the community. Therefore, the project would not substantially
increase VMT and impacts related to GHGs would be less than significant.
Moreover,the proposed project would not conflict with any applicable plan,policy, or regulation
adopted for the purpose of reducing GHG emissions. The most applicable plan,policy, or
regulation is the County's Climate Action Plan(CAP),which was adopted by the Board of
Supervisors on February 14, 20181. The CAP outlines actions that the County would undertake to
meet its GHG emissions reduction targets. Implementation of the CAP would require new
developer-initiated and Co�unty-sponsored development projects to incorporate more sustainable
design standards and implement applicable reduction measures consistent with the CAP. To help
plan and design projects consistent with the CAP, and to assist County staff in implementing the
CAP and determining the consistency of proposed projects with the CAP during development
review,the County has prepared a CAP Consistency Review Checklist(Checklist). This
Checklist, in con unction with the CAP,provides a streamlined review process for proposed
discretionary developer-initiated projects that require environmental review pursuant to CEQA.
Refer to the County's Guidelinesfor Determining Significance for Climate Change (Guidelines)
for more information on GHG emissions, climate change impact requirements, thresholds of
significance,and compliance with State CEQA Guidelines Section 15183.5.
Moreover,the proposed project is consistent with the County General Plan, as it would support
development of recreational opportunities while preserving habitat within the MSCP area, and the
Scoping Plan, as it would not hinder progress,towards statewide reduction targets,while project
emissions would decrease over the life of the proposed project as State measures are
implemented.
Therefore,the proposed project's incremental contribution to cumulative GHG emissions is
determined to not be cumulatively considerable because emissions are far below relevant
numerical thresholds, and the proposed project is consistent with the CAP, General Plan, and
Scoping Plan.
In March 2018,,several petitioners filed a lawsuit against the County,alleging that the CAP and,in particular,M-GHG-I
were inconsistent with General Plan Goal COS-20 and Policy COS-20.1.in December 2018,the San Diego Superior Court
(Judge Timothy B.Taylor,presiding)issued a writ ordering the approval of the CAP and its EIR to be set aside,and
enjoining reliance on the County CAP's mitigation measure M-GHG-1.(See Judge Taylor's Minute Order,dated December
24.�2018,at page 17.) in January 2019,the County appealed the San Diego Superior Court ruling,which stayed the above
described writ issued by Judge Taylor.Given the current legal uncertainty concerning the County's CAP,the CEQA analysis
prepared for the proposed project did not rely on the CAP to streamline the proposed project's environmental analysis under
State CEQA Guidelines Section 15183.5.Rather,the proposed project's significance determination used the criteria
contained in State CEQ,A Guidelines Appendix G(informed by State CEQA Guidelines Section 15064.4)and,mitigation
strategies(info�rmed by State CEQA Guidelines Section 15126.4(c))that are independent of the CAP.As such,in the event
that the CAP does not withstand judicial scrutiny,the proposed project has undergone a separate,stand-alone analysis fo�r
determining whether the proposed project's GHG emissions would significantly impact the environment.
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Hazards and Hazardous Materials
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
a) Create a significant hazard to the public or the El El E]
environment through the routine transport,use,or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials,substances,or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of 0 N
hazardous materials sites compiled pursuant to
Government Code Section 659,62.5 and,as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan
o�r,where such a plan has not been adopted,within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
f) Impair implementation of or physically interfere with FX-1 �F-1
an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures,either directly or indirectly, FX-1 �F-1
to a significant risk of loss,injury,or death involving
wildland fires?
Discussion
a) Less than Significant Impact. The project would result in construction of abike skills park
within the existing OVRP. Project construction would require the use of materials that are
typically associated with construction activities, such as diesel, fuels, hydraulic 'liquids, oils,
solvents, and paints. However,the proposed project would not result in a significant hazard to the
public or environment because all storage,handling,transport, emission and disposal of
hazardous substances would be in full compliance with applicable regulations such as the Federal
Resource Conservation.and Recovery Act(RCRA), Department of Transportation(DOT)
Hazardous Materials Regulations, and the local Certified Unified Program.Agency(CUPA)
regulations. These regulations provide tracking methods, standards and procedures for the
management of hazardous materials, as well as spill response measures. Because compliance with
these regulations is mandatory, construction activities are not anticipated to create a significant
hazard to the public through use.)transport., or disposal of hazardous materials. Any potentially
hazardous materials found on site would be removed in accordance with state and federal
regulations regarding the transport,use, and storage of hazardous materials. Therefore,the project
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would not create a significant hazard to the public or the environment through the routine
transport,use, or disposal of hazardous materials during construction.
Operation of the project would primarily not require the use of hazardous materials,with the
exception of reapplying soil stabilizers on an as needed basis. The use of all soil stabilizers and
other hazardous materials would be in accordance with all applicable hazardous materials
regulations to ensure that all effects to humans and the environment would be minimized.
Therefore, construction and operational of the project would result in less than significant impacts
related to the use,transport, and disposal of hazardous materials.
b) Less than Significant Impact.Project construction would use typical construction materials,
which would include hazardous materials. Operation of the project would primarily not require
the use of hazardous materials,with the exception of reapplying soil stabilizers on an as needed
basis. As discussed in the response to threshold IX.a, all storage,handling, transport, emission,
and disposal of hazardous substances would be in full compliance with applicable regulations
such as the RCRA, D�O�T Hazardous Materials Regulations, and the local CUPA regulations.
These regulations address, spill response measures in order to reduce potential impacts,on the
public or the environment due to accidental spills. The local CUPA, the DEH HMD, develops and
implements risk management plans and emergency response plans containing procedures to
prevent accidental releases and to appropriately respond if accidental releases occur. Therefore,
due to the low quantity of hazardous materials used during construction and the compliance with
Federal, State and local regulations during construction and operational phases of the project, the
proposed project would result in less than significant impacts related to foreseeable upset and
accidental conditions.
C) No Impact. There are no existing or proposed schools within a 0.25-mile radius of the project
site. Therefore, implementation of the proposed project would not create any impacts associated
with hazardous emissions or handling of acutely hazardous materials, substances, or waste within
0.25 mile of an existing or proposed school. No impact would occur.
d) No Impact. Government Code Section 65962.5 requires the California EPA(Cal EPA)to
develop an annually update the Hazardous Waste and Substances Sites(Cortese)List. A review
of the DTSC EnviroS,tor and SWRCB GeoTracker databases did not identify any open cleanup
sites or hazardous waste facilities within the project site(D�TSC,2019; SWRCB, 2019). The
nearest reported case is a leaking underground storage tank(LUST), cleanup site located
immediately west of the project site, at 1820 Rios Avenue. However,the LUST site is listed as
case closed as of July 19, 1994 and as such does not have the potential to leak hazardous
materials into the project site(SWRCB, 2019). Therefore, as the project site is not listed as an
open cleanup site or hazardous waste facility, no impact would occur.
e) No Impact. The project site is not within 2 miles of a public or private airport or airstrip facility.
The nearest airfield to the project site is Brown Field Municipal Airport, approximately 2.75
miles southeast of the project site. According to the Airport Land Use Commission's (ALUC's)
Brown Field Municipal Airport Land Use Compatibility Plan(ALUCP),the project site is within
the Review Area 2 of the Airport Influence Area for the Brown Field Municipal Airport. Review
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Area 2 consists of locations beyond Review Area I but within the airspace protection and/or
overflight notification areas. Limits on the heights of structures,particularly in areas of high
terrain, are the only restrictions on land uses,within Review Area 2 (ALUC, 2010). The project
does not propose to construct structures that could conflict with the Brown Field Municipal
Airport's ALUCP. As such,the project would not conflict with an ALUCP or any other
ap 1
,plicable rules and regulations that pertain to airports and airport safety or excessive noise.
Therefore, no impact would occur with implementation of the project.
f) Less than Significant Impact. Implementation of the project would occur within parcels that are
already in use as,a recreational area within the OVRP and has been accounted for in existing
emergency and evacuation plans. While construction of the project would generate additional
truck and vehicle trips on surrounding roadways, this increase in trips would be temporary and
would return to similar conditions as in existing conditions. Furthermore, while construction
trucks travel at slower speeds,than passenger vehicles,the presence of construction trucks would
not interfere with normal roadway operations. Operation of the project is not anticipated to
substantially increase the amount of visitors to the s,ite,where roadway conditions would be
similar to existing conditions. For these reasons, implementation of the proposed project would
not impair implementation of or physically interfere with an adopted,emergency response plan or
emergency evacuation plan. Impacts would be less than significant.
g) Less than Slignifficant Impact. The project site is within OVRP, an established regional park,
which abuts a developed urban area. According to the California Department of Forestry and Fire
Protection's(CAL FIRE)Very High Fire Hazard Severity Zones (VHFHSZ) in Local
Responsibility Area Map, a small portion along the eastem boundary of the project site, is located
within a fire hazard severity zone(CAL FIRE, 2009),. In addition., as shown in the City of San
Diego Official VHFHSZ Map,there is a 300-foot brush buffer around the entire OVRP to
minimize wildfire hazards (City of San Diego, 2009). The project would be constructed within
the already established project site,which is currently being used as a recreational area,where
implementation of the project would not increase the existing risk of wildfire at the site as the
brush buffer would remain as it is in existing conditions. Furthermore, stabilization activities
would include the application of pesticides to prevent weed or plant growth on the track, trail and
riding feature surfaces, which would help to minimize the amount of flammable vegetation
onsite. Therefore,the project would not expose people or structures directly or indirectly to a
significant risk of loss, injury, or death from wildfires. Impacts would be less than significant.
References
Airport Land Use Commission, 2010. Brown Field Municipal Airport Land Use Compatibility Plan.
December 20, 2010 Available at
https://www.san.org/DesktopModules/Bring2mind/DMX/Download.aspx?Command—Core—Downl
oad&Entryld-2982&language—en-US&Portalld—O�&Tabld-225,, accessed June 28, 2019.
California Department of Forestry and Fire Protection(CAL FIRE), 2009. Very High Fire Hazard
Severity Zones in Local Responsibilit Area Map, San Diego County. June 12, 2009.
y
City of San Diego, 2009. Official Very High Fire Hazard Severity Zones Map. February 24, 2009.
Available at https://www.sandiego.gov/sites/default/fiIes/Iegacy/fire/pdf``/maps/g,ridO6.pdf, accessed
on June 28., 2019.
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Department of Toxic Substance Control (DTSC), 2019. EnviroStor Hazardous Waste and Substance Site
List, results'for Otay Valley Regional Park, Project Location. June 28,2019. Available at
https-://www.envirostor.dtsc.ca.gov/public/, accessed June 28,2019.
State Water Resources Control Board(SWRCB), 2019. Geotracker, Carlsbad Development Corp
(T0607301178), 1820 Rios Avenue. June 28, 2019. Available at
https-.//geotracker.waterboards.ca.gov/profile—report.asp?global—id—TO�6O�73O�It78, accessed June
28i 2019.
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Hydrology and Water Quality
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
X. HYDROLOGY AND WATER QUALITY
Would the project:
a) Violate any water quality standards or waste El El E]
discharge requirements or otherwise substantially
degrade surface or groundwater q�uality?
b) Substantially decrease groundwater supplies or El El E]
interfere substantially with grou�nd�water recharge such
that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the
site or area,including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces,in a manner which would-
i) result in substantial erosion or siltation on-or off- N 0
site-,
ii) substantially increase the rate or amount of 1:1 1:1 X ED
surface runoff in a manner which would result in
flooding o�n-or offsite;
iii) create or contribute runoff water whiich,would 1:1 1:1 X ED
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
iv) impede or redirect flood fl�ows? 1:1 1:1 X ED
d) In flood hazard,tsunami,or seiche zones,risk release N 0
of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water FX-1 �F-1
quality control plan or sustainable groundwater
management plan?
Discussion
a) Less than Significant Impact. The project would result in construction of abike skills park
within an existing regional park. During construction, exposed soil could temporarily increase the
amount of sediment in runoff,which would enter the existing storm drain system. The project
would be required to obtain and comply with the Construction General Permit from the SWRCB.
Stormwater BMPs would be required tolimit erosion,minimize sedimentation, and control
stormwater runoff water quality during construction activities. It is assumed that thelimits of
disturbance for the proposed project would require a SWPPP. Compliance under the Construction
General Permit and SWPPP would ensure that construction activities would not degrade the
surface water quality of receiving waters to levels that would be below the standards that are
considered acceptableby the San Diego RWQCB or other regulatory agencies.
Once construction is complete, stabilizing products would be used to stabilize the dirt surfaces of
the tracks, I eature surfaces. Specifically, the stabilization activities would
,, trails and riding f
include installation of DSS carpet, application of pesticides to prevent weed or plant growth on
the track.,trail and riding feature surfaces, and application of soil 'binding products to stabilize the
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structure of the soil. These stabilization activities would help long-term maintenance, minimize
air quality impacts, and minimize erosion and dust that could potentially degrade surface or
ground water quality. Installation of the DSS ca1pet and gpplication of other soil stabil
products could slightly increase the area of impervious surfaces in the project site;howev
increase would be negligible and the proJect is not expected to result in increased run-off.
Additionally, drainage would continue to be serviced by the existing storm drain system.
Therefore, impacts to surface water quality would be less than significant with project
implementation.
b,e) Less than Significant Impact. The project would not involve pumping or use of groundwater
during project construction or operation. The project site is currently a disturbed,partially
vegetated park with walking trails which would be converted into a bike skills park. Installation
of the DSS carpet and application of other soil stabilizing products could slightly increase the
area of impervious surfaces in the project site. However, this increase would,be negligible and
would not substantially affect the amount of water infiltrating into the groundwater system. For
these reasons, the proposed project would not substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such that there would be a net deficit in aquifer
volurne or a lowering of the local groundwater table level. Therefore, the amount and quality of
groundwater infiltrating into the groundwater basin with implementation of the project would be
similar to existing conditions. As a result, the project would not conflict with or obstruct
implementation of a water quality control plan or sustainable groundwater management plan.
Impacts related to groundwater quality would be less than significant.
C.i� ii) Less than Slignifficant Impact. Construction of the proposed project would include surficial.
grading activities to construct the new bike skills park. These activities could temporarily alter the
ground surface, consequently altering drainage patterns. Altered drainage patterns have the
potential to result in erosion or sedimentation on or offsite by redirecting or concentrating flows
on-site. However., as described above,the proposed project would be required to comply with the
Construction General Permit and a SWPPP specific to the project site. BMPs would be
implemented to minimize sedimentation at the project site. After the completion of construction,
loose soils areas would be stabilized with DSS carpet and/or stabilizing products. Drainage within
the project site would continue to be serviced by the surrounding existing storm drain system.
Additionally,no stream or river courses,run through the project site that could be affected by the
proposed project. Therefore, impacts on the existing drainage pattern.resulting in siltation/erosio�n
and flooding on-or off-site would be less than significant.
c.iii) Less than Slignifficant Impact. See discussion under Issue X (c)(i, ii) above. Construction of the
proposed project would not result in s,ignificant impacts on the existing drainage pattern due to
implementation of BMPs that would minimize flooding and runoff. After the completion of
construction, loose soils areas would be stabilized with DSS carpet and/or stabilizing products.
Drainage for the site would continue to be serviced by the existing storm drain system. Therefore,
impacts related to runoff exceeding the drainage system capacity would be less than significant.
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c.iv), Less than Significant Impact.According to the Federal Emergency Management Agency's
(FEMA's) Flood Insurance Rate Map the project site is not within the I 00-year floodplain;
however,the Otay River corridor and tributary to the west of the project are classified as special
flood hazard areas subject to inundation by the I percent annual chance of flood(FEMA,2012).
As the project site remains entirely out of the areas designated as special flood hazard areas, there
would be a low potential for flood hazards onsite. Furthermore,because the project site is not
located within a flood zone and does not proposed to construct large structures onsite,the project
would not redirect or impede flood flows (FEMA, 2012). For these reasons, impacts would be
less than significant.
d) Less than Signiricant Impact. The project site is located approximately 5.5 miles east of the
Pacific Ocean. According to the Tsunami Inundation Map,the project site is not in an USGS
Quadrangle that would be at risk of tsunami inundation(CDOC,2017). In addition, the project
site is not located near a body of water, and therefore not at risk by seiche. According to F'EMA's
Flood Insurance Rate Map the project site is not within the I 00-year floodplain; however,the
Otay River corridor and tributary to the west of the project are classified as special flood,hazard
areas subject to inundation by the I percent annual chance of flood(FEMA, 2012). As the project
site remains entirely out of the areas,designated as special flood hazard areas,there would be a
low potential for flood hazards onsite. Thus, impacts related to increased risks from seiche,
tsunami, or flood hazards with project implementation would be less than significant.
References
CDOC, 2019. San Diego County Tsunami Inundation Maps. Available at
https://www.conservation.ca.gov/cgs/tsunami/map�s/San-Diego.
Federal Emergency Management Agency(FEMA), 2012. Flood Insurance Rate Map., San Diego County,
California and Incorporated Areas, Panel 2158 or 23 75. Revised May 16, 2012. Available at
https://msc.fema.gov/portal/search?AddressQuery=47108�/�20&�/�2047�/�20N�/�20CHERRY�/�20ST
%20�Hammond,%20LA#searchresultsanchor, accessed June 28, 2019.
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Land Use and Planning
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
X1. LAND USE AND PLANNING—Would the project:
a) Physically divide an established community? El F-1 0 M
b) Cause a significant environmental impact d�ue to a El El E]
conflict with any land use plan, policy,or regulation
adopted for the purpose of avoiding or�mitigating an
environmental effect?
Discussion
a) No Impact. The proposed project does not propose the introduction of new infrastructure such as
major roadways or water supply systems, or utilities to the area The proposed project would
construct a bike skills park on 3.2—acres within the OIVRP, which is already being used as a
recreational area. Because the project would be developed upon parcels already established in the
OVRP and within the surrounding community,project implementation has no potential to divide
an established community. No impact would occur.
b) Less than Significant Impact. The proposed project is located in the OVRP, which is a
multijurisdictional park managed,by the County of San Diego, the City of Chula Vista, and the
City of San Diego. In 1990, the three jurisdictions entered in a Joint Exercise of Power
Agreement to coordinate planning, acquisition, and design of the OVRP. The project site is under
the City of San Diego jurisdiction but the City of Chula Vista would manage the project.
The project site is specifically located within the City of San Diego's Otay Mesa-Nestor
Community Plan Area and is zoned AR-I-I (Agricultural-Res,idential) and OF-I-I (Open Space-
Floodplain) (City of San Diego, 2008). The project s,ite is,also located within the City of Chula
Vista General Plan, City of San Diego MSCP Subarea Plan, City of Chula Vista Greenbelt Master
Plan, City of Chula Vista Parks,and Recreation Master Plan., and the OVRP Concept Plan and
Trail Guidelines. The project's consistency with these plans is described below.
City of San Diego General Plan
As stated above, the project site is specifically located within the City of San Diego's Otay Mesa-
Nestor Community Plan boundaries and is,designated Open Space/Lo�w Density Residential.
Furthermore, the proj ect site is zoned AR-I-I (Agricultural-Residential) and OF-I-I (Open
Space-Floodplain), and the AR-I-I zone permits active and passive recreation uses. The City of
San Diego�'s Otay Mesa-Nes,tor Community Plan identifies the OVRP as containing outst
scenic,natural and cultural resources and recreational opportunities as a resource-based park.
OVRP will link San Diego Bay to the Otay Lakes with a continuous east-west wildlife corridor
and multipu]rpose trail system,will offer residents and visitors outstanding natural scenic and
cultural features, and provide community and regional recreational and educational opportunities.
The Otay Mesa-Nestor Community Plan also provides strategies for enhancing and preserving the
resources within OVRP1 which include protecting and preserving environmentally sensitive areas,
restoring degraded habitat,and providing active and passive recreational opportunities. The
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project does not propose to alter the existing use or zoning of the project site and would continue
to operate as a recreational facility within the O,VRP, even though the type of recreational use
would be changed. Further,the proposed project would support the vision and strategies
discussed-in the Otgy Mesa-Nestor Community Plan, providing additional active recreational
opportunities and restoring environmentally sensitive habitat. Therefore,the project would remain
consistent with the City of San Diego's General Plan.
City of Chula Vista General Plan
While the project site is under the City of San Diego jurisdiction,the City of Chula Vista would
manage the project. According to the City of Chula Vista's General Plan, the project site
designation is Open Space with a Future Neighborhood Park ovgLlay PTeser-ve,which is intended
for areas included as part of the City of Chula Vista MSCP Subarea Plan for the permanent
conservation of biological resources(City of Chula Vista, 2005). Implementation of the proposed
project maintains the existing use of the OVRP and would maintain the biological resources
currently present onsite, either through avoidance during construction or restoration activities.
Therefore,the project would be consistent with the Open Space with a Future Neighborhood Park
ovqLlay PTesef-ve designation as established by the General Plan.
City of San Diego MSCP Subarea Plan
The City of San Diego MSCP Subarea Plan is designed to identify lands,that would conserve
habitat for federal and,state endangered,threatened, or sensitive species (City of San Diego,
1997). As discussed in the'.R_.�i OP IL ba oA is e%Q&]. Biological Resources, section of this IS/MND, the proposed
project will be located on a portion of three lots. The project site where construction will occur is
located entirely outside the boundaries of the designated MHPA on the three lots. MHPA is
designated for conservation and protection per the City of San Diego MSCP Subarea Plan(1997).
The MSCP Subarea Plan identifies several issues that need to be addressed during the planning of
a project to avoid negative impacts of development on adjacent open space preserve areas in the
MHPA(City of San Diego, 1997)�, including drainage,toxic substances, lighting, no�ise,
invasives, and barriers. As described in the applicable sections of this IS/MND,the proposed
project would result in less than significant impacts related to hydrology and water quality,
hazardous materials, aesthetics, and noise and vibration. Impacts to biological resources,would be
reduced to a less than significant level with implementation of mitigation measures. Therefore,
with mitigation incorporated,the project would be consistent with the City of San Diego MSCP
Subarea Plan.
Otay River Watershed Management Plan
The Otay River Watershed Management Plan(ORWMP) is a multi J uri sdictional comprehensive
plan to address land use changes and water protection in the Otay River Watershed. The intent is
to protect the beneficial uses within the watershed and the San Diego Bay that receives water
from this watershed(City of Chula Vista, et al. 2006). The proposed project is located in the Otay
River Watershed. Proposed construction activities would be conducted in accordance with the
Construction General Permit and the SWPPP prepared for the project, which would protect
watershed resources in accordance the ORWMP. Therefore,the project would be consistent with
the ORWMP.
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City of Chula Vista Greenbelt Master Plan
The City of Chula Vista's Greenbelt Master Plan provides guidance and continuity for planning
open space and constructing and maintaining trails that encircle the city(City of Chula Vista,
2003b). This includes the Chula Vista Bayfront,the Sweetwater River corridor,, Otay Lakes, and
the Otay River Valley. The plan's primary purpose is to provide goals and policies, trail design
standards, and implementation tools that guide the creation of the Greenbelt system. The project
site is identified as a potential active recreation area within the greenbelt, and a future trail is
identified in the vicinity of the project to the north of the Otay River. The project would establish
an active recreation area, which is consistent with this plan. The project would also not preclude
the development of a trail to the north of the river. Thus, the project is consistent with the
Greenbelt Master Plan.
City of Chula Vista Parks and Recreation Master Plan
The Parks &Recreation Master Plan is,the guiding document for the City of Chula Vista's parks
and recreation system. It represents the City's commitment to coMprehensively respond to the
park and recreation fqcili�y demands of the current and future residents and serves as,the blueprint
fo�r future park development(City of Chula Vista 2018). As stated above, the project site
designation is Open Space with a Future Neighborhood Park overlay. The Parks and Recreation
Master Plan defines Neighborhood Parks as intended to serve local residents,range in size from 5
to 15 acres and include open p�lay space,playing fields,plqy equipment and picnic areas.
Neighborhood p�arks typically do not include community centers. These parks,when developed in
accordance with city standards, are eligible for public park credit. The proposed project would
construct a 3.2-acre bike skills park, which includes various areas dedicated to different bike
skills facilities. The skill areas include Kids Park, Pump Track,JuInp Park, Skills Trail, and
Access Trails and Roads. Thus,while the proposed project is 1.8 acres smaller than a typical
Neighborhood Park, it is intended to serve the surrounding neighborhoods and provides plqy
equipment,therefore would be consistent with the Parks and Recreation Master Plan.
Otay Valley Regional Park Concept Plan and Trails Guidelines
The OVRP planning was initiated in 1990 and is a joint planning effort between County of San
Diego and the Cities of Chula Vista and San Diego. The most recent version of the Concept Plan
was accepted by the Otay Valley Regional Park Policy Committee on July 28. 2016. The park
area covers approximately I I miles of the Otay River corridor from the salt ponds near the
Pacific Ocean inland to the Lower and Upper Otay Reservoirs. This corridor includes important
biological, cultural, and hydrologic resources. In addition,the jurisdictions recognized the
recreational value potential and have planned for trails, overlooks, staging areas, and interpretive
centers along the corridor. The Concept Plan is split into five segments, and the project is located
in the Interstate 5 to Interstate 805 segment. The site is identified as Recreation Area in the
OVRP Concept Plan. The project proposes to construct a bike skill park, which would provide
additional recreation opportunities and is consistent with the OVRP Conceptual Plan's
recommended usage. Thus,the project is,consistent with the OVRP Conceptual Plan.
The OVRP planning efforts also include Trail Guidelines (County of San Diego, et al 2003) and
Design Standards &Guidelines(County of San Diego, 2005), which were incorporated in the
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development of the project's concept plan (Figure 3)1. Thus,the project would not conflict with.
these planning documents.
In summary, the proposed project would not conflict with any applicable land use pilan,policy, or
regulation, and impacts would be less than significant.
References,
City of Chula Vista, 2003b. City qf Chula Vista Greenbelt Master Plan. September 16, 2003. Available at
https://www.chulavistaca.gov/departments/development-services/Planning�/chula-vista-greenbelt-
master-plan, accessed June 28, 2019.
City of Chula Vista, 2005. City of Chula Vista General Plan. December 13, 2005. Available at
https://www.chulavistaca.gov/departments/development-services/Planning�/general-plan, accessed
June 28,20 19.
City of Chula Vista, City of Imperial Beach, City of San Diego, County of San Diego, San D�iego Unified
Port District, 2006. Otay Watershed Management Plan. May 2006. Available at
http�s://www.sandiegocounty.gov/content/dam/sdc/dplu/docs/0�5-06FinalDraft—OtayRiverWMP.pdf
, accessed June 28, 2019.
City of San Diego, 2008. City of San Diego General Plan. March 10, 2008. Available at
http�s://www.sandiego.go�v/p�lanning/genplan#genplan, accessed June 28, 2019.
City of San Diego. 1997. City of San Diego MSCP Subarea Plan. Available at
http://www.sandiego.gov/planning/programs/mscp/pdf/subareafullversion.pdf
County of San Diego, 20�O�5. Otay Valley Regional Park Design,Standards and Guidelines. October 27,
20�O�5. Available at
http://www.sdparks.org/content/d,am/sdparks/en/Pdf/Development/O�tay`/`2OValley`/`2ORegional`/`2
O�Park%2ODesign%2OStandards%20%26%2OGuidelines—2005.p,df, accessed June 28, 2019.
County of San Diego, City of Chula Vista, City of San Diego, Otay Valley Regional Park Citizens
Advisory Committee (CAC),DeLorenzo Incorporated, 2003. Otay Valley Regional Park Trail
Guidelines. October 16, 2003. Available at
http://www.sdparks.org/content/dam/sdparks/en/pdf`/Develo�p�ment/OVRP�/�2OTrai'1�/�2OGuidelines.
pdf, accessed June 28, 2019�.
County of San Diego�, City of Chula Vista, City of San Diego, 2016. Otay Valley Regional Park Concept
Plan. December 20, 2016. Available at
http�://www.sdparks.org/content/dam/sdparks/en/pd`f/Devel,opment/O�VRP�/`�2OConcept�/�`20P'lan�/�20
Signed.pdf, accessed on June 28,2019.
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�Mineral Resources
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
XII,. MINERAL RESOURCES—Would the project:
a) Result in the loss of availability of a known mineral El F-1 M 0
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important El F-1 M 0
mineral resource recovery site delineated on a local
general plan,,specific plan,or other land use plan?
Discussion
a) Less than Significant Impact. IMplementation of the prop�osed project would not result in
the loss of availability of a known mineral resource.Valuable mineral resources to the region,
state, and City of Chula Vista include sand, gravel,and crushed rock resources. According to
the City of San Diego's General Plan Conservation Element, the proposed project is
classified as Mineral Resource Zone (MRZ-) 2 (City of San Diego, 20,018). Lands classified as
MRZ-2 are considered areas where adequate information indicates that significant mineral
deposits are present or where it is judged that there is a high likelihood for their presence, and
the location of San Diego's high quality mineral resource areas(City of San Diego, 2007).
The Otay River Valley is known to contain significant deposits of construction quality sand
reserves. However,the proposed project's location within the OVRP would likely impede
any application for mining actives in the proposed,project area. In addition,the site is located
adjacent to residences,the Otay River, and significant biological resources and is not zoned
or designated for mining operations. Per the City of Chula Vista's General Plan,no mining is
envisioned to occur at all within the Chula Vista MSCP Preserve(City of Chula Vista, 2005).
Thus,the proposed project would not result in the loss of availability of a known mineral
resource that would be of value to the region and the residents of the state. Impacts would be
less than significant.
b) Less than Significant Impact.As discussed above under response XII(a),while the site is
mapped as MRZ-2, the site is not available for mining operations. In addition, the project
does not propose any physical structures that would preclude future mining. Thus, the
proposed project would not result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan, specific plan, or other land use plan,
and impacts would be less than significant.
References
City of Chula Vista, 2005. Cit qf Chula Vista General Plan, Environmental Element. December 13
Y
2005. Available at: https://www.chulavistaca.gov/departments/development-
servi ces/pl anning/general-plan, accessed on June 27, 20 19.
City of San Diego, 2007. City qf'San Diego Final Programmatic Environmental Impact Report, City of
San Diego Drafi General Plan, Mineral Resources. September 2007. Available at:
https://www.sandiego.gov/sites/default/files/legacy`//planning/genplan/p,df`/p,eir/3p9�dOmineralresour
cesfinal.pdf, accessed on June 27, 2019.
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City of San Diego, 2008. City of San Diego General Plan, Conservation Element. March 10, 2008.
Available at:
https-://www.sandiego.gov/sites/default`/files/legacy//planning/genplan/p���df/2012/cel2OlOO.pdf,
accessed on June 27,2019.
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Noise
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XIII. NOISE—Would the project result in:
a) Generation of a substantial temporary or permanent El F-1 M 0
increase in ambient noise levels in the vicinity of the
project in excess of standards established in the local
general plan or noise ordinance,or applicable
standards of other agencies?
b) Generation of excessive ground�borne vibration or El El E]
groundborne noise levels?
c) For a project located within the vicinity of a private El El
airstrip or an airport land use plan or,where such a
p�lan has not been adopted,within two miles of a
public airport or public use airport,would the project
expose people residing or working in the project area
to excessive noise levels?
Discussion
a) Less than Slignifficant Impact. The project site area is surrounded by residential,recreational,
open space conservation,public agency lands, and vacant/undeveloped land. 1-805 is located
approximately 620 feet to the east of the project site. In these types of settings, traffic noise is the
primary contributor to ambient noise, although there may be other periodic contributors to noise
such as maintenance trucks traveling in the area, lawnmowers,barking dogs, and other existing
noise sources common to residential and open space areas. According to the Federal Highway
Administration(FHWA)l,highway traffic noise levels,typically range from 70 to 80 dBA at a
distance of 50 feet from the highway(FHWA 2003). At a distance of 620 feet,the noise level
would attenuate to a range of 48 to 58 dBA,based on an attenuation rate of 6 dBA per doubling
of distance. Thus,the existing ambient noise environment is approximately 50 to 60 dBA. The
ambient noise levels would be higher as one moves closer towards 1-805.
The County of San Diego Municipal Code(CSDMC) (County 2017) establishes prohibitions for
disturbing, excessive, or offensive noise, and provisions such as sound level limits for the purpose
of securing and promoting the public health, comfort, safety,peace, and quiet for its citizens
(Chapter 4,Noise Abatement and Control).
Section 36.4,08 of the CSDMC prohibits construction between the hours of 7:00 P.M. and 7:00
A.M. Monday through Saturday, and at any time on Sunday or a holiday(i.e., construction is
allowed Monday through Friday between 7:00 A.M. to 9:00 P.M.; and Saturdays and National
Holidays between 8:00 A.M. to 6:00 P.m.).
Section 36.40�9 of the CSDMC sets a maximum noise level for construction equipment of 75 dBA
for an eight-hour period,between 7:00 A.M.and 7:00 P.M.,when measured at the boundary line of
the property where the noise source is located or on any occupied property where the noise is
being received.
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Project construction would generate noise from the daytime operation of construction equipment
on the project site and from haul truck trips on local roadways accessing and departing the project
site. Project construction would use small-scale construction equipment over a six-month period,
where construction activities would vary from day-to-day and include clearing, grubbing, mass,
grading,rough grading, and fine grading operations, as well as installation of prefabricated bike
skills features using hand tools. The construction activities associated with the surficial. grading
would have the greatest potential to generate noise during construction; however,these activities
would be conducted using small-scale construction equipment and would not occur continuously
over the six-month construction period.
According to the FHWA Roadway Construction Noise Model,which is based on a survey of
heavy-duty construction equipment used for large scale projects,reference construction
equipment noise levels for equipment such as an excavator, dump truck, forklift,and
tractor/loader/backhoe range from an average of 69 to 77 dBA Leq at a distance of 50 feet from
the equipment,taking into account equipment usage factors. Since this project is not a large-scale
project and would use small-scale construction equipment, actual equipment noise levels would
be less than the values listed above.
Due to the use of small-scale construction equipment, the amount of noise generated during
construction would be minimal and would dissipate as distance fro�m the activity increased when
construction equipment was located further away from the site boundaries. Therefore, while
limited amounts noise might be perceivable at the residences that are directly adjacent to the site
during certain construction activities,those construction activities,would occur on an interval
basis and would be intermittent throughout the day depending on the type of construction activity
and distance from the site boundary. In addition,the following BMPs would occur during
construction: the contractor would be required to ensure construction equipment would be
properly installed with functioning noise muffler systems; the contractor would ensure equipment
is operated and maintained in accordance with manufacturer specifications; and the contractor
would stage noise-generating equipment away from noise-sensitive receptors. The BMPs would
ensure that construction noise levels do not conflict with Section 36.409 of the CSDMC sets a
maximum noise level for construction equipment of 75 dBA for an eight-hour period,between
7:00 A.M.and 7:00 P.M.,when measured at the boundary line of the property where the noise
source is located or on any occupied property where the no�ise is being received. Noise generated
by the project would not be substantial enough to exceed any applicable construction noise
threshold.
Once construction is completed,the project would operate similar to existing conditions, where
noise levels at the project site would not substantially increase with project implementation.
Operation of the project would result in recreational activities but would not include any
motorized or stationary mechanical equipment sources of noise. The project would be open from
sunrise to sunset; therefore the project would not generate any operational noise during sensitive
nighttime hours. As a result, operation of the project would not substantially alter the existing
noise environment,which is dominated by traffic noise and other periodic contributors to noise
such as maintenance trucks traveling in the area, lawnmowers,barking dogs, and other existing
noise sources common to residential and open space areas.
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The project site area is surrounded by residential., recreational, op�en space conservation,public
agency lands, and vac ant/undeve loped land. As discussed above,b�ased on 1-805 traffic noise,the
existing ambient noise environment in the project site area is approximately 50 to 60 dBA,which
the higher range occurring during active dUtime hours and the lower range occurring during less
active nighttime hours. The project would result in the development of daytime use access trails
that would be as,close as 52 feet to the nearest residences. However, people who would utilize the
bike skills park would ride through the access trails in a relatively quiet mode,with conversation
expected at a normal voice level of approximately 60 dBA measured at a distance of 3 feet. At a
distance of 60 feet, the voice level would be reduced by 26 dBA,to a level of 34 dBA at the
nearest residence. This anticipated voice levels would be below the daytime ambient noise levels
of Uproximately 60 dBA in the residential neighborhood.
In addition,the Project would have 5 skill trails with distances of qpproximately 89 feet(Skill
Trail 1),, 144 feet(Skill Trail 2), 52 feet(Skill Trail 3),, 132 feet(Skill Trail 4,),, and 80 feet(Skill
Trail 5) from the closest point to the nearest residences to the north. The skill trails,would be used
during daytime hours and users of the skill trails could reasonably be expected to converse with
elevated voices potentially resulting in elevated noise levels in the project site area. The noise
level from users of the skill trails is b�ased on a reasonably conservative estimate of a maximum of
10 b�ikers using the same skill trail at any one time, and 8 people with loud voices with a noise
level of 72 dBA at 3 feet for each person and 2 people shouting with a noise level of 78 dBA at 3
feet each person. Although the skill trails are spread throughout the project site with the majorily
of the trails lo�cated at distances greater than the nearest distances stated ab�ove (i.e.,the majority
of Skill Trails 1, 21 31 4, and 5 are located at distances greater than 89, 144, 52, 132, and 80
respectively),the voice levels are evaluated assuming all persons are located at the shortest
distances for each skill trail to provide a conservative analysis,. Given that noise is measured
based on a logarithmic decibel scale, each doubling of the sound with equal strength equals a 3
dBA increase. Therefore,2 people with loud voices each with a noise level o�f 72 dBA at 3 feet
combines to yield 75 dBA at 3 feet. Four people with loud voices combines to yield 78 dBA at 3
feet. Eight people with loud voices coinbines,to yield 81 dBA at 3 feet. Similarly, two people
shouting each with a noise level of 78 dBA at 3 feet co�mbines to yield 81 dBA at 3 feet. For these
10 people,the combined noise level wo�uld be 84 dBA at 3 feet,based on the conservative
assumption that all 10 people are in the same location and not spread throughout the project site.
Skill Trail 3 is the closest to the residences to the north. At a distance of 52 feet on Skill Trail 3,
the noise level would be reduced by 25 dBA coMpared to the noise level at 3 feet. Therefore, on
Skill Trail 3,the 10 people combined would result in a noise level o�f 59 dBA at the residences 52
feet to the north. On Skill Trail 5, at a distance of 80 feet,the noise level would be reduced
dBA compared to the noise level at 3 feet. Therefore, the 10 people combined would result in a
noise level of 55 dBA at the residences 80 feet to the north. On Skill Trail 1, at a distance of 89
feet,the noise level would be reduced by 29 dBA coMpared to the no�ise level at 3 feet. Therefore,
the 10 people combined would result in a noise level of 55 dBA at the residences 89 feet to the
north. On Skill Trail 4, at a distance of 132 feet, the noise level would be reduced by 33 dBA
I IL
compared to the noise level at 3 feet. Therefore,the 10 people combined would result in a noise
level of 51 dBA at the residences to the north. On Skill Trail 1, at 144 feet,the noise would be
reduced by 34 dBA, and the resulting noise level would be 50 dBA at the residences to the north.
Under a reasonably maximum case scenario of 50 people using the bike skills park at the same
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time, 1.0 peop�le at each skill trail, of which 8 people talk with loud voices(or 40 people
throughout the park) and 2 people shouting(or 10 people throughout the p�ark)�,the combined
noise levels at the nearest residences to the north would be approximately 62 dBA(i.e., 59 dBA+
55 dBA+ 55 dBA+51 dBA+ 50 dBA= 62 dBA). The estimated noise level of 62 dBA at the
nearest residences to the north would be compatible with the daytime ambient noise levels of
qpproximately 60 dBA without the use of the prop�osed bike skills park, While it may be possible
to occasionally hear p�eop�le using the bike skills park,the potential increase in ambient noise level
under the above worst case assumption scenario would not increase the ambient noise leve
more than 3 dBA,which is not a discernable difference in the noise level from existing sources of
noise in the project site area. Therefore, operational noise at the proposed Bike Skills Park would
be less than significant.,
Therefore, impacts related to an increase in noise temporarily or permanently would be less than
significant.
b) Less than Slignifficant Impact. The proposed project does not propose any of the following land
uses that can be impacted by groundborne vibration or groundborne noise levels.
I Buildings where low ambient vibration is essential for interior operation, including research
and manufacturing facilities with special vibration constraints.
2. Residences and buildings where people normally sleep including hotels,hospitals,residences,
and where low ambient vibration is preferred.
3. Civic and institutional land uses including schools, churches, libraries, other institutions, and
quiet o�ffice where low ambient vibration is,preferred.
4. Concert halls for symphonies or other special use facilities where low ambient vibration is
preferred.
Also, the proposed project does not propose any major, new or expanded infrastructure such as
mass transit, highways or major roadways or intensive extractive industry that could generate
excessive groundborne vibration or groundborne noise levels on site or in the surrounding area.
Typically, heavy-duty construction equipment used for demolition, earth-moving, and
compaction for paving would generate localized vibration levels,which, depending upon
distance, could potentially affect structures or annoy people. Similar to noise levels, vibration
levels diminish with increasing distance away from the source(FTA, 2018). Project construction
would use small-scale construction equipment over a six-month period,where construction
activities would vary from day-to-day and include clearing, grubbing,mass,grading,rough
grading, and fine grading operations, as well as installation of prefabricated bike skills features
using hand tools.
All grading activities would be surficial. Due to the use of small-scale construction equipment,
the amount of vibration generated during construction would be minimal and would dissipate as
distance from the activity increased. Therefore, while limited amounts vibration might be
perceivable at the residences that are directly adjacent to the site during certain construction
activities occurring at the closest boundary of the project site,those construction activities would
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occur on a short-term basis and would be intermittent throughout the day depending on the
distance from the site boundary. Construction equipment tend to move through a construction site
area during a construction workday; therefore, construction vibrations would typically not be
concentrated at a single location. Vibration generated by the project would not be substantial
enough to exceed applicable significance thresholds and would not cause structural damage due
to the small construction equipment proposed for project construction.
Once construction is completed,the project would have no potential to generate vibration during
operation as the project would not introduce new sources of vibration to the project site relative to
existing conditions. Operation of the project would not include any motorized or stationary
mechanical equipment sources of vibration. Therefore, impacts related to vibration would be less
than significant.
C) No Impact. The project site is not within 2 miles of a public or private airport or airstrip facility.
The nearest airfield to the project site is Brown Field Municipal Airport, approximately 2.75
miles southeast of the project site. According to the Brown Field Municipal ALUCP,the project
site is within the Review Area 2 of the Airport Influence Area for the Brown Field Municipal
Airport. Review Area 2 consists of locations beyond Review Area I but within the airspace
protection and/or overflight notification areas. Limits on the heights of structures,particularly in
areas of high terrain, are the only restrictions on land uses within Review Area 2 (ALUC,2010).
The project does not propose to construct structures that could conflict with the Brown Field
Municipal Airport's ALUCP. As such,the project would not conflict with an ALUCP or any
other applicable rules and regulations that pertain to airports and excessive noise. Therefore,no
impact would occur with implementation of the project.
References
Airport Land Use Commission,2010. Brown Field Municipal Airport Land Use Compatibilit Plan.
Y
December 20, 20 10. Available at
https://www.san.org/DesktopModules/Bring2mind/DMX/D�ownlo�ad.aspx?Command—Core—Downl
oad&Entryld-2982&language—en-U'S&Portalld—O&Tabld-225,, accessed June 28, 20�19.
Federal,Highway Administration, 2003. Public Roads, Vol. 67 No. 1, JulylA ugust 2003. Available at:
https://www.fhwa.dot.gov/publicatio�ns/publicroads/03jul/06.cfm, accessed September 26, 2019.
Federal Transit Administration, 2018. Transit Noise and Vibration Assessment Manual, Section 7.2.
September 2018. Available at https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-
innovation/I 1813 1/trans it-noi se-an d-vibratio�n-imp act-as se ssment-manual-fta-,report-,no-
0123—O.pdf, accessed July 12, 2019.
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Population and Housing
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XIV.POPULATION AND HOUSING—Would the project:
a) Induce substantial unplanned population growth in an El F-1 0 M
area,either directly(for example,by proposing new
homes and businesses)or indirectly(for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or 1:1 1:1 ED X
h�ousing, necessitating the construction of
replacement housing elsewhere?
Discussion
a,b), No Impact. The project proposes to construct a bike skills park within the existing OVRP. No
residential or commercial development is proposed as p�art of the project; therefore, substantial
unplanned population growth would not occur. Furthermore,the proposed project would not
displace people or housing necessitating the construction of additional housing elsewhere.No
impact would occur.
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Public Services
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XV. PUBLIC SERVICES—
a) Would the project result in substantial adverse
physical impacts associated with the provision of new
or physically altered governmental facilities,need for
new or physically altered governmental facilities,the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the following public
services:
i) Fire protection,? El N
ii) Police protection? X
iii) Scho�ols? F-1 0 rX_1
iv) Parks? 1:1 X
v) Other public facilities? El F-1 0 rX_1
Discussion
a.i) Less than Significant Impact. The proposed project would construct a bike skills park on
existing parcels within the OVRP,which are currently being used as a recreational area. Fire
protection service needs would,remain similar to existing conditions with the implementation
of the project; therefore, impacts would be less than significant.
a.ii), Less than Significant Impact. The proposed project would construct a bike skills park on
existing parcels within the OVRP,which are currently being used as a recreational area.
Police protection service needs would remain similar to the existing conditions with the
implementation of the project; therefo�re, impacts would be less than significant.
a.iii), No Impact.As discussed in Section XIV,Population and Housing,the proposed project
would not induce population growth, either directly or indirectly, in the project area. Since
the project would not have the potential to cause population growth,the project would also
have no potential to affect local school services or capacities. Therefore,no impact would
occur.
a.iv), No Impact. The project proposes to construct a bike skill park on existing parcels within the
OVRP,which are currently being used as a recreational area. Project implementation would
convert an existing recreational area with walking trails into a new bike skills park, and
would not expand the OVRP acreage. Moreover, since the project would not generate
population growth,the project would not necessitate the need for additional parkland within
the area. Therefore,no impact would occur.
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a.v) No Impact. As discussed above, the project proposes to construct a b�ike skills park on
existing parcels within the OVRP, and does not propose the construction of housing or
commercial structures that could result in an increase to the local population. Therefore, the
proposed project would not result in an increased demand requiring the need for new or
physically altered public facilities.No impact would occur.
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Recreation
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XVL RECREATION
a) Would the project increase the use of existing M 0
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities,or
require the construction or expan�sio�n of recreational
facilities which might have an adverse physical effect
on the environment?
Discussion
a) Less than Significant Impact. The project proposes to construct a new bike skills park in an
existing recreational area within the OVRP. The project would create a new bike skills park
where recreational users looking for bicycle-specific equipment and facilities would use this
park in place of other local and regional parks that don't include bicycle-specific equipment
or facilities. Because bicyclists would use this new recreational facility for bicycle-,specific
activities,the project would help to alleviate the use and deterioration of other parks which
lack dedicated bicycle facilities but are still used for these types of bicycle-,related activities.
Moreover,the project does not have the potential to induce population growth, either directly
or indirectly, and as such would not require additional parkland or parks be provided in the
community. Therefore,because the project is adding a recreational facility specific to
bicyclists, the project would be a benefit in the community and would not cause the physical
deterioration of existing parks or other recreational facilities. Impacts would be less than
significant.
b) Less than Significant Impact. The project proposes to construct a new bike skills park in an
existing recreational area within the OVRP. As such,the proposed construction impacts have
been considered throughout the discussion of environmental impacts in this document. As
discussed in.Section I through Section XXI all potential impacts would either be less than
significant or reduced to a less than significant level with implementation of mitigation
measures MM-1310-I I MM-1310-2, MM-1310-3, MM-CUL-I, MM-CUL-,2, and MM-TCR-1.
The proposed project would provide an additional recreational facility in the region,which
would reduce overall demand on the existing regional parks and facilities, thereby reducing
deterioration of existing regional, facilities. Therefore,the proposed project would result in a
I es s-than-signi fi cant impact due to the construction of recreational facilities. Therefore,the
proposed project would be less than significant with mitigation incorporated.
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Transpoftation
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XVII. TRANSPORTATION—Would the project:
a) Conflict with a program,plan,ordinance or policy El F-1 rX_1 0
addressing the circulation,system,including transit,
roadway,bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with CEQA 1:1 1:1 X ED
Guidelines section 15064.3,subdivision(b)?
c) Substantially increase hazards due to a geometric 1:1 1:1 ED X
design feature(e.g.,sharp curves or dangerous,
intersections)or incompatible uses(e.g.,farm
equipment)?
d) Result in inadequate emergency access? El El E]
Discussion
a) Less than Slignificant Impact. Construction of the project is anticipated to occur over a six-
month period and is expected to be complete by Fall 2020. Construction activities would consist
of clearing, grubbing,mass grading,rough grading, and fine grading operations,where all
grading activities would be surficial. Construction of the proposed project has the potential to
affect the transportation system through the hauling of soil,the transport of construction equipment,
the delivery of construction materials,and travel by construction workers to and from the project
site. Construction trucks and vehicles would,use the regional circulation system, including
Interstate(1-) 5 and 1-805, as well as the local circulation system, including Rancho Drive and
Rio�s Avenue.
Construction of the program components would add temporary construction-related traffic to
nearby roadways over the course of construction of the proposed project. While construction of
the project would temporarily generate additional truck and vehicle trips on the regional and local
circulation systems, traffic levels would not substantially increase and would be temporary in
nature as traffic levels would return to pre-construction conditions once construction is complete.
Moreover, due to typical construction start and finish times, construction trips would occur
outside peak traffic periods and would,therefore,not contribute to delays currently experienced
by vehicles traveling through the local and regional circulation systems. Additionally, delivery
and hauling of construction materials to and from the proj�ect site would be scheduled outside of
peak hours to the greatest extent feasible to reduce the effects to the local and regional circulation
systems.
To further decrease effects to existing traffic operations, construction trucks accessing the
program area would use designated truck routes to the extent feasible, which would keep heavy
trucks moving at slower speeds along roadways that have been designed to accommodate these
types of vehicles. While local drivers could experience increased travel times if they were
traveling behind a heavy truck due to slower movement and turning radii comparect to passenger
vehicles, these delays would be intermittent throughout the day, where the majority of these trips,
would occur outside peak hours, and would cease once construction activities are completed. All
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construction trucks traveling on Caltrans facilities would be required to comply with California
Vehicle Code, division 15, chapters I through 5 (Size,Weight, and Load) and California Street
and Highway Code Sections 660-711, as applicable,to minimize impacts to roadway operations,.
No roadway closures are expected to be required during construction of the project.
Once constructed is complete,the new bike skills park would be open year-round from sunrise to
sunset,which is the same as in existing conditions. Park users may access the new facility via
Rancho Drive and existing OVRP trails from the east or from Rios Avenu.e/the Rios Staging Area
and existing OVRP trails from the west. Since the project site is already being used as a
recreational area where the project would convert the type of recreational use onsite, operational
traffic is anticipated to be similar to existing conditions. Moreover,the new bike skills park is
intended to serve the surrounding community,which is reflected in the scale of the project, and as
such, is not anticipated to draw a substantial number of new park users to the site,which would
substantially increase operational trips. Furthermore, no new parking areas are anticipated as part
of the project and therefore,the project in not intended to increase the amount of park users
visiting the site from existing conditions.
In addition,the project would not conflict with policies related to non-motorized travel such as
mass transit,pedestrian or bicycle facilities,. Therefore, the project would not conflict with any
policies establishing measures of the effectiveness for the performance of the circulation system
and impacts would be less than significant.
b) Less than Slignifficant Impact. In accordance with Senate Bill(SB) 743,the new CEQA
Guidelines section 15064.3, subdivision(b)was adopted in December 2018 by the California
Natural Resources Agency. These revisions to the CEQA Guidelines criteria for determining the
significance of transportation impacts are primarily focused on projects within transit priority
areas, and shifts the focus from driver delay to reduction of greenhouse gas emissions,creation of
multimodal networks, and promotion of a mix of land uses. VMT is a measure of the total
number of miles driven to or from a development and is sometimes expressed as an average per
trip or per person.
The newly adopted guidance provides that a lead agency may elect to be governed by the
provisions of this section immediately. Beginning on July 1, 2020,the provisions of this section
shall apply statewide. The City and County of San Diego are currently engaged in this process
and have not yet formally adopted updated transportation significance thresholds or updated
transportation impact analysis procedures. While the regulations of S,B 743 have not been
finalized or adopted by the City or County of San Diego, a qualitative VMT analysis is presented
in this IS/MND for informational purposes. The project would attract park users primarily from
the surrounding community, which would result in low vehicle miles traveled to get to and from
the project site. While some park users,could travel from greater distances to use the new bike
skills park,this type of park user is expected to visit the project site on a more occasional basis
compared to local park users,where the VMT implications would be minimal. As such,the
project is anticipated to result in a less than significant impact with respect to VMT.
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C) No Impact. The project does not propose any improvements or changes to existing roadways and
would be access via existing driveways. In addition,the project would not introduce an
incompatible use, such as farm equipment, onto the surrounding local circulation system, which
could cause a roadway hazard. The project would not result in a new or increase an existing
roadway hazard through a design feature or incompatible use. Therefore, no impact would occur.
d) Less than Significant Impact.As stated in Section IX(f),,the proposed project would not impair
implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation p�lan. Implementation of the project would occur on parcels that are already in use as a
recreational area within the OVRP and has been accounted for in existing emergency and
evacuation plans. While construction of the project would generate additional truck and vehicle
trips on surrounding roadways,this increase in trips would be temporary and would return to
similar conditions as in existing conditions. Furthermore,while construction trucks travel at
slower speeds than passenger vehicles,the presence of construction trucks would not interfere
with normal roadway operations. Operation of the project is not anticipated to substantially
increase the amount of visitors to the site,where roadway conditions would be similar to existing
conditions. For these reasons, implementation of the proposed project would not impair
implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan. Impacts would be less than significant.
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Tribal Cultural Resources
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XVIII.TRIBAL CULTURAL RESOURCES
a) Would the project cause a substantial adverse change
in the significance of a tribal cultural resource,defined
in Public Resources Code section 21074 as either a
site,feature,place,cultural landscape that is
geographically defined in terms of the size and scope
of the landscape,sacred place,or object with,cultural
value to a California Native American tribe,and that
is:
i) Listed or eligible for listing in the California El N E] El
Reg�ister of Historical Resources,or in a local
register of hiistorical resources as defined in Public
Resources.Code Section 5�020.1(k),or
ii) A resource determined by the lead ag�ency,in its
discretion and supported by substantial evidence,
to be sign,ificant pursuant to criteria set forth in
subdivision(c)of Public Resources Code Section
5024.1. In applying the criteria set forth,in,
subdivision(c)of Public Resources Code Section
5024.1,the lead agency shall consider the
significance of the resource to a California Native
American,tribe.
Discussion
a.i, a.ii)Less than Significant Impact with Mitigation Incorporated. Pursuant to AB, 52, California
Native American tribes that are traditionally and culturally affiliated with the area can request
notification of projects in their traditional cultural territory. Consultation was initiated with
culturally affiliated tribes on July 19. Jamul Indian Village, lipay Nation of Santa Ysabel, and
Viej as Band of Kumeyaay Indians requested formal consultation, indicating the project area has
cultural significance to their tribes. Due to tribal requests, as well as,the cultural sensitivity of the
project area as identified in the confidential Cultural Resources Assessment (Appendix B),Native
American monitoring would be required during all ground disturbing activities. Measure MM-
TCR-1 would reduce impacts to less than significant.
MM-TCR-1: Native American Monitoring.DPR, in consultation with the City of Chula V
shall retain a Kumeyaay monitor affiliated with one of the interested tribal group (e.g. Jamul
Indian Village, lipay Nation of Santa Ysabel), as determined during AB 52 tribal consultation,to
monitor all project-related ground disturbance. The Native American monitor shall work in
concert with the archaeological monitor, as outlined in MM-CUL-1, and shall be consulted in the
event of inadvertent discoveries of prehistoric archaeological resources.
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Utilities, and Service Systems
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:
a) Require or result in the relocation or construction of
new or expanded water,wastewater treatment or
storm water drainage,electric power, natural gas,or
telecommunications facilities,the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the
project and reasonably foreseeable future
development during normal,dry and multiple dry
years?
c) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it
has adequate capacity to serve the�project's projected
demand in addition to the provider's existing
commitments?
d) Generate solid waste in excess of State or local
standards,or in excess of the capacity of local
infrastructure,or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal�,state,and local management
and reduction statutes and regulations related to solid
waste?
Discussion
a) No Impact. The project does not propose to construct any structures that would require water,
wastewater, electrical power,,natural gas, or telecommunication facilities. As such,
implementation of the project would not require or result in the relocation or construction of new
or expanded water,wastewater treatment or storm water drainage, electric power,natural gas, or
telecommunications facilities. Therefore,no impact would occur.
b) Less than Significant Impact. The project site currently functions as a passive recreational area
within the OVRP and does not include any irrigation or water features at this time.
Implementation of the project would not change the land use or the function of the site but would
rather convert the type of recreational facility located onsite. Construction of the project would
use a water truck for dust control but no long-term water infrastructure, such as irrigation or water
fountains, would be installed.
After grading and installation of park features,the project proposes to restore 5,0�O�O square feet of
disturbed area back to native vegetation as mitigation for significant impacts to biological
resources. To support the revegetatio�n activities,temporary irrigation/supplemental watering
supplies, which could be either through a water truck or temporary ab�o�ve-ground irrigation
system, would be used onsite. Since the site would be revegetated with native plants,the
supplemental water source would only be used to supplement dry periods during the initial
establishment period, usually during the first three years after replanting. Once the plants have
become established and the habitat determined to be self-sustaining,no further irrigation would
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be necessary so it would be removed. Therefore,the amount of water proposed to be used during
revegetation would be relatively small and would not exceed available water supplies.
Other anticipated maintenance for the project includes refreshes that would be isolated to the
pump track area. The refresh would occur under the maintenance and operations of this,facility,
which is managed by City of Chula Vista. Other maintenance includes general trail maintenance
as needed and maintenance of dirt features on an as-needed basis. Water use during operations
and maintenance of the project would not be required as the DSS carpet and stabilizing products
would be used for trail maintenance, if needed. For these reasons above,the water use during the
restoration period of the project would be able to be accommodated by existing water supplies
and would not substantially increase water demand in the area. Therefore, impacts related to
exceeding water supplies would be less than significant.
C) No Impact. The proposed project would not include any facilities that would generate wastewater
and, as such, implementation of the project would not cause the applicable wastewater treatment
plant to exceed its service capacity. Therefore, no project impacts related to wastewater treatment
requirements would occur.
d, e) Less than Slignifficant Impact. The proposed project would generate green waste during the
construction phase,which would be composted at a local landfill. Once construction is complete,
the new bike skills park would serve the surrounding community as a new recreational facility,
where solid waste generation would be minimal as the amount of park users is anticipated to be
similar to existing conditions. In addition,the project site is within the OVRP and contains
estab�lished waste receptacles currently being maintained by the City of Chula Vista,which would
continue with project implementation. Furthermore, the project would dispose of s,o�lid waste in
accordance with all applicable federal, state, and local regulations related to solid waste. Because
the project is expected to generate minimal solid waste and would comply with all applicable
regulations,the proposed project would have a less,than significant impact related to solid waste.
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Wildfire
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated —Impact No Impact
XX. WILDFIRE—If located in or near state responsibility
areas or lands classified as very high fire hazard
severity zones,would the project:
a) Substantially impair an adopted emergency response El El
plan or emergency evacuation plan?
b) Due to slope,prevailing winds,and other factors, El El
exacerbate wildfire risks,and thereby expose project
occupants to,pollutant concentrations from a wildfire
or the uncontrol�led spread of a wildfire?
c) Require the instal�lation or maintenance of associated El El
infrastructure(such as roads,fuel breaks,emergency
water sources,power lines or other utilities)that may
exacerbate fire risk or that may resu�lt in,temporary or
ongoing impacts to the environment?
d) Expose people or structures to significant�risks, 1:1 1:1 X ED
including downslope or downstream,flooding or
landslides,as a result of runoff,post-fire slope
instability,or drainage changes?
Discussion
a) Less than Significant Impact.As stated in Section IX(f),the proposed project would not impair
implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan. Implementation of the project would occur on parcels that are already in use as a
recreational area within the OVRP and has been accounted for in existing emergency and
evacuation plans. While construction of the project would generate additional truck and vehicle
trips on surrounding roadways,the increase in trips would be temporary and would return to
Similar conditions as in existing conditions atter construction is complete. Furthermore,while
I
construction trucks travel at slower speeas than passenger vehicles,the presence of construction
trucks would not interfere with normal roadway operations. Operation of the project is not
anticipated to substantially increase the amount of visitors to the site,where roadway conditions
would be similar to existing conditions. For these reasons, implementation of the proposed
project would not impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan. Impacts would be less than significant.
b) Less than Significant Impact.As detailed above in Section IX(g), a small portion along the
eastern boundary of the project site, is located within a very high fire hazard severity zone,-,end
th nVAipot
A A%"FL%JJ %I L-1p A%,*A., A L�l L I A V%_P A I ILL,&I a XLII—&I A A VIL A%W —11 W W A%-J%-i V L.'r A LII�Ly A A %-IF"I'A%�A VA A"V Aa"L�l Lf%.W*Ao'A I%.�LJv"Li A A LY I %_J V-91 a&%.&
'he tantine "ITRP. The project wouldbe constructed within the already established project site,
A A%.1 %.d A A V A A%.-I %_f V
which is currentlybeing used as a recreational area,where implementation of the project would
not increase the existing risk of wildfire at the site as the p,ro,,p,,o,,,s,,e,,d project would not preclude
Lll-r-rnw W
maintenance of the adjacent bu,i,,,I,,di,,n,g's brush management zone., and ...A,%.&L�l A,& L.11 LIS&A%.i A oul d f emai n
"aLsp it iLs4n-be an improvement from existing conditions due to operational.weed control activities
that would reduce the amount of fuels on-sites-. Stabilization activities would include the
application of pesticides to prevent weed or plant growth on the track, trail and riding feature
surfaces,which would help to minimize the amount of flammable vegetation on.site. Furthermore,
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the project would not exacerbate wildfire risks, and would not expose people to pollutant
concentrations for a wildfire or the spread of a wildfire. Therefore, impacts would be less than
significant.
C) Less than Significant Impact.Project implementation would use existing infrastructure,
including roads, water sources, and power lines, and the. 100 _rIl-At h
A_Jk/kJ xkllklwll� LJ
hiif'r,ir-S i4ncx thia nrc�iect site implement weed control as part of on-going operations to
L11 L4XILN.Wx L3urround
minimize the risk of wildfire. Project components would be constructed out of soil stabilized with
DSS carpet or stabilizing products or prefabricated components made out of wood and metal. In
addition, since the project would be developed within an area already functioning as a
recreational area,the project would use existing infrastructure in the area, and would not
exacerbate fire risk at the project site. Thus, impacts would be less than significant.
d) Less than Slignifficant Impact.As discussed in Section VII,the project site is classified as
'.(.marginally susceptible"to landslides. In addition,the project site is not located within a flood
hazard zone. As,detailed above in Section X, construction of the project would not result in
significant impacts on the existing drainage pattern due to implementation of BMPs that would
minimize flooding and runoff. Drainage for the site would continue to be serviced by the existing
storm drain system.
Additionally, it is standard operating procedure for DPR agencies to evaluate a park facility after
a natural disaster, such as a wildfire, for possible unsafe conditions (i.e., downed power lines,
fallen/unstable trees,unstable slopes, or washed out trails)prior to reopening the facility to the
public. DPR The City of Chula Vista would also comply with the Uniform Fire Code and
Defensible Space for Fire Protection Ordinance,which require the implementation of best
practices for fire. By complying with these measures,the proposed project would reduce potential
wildfire risks within the project site. Therefore, with implementation of the standard operating
safety procedures and compliance with regulations related to fire risk and protection, the project
would not result in significant direct, or cumulative, impacts related to exposing structures or
people to significant risk associated with pos,t-fire downs,lope flooding or landslides and impacts
would be less than significant.
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�Mandatory Findings of Significance
Less Than
Potentially Significant with Less Than,
Significant Mitigation Significant
Issues(and Supporting Information Sources): Impact Incorporated Impact No Impact
XXL MANDATORY FINDINGS OF SIGNIFICANCE
a) Do�es the project have the potential to substantially rX_1 0 0
degrade the quality of the environment,substantially
reduce the habitat of a fish or wildlife species,cause a
fish or wildlife population to drop below self-sustaining
levels,threaten to eliminate a plant or animal
co�mmunity,substantially red�uce the niumber or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
b) Do�es the project have impacts that are individually rX_1 0 0
limited, but cumulatively considerable?("Cumulatively
considerable 15 means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects,the effects of other
current projects,and the effects of probable future
projects)?
c) Does,the project have environmental effects which will 1:1 N ED ED
cause substantial adverse effects on,hiuman beings,
either directly or indirectly?
Discussion
a) Less than Significant Impact with Mitigation Incorporated. As discussed in Section IV,
Biological Resources, the project would result in temporary biological resource impacts during
construction of the proposed project. Implementation of MM-1310-1, MM-1310-2, and MM-1310-
3 would reduce impacts to less than significant, and ensure that the project would not
substantially reduce the habitat of a fish or wildlue species, cause a fish or wildlife population to
drop below self-sustaining levels.,threaten to eliminate a plant or animal community, or reduce
the number or restrict the range of a rare or endangered plant or animal. As discussed in Section
V, Cultural Resources, implementation of MM-CUL-I and MM-CUL-,2 would ensure that the
project would not eliminate important examples of the major periods of California history or
prehistory.
b) Less than Significant Impact with Mitigation Incorporated. A cumulative impact would occur
if the project would result in an incrementally considerable contribution to a significant
cumulative impact in consideration of past,present, and reasonably foreseeable future projects for
each resource area. As indicated throughout this IS/MND,the project would convert the type of
recreational use on the project site from passive walking trails to a new bike skills park; however,
the project site would still function as a recreational area part of the OVRP. As detailed above,
the project would result in less than significant impacts or would be able to reduce impacts to a
less than significant level with incorporation of mitigation measures. While construction of the
project could overlap with surro�unding cumulative projects, due to the limited construction
activities which would use small, construction equipment,the project would not contribute
significantly to any potential cumulative impacts during construction. Once construction is
completed,the project would operate similar to existing conditions, where the project would not
result in a substantial change from baseline conditions and as such,would not result in significant
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cumulative impacts when consideredin conjunction with other cumulative projects. Furthermore,
the project is located in the OVRP and is, surrounded by development to the west,north, and east
and natural, open space to the south,where no cumulative projects are in the vicinity of the
project site(City of San Diego,2019). Therefore,the project would result in less than significant
cumulative impacts.
C) Less than Significant Impact with Mitigation Incorporated. As discussed above, all identified
potential impacts associated with the project would be reduced to less than significant with
implementation of mitigation measures. No direct or indirect significant and unavoidable impacts
would occur with implementation of the project. As a result,the project would not cause a
substantial adverse effect on human beings, either directly, or indirectly, with implementation of
mitigation measures.
References
City of San Diego, 2019. Capital Improvement Program Prqjeet Seareh Tool. Available:
http�s:Hwww.sandi ego.gov/cip/proj ectinfo, acce s sed on July I O�, 2 0 19.
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Report: Biological Resources Letter Report
Project Name: Otay Valley Regional Park Rios Bike Skills Park
Project Number(s): To be provided by the County
Project Proponent: County of San Diego,Department of Parks &Recreation
Crystal Benham, County of San Diego Department of Par I ks,&Recreation, 5500
Prepared for: Overland Ave, San D�iego, CA; crystal.benham@ sdco untyca.gov-, (858) 9�66-1370
Cailin Lyons, Environmental Science Associates; clyons@esassoc.com; (619) 719-
Prepared by: 4225
Signature of Preparer:
1 . Summary
ES,A, on behalf of the County of San Diego (County)Department of Parks and Recreation(DPR),has prepared
this Biological Resources Report for the proposed Otay Valley Regional Park(OVRP)Rios Bike Skills Park
project(project) located in the City of San Diego,under City of Chula Vista ownership (Figure 1). The project
includes a bike skills park offering a variety of trails and special, features, and would be managed by the City of
Chula Vista. ESA conducted a biological reconnaissance survey on April 26, 2019 and determined that the
project has the potential to result in significant impacts to sensitive vegetation communities and wildlife.
Proposed mitigation to reduce impacts to less than significant includes habitat-based mitigation.
')pre-construction
nesting bird surveys, and noise monitoring during the bird breeding season.
2. Introduction, Project Description, Location,, Setting
This report describes the results of the biological resources survey conducted for the Otay Valley Regional Park
Bike Skills Park project conducted by ESA biologist Cailin Lyons,on April 26, 2019. The proposed project is
located immediately south of Rancho Drive, in the City of San Diego, west of Interstate 80�5 and south of Main
Street(Fligure 1). The proposed project would consist of a park separated into various areas dedicated to different
bike skills facilities, including a kids,park,pump track,jump park, skills trail, and access trails, and roads.
An 18-acre Biological Study Area(BSA), including all areas to be potentially impacted and a 100-foot buffer,
was evaluated to determine the current condition of the biological resources present within and adjacent to the
project(Figures 2 and 3). The BSA occurs within Assessor's Parcel Numbers (APN) 624-070-01, 624-070-26,
624431-66� 624-432-73, 631-0113-33, 631-013-34, and 631-013-37, and is located in Section 24 of Township of
Township 18 South,Range 2 West of the U.S. Geological Survey(USGS), 7.5-minute topographic map,Imperial
Beach quadrangle(see Figure 2). This report provides the necessary biological data and background information
required for environmental analysis according to federal, state and local rules and regulations,including the
California Environmental Quality Act(CEQA) and City of San Diego Multiple Species Conservation Program
(MSCP) Subarea Plan(1997).
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3, Regional Context
The BSA is located within the O�tay River Valley area of the City of San Diego MSCP Subarea Plan "Southern
Area"(City of San Diego 1997). The Otay River Valley is identified as a significant regional corridor and habitat
linkage for the MSCP in this planning area. In addition,portions of the BSA occur within or immediately
adjacent to the City's Multi-Habitat Planning Area(MHPA) (Figure 4)�. The MHPA is the area within which the
permanent MSCP preserve would be assembled and managed for its biological resources. These lands have been
determined to provide the necessary habitat quality, quantity, and connectivity to sustain the unique b,iodiversity
of the San Diego region and are considered by the City of San Diego to be sensitive biological resources.
The MSCP also recognizes the Otay River Valley's location relative to the Otay Valley Regional Park. The park,
as envisioned, will represent one of the major open space areas within the southem area of San Diego County,
linking south San Diego Bay with Lower Otay Reservoir. Planning in this area is guided by the Otay Valley
Regional Park Concept Plan, a multi-jurisdictional planning document adopted by the County of San Diego, City
of Chula Vista, and City of San Diego for coordinated p,lanning, acquisition, and design for the Otay Valley
Regional Park. The Concept Plan provides for the protection of environmentally sensitive areas and important
cultural resources by identifying an open space core/preserve arears,while identifying areas, for active and passive
recreational development opportunities, including a trail system with staging areas,viewpoints and overlooks and
interpretive centers. The BSA is located in Recreation Area 6 identified by the Concept Plan.
4, Habitats and Vegetation Communities
The BSA contains a total of seven vegetation communities and land cover typ�es: southern arroyo willow riparian
forest, coastal and valley freshwater marsh, southern.riparian scrub, alkali seep, disturbed Diegan coastal sage
scrub, disturbed habitat, and urban/developed(Table I and Figure 5)�. The City of San Diego Biology Guidelines
(2012) define sensitive upland habitats into four tiers of sensitivity. Upland vegetation communities that are
classified as Tier I(rare uplands)�, Tier 11(uncommon uplands), or Tier III(common uplands) are considered
sensitive. Tier IV(other uplands)vegetation communities are not considered sensitive. Wetlands do not have an
MSCP tier but are considered a sensitive wetland by local, state, and federal agencies.
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Table I
Vegetation Communities and Land Cover Types Within the Biological Study Area
Existing Acreage
Vegetation Community/Land Cover Type MSGP Tier Within the BSA
Riparian and Wetlands
Southern Arroyo Willow Riparian Forest NA 3.52
(61320)
Coastal and Valley Freshwater Marsh NA 0.,66
(5241 O�)
Southern Riparian Scrub(63300) NA 0.,60
Alkali Seep(45320) NA 0.,14
Uplands
Diegan coastal sage scrub—Disturbed 11 7.65
(32500)
Other Land Cover Types
Disturbed(1 130�0) IV 2.75
Urban/Developed(120010) N/A 2.68
Total Acres N�/A 18.00
Wetlands
Southern Arroyo Willow Riparian Forest(61320)
Southern arroyo willow riparian forest typ�ically consists of closed or nearly closed canopy stands dominated by
arroyo willow associated with perennial streams (Oberbauer et al. 2008). The southern arroyo willow riparian
forest in the BSA occurs in the active floodplain of the Otay River and Poggi Creek and is dominated by stands of
arroyo willow(Salix lasiolepis)and sandbar willow(Salix exigua). Scattered gum tree(Eucalytpus sp.),mulefat
(Baccharis salicifolia), tamarisk(Tamarisk rammosisima), and Mexican fan palm(Washingtonia robusta) also
occur throughout the o�versto�ry. The understory generally contains limited vegetation, including scattered San
Diego marsh elder(Iva hayesiana),poison oak(Toxicodendron diversifolium), and yerba mansa(Anemopsis
californica).
Coastal and Valley Freshwater Marsh(524 IQ)
Coastal and valley freshwater marsh is characterized by closed-canop�y stands of perennial, emergent monocots in
sites that are permanently flooded by freshwater(Oberbauer et al. 20�O�8). Within the BSA, coastal and valley
freshwater marsh is comprised of closed-canop,y stands of b�ulrush(Scirupus sp)interspersed between the
Southern Arroyo Willow Riparian Forest and Southern Riparian Scrub in the Otay River.
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Southern Riparian Scrub (63300)
Southern riparian scrub is typically characterized by desertbroom(Baccharis sarothroides), arroyo willow, and
other willow species in river systems where flood scour occurs (Oberb�auer et al. 2008). Within the BSA,this
vegetation community occurs along the southern edge of the Otay River, and is characterized by desertbroom,
arroyo willow,mulefat, and arrowweed.
Alkali Seep(45320)
Alkali seep is a vegetation community comprised of low-growing perennial herbs forming relatively complete
cover in permanently moist or wet alkaline seeps as part of narrow drainages or springs (Oberbauer et al. 2008).
Within the BSA, the alkali seep is dominated by southwestern spiny rush(Juncus acutus ssp. leopoldii), San
Diego marsh elder, alkali heath(Frankenia salina),pickleweed(Salicornia sp.), and arrowweed. The alkali seep
occurs as a flat on the periphery of the Otay River, which appears to provide a perennial source of soil moisture.
Up�lands
Diegan Coastal Sage Scrub—Disturbed(3250�O�)
Diegan coastal sage scrub is a vegetation community composed of low-growing, soft-woody shrubs that have an
average height of approximately three to four feet(Oberbauer et al. 2008). This community is typlically
dominated by drought-deciduous species and found on sites with low moisture-availability(Ob�erbauer et al.
2008). Within the BSA, the Diegan coastal sage scrub (disturb�ed) contains shrubs typical of Diegan coastal sage
scrub, such as desertbroom, California sagebrush (Artemisia californica)�, Menzies' goldenbush (Isocoma
menziesii), deerweed(Acmispon glaber var.glaber), arrowweed, and single-whorl burrobrush(Ambrosia
monogyra). However,past disturbance within the site is evident, and large, dense patches of non-native species
such as crown daisy(Glebionis coronaria),pineapple weed(Matricaria discoidea), red-stem filaree (Erodium
cicutarium), and shortpod mustard(Hirsc�feldia incana)dominate throughout.
Other Land Cover Types
Disturbed Habitat(11300),
Disturbed Habitat consists of areas that have been physically disturbed and are no longer recognizable as a native
vegetation community but continues to retain a soil substrate(Ob�erbauer et al. 2008). Vegetation is nearly
exclusively comprised of non-native species, including ornamentals or ruderal exotic species (Oberbauer et al.
2008). Within the BSA, the Disturbed Habitat consists primarily of bare ground supporting trails and access
roads,with scattered non-native species such as crown daisy, short-pod mustard, and pineapple weed.
Urb�an/Deve loped(12000)
Urb�an/Deve loped consist of areas that no longer support native vegetation due to physical alteration(Oberbauer
et al. 2008)�. This may include the construction of structures,hardscaping,pavement, and/or landscaping
(Ob�erb�auer et al. 2008)�. Within the BSA,the urban/develop,ed land cover type consists primarily of apartment
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buildings and roads along the northern and western boundary. Landscape/ornamental vegetation occurs scattered
throughout this area and primarily includes gum tree and other ruderal species.
5, SpecalaimStatus Species
Prior to conducting field surveys, a review of publicly available data was conducted to determine the potential for
special-status species to occur within the BSA. The review included data provided by U.S. Fish and Wildlife
Service(USFWS) (USFWS 2019a and 2019b), CND�DB (CDFW 2019), California Native Plant Society(CNPS
2019�), and local databases (SanBIOS 2019)�. During the field survey, habitats were assessed for their potential to
support special-status species and all incidentally observed species were recorded.No focused special-status
species surveys were conducted. All plant and wildlife species observed during the general. survey are presented
in Appendix I and 2,respectively. The occurrence potential of special-status species was evaluated based on the
following criteria:
Present: The species or vegetation community/habitat was observed within the project area and/or immediate
vicinity during surveys, or the species hasbeen previously reported within the project area.
High Potential: The project area and/o�r immediate vicinity provide high quality or ideal habitat(i.e., soils,
vegetation assemblage, and topography) for a particular species and/or there are known occurrences in the
general vicinity of the project area.
Medium Potential: The project area and/or immediate vicinity provides moderately suitable habitat for a
particular species. For example,proper soils may be present,but the desired vegetation assemblage or density
is less than ideal; or soils and vegetation are suitable,but the site is outside of the known elevation range of
the species.
Low Potential: The project area and/or immediate vicinity provides low quality habitat for a particular
species, such as improper soils, disturbed or otherwise degraded habitat, improper assemblage of desired
vegetation, and/or the site is outside of the known elevation range of the species.
Not Expected: The project area and/or immediate vicinity does not provide suitable habitat necessary to
support the species and/or the site is located outside of the known geographic range of the species. Within
suitable habitat, focused protocol surveys and/or botanical surveys conducted during optimal timing(e.g.
flowering period) and climatic conditions (e.g. average to above-average hydrologic year)would preclude the
presence of the species.
Sensitive Plants
A total of four special-status plant species were observed within the BSA: southwestern spiny rush, San Diego
marsh elder, singlewhorl b�urrob�rush, and San Diego viguiera(Figuiera laciniata). A comprehensive list of
sensitive plant species with potential for occurrence within the BSA based on the records search results is
presented in Appendix C, and includes those species with potential for occurrence based on species range and
habitat conditions.
Singlewhorl burrobrush. This species has a California Native Plant Society(CNPS)Rare Plant Rank of 2B.2
(CNP,S 2019),. This species occurs in five distinct patches,totaling 0.22 acre, in the disturbed Diegan coastal sage
scrub in isolated patches adjacent to Poggi Creek in the northwestern portion of the BSA, and well as along the
edges of existing access roads and trails in the southwestern portion of the BSA(see Figure 5),.
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Southwestern spiny rush. This species has a CNP,S Rare Plant Rank of 4.2 (CNP,S 2019). A total of 15 individuals
were observed within the alkali seep and southern arroyo riparian woodland associated within the Otay River in
the southeastern portion of the BSA(see Figure 5).
San Diego marsh elder. This species has a Rare Plant Rank of 2B.2 (CNP,S 2019). This species occurs in a
singular 0.04 acre patch within the alkali seep, with an additional 5 individuals occurring in the southern arroyo
riparian woodland associated within the Otay River in the southeastern portion of the BSA(see Figure 5). This
species has also been reported within one mile of the BSA(CDFW 2019),.
San Diego viguiera. This species has a CNPS Rare Plant Rank of 4.2 (CNPS 2019)�. A total of 5 individuals occur
within the disturbed D�iegan coastal sage scrub in the northern portion of the BSA(see Figure 5).
Sensitive Wildlife
One sensitive wildlife species, Cooper's hawk(Accipiter cooperi), was observed within the BSA. An additional
six wildlife species have high to moderate potential to occur within the BSA: norther harrier(Circus cyaneus),
least Bell's vireo (Vireo belliipusillus), southwestern willow flycatcher(Empidonax traillii extimus), yellow
warbler(Denroica petechia brewsteri),tri-colored blackbird(Agelaius tricolor), coastal California gnatcatcher
(Polioptila califbrnica californica), and orange-throated whiptail (Aspidoscelis hyperythra)�. A comprehensive list
of sensitive wildlife species with potential for occurrence within the BSA based on the records search results is
presented in Appendix D, and includes those species with potential for occurrence based on species range and
habitat conditions.
Cooper's hawk. This species is an MSCP covered species and CDFW watch list species. This species was
observed perching on a utility pole in the southern portion of the BSA(see Figure 5). Suitable trees for nesting
(e.g. gum tree)occur within the southern arroyo willow riparian forest and urban/develop,ed land within the BSA.
This species has also been reported within one mile of the BSA(SanBlO�S 2019)�. No active nests were observed
within the BSA at the time of the survey.
Northern harrier. This species is a state species of special concern and is a covered species under the MSCP. This
species has high potential to occur within the BSA due to suitable nesting habitat within the freshwater marsh and
limited suitable foraging habitat within the disturbed Diegan coastal sage scrub and disturbed habitat on-site. This
species has also been reported within one mile of the BSA(SanBlOS 2019).
Least Bell's vireo. This species is a federally and state endangered and is a covered species under the MSCP. This
species has high potential to occur within the southern arroyo willow riparian forest and southern riparian scrub
along the southern and western portions of the BSA. This species was documented in the southern arroyo willow
riparian forest immediately south of the BSA in a survey conducted by the City of San Diego in 2018 and has also
been reported within one mile of the BSA(Sara Allen pers. comm.; CDF'W 2019; USF'WS 2019a).
Southwestern willow flycatcher. This species is state endangered and is a covered species under the MSCP. This
species has high potential to occur within the BSA due to the presence of suitable nesting habitat within the
southern arroyo willow riparian forest and southern riparian scrub.
Yellow warbler. This species is a state species of special concern. This species has high potential to occur within
the BSA due to the presence of suitable nesting habitat within the southern arroyo willow riparian forest and
southern riparian scrub.
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Tri-colored blackbird. This species is a state species of special concern and is a covered species under the MSCP.
This species has high potential to occur within the BSA due to the presence of suitable nesting habitat within the
coastal and valley freshwater marsh.
Coastal California gnatcatcher. This species is federally threated and a state species of special concern and is a
covered species under the MSCP. This species has high potential to occur within the disturbed D�iegan coastal
sage scrub within the BSA. Areas of the disturbed Diegan coastal sage scrub provide moderate densities of native
shrubs suitable for nesting. This species has also been reported within one mile of the BSA(SanBIOS 2019;
CDFW 2019; USFWS 2019a),.
Orange-throated whiptail. This species is a state species of special concern and is a covered species under the
MSCP. This species has moderate potential to occur within the BSA due to the presence of suitable semi-arid
brushy areas on-site. This species has also been reported within one mile of the BSA(CDFW 20 19).
NestinglMigratory Birds. The project also has potential to support migratory and nesting birds within the entire
BSA. Migratory and nesting birds are protected under the California Fish and Game Code and federal Migratory
Bird Treaty Act.
6,, Jurisdictional Wetlands and Waterways
The biological reconnaissance survey included an evaluation of potential.waters and wetlands under the
jurisdiction of the U.S. Army Corps of Engineers(USACE)under Section 404 of the Clean Water Act(CWA);
the San Diego Regional Water Quality Control Board(RWQCB)under CWA Section 401; and CDFW under
California Fish and Game Code Section 1.600. The southern riparian scrub, southern arroyo willow riparian
woodland, coastal and valley freshwater marsh, and alkali seep asso�ciated with the Otay River and Poggi Creek
are likely considered jurisdictional by USACE, CD�FW, and RWQCB. However, as the project design avoids
impacts to these potentially jurisdictional areas and incorporates a buffer distance of 25 to 50 feet, a formal
delineation to quantify the acreages of potential jurisdictional wetlands and waters in the BSA is not required.
7. Other Unique Features/Resources,
The BSA is located in the Otay River Valley which is considered a regionally significant wildlife movement
corridor per the MSCP,. However,the project impact area consists of a primarily disturbed site up�-slope of the
Otay River,bounded by residential development to the north, east, and west. Due to the site's location on the
periphery of the river valley adjacent to development, habitat within the BSA likely provides for local wildlife
movement but does not provide a throughway for wildlife movement into off-site open space areas.
8. Significance of Project Impacts and Proposed Mitigation
This section discusses direct and indirect impacts to biological resources that are expected to result from the
project. Impacts were evaluated according to the City of San Diego California Environmental Quality Act
Significance Determination Thresholds (City of San Diego 2011). Direct impacts include alteration, disturbance,
or destruction of biological resources; indirect impacts include impacts such as elevated noise and dust levels, soil
compaction, decreased water quality, and introduction of invasive species.
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Habitats and Vegetation Communities
The project would result in a total of 6.77 acres of impacts to vegetation communities and land cover types
outside of the MHPA, including 5.14 acres of disturbed Diegan coastal sage scrub and 1.63 acres of disturbed
habitat(Figure 6). Impacts to disturbed Diegan coastal sage scrub(Tier 11) are considered significant and would
require mitigation. Impacts to disturbed habitat(Tier IV) are considered not significant and would not require
mitigation. Table 2 summarizes the permanent and temporary impacts to the vegetation communities and land
cover types within the project impact area and the required mitigation. Mitigation is intended to reduce the
impacts to a level of less than significant. Mitigation can be accomplished through o�n-site preservation,
restoration or creation; purchase of off-site habitat; or payment of fees into the City's in-lieu fee program or an
authorized mitigation bank.
Table 2
Vegetation Communities and Land Cover Types,Impacts,& Mitigation
�Required
Vegetation Community/Land �Existing Acreage Permanent Temporary Mitigation Mitigation
CoverType Within the BSA Impacts(Acres) Impacts(Acres) �Ratio (Acres)
Riparian and Wetlands
Southern Arroyo Willow 3.52 0.00, 0.010 NA 0.00
Riparian Forest(613201)
Coastal and Valley Freshwater 01.66 0.001 01.010 NA 0.001
Marsh(52410)
Southern Riparian Scrub 0.60 0.00, 0.010 NA 0.00
(633010)
Alkali Seep(453201) 01.14 0.001 01.010 NA 0.001
Uplands
D�ieg�an coastal sage scrub— 7.65 0.78 4.36 1.1 to 1.5-1 7.32*
Disturbed(325001)
Other Land Cover Types
Disturbed(113001) 2.75 0.31 1.32 NA 0.00
U�rban/Developed(120001) 2.68 0.00 0.00 NA 0.001
Total Acres 18.010 1�.09 5.68 7.32
Witigation assumes permanent impacts will be mitigated off-site inside the MiHPA at a ratio of 1:1,totaling 0.78 acre.Temporary impacts will be mitigated on-site
outside of the MHPA,thus requiring a 1.5:1 mitigation ratio,totaling 6.54 acres.Thus,the total mitigation requirement will be 7.32 acres.
Sensitive Plants
The project would avoid impacts to the San Diego marsh elder, southwestern spiny rush, and singlewhorl
burrobrush occurring within the BSA. However, a total of five San Diego sunflower individuals are present
within the project impact area and project construction activities could result in the loss of these individuals. The
loss of these five plants would be less than significant because adequate habitat for this species within the region
is conservedby the MSCP and project impacts are not expected to substantially reduce the viability of this
species population. Therefore,no mitigation is required.
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Sensitive Wildlife
Wildlife. The project may result in direct impacts to small mammals and reptiles with low mobility, including
orange-throated whiptail. While it is anticipated that most mammals,reptiles, and birds will be able to move out
of the way during grading, any project impacts to these species would be less than significant because adequate
habitat for these species is conserved by the MS,CP and project impacts are not expected to substantially reduce
the viability of these species' populations. Therefore,no mitigation is required.
Migratory&Nesting Birds. Direct impacts to migratory and nesting birds,including coastal California
gnatcatcher, could result from the accidental destruction of nests through removal of disturbed coastal sage scrub
and disturbed habitat, if construction were to occur during the general bird breeding season(January 15 and
September 15). Direct impacts to migratory and nesting birds would be considered significant. To reduce these
impacts to a level of less than significant, the following mitigation measure is recommended:
B10-1: Nesting Season Avoidance or Pre-Construction Survey: If construction initiation occurs between
January 15 and September '15, a pre-construction.nesting bird and raptor survey of the project area and an
appropriate buffer of up to 900 feet shall be completed by a qualified biologist prior to vegetation
removal. The pre-construction survey shall be conducted within 10 calendar days prior to the start of
construction activities(including removal of vegetation). If any active nests are detected,the area will be
flagged and mapped on construction plans along with a buffer as recommended by the qualified biologist.
The buffer area(s) established by the qualified biologist will be avoided until the nesting cycle is
complete or it is determined that the nest is no longer active. The qualified biologist shall be a person
familiar with bird breeding behavior and capable of identifying the bird species of San Diego County by
sight and sound and determining alterations of behavior as a result of human interaction. Buffers will be
based on MSCP buffer requirements and/or local topography and line of sight, species behavior and
tolerance to disturbance, and existing disturbance levels, as determined appropriate by the qualified
biologist.
Indirect Impacts. Indirect impacts could result from excessive noise generated during project construction should
grading occur adjacent to occupied habitat in the MHPA during the breeding season for the following species:
coastal California gnatcatcher, least Bell's vireo, southwestern willow flycatcher,tri-colored blackbird,northern
harrier, and Cooper's hawk. Indirect impacts to these species during the nesting season would be considered
significant.
The City of San Diego's Biology Guidelines(2012)requires implementation of an avoidance buffer of 900 feet
for active northern harrier nests and 300 feet for Cooper's hawk nests occurring in the MHPA. Implementation of
measure B10-1 would reduce potential impacts to nesting northern harriers and Cooper's hawks within the
MHPA to less than significant. The City of San Diego's Biology Guidelines (2012)requires noise attenuation for
potentially significant noise-related indirect impacts for coastal California gnatcatcher, least Bell's vireo,
southwestern willow flycatcher,and tri-colored blackbird should construction occur adjacent to occupied habitat
within the MHPA during the breeding season(March I through August 3�0, collectively). To reduce these
impacts to a level of less than significant, the following avoidance and minimization measure is recommended:
B10-2: No clearing, grubbing, grading, or other construction activities shall occur between March I and
August 3�0,until the following requirements have been met:
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Between March I and August 30,no construction activities, shall occur within any portion of the site
where construction activities would result in,noise levels exceeding 60 dB(A)hourly average at the edge
of the MHPA. An analysis showing that noise generated by construction activities would not exceed 60
dB(A)hourly average at the edge of occupied habitat must be completed by a qualified acoustician
(possessing current noise engineer license or registration withmonitoring noise level, experience with
listed animal species),and approved by DPR(or appointed designee) at least two weeks prior to the
commencement of construction activities. Prior to the commencement of construction activities during
the breeding season, areas restricted from such activities shall be staked or fenced under the supervision
of a qualified biologist; or
At least two weeks prior to the commencement of construction activities, under the direction of a
qualified acoustician,noise attenuation measures (e.g.,berms,walls) shall be implemented to ensure that
noise levels resulting from construction activities will not exceed 60 dB(A)hourly average at the edge of
the MHPA. Concurrent with the commencement of construction activities and the construction of
necessary noise attenuation facilities, noise monitoring shall be conducted at the edge of the occupied
habitat area to ensure that noise levels do not exceed 60 dB(A)hourly average. Construction noise
monitoring shall continue tobe monitored at least twice weekly on varying days, or more frequently
depending on the construction activity,to verify that noise levels at the edge of occupied habitat are
maintained below 60 dB (A)hourly average or to the ambient noise level if it already exceeds 60 dB (A)
hourly average. If not, other measures shall be implemented in consultation with the biologist and D�PR
(or appointed designee), as necessary,to reduce noise levels to below 60 dB(A)hourly average or to the
ambient noise level if it already exceeds 60 dB(A)hourly average. Such measures may include,but are
not limited to, limitations on the placement of construction equipment and the simultaneous use of
equipment. If the noise attenuation techniques implemented are determined to be inadequate by the
qualified acoustician or biologist,then the associated construction activities shall cease until such time
that adequate noise attenuation is achieved or until the end of the breeding season(August 30).
Jurisdictional Wetlands and Waterways
The project would avoid direct impacts to any potentially jurisdictional wetlands or waters within the BSA. To
avoid indirect impacts,the project design incorporates a minimum 50-foot buffer from riparian habitats associated
with the Otay River and Po�ggi Creek and a 25-foot buffer from the alkali flat. The project impact area is
topographically separated from these features by slopes, as well as by a trail for portions of the Otay River and
alkali flat occurring south of the site. The project also complies with the MSCP land use adjacency guidelines,
which prohibits drainage into these areas which are partially protected within the MHPA. Thus,potential indirect
impacts to jurisdictional wetlands or waters would be less than significant and no mitigation would be required.
Wildlife Movement and Nursery Sites,
Though it is reasonable to assume that wildlife movement may occur locally within the project impact area, the
project impact area as a whole does not provide a throughway for wildlife species and therefore does not function
as a significant linkage associated with the Otay River Valley regional wildlife corridor. Thus,the project is not
anticipated to interfere with wildlife movement and impacts are considered less significant; no mitigation would
be required.
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Local Policies, Ordinances, and Adopted Plans
The project impact area does not overlap any hardline preserve areas or conflict with any provisions of the
MSCP,. However, a majority of the project site is located directly adjacent or in close proximity to City's MHPA
(see Figure 4)1. Thus,the project is required to comply with the following Land Use Adjacency Guidelines from
the City of San Diego MSCP Subarea Plan(1997) as a condition of proj ect approval:
Drainage
I. All new and proposed parking lots and developed areas in and adjacent to the preserve must not drain directly
into the MHPA. All developed and paved areas must prevent the release of toxins, chemicals,petroleum
products, exotic plant materials and other elements that might degrade or harm the natural environment or
ecosystem processes within the MHPA. This can be accomplished using a variety of methods including
natural.detention basins.) grass swales or mechanical trapping devices. These systems shouldbe maintained
approximately once a year, or as often as needed,to ensure proper functioning. Maintenance should include
dredging out sediments if needed,removing exotic plant materials, and adding chemical-neutralizing
compounds (e.g., clay compounds)when necessary and appropriate.
T'oxics
2. Land uses, such as recreation and agriculture,that use chemicals or generate b�y-p,roducts such as manure,that
are potentially toxic or impactive to wildlife, sensitive species,habitat, or water quality need to incorporate
measures to reduce impacts caused by the application and/or drainage of such materials into the MHPA. Such
measures should include drainage/detention basins, swales, or holding areas with non-invasive grasses or
wetland-type native vegetation to filter out the toxic materials. Regular maintenance should be provided.
Where applicable, this requirement should be incorporated into leases on publicly owned property as leases
come up for renewal.
Noise
3. Uses in or adjacent to the MHPA should be designed to minimize noise impacts. Berms or walls should be
constructed adjacent to commercial, areas, recreational areas, and any other use that may introduce noises that
could impact or interfere with wildlife utilization of the MHPA. Excessively noisy uses or activities adjacent
to breeding areas must incorporate noise reduction measures and be curtailed during the breeding season of
sensitive species. Adequate noise reduction measures should also be incorporated for the remainder of the
year.
Barriers
4. New development adjacent to the MHPA may be required to provide barriers (e.g.,non-invasive vegetation,
rocks/boulders, fences, walls, and/or signage) along the MHPA boundaries to direct public access to
appropriate locations and reduce domestic animal predation.
Invasives,
5. No invasive non-native plant species shall be introduced into areas adjacent to the MHPA.
Grading/Land Development
6. Manufactured slopes associated with site development shall be included within the development footprint for
projects within or adjacent to,the MHPA.
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The Land Use Adjacency Guidelines related to lighting and brush management are not applicable to the project,
as no lighting or brush management zones are proposed as part of the project.
Cumulative Impacts
The geographic scope for cumulative impacts related to biological resources includes the Cities of San Diego and
Chula Vista, as well as the un-incorporated communities in south San Diego County. These jurisdictions are all
participants in the MSCP, which constitutes a subregional plan pursuant to the state of California Natural
Community Conservation Planning Act and an HCP pursuant to Section I 0(a)(1)(b) of the Federal Endangered
Species Act. The MSCP considers biological resource conservation on a sub�-regional scale and therefore serves
as an appropriate measure of cumulative impacts. The City of San Diego's MSCP Subarea Plan, City of Chula
Vista's MSCP Subarea Plan, and the County of San Diego Subarea Plan serve as the local implementation plans
for the sub�-regio�nal MSCP. As such,the MSCP and its Subarea Plans provide mitigation programs to address the
effects of cumulative development. If a project is determined to be consistent with the MSCP and applicable
Subarea Plan, and/or provides appropriate mitigation to ensure the integrity of the plans, its cumulative effects
would not be considered significant. The proposed project would be consistent with both the City of San Diego's
MSCP Subarea Plan,which is the applicable Subarea Plan for the project site, and therefore no significant
cumulative impacts to biological resources would result from implementation of the proposed project.
9. References
California Department of Fish and Game (CD�FW)�. 2019. California Natural Diversity Database. California
Department of Fish and Game, Biogeographic Data Branch. Sacramento, CA. Accessed April 2019�.
California Native Plant Society(CNPS). 2019. Inventory of Rare,Threatened, and Endangered Plants of
California. Accessed at http�://www.rarep�lants.cnps.org/on April 2019.
City of San Diego. 1997. City of San D�iego MSCP Subarea Plan.
http://www.sandiego.gov/planning/p,rograms/mscp/pdf`/subareafullversion.p,df
. 2011. California Environmental Quality Act Significance Thresholds. January 2011.
. 2012. Biology Guidelines. San Diego Municipal Code Land Development Code. Adopted September
28� 1999 and amended April 23, 2012.
Oberbauer,T., M. Kelly, and J. Buegge. 2008. D�raft Vegetation Communities of San D�iego County. Based on
"Preliminary Descriptions of the Terrestrial Natural Communities of California,"Robert F. Holland,Ph.D�.,
October 1986.
SanBIOS. 2019. GIS data from the Regional Data Warehouse, a partnership between SanGIS and SAND�AG.
Accessed April 2019.
U.S. Fish and Wildlife Service(USFW`S). 2019a. Information for Planning and Consultation(IPaC) online tool.
Accessed at https://ecos.fws.gov/ipac/location/index on April 2019�.
12
2020-05-12 Agenda Packet, Page 131 of 3 10
2019b�. Critical Habitat for Threatened and Endangered Species. Accessed at
https://fws.maps.arcgis.com/home/webmap�/viewer.html?web,map�-9d8de5e265ad4fe09893cf75b,8dbfb,77
on April 2019.
101. Preparer and Persons/Oirganizations Contacted
�Prep�ared By:
Cailin Lyons
Senior Biologist
ESA I Biological Resources
550 West C Street, Suite 750
San Diego, CA 92101
619.719.4200 main 619.719.4201 fax
619.719.4225 direct 925.785.2639 cell
clyonsgesassoc.com I www.esassoc.com
Reviewed By:
Barbra Calantas (Co�unty-Approved Biological Consultant)
San Diego Office Director
Biological Resources Director
ESA I Southern California
550 West C Street, Suite 750
San Diego, CA 92 1,0 1,
619.719.4200 main 619.719.4201 fax
619.719.4210 direct 619.203.0688 cell
bcalantasgesassoc.com I www.esassoc.com
1 11 . Appendices
A—Plant Species Inventory
B—Wildlife Species Inventory
C—Spec i al-Status Plant Species
D—Sp�ecial-Status Wildlife Species
13
2020-05-12 Agenda Packet, Page 132 of 3 10
Appendix A
Plant Spec'ies Inventory
2020-05-12 Agenda Packet Page 133 of 3 10
APPENDIX A: FLORAL COMPENDIUM
MAGNOUIDS
Sauruaceae Lizard's-Tail Family
Anemopsis califomica yerba mansa
CERATOPHYLLALES
Scientific Name Common Name
Ceratophyllaceae Hornwort Family
Mesembryanthemum crystallinum common iceplant
Amaranthaceae Amaranth Family
Amaranthus albus tumbling pigweed
Anacardiaceae Sumac Family
Malosma laurina laurel sumac
Rhus in�te�grifolia lemonade sumac
Toxicodendron diversilobum poison oak
Asteraceae Aster Family
Baccharis salicifolia mule fat
Baccharis sarothroides desertbroom
Centaurea melitensis tocalote/Maltese star-thistle
Glebionis coronaria garland daisy
Encelia califomica California encelia
Hazardia squarrosa sawtooth,goldenbush
Isocoma menziesii Menzies'golden bush
Iva hayesiana San Diego marsh elder
Matricaria discoidea pineapple weed
Pluchea sericea arrowweed
Sonchus asper spiny sowthistle
Viguiera laciniata San Diego viguiera
�Boraginaceae Borage Family
Amsinckia in�termedia common fiddleneck
Heliotropium curassavicum salt heliotrope
Brassicaceae Mustard Family
Hirschfeldia incana shortpod mustard
Raphanus sativus cultivated radish
Sisymbrium orientale Indian hed�gemiustard
Otay Valley Regional Park Rios Bike Skills Park Appendix A-1 San,Diego 1702401.019
Floral Compendium July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 134 of 3 10
Appendix A:Floral Compendium
Cactaceae Cactus Family
Cylindropuntia prolifera coastal cholla
Chenopodiaceae Goosefoot Family
Salicomia sp. pickleweed
Salsola tragus prickly Russian thistle
Cucurbitaceae Gourd Family
Cucurbita p,almata coyote gourd
Euphorbiaceae Spurge Family
Euphorbia maculata spotted spurge
Ricinus commu,nis castor bean
Fabaceae Legurne Family
Acmispon glaber var.glaber deerweed
Mefflotus officinalis yellow sweet clover
Frankeniaceae Frankenia Family
Frankenia Salina alkali heath
Geraniaceae Geranium Family
Erodium cicutarium redstern filaree
Lamiaceae Mint Family
Marrubium vulgare horehound
Malvaceae Mallow Family
Malva parviflora cheeseweed
Myrtaceae Myrtle Family
Eucalyptus sp. gum tree
Plurnbaginaceae Leadwort Family
Limonium califomicum western marsh-rosemary
Polygonaceae Buckwheat Family
Eriogonum fasciculatum California buckwheat
Salicaceae Willow Family
Salix exigua sandbar willow
Salix lasiolepis arroyo willow
Solanaceae Nightshade Family
Nicotiana glauca tree tobacco
Solanu,m elaeagnifolium white horse-nettle
Tamaricaceae Tamarix Family
Tamarix ramosissima Mediterranean tamarisk
Urticaceae Nettle Family
Urtica urens dwarf nettle
Otay Valley Regional Park Rios Bike Skills Park Appe�ndix A-2 San Diego 170240.09
Floral Compendium July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 135 of 3 10
Appendix A:Floral Compendium
�MONOCOTYLEDONS
Scientific Name Common Name
Agavaceae Agave Family
Yucca elephantipes giant yucca
Arecaceae Palm Family
Washingtonia robusta Mexican fan palm
Cyperaceae Sedge Family
Scirpus sp. bulrush
Juncaceae Rush Family
Ju,ncus acutus ssp.leopoldii southwestern spiny rush
Poaceae Grass Family
Arundo donax giant reed
Bromus diandrus ripgut grass
Bromus madritensis ssp.rubens foxtail chess
Hordeum murinum glaucous foxtail barley
Pennisetu,m setaceu,m African fountain grass
Polyp,ogon monspeliensis annual beard grass
Otay Valley Regional�Park Rios Bike Skills�Park Appendix A-3 San Diego 170240.09
Floral Compendium July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 136 of 3 10
Appendix B
Wildlife Spec'ies Inventory
2020-05-12 Agenda Packet Page 137 of 3 10
APPENDIX B: FAUNAL COMPENDIUM
REPTILES
Scientific Name Common Name
Phrynosomatidae Zebratail,Earless,Horned,Spiny,F'ringe-Toed Lizards
Sceloporus occidentalis western fence lizard
BIRDS
Scientific Name Common Name
ACCIPITRIFORMES
Accipitridae Hawks
A ccipiter cooperii Cooper's hawk
Buteo jamaicensis red-tailed hawk
Circus cyaneus northern harrier
COLUMBIFORMES
Columbidae Pigeons and Doves
Zenaida macrou'ra mourning dove
Trochilidae Hummingbirds
Calypte anna Anna's hummingbird
PASSERIFORMES
Corvidae Jays and Crows
Corvus brachyrhynchos American crow
Emberizidae Emberizine Sparrows and Allies
Zonotrichia leucophrys white-crowned sparrow
Zonotrichia querula Harris'sparrow
Cardinalidae Buntings,Grosbeaks,and Tanagers
Pheucticus melanocephalus black-headed grosbeak
Fringillidae Finches
Spinus psaltria lesser goldfinch
Otay Valley Regional Park Rios Bike Skills Park A�p�peMix B-1 San Diego 170240.09
Faunal Compendium July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 138 of 3 10
Appendix B:Faunal Compendium
M A M�M A�L E3
Scientific Name Common Name
Leporidae, Hares and Rabbits
Sylvilagus audubonii desert cottontail
Sciuridae Squirrels and Chipmunks
Otospermophilus beecheyi California ground squirrel
Otay Valley Regional Park Rios Bike Skills Park AppeMix B-2 San Diego Project No.170240.09
Faunal Compendium July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 139 of 3 10
Appendix C
Spec'ial=S,tatus Plant S,p�ec'ies
2020-05-12 Agenda Packet Page 140 of 3 10
APPENDIX C: SPECIAL=STATUS PLANT SPECIES WITH
POTENTIAL, TO OCCUR
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
ANGIOSPERMS(DICOTYLEDONS)
Apiaceae Carrot
Family
Eryngium aristulatum San Diego Apr.-Jun. FE CE 113.1 Coastal scrub,valley and San Diego and None
var.p,anshii button-celery MSCP foothill grassland,vernal Riverside. BSA lacks suitable vernal pool
NE pools;grows within San habitat.Species would have be in
Diego mesa hardpan, flower at the time survey was
claypan vernal pools, conducted.
southern interior basalt
flow vernal pools.
20-620 meters.
Asteraceae Sunflower
Family
Ambrosia San D�iego Apr.-Jun. None None 2B.1 Coastal scrub. San Diego and None
chenopodifolia, bur-sage 55-155 meters. Baja California. This species is not expected to
occur within the disturbed Diegan
coastal sage scrub on-site as it is a
perennial species that would likely
have been observed if present.
This species has been reported
within one mile of the BSA(CDFW
2019).
Ambrosia monogyra singlewhorl Aug.-Nov. None None 2B.2 Chaparral,coastal scrub, Riverside,San Observed
burrobrush desert dunes/sandy; Dry, Diego,and Baja This species was,observed in the
sunny grasslands on California. northwestern and southwestern
disturbed sites. portions of the BSA,outside of the
10-500 meters. project impact area.
Ambrosia pumila San D�ieg�o Apr.-Oct. None None 1�B.1 Chaparral,coastal scrub, Riverside,San None
ambrosia MSCP valley and foothill Diego,and Baja This species is not expected to
NE grassland,and vernal California. occur within the disturbed Diegan
pools.Sandy loam and coastal sage scrub on-site as this
clay. species is,a perennial herb that
20-415 meters. would have been in flower and
Otay Valley Regional Park Rios Bike Skills Park Appendix C-1 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 141 of 3 10
Sensitive Plant Species(Continued)
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
apparent at the time surveys were
conducted.
Baccharis vanessae Encinitas Aug.-Nov. FT CE 1 B.1 Maritime chaparral, San Diego. None
baccharis MSCP cismontane woodland; BSA lacks suitable maritime
NE sandstone. chaparral and cismontane
60-720 meters. woodland habitat. Species is also a
conspicuous perennial that would
likely have been observed at the
time of the survey if present.
Ericameria palmeri Palmer's Sep.-Nov. None None 1 B.1 Mesic chaparral and San Diego and None
goldenbus,h MSCP coastal scrub. Baia California. This species is not expected to
30-600 meters. occur within the disturbed Diegan
coastal sage scrub on-site as this
species is a conspicuous perennial
that would likely have been
observed at the time of the survey
if present. This species has been
reported within one mile of the BSA
(CDFW 2019).
Deinandra conjugens Otay tarplant Apr.-Jun. FT CE 1 B.1 Coastal scrub,valley and San Diego and None
MSCp foothill grassland;clay Baja California. This species is not expected to
NE soils. occur within the disturbed Diegan
25-300 meters. coastal sage scrub on-site as
surveys,were conducted at an
appropriate time of year to detect
vegetative and flowering
individuals.This species has been
reported within one mile of the BSA
(SanBIOS 2019).
Iva hayesiana San Diego Apr.-Oct. None None 2B.2 Marshes and swamps, San Diego and Observed
marsh elder playas. Baja California. This species,was,observed within
10-500 meters. the southern portion of the BSA
outside of the project impact area.
This species has also been
reported within one mile of the BSA
(CDFW 2019).
Viguiera laciniata San Diego Feb.-Jun. None None 4.3 Chaparral,coastal scrub; San Diego and Observed
viguiera, grows along slopes and Baja California. A total of 5 individuals were
Otay Valley Regional Park Rios Bike Skills Park Appendix C-2 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 142 of 3 10
Sensitive Plant Species(Continued)
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
ridg�elines. observed within the BSA,inside the
60-750 meters. project impact area.
Cactaceae Cactus
Family
Cylindropuntia snake cholla Apr.-May None None 1�B.1 Chaparral,coastal scrub. San Diego and None
califomica var. MSCP' 30-150 meters. Baia California. Species is a conspicuous perennial
califomica NE stem succulent that would likely
have been observed at the time of
the survey if present.
Ferocactus San D�ieg�o May-Jun. None None 2B.1 Chaparral,coastal scrub, San Diego and None
viridescens barrel cactus MSCp valley and foothill Baja California. Species is a conspicuous perennial
grassland,and vernal stem succulent that would likely
pools. have been observed at the time of
3-450 meters. the survey if present.This species
has been reported within one mile
of the 13SA(CDFW 2019).
Chenopodiaceae Goosefoot
Family
Aphanisma blitoides aphanisma Feb.-Jun. None None 1 B.2 Sandy.Coastal bluff Los Angeles, None
MSCP scrub,Coastal dunes, Orange, This species is not expected to
NE Coastal scrub. Ventura,San occur within the disturbed Diegan
1-305 meters Diego. coastal sage scrub on-site due to
lack of suitable sandy soils.
Additionally,surveys were
conducted at an appropriate time of
year to detect vegetative and
flowering individuals.
Crassulaceae Stonecrop
Family
Dudleya blochmaniae Blochman's Apr.-Jun. None None 1 B.1 Coastal bluff scrub, Los Angeles, None
ssp.blochmaniae dudleya MSCP coastal scrub,valley and Orange,Santa This species is not expected to
NE foothill grassland/often Barbara, occur within the disturbed Diegan
clay. Ventura. coastal sage scrub on-site as,
5-450 meters. surveys were conducted at an
appropriate time of year to detect
vegetative and flowering
individuals.
Otay Valley Regional Park Rios Bike Skills Park Appendix C-3 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 143 of 3 10
Sensitive Plant Species(Confinued)
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
Dudleya variegata variegated Apr.-Jun. None None 1 B.2 Chaparral,cismontane San Diego and None
dudleya MSCp woodland,coastal scrub, Baja California. This species is not expected to
NE valley and foothill occur within the disturbed Diegan
grassland,and vernal coastal sage scrub on-site as,
poo�ls.Clay soils. surveys were conducted at an
3-580 meters. appropriate time of year to detect
vegetative and flowering
individuals.This species has been
reported within one mile of the BSA
(CDFW 2019).
Fabaceae �Legume
Family
Astragalu's tener var. coastal dunes �Mar.-May FE CE 1 B.1 Coastal bluff scrub Los Angeles None
titi milk-vetch MSCP (sandy),coastal dunes, and San Diego. BSA lacks suitable coastal bluff
NE coastal prairie(mesic)�; scrub,coastal dunes,and coastal
often vernally mesic prairie habitat.Species is also a
areas. conspicuous perennial that would
1-50 meters likely have been observed at the
time of the survey if present.
Additionally,surveys were
conducted at an appropriate time of
year to detect flowering individuals.
Lamiaceae Mint Family
Acanthomintha San Diego Apr.-Jun. FT CE 1�B.1 Chaparral,coastal scrub, San Diego and None
ilicifolia thorn-mint MSCP valley and foothill Baja California. This species is not expected to
NE grassland,and vernal occur within the disturbed Diegan
pools.Clay openings. coastal sage scrub on-site as site
520-1370 meters. lacks suitable friable clay lens soils.
Additionally,surveys were
conducted at an appropriate time of
year to detect flowering individuals.
This species has been reported
within one mile of the BSA(CDFW
2019).
Pogogyne abramsii San Diego Mar.-Jul. FE CE 1�B.1 Vernal pools. San Diego. None
mesa mint MSCP 90-200 meters. BSA lacks suitable vernal pool
NE habitat.Additionally,surveys were
conducted at an appropriate time of
year to detect flowering individuals.
Otay Valley Regional Park Rios Bike Skills Park Appendix C-4 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 144 of 3 10
Sensitive Plant Species(Continued)
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
Pogoyyne nudiuscula Otay mesa May-Jul. FE CE 1B.1 Vernal pools. San Diego and None
mint MSCP Baia California. �BSA lacks suitable vernal pool
NE habitat.
Orobanchaceae Broomrape
Family
Dicranostegia 0 rc u tt's b i rd's Apr.-Jul. None None 2B.1 Coastal sage scrub. San Diego,and None
orcuttiana beak MSCP 10-350 meters. Baja California. This species is,not expected to
occur within the disturbed Diegan
coastal sage scrub on-site as
surveys were conducted at an
appropriate time of year to,detect
vegetative and flowering
individuals. This species has been
reported within one mile of the BSA
(CD�FW 2019).
Plantag�inaceae Plantain
Family
Stemodia durantifolia purple Apr.,Jun., None None 2B.1 Sonoran desert scrub. San Diego, None
stemodia Aug.,Sep., �Mesic,sandy creeks and Riverside,Baja BSA lacks suitable sandy creek
Oct., Dec. drainages. California, and drainage habitats.Additionally,
180-300,meters. Arizona,Texas, surveys were conducted at an
and Mexico. appropriate time of year to detect
vegetative and flowering
individuals.This species has been
reported within one mile of the BSA
(CDFW 2019).
Polemoniaceae Phlox Family
Navarretia fossalis spreading Apr.-Jun. FT None 1 B.1 Chenopod scrub, Los Angeles, None
navarretia MSCP marshes and swamps, Riverside,San BSA lacks suitable vernal pool
NE playas,and vernal pools. Diego,San�Luis habitat.Additionally,surveys were
Obispo. conducted at an appropriate time of
year to detect flowering individuals.
Rhamnaceae Buckthorn
Family
Otay Valley Regional Park Rios Bike Skills Park Appendix C-5 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 145 of 3 10
Sensitive Plant Species(Continued)
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
Adolp,hia califomica California Dec-May None None 2B.1 Chaparral,coastal sage San Diego, Baja None
adolphia scrub,valley and foothill California,and Species is a conspicuous perennial
grassland;clay soils. Arizona. that would likely have been
10-740 meters. observed at the time of the survey
if present.This species has been
reported within one mile of the BSA
(CD�FW 2019).
Rosaceae Rose Family
Rosa minutifolia Small-leaved Jan.-Jun. None CE 2B.1 Chaparral,coastal scrub. San Diego and None
rose 150-160 meters. Baia California. Species is a conspicuous perennial
that would likely have been
observed at the time of the survey
if present.This species has been
repo,rted within one mile of the BSA
(CD�FW 2019).
ANGIOSPERMS(MONOCOTYLEDONS)
Agavaceae Agave
Family
Agave shawii Shaw's ag�ave Sep--May None None 2B.1 Coastal bluff scrub, San Diego and None
MSCP coastal scrub,maritime Baja California. This species,is,not expected to
NE succulent scrub. occur within the disturbed Diegan
20-620 meters. coastal sage scrub on-site as it is a
conspicuous perennial species that
would likely have been observed if
present.
Juncaceae Juncus
Juncus acutus ssp. southwestern Mar.-Jun. None None 4.2 Mesic soils in coastal Los Angeles, Observed
leopoldii spiny rush dunes;alkaline seeps in Orange,San A total of 15 individuals were
meadows;coastal salt Diego,Ventura. observed within the BSA,outside
marshes and swamps. of the project impact area.
3-900 meters
Otay Valley Regional Park Rios Bike Skills Park Appendix C-6 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 146 of 3 10
Sensitive Plant Species(Continued)
Local
Common Flowering (CRPR/
Scientific Name Name Period Federal State Other) Preferred Habitat Distribution
Poaceae True Grass
Famil�y
Orcuttia californica California Apr.-Aug. FE SE 113.1 Vernal pools. Los Angeles, None
Orcutt grass MSCP 15-660 meters Riverside,San �BSA lacks suitable vernal pool
NE Diego,Ventura. habitat.Additionally,surveys were
conducted at an appropriate time of
year to detect flowering individuals.
Key to Species Listing Status Codes
fe Federally Endangered se State Listed as Endangered
ft Federally Threatened St State Listed as Threatened
mscp City of San Diego Multiple Species Conservation Plan(MSCP)co�vered species
ne MSCP narrow endemic species
Otay Valley Regional Park Rios Bike Skills Park Appendix C-7 San�Diego /Project�No.170240.09
Special-Status Plant Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 147 of 3 10
Appendix D�
Spec'ial=S,tatus Wildlife Spec'ies
2020-05-12 Agenda Packet Page 148 of 3 10
APPENDIX D: SPECIAL=STATUS WILDLIFE SPECIES WITH
Po" TENTIAL TO OCCUR
Potential for
Occurrence in the
Scientific Name Common Name Federal State MSCP Preferred Habitat Study Area
REPTILES
Teiidae Whiptail Family
Aspidoscelis hyperythra orange-throated whiptail NONE SSC �MSCP Chaparral, non-native grassland, Riversidean Moderate
sage scrub,and juniper and oak woodlands. This species has
Associated with riparian areas and alluvial fan moderate potential to
scrub habitats. occur within the BSA
due to the presence of
suitable semi-arid
brushy areas on-site.
This species has also
been reported within
one mile of the BSA
(CDFW 2019).
BIRDS
Accipitridae Hawks,Kites,Harriers and Eagle
Family
Circus cyaneus northern harrier NONE SSC MSCP Coastal salt marshes,freshwater marshes, High
grasslands,and agricultural fields;occasionally This species has high
forages over open desert and brushlands. potential to occur within
the BSA outside of the
project impact area due
to suitable nesting
habitat within the
freshwater marsh.
Habitats within the
project impact area also
provide limited suitable
foraging habitat.This
species has also,been
Otay Valley Regional Park Rios Bike Skills Park Appendix D-1 San Diego/Project No.170240.09
Special Status Wildlife Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 149 of 3 10
Appendix C: Sensitive Wildlife Species
Potential for
Occurrence in the
Scientific Name Common Name Federal State �MSCP Preferred Habitat Study Area
reported within one mile
of the BSA(SanBl0S
2019)�.
A ccipiter cooperi Cooper's hawk NONE WL �MSCP Fairly common winter visitor in California, but Observed
breeding populations have declined due to loss This species was
of habitat and human disturbance.Nests observed within the
primarily in fairly dense oak and riparian southern portion of the
woodlands and forages over open lands. BSA.Suitable nesting
habitat(e.g.gum trees
[Eucalyptus sp]),is,
located adjacent to the
project impact area
within the southern
arroyo willow riparian
forest and
urban/developed land
within the BSA.This
species has also been
reported within one mile
of the BSA(SanBl0S
2019)�.
Tyrannidae Tyrant Flycatchers
Emp,idonax traillii extimus southwestern willow flycatcher FE SE MSCP Low brushy vegetation in wet areas,especially High
riparian willow thickets. This species has high
potential to occur within
the BSA outside of the
project impact area due
to suitable nesting
habitat within the
southern arroyo willow
riparian forest and
southern riparian scrub.
Vireonidae Vireos
Vireo beffli pusillus least Bell's vireo FE SE �MSCP Found especially in willow and mesquite High
thickets near water. This species has high
potential to occur within
the BSA outside of the
project impact area due
Otay Valley Regional Park Rios Bike Skills Park AppeMix D-2 San Diego /Project No.170240.09
Special Status Wildlife Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 150 of 3 10
Appendix C: Sensitive Wildlife Species
Potential for
Occurrence in the
Scientific Name Common Name �Federal State �MSCP Preferred Habitat Study Area
to suitable nesting
habitat within the
southern arroyo willow
riparian forest and
southern riparian scrub.
This species was
documented in the
southern arroyo willow
riparian forest
immediately south of
the BSA in a survey
conducted by the City
of San Diego,in 2018
and has also been
reported within one mile
of the BSA(Sara Allen
pers.comm.; CD�FW
2019; USFWS 2019a).
Parulidae Wood Warblers
Dendroica petechia brewsteri yellow warbler NONE SSC NONE Riparian woodlands, montane chaparral,open High
po,nderosa pine and mixed coniferous habitat This species has high
with significant brush. potential to occur within
the BSA outside of the
project impact area due
to the presence of
suitable nesting habitat
within the southern
arroyo willow riparian
forest and southern
riparian scrub.
Sylviidae Old World Warblers,
Gnatcatchers
Polioptila califomica califomica Coastal California gnatcatcher FT SSC MSCP Coastal sage scrub vegetation below 2,500 High
feet elevation in Southern California;generally This species has high
avoids steep slopes and dense vegetation for potential to occur within
nesting. the BSA inside the
project impact area due
to,the presence of
suitable native shrubs
Otay Valley Regional Park Rios Bike Skills Park Appendix D-3 San Diego /Project No.170240.09
Special Status Wildlife Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 151 of 3 10
Appendix C: Sensitive Wildlife Species
Potential for
Occurrence in the
Scientific Name Common Name �Federal State �MSCP Preferred Habitat Study Area
for nesting at moderate
densities within the
disturbed Diegan
coastal sage scrub.
This species has also
been reported within
one mile of the BSA
(SanBl0S 2019;CDFW
2019; USFWS 2019a).
Icteridae Blackbird Family
Agelaius tricolor Tricolored blackbird NONE SSC MSCP Highly colonial species. Requires open water, High
protected nesting substrate,and foraging area This species has high
with insect prey within a few kilometers of the potential to occur within
colony. the BSA outside of the
project impact area due
to suitable nesting
habitat within the
coastal and valley
freshwater marsh.
fe Federally Listed as Endangered se State Listed as Endangered
ft Federally Listed as Threatened ssc California Species of Special Concern
rnscp City of San Diego Multiple Species Conservation wl CDFW Watch List
Program(MSCIP)covered species
Otay Valley Regional Park Rios Bike Skills Park Appendix D-4 San Diego /Project No.170240.09
Special Status Wildlife Species with Potential to Occur July 2019
Preliminary—Subject to Revision
2020-05-12 Agenda Packet, Page 152 of 3 10
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202�2-12 Agenda Packet, Page 158 of 3 10
C �Y CO UN Cl L
11
TAT,
AG,ENDIA S EMEN'T
'CITY OF
CHULAVISTA
May 12, 2020 File ID: 20-0051
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2020/21 FUNDED BY SB 1: THE ROAD, REPAIR AND ACCOUNTABILITY ACT OF 2017
RECOMMENDED ACTION
Council adopt the resolution.
SU'MMARY
Pursuant to the Streets and Highways Code (SHC) Section 2034(a)(1), prior to receiving an apportionment
of RMRA funds from the State Controller in a fiscal year,a city must submit to the California Transportation
Commission (CTC) a list of projects proposed to be funded with these funds. Staff is requesting that the City
Council approve the City's RMRA Project List for Fiscal Year 2020-21.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act(CEQA) and has determined that the Project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 153,01 Class 1 (Existing Facilities), Section 15,3012 Class 2
(Replacement or Reconstruction), and Section 15061(b)(3) because it can be seen with certainty that there
is no possib�ility that the activity in question may have a significant effect on the environment. Thus, no
further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DIKUSSION
The Road Repair and Accountability Act of 2,017 (SBI) established the Road Maintenance and Rehabilitation
Account(RMRA) which provided new funds to cities and counties throughout California to use for roadway
maintenance and rehabilitation. S131 increased per gallon fuel excise taxes,diesel fuel sales taxes and vehicle
registration taxes, stabilized the fuel tax rates, and provided for inflationary adjustments to rates in future
years.
Annual Authorization
1111. 0 0 1 Page 1 1
2020-05-12 Agenda Packet, Page 159 of 3 10
The RMRA local streets and roads allocations are intended to be focused on improving the overall condition
of the municipality's pavement condition.Once a municipality reaches an average Pavement Condition Index
(PCI) of 80, other transportation related projects could be proposed. As of March 2020, the City's average
PCI is 73,;therefore,RMRA funds should be utilized specifically for roadway maintenance and rehabilitation.
Prior to receiving RMRA funds in a fiscal year,a city or county must submit to the CTC a pro�je,ct list pursuant
to an adopted budget. The list must include for each project: description, location, schedule, and useful life.
The list along with a Council resolution of approval was originally due to the CTC by May 1, 2020. Due to
COVID-19 pandemic impacts to local agencies, the CTC has extended the date to no sooner than June 10,
202�0.
The proposed project list for FY2020�-21 (Attachment 1) includes 15 street segments consisting of arterial
and collector streets with PCI ratings between 49 to 69. The overall City average PCI is projected to increase
as this project and other paving projects associated with Measure P and TransNet funding are completed.
The current projected RMRA revenues for Chula Vista in FY2020-21 is$5,126,097 (Attachment 2)which will
be programmed with the adoption of the City's FY2020-21 CIP Program. The CTC provided guidance to
proceed with this projection at this time recognizing that the pro�jection will likely need to be reduced once
the impacts due to the COVID-19 pandemic are evaluated.
The RMRA also requires that cities and counties submit an annual report of'pro�ject completion for projects
funded by the RMRA. The annual report will provide details on the pro�jects completed to date and any
updates to the original listing.
The previously proposed and adopted F'Y2,018-19 ST'M0396 and FY2019-20 STM0400 projects are currently
in construction and design phases respectively. The F'Y2,017-18 STM0395 project is now complete.
Maintenance of Effort [Streets and Highways Code§ 203�61
The RMRA contains local agency Maintenance of Effort (MOE) requirement that applies to funds allocated
through the RMRA.Similar to the existing requirements for the Gas Tax and TransNet,the MOE requirement
ensures that these new funds do not supp�lant existing levels of city and county discretionary revenue
spending on streets and roads. For RMRA, cities and counties must maintain discretionary fund spending
for street, road, and highway purposes at no less than the average of 2009-10, 2010-11, and 2011-12 fiscal
years, excluding one-time funds. The RMRA MOE for Chula Vista is $,4,515,412 (Attachment 3). The City
anticipates meeting the MOE requirement for FY202,0-2 1.
The State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller
determines that a city or county has not met its' MOE,the agency will be required to reimburse the state for
the funds it received during that fiscal year,although the agency may expend during that fiscal year and the
following fiscal year a total amount that is sufficient to comp�ly.Any funds withheld or returned as a result of
a failure to comply will be reapportioned to the other counties and cities whose expenditures are in
compliance.
Page 12
2020-05-12 Agenda Packet, Page 160 of 3 10
Due to this requirement,the City estab�lished a separate account for RMRA funds within the,Gas Tax Account.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor Salas and
Councilme,mber Galvez have property holdings within 1,,000 feet of the boundaries of the property which is
the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of
existing streets, water, sewer, storm drainage or similar facilities, and the member's property will not be
affected disproportionately to other properties receiving the same services. Consequently, pursuant to
California Code of Regulations Title 2, sections 18700 and 18702,.2(d)(1)),,this item does not present a real
prop erty-related conflict of interest under the Political Reform Act(Cal. Go�v't Code§ 87100.,e,t 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.
CUR.R,EN"r,YEAR FISCAL IMPACT
Funding of $5,126,097 and any remaining funds from previously completed RMRA projects will be
programmed as part of the FY2020-21 CIP Program. Therefore, there is no additional impact to the RMRA
Fund.
ONGOING FISCAL IMPAcr
Upon completion of the project, the improvements will require only routine City street maintenance. Since
the improvements are anticipated to increase the life of the streets included,there should be a positive long-
term fiscal impact.
A"I'TACtIMEN"rs
1. RMRA Project List for Fiscal Year 2020-21
2. Local Streets and Roads-Projected Revenues
3. RMRA MO�E FY10 through FY12
Staff Contact: Patrick Moneda, Senior Civil Engineer
Page 13,
2020-05-12 Agenda Packet, Page 161 of 3 10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA VISTA ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2020/21 FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill I (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 20 17) was passed by the Legislature and signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB, I includes accountability and transparency provisions that will ensure the
residents of our City are aware of the projects proposed for funding in our community and which
projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,
which must include a description and the location of each proposed project, a proposed schedule
for the project's completion, and the estimated useful life of the improvement; and
WHEREASI the City, will receive an estimated $5,126,097 in RMRA funding in Fiscal
Year 2020-21 from SB I- and
WHEREAS, this is the fourth year in which the City is receiving SB I funding and will
enable the City to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS,the City has undergone a robust public process to ensure public input into our
community's transportation priorities and the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB I project
list to ensure revenues are being used on the most high-priority and cost-effective projects that also
meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB I will help the City maintain. and rehabilitate 15 street
segments this year, and hundreds of similar projects into the fature; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the City's streets and roads are in a " good'�' condition and this revenue will help City
increase the overall quality of its road system and over the next decade will bring City streets and
roads into an " excellent" condition; and
2020-05-12 Agenda Packet, Page 162 of 3 10
0
WHEREAS, the City's RMRA project list for Fiscal Year 2020-21 consists of arterial and
collector streets with PCI ratings between 49, to 69 (Exhibit A, which is attached hereto and
incorporated herein); and
WHEREAS, the SB I project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS, HEREBY RESOLVED, ORDERED AND FOUND by the
City Council of the City of Chula Vista, State of California, as follows:
I. The foregoing recitals, are true and correct.
2. The City of Chula Vista adopts the attached list of proposed projects (Exhibit A) to be
funded in-part or solely with fiscal year 2020-21 Road Maintenance and Rehabilitation
Account revenues.
3. Previously proposed and adopted projects(Exhibit A)may utilize fiscal year 2020-21 Road
Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of
these projects in the adopted fiscal year resolution, the City of Chula Vista is reaffirming
to the public and the State our intent to fund these projects with Road Maintenance and
Rehabilitation Account revenues.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
2020-05-12 Agenda Packet, Page 163 of 3 10
ATTACHMENT 1
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1111 Z,Zff MI
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MIS"C 111111111-IL11A VISPi
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PROJECT NAME: RMRA Major Pavement Rehabilitation— FY2020/21 (STIVINEW)
PROJECT DESCRIPTION: Project inc,ludes street overlays and street reconstruction on various streets i'n the City.
The �major rehabilitation treatments are based on the recommendations of the City's
Pavement Management System.
PROPOSED SCHEDULE: Construction 07/2021—12/2021
EST. USEFUL LIFE: 7-10 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PCI FISCAL
Classification, YEAR
CORRAL CANYON RD PORT RENWICK E H ST Collector 49 FY20/21
E ST BROADWAY FOURTH AVE Collector 54 FY20/21
E ST SECOND AVE E FLOWER ST Collector 49 FY20/21
F ST SECOND AVE HILLTOP DR Collector 67 FY20/21
E H ST CORRAL CANYON RD EASTLAKE DR Arterial 64 FY20/21
E H ST EASTLAKE DR MOUNT MIGUEL RD Arterial 59 FY20/21
INDUSTRIAL B�L L ST NAPLES ST Collector 56 FY20/21
INDUSTRIAL B,L ADA ST MAIN ST Collector 61 FY20/21
E ORANGE AV HILLTOP DR MELROSE AV Arterial 69 FY20/21
ORANGEAV TH I RD AVE ALBANY AVE Arterial 54 FY20/21
OTAY LAKES RD RIDGEBACK RD E H ST Arterial 60 FY20/21
OXFORD ST BROADWAY FIFTH AVE Collector 59 FY20/21
SECOND AV C ST E ST Collector 54 FY20/21
SECOND AV IST L ST Collector 51 FY20/21
THIRD AV Park Way(Bricks) G ST Collector 54 FY20/21
JURISDICTION AVERAGE NETWORK PCI: 73 as of 3/25/2020
PROJECT LEAD: William S.Valle
Off ice: (6191)409-5976,
..e i..�.n a i I...............W V..a I I................@
................................. ......................................e.. .......�.b..gj a v i s t a c a ggy
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 79, 80
2020-05-12 Agenda Packet, Page 164 of 3 10
ATTACHMENT 1
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PROJECT NAME: RMRAN Major Pavement Rehabilitation— FY2019/20 (STM0400)
(IN PROGRESS- DESIGN PHASE)
PROJECT DESCRIPTION: Project inc,ludes street overlays and street reconstruction on various streets i'n the City.
The �major rehabilitation treatments are based on the recommendations of the City's
PROPOSED SCHEDULE: Construction 06/2019—12/2019
EST. USEFUL LIFE: 20-25 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PCI FISCAL
,Classification YEAR
C ST FIFTH AVE FOURTH AVE Collector 45 FY19/20
E H ST HILLTOP DR 1 -805 FREEWAY SB Arterial 44 FY19/20
E H ST SWC ENTRANCE OTAY LAKES RD Arterial 50 FY19/20
J S�T TH I RD AVE SECOND AVE Collector 50 FY19/20
MAIN ST(WB only) W CITY LIMITS (15 SB) 1-5 FREEWAY RAMP (15 NB)1 Arterial 50 FY191/20
NAPLES ST DEL MAR AVE 223 NAPLES ST Collector 49 FY19/20
OTAY LAKES RD RUTGERS AV OTAY RANCH M HOME PAR Arterial 49 FY19/1/U
OXFORD ST FIRST AVE TOBIAS D,R Collector 49 FY19/20
PASEO DEL REY DOUGLAS ST TELEGRAPH CANYON RD Collector 45 FY191/20
THIRD AV ANITA ST MAIN ST Collector 44 FY19/20
OXFORD ST TOBIAS DR HILLTO,P DR Collector 23 FY19/20
JURISDICTION AVERAGE NETWORK PCI: 74 as of 3/28/2019
PROJECT LEAD: William S.Valle
Off ice: (6191)409-5976,
..e i..�.n a i I...............W V..a I I................@
................................. ......................................e.. .......�.b..gj a v i s t a c a ggy
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 79, 80
2020-05-12 Agenda Packet, 2 Page 165 of 3 10
ATTACHMENT 1
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PROJECT NAME: RMRA Major Pavement Rehabilitation—FY2019/20 (STM0400)
(IN PROGRESS,- DESIGN PHASE)
PROJECT DESCRIPTION: Project includes street preservation on various streets in the City. The minor
rehabilitation treatments are based on the recommendations of the City's Pavement
PROPOSED SCHEDULE: 11/2019,—091/2020
EST. USEFUL LIFE: 20-25 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PC] FISCAL
Classifigalign, YFAR
GRETCHEN RD N DENNIS AVE S DENNIS AVE Residential 73 FY191/20
FEATHER RIVER RD POPPY HILLS DR HIDDEN VALLEY AVE Residential 74 FY19/20
FOREST MEADOW CT WCDS S GREENVIEW D,R Residential 74 FY19/20
STEAMBOAT SPRINGS CT WCDS ECDS Residential 74 FY19/2�O
LEE Cl MARTIN PL OWEN DR Residential 74 FY19/20
MARTIN PL N CDS LE,E Cl Residential 74 FY19/20
OWEN DR N CDS LEE Cl Residential 74 FY19/20
KELSO CT WHITAKER AV E C D S, Residential 7'4 FY19/20
SIPES Cl BIERNACKI CT WHITAKER AV Residential 74 FY19/20
WHITAKER AV SIPES Cl DIAMOND DR Residential 74 FY19/20
CAMINO MOJAVE AVE N I DA ALTAM I RA AVENIDA LORETTA Residential 74 FY191/20
PLAZA CAPOTE N C DS, CAMINO ATAJO Residential 74 FY19/20
VERANO, DR E J ST CAMINO ATAJO, Residential 74 FY19/20
FIRST AV GLENHAVEN WY PALOMAR ST Residential 74 FY19/20
STONE GATE ST HUNTE PW DUNCAN RANCH RD Residential 74 FY191/20
D ST FIRST AVE CORTE MARIA AVE Residential 74 FY19/2�O
CUYAMACA WY E RIENSTRA ST RIVERA PL Residential 74 FY19/20
RIVERA PL CUYAMACA WY HELIX WY Residential 74 FY19/20
RIOS AV OTAY VALLEY RD S END Residential 74 FY19/20
NEPTUNE DR MONTCLAIR ST E NAPLES ST Residential 74 FY19/20
2020-05-12 Agenda Packet, 3 Page 166 of 3 10
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E MANKATO ST Residential
E SAN MIGUEL DR Residential
MCINTOSH ST Residential
DISCOVERY FALLS DR WINDINGWALK ST Residential
0 GARRETT AVE Residential
HIBISCUS CT OLEANDER AV 10 94 1 Residential
ELMHURST ST Residential
Residential
0 Residential
ELMHURST ST OTAY LAKES RD 120 oil�01 om LT4 Residential
TWIN OAKS Cl TWIN OAKS CL TWIN OAKS AVE Residential
w I Residential
PASEO MAGDA Residential
Residential
I'll,ml*quql Residential
0 Residential
W,ww" E,WHITNEY ST Residential
DEL COiRRO PL DEL CERRO CT Res I dential
AVENIDA ANTONIO CALLE CATARINA CALLE FERNAN�DiO Residential
AVENIDA GABRIEL CAL,LE LA MARINA CAL,LE FERNANDO Residential
p 0 m SILVER OAK PL 10110 Residential
VALLEJO MILLS ST MOUNT BULLION DR POLO PEAK DR Residential
9 SHOWRO10M PUG RARD GT- Residential
WOODLAWN AV CHULA VISTA ST Residential
Residential
Residential
�SHOWROOM PiL Residential
STONE GATE ST YOSEMITE DR Residential
', m
STONE GATE ST DUNCAN RANCH RD ADIRONDACK PL Residential
SANDALWOOD DR EUCALYPTUS DR 1'.101olkirm"11111 Residential
CAL,LE LA MARINA CIRCULO CORONADO MOUNT MIGUEL RD Residential
Residential
OLEANDER AV Residential
COLDBROOK CT CROSSCREEK RD Residential
Residential
HORIZON VIEW DR 9 Residential
LAKESHORE DR EASTLAKE DR EASTSHORE TE Residential
p MONTEREY AV Residential
CAMINO ATAJO 0 0 0 0 Residential
CAMINO CALABAZO LTJ rmil 1 IT4 1000101 F."I",M Residential
PLAZA AMPARADiA CAMINO CALABAZO Residential
PLAZA ELENA 10 1:94 0 VIA ESCALANTE Residential
ALVARADO ST Residential
PRESIDIC) POINT CT Residential
Residential
Residential
MONTGOMERY ST Residential
VALENCIA LP CALLE SANTIAGO CALLE SANTIAGO Residential
b 220FT E/O ELM AV Residential
BRIGHTWOOD AV 103641 Residential
DAVIDSON ST EAST PARK LANE AVE Residential
0 p w S SIR 1111 01 Residential
BIERNACKI CT D 0 Residential
p m 0 PASE01 ROSAL Residential
CAMINO MOJAVE AVENIDA ALTAMIRA Residential
*L COiRRO CT TERRA NOVA DR Residential
PLAZA GARDENIA VIA ESCALANTE Residential
ATTACHMENT 1
Road Name Begin Location End Location Functional PC] FISCAL
Classification YEAR
SANTA VENETIA ST WINDCHIME DR HEATHERWOOD AV Residential 76, FY19�/20
DONAHOEST HILLTOP DR CUYAMACA AV Residential 77 FY19/20
MYRA AV E JAMES ST E MILLAN ST Residential 77 FY19/20
SIERRA VERDE RD FALCON PEAK ST CO R RAL VIEW AV Residential 77 FY19/20
QUAILSPRINGS CT SANTA DELPHINA AV NE CDS Residential 77 FY19�/20
JURISDICTION AVERAGE NETWORK PCI: 74 as of 3/28/2019
PROJECT LEAD: William S.Valle
Office: (619)409-5976
e-maik WVall 1@chulavistac v
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 791p 80
2020-05-12 Agenda Packet, 6 Page 169 of 3 10
ATTACHMENT 1
e�l
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C Vim A
liutfAl 6111111, 1 5
PROJECT NAM�E: RMRA Major Pavement Rehabilitation—FY2018/19 (STM396)
(IN PROGRESS-CONSTRUCTION PHASE),
PROJECT DESCRIPTION: Project includes street overlays and street reconstruction on various streets in the City.
The �major rehabilitation treatments are based on the recommendations of the City's
PROPOSED SCHEDULE: 11/2018—091/2019,
EST. USEFUL LIFE: 20-25 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PCI FISCAL
Classification (2018) YEAR
E NAPLES ST CRESCENT DR MEDICAL CTR D,R Collector 37 FY18/19
THIRD AV N FOURTH AV D ST Collector 37 FY18/19
NAPLES ST FOURTH AV THIRD AV Collector 37 FY18/19
OXFORD ST TOBIAS DR HILLTO,P DR 7_011ector 37' F718/19
THIRD AV L ST NAPLES ST Collector 39 F Y 18 '191
F ST FOURTH AV THIRD AV Collector 40 FY18/19
THIRD AV ORANGEAV ANITA ST Collector 39 FY18/19
L ST THIRD AV FIRST AV Collector 41 FY18/19
FIRST AV H ST IST Collector 43 FY18/19
HILLTOP DR TELEGRAPH CEYNRED E LST Collector 44 FY18/19
HI 6
1
EE]CITY LIM IT @ WILLOW ST Arterial
IST SECOND AV HILLTOP DR Collector 46 FY18/19
BONITA RD ALLEN SCHOOL RD q46FY18/19
JURISTICTION AVERAGE NETWORK PCI: 74 as of 3/28/2019
PROJECT LEAD: William S.Valle
Office: (619)409-5976
e-maik WVall 1@chulavistac V
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 791p 80
2020-05-12 Agenda Packet, 7 Page 170 of 3 10
Local Streets and Roads m Projected Revenues
2019-20 2020-21
Estimated.7anuary 2020 Hwy Users Tax TCRF Loan Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL
Account Kepayment Rehab Acct Account Rehab Acct
SAN DIEGO COUNTY i�
...........
CARLSBAD 27806,325 129,556 2)123,096 53,058)977 21902,038 21176,539 59078,576_
CHULA VISTA 67589,289 3059126 5,010�0,230 111,894,645 61814,707 51126,097 11 1,940,804
CORONADO 608,045 275765 454,995 1,09078015 628,556 466,448 1,09570015
............... ............... ...............
DEL MAR 113,618 51004 82,001 2001623 117)315 84,065 201,380
EL CAJO,N 2157'1)'795 1185671 �1,1944;'723 4,635,189, 2)6595466 �1,7993;676 4165,3,1142
ENCINITAS 1 754�7)819 '71,264 1 1 1673840 2178&,924 13600,467 1 1 1973237 2,797,7014
ESCONDIDO 37714,653 171 5 712 2)8131925 631700)290 318415509 2)884)'757 67726)267
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................-------------------- ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
IMPERIAL BEACH 6751683 305858 50�5,677 11,2,121218 6989480 518,406 11,2,161886
LA MESA 1 7485,565 68,375 1)1201493 276747433 11536,079 1)148,698 276847777
LEMON GROVE 6�69,869 30,588 50,112,156 112011713 692)467 513,873 11206,340
NATIONAL CITY 11521)585 701047 �1,7147';888 21739�1520 1)5'735334 �1,717'6;,782 21750,1117
OCEANSIDE 41327)068 200,135 3�,2793698 7,80&,901 434'741922 3�13623255 7783TY177
POWAY 172313220 56,571 927,050 2 512 14)841 12735013 950,386 23223)399
SAN DIEGO 347435,839 115979035 26,171,332 621,204,205 35,6159685 26,830,119 62,445,805
SAN MARCOS 27395112,9 110,588 11812,261 473,177978 21476,828 11857,880 4733477018
SANTEE 174271138 65,663 1,0176,056 21568,858 15475)649 1 11013,143 21578,792
................................................................................ .......
SOLANA BEACH 3,45)304 15,664 256;689 6 17,1657' 3565876 26�3;150 620,,0127'
VISTA 274�85)269 114,656 1�18783916 4147&,841 23569,973 1��926,3212 41496,186,
County of San Diego 6070951666 216915083 37)745,958 1005532)707 63,4095784 397219,1164 10236287948
Total Ci'ti'es & County: Sa�n Diego 12970461879 518805360 910,010 1 084 2245,9137,323 134,7175 150 9,21798,888 2275,516,038
SAN FRANCISCO - City Allocation 207257,431 993)663 16,283,602 37,534,696 20,991)523 161693,494 37,685,0117'
SAN FRANCISCO - Cou�nty Allocation 11 74�917951 5341407 7,0495,751 19,522,1019 12)1271249 7,0788,307 197915��556
Total Sa�n Francisco 3 1 1749 1 383 11528,070 23,7793353 57705&,805 337118,772 24�14813801 57760G,573
mmkv��
ESCALON 192,103 85730 143,055 343,888 1989552 146,656 345,209
LATH RO P 604,870, 289034 459,398 11092,302 62'59581 470,962 11096,543
LODI 1 7 64,11536 76,753 t257)781 27976,�071 11698,239 t2891442, 2798T�682
MANTECA 21011)642 941188 �1,7543;505 31649�133,5 2)0 15226 �1,7 582�359 31663�1584
RIPON 405,251 18,677 306,063 729,991 419,049 3131,767 732,816
S,TO C KTO,�N 77565,578 355,714 5�18293251 1317501543 73828,370 5�1975,986 13,804,356
TRACY 2,226,870, 1049328 1 170�9,663 4,040,861 213039945 1 1752,699 41,056,644
County of San Joaquin `181150,371 7949360 1`1 1141,940 30,086,671 19,1499457 `1`1 1576,804 30,726,261
Total Cities&County: San Joaq�uin 327981222, 1)480,783 22�3901658 567669�662 34,304,418 23,1081675 577413,2094
January 2020 r Ca(iform.1 aCl`ty F1'V1161KCe.00m1 Page 15 of 21
2020-05-12 Agenda Packet, Page 171 of 3 10
Maintenance of Effort m General Fund for Streets & Roads m Estimated Unofficial
Road Maintenance and Rehabifita tion Account per Streets&Hwys Code Sec 2036 '
revised est:0810712017 Streets and Roads Annual Report - Reported General Fund for Street Purposes
FY2009-10 FY20�10-11 FY2011-12 Average Adjustment RMRA M.O.E.
LSAN DIEGO COUNTY
..................................................................................................................................................................
CARLSBAD 7)768,758 8164,3)205 9,484,234, 3,2;0 81632,066
...............
CHULA VISTA 4)28415,81 4;845)643 4,7416;0 13 4151514 12
............... ..... ------------------------------- ----------- ...........................................................................................
.......... ............... ............... ............... ...................... ................................ ...
CORONADO M307992 1)467)113 1,12981946 111 17 1)2997017
�DEL MAR 5571690 439,548 54613 514,536 514,536
6
------------
�EL CAJON 2)562,928 1 17101408 110,78,316 210 7813 16
0
............................................................................................................................................................................................................................................................ ............... ............... ............... .................. ............... ............... ..............."I'l""I'll""I'll'll""I'll"",',,",',,"",',,""II...............
ENCINITAS 2)983,335 41715)373 417343352 4)7347352
In n 550621,891
ESCONDIDO 5)534,227 41750)613 L03)832 5106,2)891
IMPERIAL BEACH 283,836 279,745 7%164 4&70)915 27019 15
LA MESA 2)8151965 3,0501,420 3714T%L9 3 7 T%h2,7.9 310021,275
LEMON GROVE 247,142 271)524 38613 9 30 301,668
NATI 0...........N..........A......L..........C.....I....T....Y --------------------------------------------------------------- 7 3,-,-,,8 5...........4............................................................................................................................................. 2 74 44 Ni 2,744100
4)2,801)36 1 y8'7'8)084, I I
OCEANSIDE 11621 1465 11986)767 64)757 2, 24,1330 212247330
1;�Z7 763 1,1309,212 11 8;650 113881650
�POWAY 1)378,976 IZ*
1 6 '7101 30,01617 10
24330 2�224�330
;650 38 1650
SAN DIEGO, 32)01315,64 34)" 926 1
SAN MARCOS 5127'7),365 5A 5,59 wl',�-11'457;331 514577331
............
SANTEE 720,361 6A
r 78 14 716,814 7167814
8910,605 890,605
SOLANA BEACH 716,800 1 0934)373
VISTA 31263,167 4&. 7 83 40 27W,790 371 O�4,701 311041,7'01�
Ly i I ZT11 i to&*41SX616111 1w Im
SAN FRANCISCO 34,06 74 30,858,152 IV53,357 30,690)'761 30,6901,76,1
uggew"s IJIM us 1411
ESCALON 1 2,25, 238,194 316)641 3161641
LATH RO P 661ML 01 221253 2211253
13 1%
LOD�I 1)1291,948 11382)1 1�0631781 191,947 1 1917947
MANTECA 1)5131358 1716 .................. 768,606 11 124;227 111241 27-
�RIPON 63,839 (1�52 2) 2 0 87')946 2 87,946
.........................
STOCKTON 22),388 0 (1 81097X2) 2 907)463 2 9,0714�63
TRACY 3671397 56 433,812 490,988 49019�88
ARROYO G1 1533' 9 1)313)030 11645)843 A31)971 114313,971
ATASCADERO 11' 87)596 38,160 280)945 2801,945
EL PASO DE ROBLE 1)26315 11317)288 771.17218 17117)521 151177521
GROVER BEACH % 01 0 0 0 0
MORRO BAY 1'087 307,516 402)324 299)642 299,642
PISM�O BEACH 4 )141�4 540)340 64,7)868 558)874 558,874
SAN LUIS OBISPO 7 1079 71549,275 97858,855 812681'736 81268,736
9PAtNTq'?xAdAgwqtA, 17 Ca 1---1*11414cexom p P.4 ge7 I�0 1107
EXH I B,IT A
5_�
rd), 'r I?
C`[T V[1`04��
C 111111111-IL11A VISPi
I A
PROJECT NAME: RMRA Major Pavement Rehabilitation— FY2020/21 (STIVINEW)
PROJECT DESCRIPTION: Project inc,ludes street overlays and street reconstruction on various streets i'n the City.
The �major rehabilitation treatments are based on the recommendations of the City's
Pavement Management System.
PROPOSED SCHEDULE: Construction 07/2021—12/2021
EST. USEFUL LIFE: 7-10 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PCI FISCAL
Classification, YEAR
CORRAL CANYON RD PORT RENWICK E H ST Collector 49 FY20/21
E ST BROADWAY FOURTH AVE Collector 54 FY20/21
E ST SECOND AVE E FLOWER ST Collector 49 FY20/21
F ST SECOND AVE HILLTOP DR Collector 67 FY20/21
E H ST CORRAL CANYON RD EASTLAKE DR Arterial 64 FY20/21
E H ST EASTLAKE DR MOUNT MIGUEL RD Arterial 59 FY20/21
INDUSTRIAL B�L L ST NAPLES ST Collector 56 FY20/21
INDUSTRIAL B,L ADA ST MAIN ST Collector 61 FY20/21
E ORANGE AV HILLTOP DR MELROSE AV Arterial 69 FY20/21
ORANGEAV TH I RD AVE ALBANY AVE Arterial 54 FY20/21
OTAY LAKES RD RIDGEBACK RD E H ST Arterial 60 FY20/21
OXFORD ST BROADWAY FIFTH AVE Collector 59 FY20/21
SECOND AV C ST E ST Collector 54 FY20/21
SECOND AV IST L ST Collector 51 FY20/21
THIRD AV Park Way(Bricks) G ST Collector 54 FY20/21
JURISDICTION AVERAGE NETWORK PCI: 73 as of 3/25/2020
PROJECT LEAD: William S.Valle
Off ice: (6191)409-5976,
..e i..�.n a i I..............W V..a I I................@
................................. ......................................e.. .......�.b..gj a v i s t a c a ggy
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 79, 80
2020-05-12 Agenda Packet, Page 173 of 3 10
EXH I B,IT A
v;,STA,
PROJECT NAME: RMRAN Major Pavement Rehabilitation— FY2019/20 (STM0400)
(IN PROGRESS- DESIGN PHASE)
PROJECT DESCRIPTION: Project inc,ludes street overlays and street reconstruction on various streets i'n the City.
The �major rehabilitation treatments are based on the recommendations of the City's
PROPOSED SCHEDULE: Construction 06/2019—12/2019
EST. USEFUL LIFE: 20-25 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PCI FISCAL
,Classification YEAR
C ST FIFTH AVE FOURTH AVE Collector 45 FY19/20
E H ST HILLTOP DR 1 -805 FREEWAY SB Arterial 44 FY19/20
E H ST SWC ENTRANCE OTAY LAKES RD Arterial 50 FY19/20
J S�T TH I RD AVE SECOND AVE Collector 50 FY19/20
MAIN ST(WB only) W CITY LIMITS (15 SB) 1-5 FREEWAY RAMP (15 NB)1 Arterial 50 FY191/20
NAPLES ST DEL MAR AVE 223 NAPLES ST Collector 49 FY19/20
OTAY LAKES RD RUTGERS AV OTAY RANCH M HOME PAR Arterial 49 FY19/1/U
OXFORD ST FIRST AVE TOBIAS D,R Collector 49 FY19/20
PASEO DEL REY DOUGLAS ST TELEGRAPH CANYON RD Collector 45 FY191/20
THIRD AV ANITA ST MAIN ST Collector 44 FY19/20
OXFORD ST TOBIAS DR HILLTO,P DR Collector 23 FY19/20
JURISDICTION AVERAGE NETWORK PCI: 74 as of 3/28/2019
PROJECT LEAD: William S.Valle
Off ice: (6191)409-5976,
..e i..�.n a i I...............W V..a I I................@
................................. ......................................e.. .......�.b..gj a v i s t a c a ggy
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 79, 80
2020-05-12 Agenda Packet, 2 Page 174 of 3 10
EXH I B,IT A
h A A
ir
I IpIII �11 AI
01II
U1,
IN
LA TA'
Cifl �11 V
PROJECT NAME: RMRA Major Pavement Rehabilitation—FY2019/20 (STM0400)
(IN PROGRESS,- DESIGN PHASE)
PROJECT DESCRIPTION: Project includes street preservation on various streets in the City. The minor
rehabilitation treatments are based on the recommendations of the City"s Pavement
PROPOSED SCHEDULE: 11/2019,—091/2020
EST. USEFUL LIFE: 20-25 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PC] FISCAL
Classifigalign, YFARIIIIIIIIIIIIIIIIIIIIIIIII
GRETCHEN RD N DENNIS AVE S DENNIS AVE Residential 73 FY191/20
FEATHER RIVER RD POPPY HILLS DR HIDDEN VALLEY AVE Residential 74 FY19/20
FOREST MEADOW CT WCDS S GREENVIEW D,R Residential 74 FY19/20
STEAMBOAT SPRINGS CT WCDS ECDS Residential 74 FY19/2�O
LEE Cl MARTIN PL OWEN DR Residential 74 FY19/20
MARTIN PL N CDS' LE,E Cl Residential 74 FY19/20
C
OWEN DR N CDS LEE Cl Residential 74 FY19/20
KELSO CT WHITAKER AV E CDS Residential 7'4 FY19/20
SIPES Cl BIERNACKI CT WHITAKER AV Residential 74 FY19/20
WHITAKER AV SIPES Cl DIAMOND DR Residential 74 FY19/20
CAMINO MOJAVE AVE N I DA ALTAM I RA AVENIDA LORETTA Residential 74 FY191/20
PLAZA CAPOTE N C DS, CAMINO ATAJO Residential 74 FY19/20
VERANO, DR E J ST CAMINO ATAJO, Residential 74 FY19/20
FIRST AV GLENHAVEN WY PALOMAR ST Residential 74 FY19/20
STONE GATE ST HUNTE PW DUNCAN RANCH RD Residential 74 FY191/20
D ST FIRST AVE CORTE MARIA AVE Residential 74 FY19/2�O
CUYAMACA WY E RIENSTRA ST RIVERA PL Residential 74 FY19/20
RIVERA PL CUYAMACA WY HELIX WY Residential 74 FY19/20
RIOS AV OTAY VALLEY RD S END Residential 74 FY19/20
NEPTUNE DR MONTCLAIR ST E NAPLES ST Residential 74 FY19/20
2020-05-12 Agenda Packet, 3 Page 175 of 3 10
0
wE A.
ili,ill,i 11 iffillij ill 1 i 1;
'well lull I
JI
lift
OEM @moll N-Alk
E MANKATO ST Residential
E SAN MIGUEL DR Residential
MCINTOSH ST Residential
DISCOVERY FALLS DR WINDINGWALK ST Eel 10 Eel a IM 1111 Residential
GARRETT AVE Residential
HIBISCUS CT OLEANDER AV 10,to]0 Residential
ELMHURST ST Residential
Residential
Residential
ELMHURST ST OTAY LAKES RD 120:3�01 om FAR LVA Residential
TWIN OAKS Cl TWIN OAKS CL TWIN OAKS AVE Residential
p 1111 Residential
PASEO MAGDA Residential
Residential
Residential
Residential
E,WHITNEY ST Residential
DEL COiRRO PL DEL CERRO CT Res I dential
AVENIDA A�NTONIO CALLE CATARINA CALLE FERNANDO Residential
AVENIDA GABRIEL CAL,LE LA MARINA CAL,LE FERNANDO Residential
IN 0 m SILVER OAK PL 101101 Residential
VALLEJO MILLS ST MOUNT BULLION DR POLO PEAK DR Residential
0 9 SHOWRO10M PUG RARD GT- Residential
WOODLAWN AV CHULA VISTA ST Residential
Residential
Residential
�SHOWROOM PiL Residential
STONE GATE ST YOSEMITE DR Residential
STONE GATE ST DUNCAN RANCH RD ADIRONDACK PL Residential
SANDALWOOD DR EUCALYPTUS DR 1'.101olkir."11111 Residential
CAL,LE LA MARINA CIRCULO CORONADO MOUNT MIGUEL RD Residential
Residential
OLEANDER AV Residential
COLDBROOK CT CROSSCREEK RD Residential
Residential
HORIZON VIEW DR 9 Residential
LAKESHORE DR EASTLAKE DR EASTSHORE TE Residential
p MONTEREY AV Residential
CAMINO ATAJO 0 0 0 0 Residential
CAMINO CALABAZO LTJ F.Al I IVA 100010 F."I",m Residential
PLAZA AMPARADiA CAMINO CALABAZO Residential
PLAZA ELENA 10 1:94 0 VIA ESCALANTE Residential
ALVARADO ST Residential
PRESIDIC) POINT CT Residential
Residential
Residential
MONTGOMERY ST Residential
VALENCIA LP CALLE SANTIAGO CALLE SANTIAGO Residential
b 220FT E/O ELM AV Residential
BRIGHTWOOD AV 103641 Residential
DAVIDSON ST EAST PARK LANE AVE Residential
0 p w S SIR 1111 01 Residential
BIERNACKI CT D 0 Residential
p m 0 PASE01 ROSAL Residential
CAMINO MOJAVE AVENIDA ALTAMIRA Residential
*L COiRRO CT TERRA NOVA DR Residential
PLAZA GARDENIA VIA ESCALANTE Residential
EXH I B,IT A
Road Name Begin Location End Location Functional PC] FISCAL
Classification YEAR
SANTA VENETIA ST WINDCHIME DR HEATHERWOOD AV Residential 76, FY19�/20
DONAHOEST HILLTOP DR CUYAMACA AV Residential 77 FY19/20
MYRA AV E JAMES ST E MILLAN ST Residential 77 FY19/20
SIERRA VERDE RD FALCON PEAK ST CO R RAL VIEW AV Residential 77 FY19/20
QUAILSPRINGS CT SANTA DELPHINA AV NE CDS Residential 77 FY19�/20
JURISDICTION AVERAGE NETWORK PCI: 74 as of 3/28/2019
PROJECT LEAD: William S.Valle
Office: (619)409-5976
e-maik WVall 1@chulavistac v
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 791p 80
2020-05-12 Agenda Packet, 6 Page 178 of 3 10
EXH I B,IT A
e�l
�A 'all. ......
C Vt�S"',
lItUfAl'il
PROJECT NAM�E: RMRA Major Pavement Rehabilitation—FY2018/19 (STM396)
(IN PROGRESS-CONSTRUCTION PHASE),
PROJECT DESCRIPTION: Project includes street overlays and street reconstruction on various streets in the City.
The �major rehabilitation treatments are based on the recommendations of the City's
PROPOSED SCHEDULE: 11/2018—091/2019,
EST. USEFUL LIFE: 20-25 YEARS
PROJECT LOCATION:
Road Name Begin Location End Location Functional PCI FISCAL
Classification (2018) YEAR
E NAPLES ST CRESCENT DR MEDICAL CTR D,R Collector 37 FY18/19
THIRD AV N FOURTH AV D ST Collector 37 FY18/19
NAPLES ST FOURTH AV THIRD AV Collector 37 FY18/19
OXFORD ST TOBIAS DR HILLTO,P DR 7_011ector 37' F718/19
THIRD AV L ST NAPLES ST Collector 39 F Y 18 '191
F ST FOURTH AV THIRD AV Collector 40 FY18/19
THIRD AV ORANGEAV ANITA ST Collector 39 FY18/19
L ST THIRD AV FIRST AV Collector 41 FY18/19
FIRST AV H ST IST Collector 43 FY18/19
HILLTOP DR TELEGRAPH CEYNRED E LST Collector 44 FY18/19
HI 6
1
EE]CITY LIM IT @ WILLOW ST Arterial
IST SECOND AV HILLTOP DR Collector 46 FY18/19
BONITA RD ALLEN SCHOOL RD q46FY18/19
JURISTICTION AVERAGE NETWORK PCI: 74 as of 3/28/2019
PROJECT LEAD: William S.Valle
Office: (619)409-5976
e-maik WVall 1@chulavistac V
SENATE DISTRICT: 40
ASSEMBLY DISTRICT: 791p 80
2020-05-12 Agenda Packet, 7 Page 179 of 3 10
IN III til
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
May 12,,2020 File,ID: 20-0140
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT
TO'THE MEDICAL DIRECTOR AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND THE CITY OF CHULA VISTA
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
With the implementation of First Responder Advanced Life Support (ALS) program on July 25, 2013, the
need for support for the Chula Vista Fire Department's (CVFD) emergency medical services increased
significantly. The program has been a success and continues to provide critical services to our community.
With professional guidance of the Medical Director,the Fire Department will continue to update policies and
procedures to ensure that the highest quality care is provided to our citizens and visitors. The team will also
continue to improve processes in place, evaluate care and recommend improvements to ensure that
appropriate high-quality training is provided as issues of care become more complex.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a "Project)p as defined under
Section 15378 of the State CEQA Guidelines; therefore,. pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Bla,c,kgrpund
Emergency Medical Services (EMS) has become a core function of the fire service over the last 40 years.Calls,
for medical assistance now constitute 85 percent of the requests for service in the City of Chula Vista. CVFD
has been a provider of Basic Life Support (BLS) for the last 30 years. BLIS care does not involve the
administration of medication or performance of procedures based on independent assessment and
1111. 0 0 1 PIi3ge 1 1
2020-05-12 Agenda Packet, Page 18,0 of 3 10
judgment. By contrast, Advanced Life Support (ALS) involves the delegated practice of medicine through
state,county,and provider agency regulations.
The California Code of Regulations,Title 22,defines the scope of practice for paramedics.The state delegates
the administration of practice to the, Local Emergency Medical Services Agency (LEMSA) who determines
what the local standard of medical care shall be. Standardized medical treatment protocols are,deve,loped to
guide paramedics in their delegated practice. Online medical direction is provided by designated base
hospitals through their physician staff. The provider agency can further define what their policies shall be
concerning medical care and equipment.
An integral member of support for the ALS program and the overall Fire Department team is the Medical
Director. The Medical Director is a physician who has received pr�ehospital emergency medical services
training and provides expertise that guides the Department's policies and procedures,quality improvement,
and training activities. The Medical Director also provides leadership in representing the City and the Fire
Department within the medical community as well.The Medical Director serves as a liaison and advocate for
the City of' Chula Vista and its Fire Department, with outside regulatory agencies such as the State of
California, County of San Diego, and local groups such as the base hospital physicians and pr�ehospital audit
committees.
The primary role of the Medical Director for the provider agency is to assist in establishing policies and
procedures that enhance the quality and safety of pre-hospital care provided to the citizens and visitors of
Chula Vista.'The Medical Director is an integral part of the quality improvement process where care provided
is evaluated and improvements are recommended.With the proposal to implement a City of Chula Vista Fire
Department based ambulance transport program in FY2 1, the need for the Medical Director's involvement
will increase significantly.
Another role for the Medical Director is the direct provision or guidance of medical training, based on
evidenced-based medicine and best practices. The Medical Director serves as a liaison to state and county
agencies as well as to the local medical community. During the current COVID-19 pandemic, the Medical
Director has assumed the role of liaison to County Public Health for the City. It is anticipated that this
assistance will be required for the next year to provide consultation to city leaders in the,recovery efforts as
the immediate crisis evolves.
The only facility in San Diego County with the ability and expertise, to provide medical director services is
University of California, San Diego, School of Medicine, Department of Emergency Medicine ("UCSD"),. UCSD
has a unique performance capability because it is the only academic medical center in San Diego County with
the resources, staffing and experience to provide medical direction and access to academic facilities. There
are no other academic medical centers in San Diego County that are associated with other healthcare systems.
UCSD is the onlyfacility that participates in the training of paramedics, emergen�cy medicine physicians, and
emergency medical services directors.As a designated Base Hospital, they are active in the medical control of
paramedic care.Consequently,staff is requesting the City Council waive the bidding requirements contained
in the Chula Vista Municipal Code and enter into a sole source contract with UCSI) for these services.
P �3ge 2
2020-05-12 Agenda Packet, Page 18,1 of 3 10
The City does not employ staff with the,level of'expertise in this specific area of prehosp�ital medical practice
of emergency medicine. Given the complexity of the ALS Program, this expertise is best obtained in a contractual
relationshipfor medical director services.
UC,SD has a unique performance capability because it is the only academic medical center in San Diego County
with the resources,staffing and experience to provide medical direction and access to academic facilities for
ALS training. There are no other academic medical centers in San Diego County with the resources and ability
to provide the Medical Director services.
UC,SD is willing to have one of its doctors,Jennifer Farah, M.,D.,to serve as the Medical D�irector for the Chula
Vista Fire Department provided that City is willing to compensate UC,SD for her services in the, amount of
$84,000 per annum until the expiration of the current contract on September 30, 2021. To have Dr. Farah
serve as the Medical D�irector it is necessary for the City Council to waive the bidding requirements because
of UCSD's sole source professional services.
I)ECISIOM-MAKER CONFLICT
Staff is not independently aware, nor has staff been informed by any City Co�uncilmember�, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURREN''T-YEAR FISCAL IMPACI 11
These funds are available in the current ALS Program budget and will result in no impact to the General Fund.
ONGOING FISCAL IMPACT
The ongo�ing cost of the services will be $84,000 per year as specified in the contract(total $112,000 for 16
months).These funds are already included in the ALS Program budget,with no impact on the general fund.
XYTACHMENTS
1. Two-Party Agreement
P �3ge 3
2020-05-12 Agenda Packet, Page 18,2 of 3 10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
THE MEDICAL DIRECTOR AGREEMENT BETWEEN THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA AND THE
CITY OF CHULA VISTA
WHEREAS, in 2013, the City entered into an agreement with the County of San Diego,
Health and Human Services Department, Emergency Medical Services Division to support the
Fire Department's Advanced Life Support (ALS) program, and
WHEREASI the provision of ALS requires a level of medical expertise to establish
proper policies and procedures, quality improvement, and education; and
WHEREAS, the City does not employ staff with the level of expertise in this specific
area given the complexity and surrounding issues regarding implementation of ALS; and
WHEREASI the City has considered alternatives for medical direction and concluded that
the University of California, San Diego ("UCSD") is,uniquely qualified to fill this role; and
WHEREAS, UCSD has a unique performance capability because it is the only academic
medical center in San Diego County with the resources, staffing and experience to provide
medical direction and access, to academic facilities in order to facilitate implementation of ALS;
and
WHEREAS, there are no other academic medical centers in San Diego County with the
resources and ability to provide medical director services; and
WHEREAS, on December 12, 2013, the Chula Vista City Council approved Resolution
No. 2013-249 to enter into a sole-source two-party agreement with UCSD, pursuant to Chula
Vista Municipal Code Sections 2.56.070(A) and 2.56.110, to have one of its doctors, Dr. John
Serra, M.D.1 serve as the Medical Director for the Chula Vista Fire Department; and
WHEREAS, this contract was amended on September 23, 2015, in Resolution No. 2015-
222, upon the Fire Department's recommendation that City Council approve an amendment to
increase compensation and extend the contract for three more years; and
WHEREAS, this contract was again amended on September 30, 2018, in Resolution No.
2018-203, upon the Fire Department's recommendation that the City Council extend the contract
for three more years and replace Dr. Serra with another UCSD School of Medicine doctor in the
Department of Emergency Services, Dr. Jennifer Farah, M.D., to serve as the Medical, Director
for the Chula Vista Fire Department; and
2020-05-12 Agenda Packet, Page 18,3 of 3 10
WHEREAS, the Fire Department now recommends that City Council approve a third
amendment, effective June I� 20�2O�, to increase services to up to forty (40) hours monthly and to
approve an increase the annual compensation to $84,000 per year for remainder of the contract,
which expires September 30, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Third Amendment to the Medical Director Agreement Between the
Regents of the University of California and the City of Chula Vista, in the form presented with
such minor modifications as may be approved or required by the City Attorney, a final copy of
which shall be kept on file with the City Clerk, and authorizes and directs the Mayor to execute
the same.
Presented by Approved as to form by
Jim Geering Glen R. Googins
Fire Chief City Attorney
2020-05-12 Agenda Packet, Page 18,4 of 3 10
THIRD AMENDMENT TO THE MEDICAL DIRECTOR AGREEMENT
BETWEEN
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND
THE CITY OF CHULA VISTA
THIS THIRD AMENDMENT TO THE AGREEMENT amends that certain Agreement between the City
of Chula Vista("City"), and The Regents of the University of California, a California Constitutional
corporation, on behalf of the University of California., San Diego, School,of Medicine, Department of
Emergency Medicine ("UCSD") or("Contractor") executed on December 12, 2013 and approved in
Resolution 2013�-249, first amended September 23, 2015 as to term and compensation and approved in
Resolution 2015-222, and second amended August 27, 20 18 as to physician and term and approved in
Resolution 2018-203.
The parties agree to amend the Agreement as follows:
Effective June 1, 20�20, Exhibit A Section 3) is deleted in its entirety and replaced as follows:
3) "As consideration for Contractor's Services, City shall pay to Contactor the sum of Seven
Thousand Dollars ($7,000.00)payable on a monthly basis. Contractor shall deliver an
itemized invoice on a monthly basis no later than the tenth day of the month following
Services rendered to City detailing(i)the date Services were provided, (ii) a brief
description of the Services provided, (iii) the number of hours of Services provided, (iv)
the dollar amount per item due to City, and(v) any pre-approved out-of-pocket costs
incurred that are directly related to performing the Services. Contractor shall be
reimbursed for all nfreed to and pre-approved out-of-pocket costs incurred that are
directly related to performing the Services under this Agreement. Contractor shall
coordinate all travel and accommodations in connection with the Services,with the City
travel office.
Invoices shall be sent to: Chris Scott
Email: cscottLa)ch.ulav,istaca.gov
Payments shall be made payable: The Regents of University of California
and sent to: UCSD Emergency Medicine
Attn: Maegan Carey
9500 Gilman Drive,MC 8676
La Jolla, CA 92093-8676"
Effective June I� 20�20, Exhibit A Section 4) is deleted in its entirety and replaced as follows:
4) "City and Contractor acknowledge that the amount of time required of Contractor each
month likely will fluctuate and there is no minimum or maximum amount of hours per
month for which Contractor is engaged. However, it is estimated that Contractor's,
services will be required for up to forty(40)hours per month."
Third Amendment to the Medical Director Agreement
Between the Regents of the University of California and
The City of Chula Vista EmerMed 3AM#2014-0 104 cns It fnl.docPage I of 2
Agreement No. 18101-A3 Chula Vista EmerMed 3AM#2014-0104 cnsIt fnl.doc
2020-05-12 Agenda Packet, Page 18,5 of 3 10
E."xcept asspecifically herem" amended,''the A grelement," as amended 1"'n the First aild, See.oqnd,,A,miend.iii,,leii,t�,,s,,,I
wili remain"] in,full,force wid effect..
l'T'he,parties have,executed thi.s Third.Ain endment as set forth,below-
CONTRACTO�'R
ersity of Ca"11111fornia
"The Rie, nts, ofth e:Univ
By- 4,11 1 T"?0
Date
Ch'.. ''Operaiting Officer
Ith
U C San D�iegllo Hea Sciences
CITY
"Ther City�upf'Chula'NiTista
By'.
,Date
Sala,s Mayor
Nfary Casi
Approved,as to Form:
GIen R_ Googllnsi,Cit
y Attomey
Attest-
Kerry�K. Bigielow, MIN11C, City Clerk
Third Amendment to the Medical Director Agreement
Between the Regents of the University of California and
The City of Chula Vista EmerMed 3AM#2014-01104 cnslt fnl.docPage 2 of 2
Agreement No. 18101-A3 Chula Vista EmerMed 3AM#2014-0104 cnslt fnl.doc
2020-05-12 Agenda Packet, Page 18,6 of 3 10
IN III til
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
May 12,, 2020 File ID: 2�0-0152
T!"T"LE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA(1)APPROVING AN AMENDMENT TO THE FISCAL
YEAR 2019/20 HUD ANNUAL ACTION PLAN TO, RE-PROGRAM $1,036,425 OF HOME INVESTMENT PARTNERSHIP
ACT FUNDS; (2) APPROPRIATING HOME INVESTMENT PARTNERSHIP ACT FUNDS IN THE AMOUNT O�F $1,036,425
TO A TENANT-BASED RENTAL ASSISTANCE PROGRAM IN RESPONSE TO C,OVID-19; (3) AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT'BETWEEN THE CITY OF CHULA VISTA AND,SOUTH BAY
COMMUNITY SERVICES FOR THE MANAGEMENT AND IMPLEMENTATION OF A TENANT-BASED RENTAL
ASSISTANCE PROGRAM; AND (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED
DOCUMENTS NECESSARY TO OBTAIN THE HUD FUNDS(4/5 VOTE REQUIRED)
RECOMMENDED AC1710N
Council adopt the resolution.
SUMMARY
Following the COVID-19 state of emergency declared by the City of Chula Vista on March 12,2020�,City Staff began
evaluating the feasibility of repurposing unspent U.S. Department of Housing and Urban Development (HUD)
entitlement funds to assist households who have had a direct financial impact resulting from COVID-19. Due to
COVID-191 many renters are facing an undue financial hardship due to job loss, furlough or layoff, reduction in
hours or work or pay, closure of place of employment, missed work to care for a family member affected by the
pandemic just to name a few. HUD HOME Investment Partnership Act (HOME) funds are avail�able to p�rovi'de
short-term or medium�-term Tenant Based Rental Assistance to,eligible households earning less than sixty percent
of the area med�ian income. TBRA can be used to pay a portion of rent a�nd util�ity payments for a few month�s
during th�ese tough economic times.,
EWIRONMEWAL,REVIEW
The Director of Development Services has reviewed the proposed activities for compliance with the California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).The proposed activities are not
considered "Projects" as defined under Section 1,5378 of the State CE,QA Guidelines because the action consist of
a governmental funding mechanism or other government fiscal activity, is not site specific, and will not result in
a direct or indirect physical change in the environment. Therefore, pursuant to Section15060(c)(3) of the State
CEQA Guidelines,these activities are not subject to CEQA.
Under NEPA, the HOME funded Tenant Based Rental Assistance Program qualifies for a Categorical Exclusion not
subject to §58.,5 pursuant to Title 24, Part 58.35(b)(1) of the Code of Federal Regulations and pursuant to the U.S
1111. 0 0 1 P a g e 1 1
2020-05-12 Agenda Packet, Page 18,7 of 3 10
Department of Housing and Urban Development.Thus, no further environmental review is necessary at this time
for TBRA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
COVID-19 has changed the very nature of how we work, live,and protect ourselves against the spread of this virus.
Across San Diego County and within our community, conferences and events are canceled, nearly all businesses
closed, thousands of residents are faced with layoffs and reduced work hours, and schools are closed County-
wide. These measures are directly impacting residents' ability to afford the basic and fundamental necess,ities of
life, such as housing. As a result, many residents whose incomes have decreased as a result of the COVID-19
pandernic are faced with the same costs of living clespite a lack of commensurate increase in resources available
to close the gaps.
Prior, to COVID-19, Chula Vista's population was already vuln�erab�le to any shift in econom�ic circurnstances.
According to the U.S. Department of Hous,ing and Urban Development's (HUD) Comprehensive Housing
Affordability Strategy (CHAS) released in Au�gust 2019 for the 2012-2016 plan�niing period, 47 percent of Chula
Vista's total households are of lower income, e,arn�ing 8,0% of the Area Median Income or, less ($68,000 annual
income for a family of four). When looki'ng at the rental hous,ing market,42 percent of Chul�a Vi'sta�'s housing stock
is rental housing., A sign�ificant portion, of renters (5,9%) are, lower income, with 44 percent of them payi'nig more
than 5,01%,of their, in�come towards hous,ing costs. Given average pre-COVID-19 salaries and the existing high cost
of housing in San Diego County,further reductions in income only exacerbate existing housing affordability issues,.
The City currently�ha�s available $1,036,,425 in HOME funds,that were previously appropriated for the Anita Street
affordable housing development, now being funding w,ith Low and Moderate Income Housing funds. Staff is
recommending that the, City re-allocate these funds for a HOME funded TBRA (the "Program"). The City will
partner with a subrecipient to implement the Program. The, Program will provide, short term to medium term
rental assistance funds to qualified households who can meet mutually agreed upon goals to become self-
sufficient. Clients, will be required to access mainstream resources and have access to a case manager who will
assist them to develop a self-sufficiency plan,to navigate the program to successfully use their voucher and meet,
as needed. Clients will pay 30%of their income towards rent',with assistance capped at the HUD published limits.
Each client would be encouraged to select a unit that is affordable for the long term and at a unit size that matches
their household per the program guidel�ines., Households also have the option of staying in place as allowed by a
HUD waiver.
Target groups for the TBRA are the following:
0 Low Income Households affected by CO,VID-19:
• Victims of Domestic Violence affected by COVID-19:
• All clients must meet the income eligibility requirements(making less than 60%of the area median income
or$64,200/year for a family of four).
Examples of impa�ct(s) by COVID-191 include but are not limited to the following:
Job, loss, furlough or�layoff
Reduction in hours of wo�rk o�r pay
Page 2
2020-05-12 Agenda Packet, Page 18,8 of 3 10
Store, restaurant olr office closure
The need to miss wolrk to ca�re for a home-bounid, school age child or elderly person
Victim of Domestic Violence
Program Guidelines
0 The program is clesigned to benefit households earni'nig less,than, 60%of the area median income that are,
directly impacted by COVID-19 and are in danger of being evicte�d due to COVID-19 related job/income
loss.
0 Priority wil�l be given,to famil�ies with children and vi'ctims of'dome�stic vio,lence. Consideration may be
given to other vulnerable popul�ations.
0 Eligible tenants will have the assistanice plaid directly to the landlord or utility company, benefitting the
tenant and the landl�ord.,
0 The rent must be considered current by the landlord after receipt of the grant payment.
0 The grant will be calculated based on the amount of ren�t"owed and the telnant's abil�ity to pay a portlion,
of the past due rent., Rental arrears,are ineligi'blle per HOME program regula�tio,n�s.
0 Applicants will be required to provide documentation of their,in�co�me and eligibility which may incl�ude
check stubs, bank statem�e,nt and/or a letter from your employer. Alternate clocumentation may be
cons,idereld on a case by ca�se basis such as a self-cleclaration of income.
0 Funding assi's,tance wil�l be limited to rental units within the City of Chula Vista.
0 TBRA Program Administrator will work closely with local service providers when identifying clients.
Subrecipient Selection Process:
Each year, City staff releases a Notice of Funding Availability (NOFA) that allows, Subr�ecipients, Developers, and
Community Housing Development Organizations to submit applications for eligible HOME,. CDBG,. a�nd ESG
projects. In March 2020, several applications were received from various non�-profits. One of those applicatio'n�s
was a request that was subm�itted by South Bay Community Services (SBCS) for a Tenant Based Rental Assistance
Program targeting victi'm�s of domestic violence u�sing HOME funding for Program Year 2020-2021.
At the same timel staff was in process of preparing its fu�nd�ing recornmenclations to City Coun�cil. However,a state
of emergency was declared by City Council in response to COVID-19. Seeing a need for rental assistan�ce as a
resource for our low- income families,faced with sudden income loss, City Staff worked with SBCS to expand the
Scope of Services,of their original application to include assistance to those families affected by COVID-19l. SBCS'
original application is now amended to address the increased demand for this, program and is included as
Attlachmentl. Given SBCS'existing rental assistance program,they are prepared to start the TBRA program upon
approval of Council of this item.
tic,
South Bay Community Services
During the recession of 2009, HUD released one-time funding to assist impacted low-income families. SBCS, on
behalf of the City, served as the administrator of a rental assistance program funded with this one-time funding
from HUD (Homeless Prevention and Rapid Re-Housing Program). SBCS was able to create a program and
administer it in accordance with new program guidelines issued by HUD in short period of time. Due to his unique
experience, they have the experience necessary to carry out this new program. SBCS has also, implemented and
managed a rental assistance program for the City since 2007 to the present serving various popul�atio�ns, including
those at risk of being homeless, victims of domestic violence, and transitioning from an emergency shelter to
permanent housing.
Page 3
2020-05-12 Agenda Packet, Page 18,9 of 3 10
Annual Action Amendment-Public Partici
The 2019/2020 Annual Action Plan Amendment was released for the streamlined 5-day review and comment
period per the City's HUD approved Citizen Participation Plan and utilizing Federal regulations under the CARES
Act. The CARES Act allows the City to use HUD waivers and suspensions that were approved by HUD,on April 17,
2020. These waive�rs a�nd suspensions wil�l streamline the, HUD approval of the, Program and eligible household�s
will benefit from stream�lined approval procedures. The Substantial Amendment comment period began on May
11 2020 and closed on May 6, 2020. Residents and other parties can still comment per the City"s adopted
procedures for virtual council meetings.
CONCLUSION
With residents faci'ng layoffs and reduced work hours due to COVID-19,the deployment of HOME funds will have
a direct impact in assisting affected residents with basic living expenses such as housing. Staff recommends that
the City Council approve the re-all�ocation of HOME funding in the current fiscal year a�nd approving the 20�19/2020
Annual Action Plan Amendment.
DECIS11ON-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.).
However, Councilmember McCann may have a conflict of interest given his ownership interest in rental property
and property management business. Otherwise, Staff is not independently aware and has not been informed by
any other City Council mernber, of any other fact that may constitute a basis for a decision-maker conflict of
interest in this matter.
CURRENT-FISCAL IMPACT
There is no fiscal impact to the City's General Fund as Project costs of$1,000,000 and $36,425 in staff costs, are
covered by the availab�le Housing fund balance.
Willi
HOME-Tenant Based Rental Assistance Program $1,036,425
Anita Street Project -$11036,425
I W
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration of the
HOME programs are covered by the respective grants.
ATTACHMENTS
Attachment 1: SBCS Agreement
Staff C6ntact.-Jose Dorado, Senio�r Management Analyst, Housing Authority
Page 4
2020-05-12 Agenda Packet, Page 190 of 3 10
COUNCIL RESOLUTION NO. 2020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA VISTA (1) APPROVING AN AMENDMENT TO THE
FISCAL YEAR 2019/20 HUD ANNUAL ACTION PLAN TO RE-
PROGRAM $lM361425 OF HOME INVESTMENT
PARTNERSHIP ACT FUNDS; (2) APPROPRIATING HOME
INVESTMENT PARTNERSHIP ACT FUNDS IN THE AMOUNT
OF' $110361,425 TO A TENANT-BASED RENTAL ASSISTANCE
PROGRAM IN RESPONSE TO COVID-,19; (3) AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
SOUTH BAY COMMUNITY SERVICES FOR THE
MANAGEMENT AND IMPLEMENTATION OF A TENANT-
BASED RENTAL ASSISTANCE PROGRAM; AND (4)
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN
THE HUD FUNDS
WHEREAS, a significant portion of Chula Vista renters (59%) are lower income, with
44 percent of them paying more than 50 percent of their income towards,housing costs; and
WHEREAS, due to the COVID-19 p�andemic,many of these renters are facing an undue
financial hardship due to job loss, furlough or layoff, reduction in hours or work or pay, closure of
place of employment, or missing work to care for a family member affected by the p�andemic,
adding to their financial burdens; and
WHEREAS, as a U.S. Department of Housing and Urban Development (HUD)
entitlement community, the City of Chula Vista receives, grant funds under the Home Investment
Partnerships Program(HOME)to provide housing assistance and expand housing opportunities to
low income households; and
WHEREAS, Staff has prepared a Substantial Amendment (Attachment A) to the Fiscal
Year 2019/2020 Annual Action Plan ("Substantial Amendment") using the goals set forth in the
2015-2020 Consolidated Plan("Consolidated Plan")and per HUD Rules and Regulations,waivers
and suspensions in response to COVID-19; and
WHEREAS, the City will re-program current year (2019�-�2020) and prior year HOME
entitlement funds in the amount of $1.0�36,425 for a Tenant Based Rental Assistance Program,
(TBRA); and
WHEREAS, a Notice of Funding Availability for HUD funding was received by South
Bay Community Services; and
2020-05-12 Agenda Packet, Page 191 of 3 10
Resolution No.
Page 2
WHEREAS,the City followed its Citizen Participation Plan and the public was provided
with the opportunity to comment the Annual Action Plan Amendments from May 1, 2020 to May
6, 2020; and
WHEREAS, Staff has determined that the proposed activities are eligible for HOME
funds; and
WHEREAS, in the event that HUD withdraws the City's HOME funding, the City is not
obligated to compensate the! Sub-recipient/C ontractor for program expenditures.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula
Vista as follows:
1. That it approves the Amendments to the Fiscal Year 2019/2020 HUD Annual Action Plans
("Substantial Amendment"') for the Home Investment Partnership Act (HOME) Program.
2. That it authorizes the appropriation of $1,036,425 of HOME Funds for a Tenant Based
Rental Assistance Program (TBRA)�.
3. That is authorizes the City Manager or his designee to execute any and all agreements and
necessary amendments for the management and implementation of the eligible projects
with South Bay Community Services to implement projects using FY 2019/2020 funds that
are identified in the Substantial Amendment, and it further authorizes the City Manager or
his designee to make such minor modifications,as may be approved or required by the City
Attorney to ensure the City meets HUD's requirements.
�4. That it authorizes the City Manager to execute any and all related documents necessary to
obtain the HUD grants.
Presented by: Approved as to form by:
Kelly Broughton, FASLA Glen R. Googins
Development Services Director City Attorney
2020-05-12 Agenda Packet, Page 192 of 3 10
ATTACHMENT A
Annual Action Plan Substantial Amendment
The following projects are, proposed to be funded that were not previously identified in the 2019-
2020 HUD approved An�n�ual Actions Pl�an�s:
Tenant Based Rental Assistance Progra�m (TBRA) $1,036,,425
Due to the COVID-19 state of emergency, staff is recommending that the City partner with a South Bay
Community Services, as Subrecipient,to implement a HO�ME funded TBRA program. TBRA provides short
term to medium term rental assistance funds to qualified households who can meet mutually agreed upon
goals to become self-sufficient. Clients wi'll be required to access mainstream resources and have access
to a case manager who will assist them to develop a self-sufficiency plan, to navigate the program to
successfully use their voucher and meet', as needed. Clients will pay 30%, of their income towards rent,
with assistance capped at the HUD published limits. Each client would be encouraged to select a unit that
is affordable for the long term and at a unit size that matches their household per the program guidelines.
Households also have the option of staying in place as allowed by a HUD waiver.,
Target,groups for the TBRA are the following:
0 Low Income Households affected by COVID-19
0 Victims of Domestic Violence affected by COVID�-19
2020-05-12 Agenda Packet, Page 193 of 3 10
Aq��f/
"#�,
Rep-NOR
M
CITY OF
CHULAVISTA HOUSING DIVISION
HOME Investment Partnerships Program
City of Chula Vista
Tenant Based Rental Assistance Program
By and between the
City of Chula Vista
And
South Bay Commu�nity Services
This Contract by a�nd between the City of Chula Vista (hereinafter referred to a�s ""City"), and the
South Bay Community Services (hereinafter referred to as "Subrecipient")to administer a Tenant
Based Rental Assistance Program funded with HOME Investment Partnerships Program funds, is
effective on May 13, 2020 (,"Effective Date").
W I T' N E S S E T H:
WHEREAS,. there has been enacted into law the HOME Act,, Title 11 of the Cranston-
Gonzalez National Affordable Housing Act,, creating the HOME, Investment Partnerships Program
that provides funds to expand the supply of affordable housing for very low-income and low-
income persons; and
WHEREAS, the City, is authorized to apply for and accept HOME Investment Partnerships
funds; and
WHEREAS, the City incorporated a Tenant Based Rental Assistance program described in
Attachment "A"' hereof (hereinafter referred to as the "Project") into the City's Community
Development Block Grant/HOME Investment Partne,r�ships/Emergency Shelter Grant Annual
Funding Plan which was submitted to the U.S. Department of Housing and Urban Development
(HUD,)- and
WHEREAS, HUD has approved the City Annual Funding Plan for HOME Investment
Partnerships funds, and
WHEREAS, the City Council via Resolution N�umber 2020- approved funding for a Tenant
Based Rental Assistance Program described in Attachment"A" here of(hereinafter referred to as
the "'Project") on May 12, 2020,; and
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WHEREAS, it is the desire of the Subreci'pient and the City that the Project be
implemented by the Subrecipient, and
WHEREAS,. the Subrecipient shall undertake the same obligations to the C,ity with respect
to the Project in the City's aforesaid Annual Funding Plan for participation in the HOME
Investment Partnerships Program-� and
I
WHEREAS,,the Subrecipient shall utilize the HUD,approved Waivers forthe administration
of this HOME funded TBRA Program in response to COVID-19.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. TENANT BASED RENTAL ASSISTANCE PROGRAM: The Subrecipient shall implement the
scope of work ("Scope of Work") described in Attachment A, hereof fully and in
accordance with the terms of the Annual Funding Plan approved by the City and
submitted to HUD in application for funds to carry out the Project and the Certifications
which were submitted concurrently with the Annual Funding Plan. The Annual Funding
Plan and Certifications form is hereby incorporated by reference into this contract fully as
if set forth herein.
I I. WORK TO,BE PERFORIVIED: Subreciplent shall al�so undertake the same obligations to the
City that the City has undertaken to HUD pursuant to said Annual Funding Plan and
Certifications. The obligations undertaken by the Subre,cipient include, but are not
limited to,the obligation to comply with the current and most up�-to-date version of each
of the following:
A. T'itle 11 of the Cranston-Gonzalez National Affordable Housing Act, as
amended,, 42 U.S.C. § 12704;
B. Regulations of the Department of Housing and Urban Development
relating to HOME Investment Partnerships program (24 C,FR 92.1', et seq.);
C. Regulations of the Department of Housi,ng and Urban Development
relati'ng to environmental review procedures for the HOME Investment
Partnerships program (24 CFR 92.352);
D. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d);Title VII of the Civil
Rights Act of 1916,8 (Public Law 88-352); Title Vill of the Civil Rights Act of
1968 (Fair Housing Act,42 USC§ 3601, etseq.); Section 109 of the Housing
and Community Development Act of 1974; Executive Order 11246 (equal
employment,opportunity); Executive Order 11063 (non-d iscri mi nation), as
amended by Executive Order 12259; and any HUD, regulations heretofore
issued or to be issued to implement these authorit,ies re�lating to civil rights;
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E. All section 3 covered contracts shall include the following clause (referred
to as the "section 3 clausel:
i. The work to be performed under this contract is subject to the
requirements of sect,ion 3 of the Housing and Urban Development Act of
as amended, 12 U�.S.C. 1701u (section 3). The purpose of section 3
19681 1
is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by section
3. shalll to the greatest extent feasible, be, directed to low- and very low-
income persons, parti'cularly persons who are recipients of HUD
assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in
24 CFR 135.1. et seq., which impleme�nt section 3. As evidenced by their
execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
iii. The Subrecipient agrees to send to each labor organization or
representative of workers with which the Su�brecipient has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers" representative of the Subrecipient's
commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both emp�lo�yees and
applicants for train�ing and employment positions can see the, notice., The
notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each of the positions; and the
antic,ipated date the work shall begin.
iv. The S,ubreci'pient agrees to include this section 3 clause in every
subcontract subject to compliance with Part 135 regulations, and agrees
to take appropriate action, as provided i'n an applicable provision of the
subcontract or in this section 3 clause, upon a finding that the
subSubrecipi'ent is in violation of Part 135 regulations. The Subrecipient
wi'll not subcontract with any subSubrecipient where the Subrecipient has
notice or knowledge that the subSubrecipient has been found in violation
of the regulations in 24 CFR 135.1, etseq..
v. The Subrecipient wi'll certify that any vacant employment positions,
including training positions, that are filled (1) after the Subrecipient is
selected but before the contract is executed, and (2) with persons other
than those to whom the Part 135 regulations require employme�nt
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opportunities to be directed, were not filled to circumvent the
Subrecipient's obligations under 24 CFR Part 135.
vi. Noncompliance with Part 135 regulations may result in sanctions,
terminat,ion of this contract for default, and debarment, or suspension
from future HUD assisted contracts.
vii. With respect to work performed in connection with section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Dete rm i nation
and Education Assistance Act (25 U.S.C. 4 also applies to the work to
be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and
employme�nt shall be given to Indians, and (i'i) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of section 3 and section 7(b) agree to comply
with section 3 to the maximum ext,e�nt feasible, but not in derogation of
compliance with section 7(b).
F. The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 USC§4601, etseq., and regulations adopted to implement
that Act in th 49 CFR Part 24;
G. Cost principles have been esta�blish�ed for non-profits through 2 CFR part
200, subpart E, entitled "'Cost Principles for N�on-Profit Organizations"; 2
CFR part 230 entitled "Cost Principles for Non-Profi't Organizations"'
(Circular A-122); and 2 CF'R Part 225 entitled "Cost Principles for State,
Local,, and Indian Tribal Governments" (OMB Circular A-87); This part
establishes principles for cletermining costs of grants, contracts and other
agreements with non-profit organizations. The principles are designed to
provide that the Federal Government bear its fair share of costs except
where restricted or prohibited by law. The principles do not attempt to
prescr�ibe the extent of cost sharing or matching on grants, contracts,, or
other agreements. However, such cost sharing or matching shall not be
accomplished through arbitrary limitations on individual cost elements by
Federal agencies;
H. 24 CFR 92.503 concerning program income, repayments, and recaptured
funds" of the HOME Regulations. Any program income earned by
Subrecipi'ent in carrying out the activities of this contract shall be returned
to the City. Upon expiration of this agreeme�nt, Subrecipient shall transfer
to the City any HOME funds on hand at the time of expiration and any
accounts receivable attributable to the use of HOME funds;
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24 CFR 92.252 or 912.254, as applicable, concerning affordability provisions
of the HUD regulations relating to the HOME Investment Partnerships
Program. Repayment of any funds to the City is required if the housing
does not meet the affordability requirements for the specified time period;
J. The following laws and regulations relating to pre,servation of historic
places: the National Historic Preservation Act of 1966 (Public Law 89-665);
the Archaeological and Historical Preservation Act of 1974 (Public Law
93-291)1-1 and Executive Order 11593-1
K. The Labor Standards Regulations set forth in 24 CFR 92.354;
L. Prevailing wage requirements as set forth in Labor Code Section 1720;
M. The Hatch Act relating to the conduct of politi'cal activities (5 U.S.C. §§
1502, et. seq.);
N. The Flood Disaster Protection Act of 1974 (42 U.S.C. § 4106 and the
implementing regulations in 44 CFR Parts, 59-79)-�
1
0. The Rehabilitation Act of 19�73 (Public Law 92-112) as amended, including
Section 504 which relates to nondiscrimination in federal programs, and
H�UD Regulations, set forth in 24 CFR Part 8;
P. The Clean Air Act(42 U.,S.C. §7401,etseq.,)and the Federal Water Pollution
Control Act, as amended (33 U.S.C. § 1251,, et seq.) and the regulations
adopted pursuant thereto (40 C�FR 6.100�,, et seq,.);
Q. The Drug-Free Workplace Act of 1988 (Public Law 100-6910);
R. The Lead-Based paint Poisoning Prevention Act,. the Residential Lead-Base
Paint Hazard Reduction Act of 19912, and implementing regulations at 2,4
CFR 35.80, et seq.;
S. No member, officer or employee of the Subrecip,ient, or its designee or
agents, no member of the governi'ng body of the locality in which the
program is situated, and no other public off ic,ial of such locality or localities
who exercises any functions or responsibilities with respect to the program
during his/her tenure or for one year thereafter, shall have any interest,,
direct or indirect, in any contract or subcontract, or the process thereof,
for work to be performed in connection with the program assisted under
the Grant, and that it shall incorporate, or cause to be incorporated, in all
such contracts or subcontracts a provision prohibiting such interest
pursuant to the purposes of this certification;
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T'. The Subrecipient certifies, that in accordance with Section 31,9 of Public
Law 10�1-121, to the best of his or her knowledge and belief that:
i. N�o federal appropriated funds have been paid or will be paid, by oron
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, in connection with the awarding of any
federal contract,the making of anyfederal grant,the making of anyfederal
loan, the entering into of any cooperative contract, and the extension,
continuation, renewal, amendment, or modification of any federal
contract, grant,, loan, or cooperative contract.
ii. If any funds other than federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, or an employee
of a member of Congress in connection with this federal contract, grant,
loan, or cooperative contract, the undersigned shall complete and submit
Standard Form�-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
U. The Subrecipient will adopt a�n affirmative marketing plan in accordance
with 24 CFR 912.351 if the housing being funded contains five or more units.
V. The Architectural Barriers Act of 1968 (42 U.S.�C. §§ 4151, et seq.);
Ill. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable local, state, and
federal laws/ regulations, and o,rdi'nances when performing when performing the work
req�uired by this Subrecipient.
IV COMPENSATION: City shall reimburse Subrec,ipient for the management and
implementation of a rental assistance and security deposit assistance costs it incurs under this
Contract, not to exceed a maximum reimbursement of $1,000,000.00. Subrecipient shall not
submit claims to the City nor shall City reimburse,Subrecipient for costs for which Subrecipient is
re,imbur�sed from a source other than the funds allocated for work under,this Contract.
V. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress payments upon
certification and submittal by Subrecipient of a statement of actual expenditures incurred,,
provided, however,that not more than 90%of the total agreed compensation will be paid during
the performance of this Contract. The balance due shall be paid upon certification by
Subrecipient that all of the required services have been completed. Payment by City i's not to be
construed as final in the event HUD disallows reimbursement for the project or any portion
thereof. The 10% retention will not apply to acqui'sition or service contracts.
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V1. EXPENDITURE STANDARD: In order to insure effective admi'nistration and performance
of approved HOME Investment Partnerships Grant Projects and to meet HUD performance
standards, Subrecipient agrees that it shall expedite implementation of the project described
herein.,
VI 1. TERM: This contract shall commence when executed by the parties and shall continue in
effect until terminated as provided her�ei'n or until Subrecipient has carried out all its obligations
under the contract. Services of the Subrecipient shall start on the, 13th day of May, 2020 and
end on the 30' day of June of 2022. With City approval, the term of this Agreement and the
provisions herein shall be extended to cover any additional time period needed to expend the
project HOME funds.
VIII. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be terminated
for convenience in accordance with 2 CFR Appendix 11 to Part 200.
IX. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the
U�nited States Government terminates the HOME Investment Partnerships Grant Program or
terminates the Project, which is the subject of this Contract, upon Subrecipient's satisfactory
completion of the objectives set forth in the Scope of Work as determined by City, or that the
City, in its sole and unfettered discretion, determines that United States Government funding of
the Project that is the subject of this Contract is insufficient to continue the Project.
X. TERMINATION OF CONTRACT FOR CAUSE:
In accordance with 2CFR Part 200.339, if Subrecipient fails to fulfill in a timely and proper manner
its obligations under this contract to undertake, conduct or perform the Project identified in this
Contract, or if Sub�recipient viol�a�tes any state laws or regulations or local ordinances, or
regul�ations a�ppl�icable to implementation of the Project,or if Sub�recipient violates any provisions
of this con�tract, C,ity shall have the right to terminate this contract by giving at least ten (10) days'
written notice to Subrecipient of the effective date of termination. Even if City terminates the
Agreement,,Subrecip�ient shall remain liable to City for a�ll damages,sustained by Subrecipient due
to Subrecipient's failure to fulfill any provisions of this Contract, and City may withhold any
reimbursement payments from Subrecipient for the purpose of set-off until the exact amount of
damages due to C,ity from Subrecipi'ent is determined. S,ubrecipient hereby expressly waives any
and all claims for damages for compensation arising under this contract except as set forth in thi's
section in the event of such termination.
XI. CONTRACT ADMINISTRATIOW-The Housing Division of the City of Chula Vista, shall
administer this Contract on behalf of the City. The President & CEO of South BaV CommunitV
Services or her designee shall administer this contract on behalf of the Subrecipient. Within a
reasonable time after the City makes a request, Subrecipient shall give the City progress reports
or other documentation as required by the City's Administrator to audit Subrecipi'ent's
performance of this Contract.
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X11. RECORDS AND REPORTS:The Subreci'pient shall maintain records and make such reports
as required by the City's Administrator, to enable the C,ity to analyze Subrecipient's project., All
records of the Subrecipient related to this Contract or work performed under this Contract shall
be open and available for inspection by HU�D and/or City auditors during normal business hours.
X111. RETENTION: The Subrecipient shall retai'n all financial records, supporting documents,
statistical records, and all other records pertinent to the Agreement for a period of five, (5), years
after the final draw and all reporting, and until the submission of Grantee's annual performance
and evaluation report to HUD in which the activities assisted under the,Agreement are reported
on for the final time. Notwithstanding the above, if there i's litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started before the expiration
of the five-year period, then such records must be retained until completion of the actions and
resolution of all issues, or the expiration of the five-year period, whichever occurs later.
XIV. DATA: The Subrecipient shall maintain data demonstrating eligibility(low-moderate income
data)for Tenant Based Rental Assistance applicants and participants. Such data shall include�, but
not be amount of assistance, eligibility, waiting list, work performed, and a description of service
provided. Such information shall be made available to City monitors or their designees for review
upon request.
XV. DISCLOSURE: The Subrecipient understands, that client information collected under this,
contract is private and the use or disclosure of such information, when not directly connected
with the administration of the City's or Subrecipient's responsibilities with respect to services
provided under th�is contract, is prohibited by the state of Federal law privacy laws unless written
consent is obtai'ned from such person receiving service and.? in the case of a minor, that of a
responsible parent/guardian. Subrecipient shall have applicant signed a City release of
information (Attachment H).
XV1. QUARTERLY REPORTS/AN�NUAL REPORT
Subrecipient shall provide the City with a quarterly report, submitted no later than fifteen (15)
days after the last day of the previous quarter,, which includes a narrative of the, services
provided, progress towards meeting the timeline goals stated in the, contract, and an itemized
accounting of the expenditures of HOME funds during the previous quarter. Failure to submit
quarterly reports in a timely manner will result in withholding of HOME funds until the report has
been submitted.
• Quarterly Performance Report due dates are.- October 16, J�anuary 15, and April
16
• Annual Performance Report (CAPER) due date is: July 16
XVIL INDEMNIFICATION: City shall not be liable for,and Subr�ecipient shall defend and indemnify
City and its officers, agents, employees and volunteers against any and all claims, deductibles,
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self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other
liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs (collectively,,, Claims), whi'ch arise out of or are in any
way connected with the work covered by this Contract arising either directly or indirectly from
any act, error, omission or negligence, of Subrecip,ient or its officers, employees, agents,
Subrecipients, licensees or servants, including without limitati'on, Claims caused by the
concurrent act, error, omission or negligence, whether active or passive, of City, and/or its
agents, officers, employees or volunteers. However, Subrecipient shall have no obligation to
clefend or indemnify Cityfrom a Claim if it i's determined by a court of competentjurisdiction that
such Claim was caused by the sole negligence or willful misconduct of City or its agents or
employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and severally agree to
indemnify, clefend (with counsel selected by City) reimburse and hold City and its officers,
employees and agents harmless from any claims, Judgments, damages, penalties, fines, costs,
liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees,
consultants' fees, and experts' fees which arise during or after the contract term for any losses
incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or
restoration work required by any hazardous materials laws beca�use of the presence of hazardous
materials, in the soil, ground water or soil vapors, on the, premises, and the release or disch�a�rge
of hazardous materials by Subrecipient during the course of any alteratio,n or improvements of
the Premises by Sub�recipient, unless hazardous m�a�terials are p�resent solely as a result of the
gross negligence or willful misconduct of City, its officers, employees or agents. The
indemnification provided by this section shall also specifically cover costs incurred in responding
to:
a. Hazardous materials present or suspected to be present in the soil, ground water to
or under the Property before the Commencement date;
b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to
or under the Property fo�llowing the Commencement Date; or
c. Hazardous materials prese,nt on or under the Property as a result of any discharge,
release,dumping, spilling(accidental or otherwise),onto the Property during or after
the Term of this contract by any person, corporation, partnershi'p or entity other than
City.
The foregoi'ng indemnities shall survive the, expiration or termination of the contract any or any
transfer of all or any portion of the Premises, or of any interest in this contract and shall be
governed by the laws of the State of California.
XV111. AU�DIT COSTS: Subrecipient shall reimburse City for all costs incurred to investigate and
audit Subrecipient's performance of its duties under the Contract if Subrecipi'ent is subsequent,ly
found to have violated the terms of the Contract. Reimbursement shall include all direct and
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indirect expenditures incurred to conduct the investigation or audit. City may deduct all such
costs from any amount due S,ubrecipient under this Contract.
XIX ENTIRE CONTRACT: This contract constitutes the entire agreement of the parties and
supersedes any previous oral or written understandings or contracts related to the matters
covered herein.
XX MODIFICATION:-This contract may not be modified except by written amendment executed
by each party.
XXI ACKNOWLEDGEMENT OF FUNDING: Subre,cip,ient shall identify the City of Chula Vista as
the source of funding, or, if applicable, one of the sources of funding in public announcements
that are made regarding the proje�ct. Acknowledgement of the City's funding role, for example,
should be included in publicity materials related to the project. In addition, Subrecipient agrees
that the C,ity shall be apprised of any special events linked to the �proje�ct so that a review can be
made on what role, if any, the City would assume.
XXII NO WAIVER: No failure, inaction, neglect or delay by City in exercising any of its rights
under this Contract sha�ll operate as a waiver, forfeiture or abandonment of such rights or any
other rights under th�is Contract.
XXIII CONFLICT OF INTEREST': In the procurement of suppl�ies, equipm�ent, construction, and
services by Subrecipients and Sub Subrecipients, the conflict of interest provis,ions, 2 CFR Part
200, shall apply., In all cases not governed by the provisions of said Super Circular a�nd regulation,
24 CFR 92.356 (b) shall apply.
A. No member of the governi'ng body, officers or employee of the Subrecipient', or its
designees or agents, or any other person who exerc,ises any functions or
responsibilities with respect to the program assisted by this Agreement during his
tenure or for o,ne year thereafter, shall have any direct interest in any contract or
subcontract, or the proceeds thereof, for the work to be performed i'n connection
with the program.
B. No employee, officer or agent of the Subrecipient shall participate i'n the selection,
award, or administration of a contract supported by HOME if a conflict-of-interest,
either real or apparent, would be involved.
C. The Sub,recipient shall incorporate, or cause to be incorporated in all third party
agreements, a provision prohibiting such interest pursuant to the purpose of this
Section.
D. Subrecipient must maintain written standards of conduct governing the award and
administration of contracts. At a minimum, these standards must:
Require that no employee, officer, or agent may participate in the selection,
award, or administration of a contract supported by Federal funds if a real or
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apparent conflict would be involved. Such a conflict would arise when any of the
following parties has a financial or other interest in the firm selected for an award:
The employee, officer, or agent of the Subrecipient;
Any member of an employee's office's or agent's immediate family;
An employee's, agent's, o�r officer's partner; or
Any organization which employs or is about to employ any of the above.
• Req u i re that em ployees, agents, a nd off icers of the Su breci'pient neither sol icit nor
accept gratuities,favors, or anything of value from subSubrecipients, or parties of
subagreements. However,Subrecip,ients may set standards for situations in which
the financial inte�rest is not substantial or the gift is an unsolicited item of nominal
value.
• Provide for di'sciplinary actions to be applied for any violations of such standards
by employees, age�nts or officers of the Subrecipi'ent.
XXIV., EQUAL OPPORTUNITY: The Subrecipie�nt agrees to comply with all the requireme�nts
relating to fa�ir employment practices, to, the extent applicable and shall cause the foregoing
provision to be inserted in all contracts with third parties for any work covered by this Agreement
so that such provisions will be binding upon such third parties. Subrecipient will conduct and
administer the grant in conformity with 24 CFR 92.350.
XXV. LOBBYING: The undersigned certifies, to the best of his or her knowledge and belief
that:
1. No appropriated federal funds have been paid, or will be paid, by or on behalf
of the undersigned to any person for influencing or attempting to influence an
off'icer or employee of' any agency, a Member of Congress, an offi'cer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant,the
making of any Federal loan, the entering into of any cooperative agreement/
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for i'nfluencing or attempting to influence an officer or
employee of any agency, a Member of Congress in connection with this Federal
Contract, grant, loanl or cooperative agreement, the undersigned shall
complete, and submit Disclosure, Fo�rm to Report Lobbying (Standard Form-LLL),
in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all sub-awards at all tiers (including subcontracts,
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sub-grants, and contracts under grants, loans, and cooperative agreements)
and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when thi's transaction was made or entered into., Submission of thi's
certification is a prerequi'site for making or enteri'ng into this transaction
imposed by Section 135,2, Title 31, U�.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure.,
XXVI WAI�VER OF ENFORCEMENT: No waiver by the City of the right to enforce any provision
of this Agreement shall be deemed a waiver of the right to enforce each and all the provi,si,ons
hereof.,
XXV11 REVISIONS AND AMENDMENTS AND APPROVAB
A. Any changes to this Agreement shall constitute an amendment.
B. The Subrecipien�t shall not expand, enhance, commingle or add to the scope of the
program, covered by the Agreement.
C. Amendments of the terms of this Agreement shall not become effective unless
reduced to writing, numbered, agreed to and signed by the City and the duly
authorized representative of the Subrecipient.
XXV111 NOTICE: Any notice of notices required or permitted to be given pursuant to this
Contract shall be personally served by the party giving notice or shall be served by certified
mail, postage prepaid, addressed to:
SUBRECIPIENT: CITY:
South Bay Community Services City of Chula Vista-Housing Division
Attn: President and CEO Attn: Housing Manager
430 F Street 276 Fourth Avenue Bldg C.
Chula Vistal CA 91910 Chula Vista, CA 91910
[Signature Page to Follow]
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SIGNATURE PAGE
IN WITNESS WHEREOF., the Subrecipient and City have executed this, contract as of the date first
written above.
CITY OF CHULA VISTA
Gary Halbert
City Manager
APPROVED AS TO FORM
Glen R. Gee, ins,
City Attorney
SUBRECIPIENT
South Bay Community Services,
Employer Federal ID: 95-2693142
DUNS ID: 113407779
Kathryn Lembo, President & CEO
HOMIE TBRA Agreement
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Aq��f/
"#�'
CITY OF
CHULAVISTA HOUSING DIVISION
Attachments to Agreement
Attachment A -Scope of Work
Attachment B-- Insurance Requirements
Attachment C M U D Income Limits
Attachment U— Disclosure Form
Attachment E- CPC Notice Guidance on Tenant-Based Rental Assistance under the NOME Program
Attachment F- Sample, Monthly Payment Authorization form.
Attachment G- N O� lI E Sete up Form
Attachment N City Release of Information
Attachment I- HUD Waivers (approved)
2020-05-12 Agenda Packet, Page 207 of 310
ATTACH ME NT A
SCOPE OF WORK
1. The Subrecipient agrees to work with the City to locate and assi'st, up to 40 low income
households earning less than 60%of the Area Median income who live in the City of Chula
Vista. Project shall be implemented in accordance with the provisions contained in the
Federal Act, the most, recent HOME Program regulat'ions (24 CFR Part 92) and this
Agreement. Subrecipient responsibilities include but are not limited to:
a) Providing approximately 40 HOME Tenant Based Rental Assistance (TBRA for short
term or medium-term assistance, in accordance with Title 24, Code of Federal
Regulations Section 92.209, and South Bay Community Services Tenant Based Rental
Assistance Program Administrative Plan (TBRA-AP). This assistance can include
security deposit,assistance (up to I month's rent) and utility assistance in accordance
with the TBRA-AP. The TBRA-AP shall be consistent with the Chula Vista City Council
item 1#20-0152 that was approved by City Council on May 12, 2020.
b) Subrecipient can also use the HUD approved waivers included in Attachment I to
implement the Program through December 31, 2020, unless extended by HUD.,
c) Counsel prospective tenants regarding landlord/tenant responsibilities., methods of
locating suitable units and equal housing opportunity laws;
d) Maintain a waiting list and administer the HOME TBRA program as stated in CPD
Notice 96-07 Guidance of Tenant-Based Rental Assistance under the HOME Program
(Attachment E), Building HOME Chapter 7, HOME Final Rule, and 24 CFR part 92;
2. General Program Rules Part 1:
a) Calculate and determine eligibility using the, United Stated Department of Housing and
Urban Development's Technical Guide for Determining Income and Allowances for the
HOME Program;
b) Provide financial literacy, and other self-sufficiency services to families receiving TBRA
assistance; and
c) Conduct Annual Eligibility Recertifications. Annual Inspections will also be required.
d) For each fiscal year, at 1010 percent of Eligible Households assisted through HOME TBRA
must be at or below 60 percent of area median income, adjusted for family size.
e) Eligibility is determined by comparing the household's anticipated gross annual income
for the next twelve months to the income limits,for the appropriate household size. (The
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2020-05-12 Agenda Packet, Page 208 of 31 Q
definition of annual income as defined in Section 8 of the United States Housing Act of
1937.) Verification of income should be completed in accordance with the rule of the
Section 8 Housing Choice Voucher Program.
f) Written certification of income eligibility must be obtained prior to occupancy. If
applicants or household members that are being assisted have, given false information
and do not meet their family obligations, the Subrecipient must notify the City and Trental
assistance must be,terminated.
g) Eligible Households who receive assistance under this Agreement must be currently on a
waiting list for a Section 8 Housing Choice Voucher Program and must be transitioned
from the HOME TBRA program to the Section 8 program if a Housing Choice Voucher
becomes available to them.
h) Eligible Households who receive assistance under this Agreement must be currently on a
waiting list for Public Housing and Affordable Housing.
i) Eligible Households must participate in family-self sufficiency services and develop a
housing plan.
J) No TB,RA application shall be accepted by the Subrecipient after expiration of this contract
unless otherwise extended in writing by the City, but in no event will the contract be
extended beyond an additional one year.
k) The Subrecipient is responsible for obtaining the following documentation for each
Eligible Household applying to receive TBRA:
1) Tenant Income, asset, and criminal history certification. If applicant discloses violent or
drug related criminal history, further research may be needed to determine eligibil�ity).
m) Signed HOME Coupon (voucher)
n) Request for Tenancy Approval (original)
o) Conduct a Rent Reasonableness certification; and
p) Signed Lease and Lease Addendum (copy).
q) Rental assistance under this program is not portable and is available to Eligible
Households to rent the unit of their choice in the City of Chula Vista provided it does not
already receive any form of rental assistance. The assistance is conditioned upon
eligibility, issuance of a voucher, Housing Quality Standards Inspection, the execution of
a Lease Addendum between the landlord/owner and the Eligible Household, and a
Housing Assistance Payment contract between the landlord/owner and the City of Chula
Vista.
3. Generall Program Rules Part 11
a) The Subrecipient will apply its stated method of continued program participation,
including annual income certification and unit inspections, as documented in their Tenant
Based Rental Assistance Program Administrative Plan. If Income exceeds 6,0% of Area
Median Income at recertification, assistance must be terminated.
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2020-05-12 Agenda Packet, Page 209 of 31 Q
b) Assisted units may be publicly or privately owned; however, units covered under a
project-based rental assistance agreement or Public Housing Authority units are not
eligible.
c) The City must perform initial and annual on-site inspections of rental housing occupied
by tenants receiving HOME-ass steed TBRA to determine compliance with property
standards for 24 CFR Part 92.251. The City will be required to inspect units at initial
occupancy and certify that the unit meets minimum HUD, Housing Quality Standards
(HQS). The City's Housing Assistance Payments (HAP) will not begin until the unit has
passed a HCS inspection and the unit has been approved by the City of Chula Vista.
d) The S,ubrecipient shall execute a Housing Assistance Payment contract with the
landlord. In addition, the Subrecipient shall obtain a copy of the signed lease agreement
and Lease Addendum executed between the landlord and the tenant.
e) The Subrecipient shall maintain a waiting list of families and a written tenant selection
policies and criteria that provide housing to low and very low-income families that is
consistent with the City's Consolidated Plan. During the term of the contract, the
preferences established by the Subrecipient must be consistent with the purpose of
providing assistance to very low and low-income families and the TBRA-AP. The waiting
list shall be used to fill openings based on their priority status and chronological place on
the waiting list.,
f) The term of the lease between the tenant and the owner must be at leas for one year,
unless both mutually agree in writing. The subsidy payments to the landlord under the
HOME TB,RA program shall not exceed 12 months from the date of initial occupancy and
in no event exceed the actual period of occupancy, if less than 12 months. The tenant
shall be solely responsible for any damages caused by breaching the lease that exceed the
security deposit.
g) Rental assistance calculations must be prorated during the initial month. Leases should
begin on the first day actual tenant occupancy. The City shall not be held responsible for
paying the rent if the resident chooses to move into the unit prior to City approval.
h) Certain lease provisions are prohibited under the Regulations. These provisions are
contained in the Lease Addendum which shall be executed by the landlord and tenant.
i) The amount of rental assistance paid on behalf of an Eligible Household is limited to the
difference between the established rent for the unit and thirty percent, (30%) of the
Eligible Household's gross monthly income.
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2020-05-12 Agenda Packet, Page 210 of 31 e
Example: $5,00 rent and $12,000 annual gross income would require a subsidy of:
($12,000/12, months) x .30 = $300 (tenant payment) $500 rent minus $30O tenant payment
= $200 monthly subsidy Exclusions are permissible when calculating income, (e.g..,
dependents, disability, elderly, and child care),.
j) Utility allowances are permissible when calculating rent.
i. Applicants whose subsidy calculations are less than $.50.00 per month are not
eligible to receive TBRA.
ii. Applicant's and Participant's minimum rent is $50.001.
iii. Subrecipient will develop and provide each participant with a Tenant Handbook (i.e.
Family Obligations) outlining the participant's responsibilities.,
iv. Match-As with all HOME Activities/ TBRA program expenditures require a 25% non-
federal local match. City will provide the required matching funds.,
k) The Subrecipient shall use the Housing Choice Voucher Model for calculating rental
subsidies. The maximum amount that the HOME TBRA program may pay to assist any
given household is the difference between 30, percent of the household's adjusted
monthly income and the lower of the contract rent or payment standard. The payment
standard is lesser of the County of San Diego's Payment Standard or the Fair Market Rent
(100%). For the initial lease for the unit, the family's share (total family contribution)
cannot exceed 40%, of the family's monthly adjusted income (including exempt
income). The minimum tenant payment is $50.0O.,
1) Issues not covered in this agreement are to be handled in accordance with HUD 24 CFR
Part 92, HOME Investment Partnerships Program Final Rule, Community Planning and
Development Notice 96-07 (CPD Notice 96-07)1,, and HUD's Technical Guide for
Determining Income and Allowances for the HOME Program.
City Requirements:
a) The City and/or the City's monitoring agents will monitor the performance of the
Subrecipi'ent as it relates to this Agreement on a periodic basis. City may request
quarterly meetings.
b) The Subrecip,ient will transmit to the City a Monthly Payment Authorization form
(Attachment F), authorizing payment for all Eligible Households. Households that are
subsequently determined to be ineligible or who have served notice they have vacated
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2020-05-12 Agenda Packet, Page 211 of 31 Q
must be removed from the next monthly submittal. Subrecipient must notify the City
within 10 days in the event that a tenant moves out of a TBRA assisted unit.
Performance:
a) ESTIMATED TIME SCHEDULE: Subrecipient will make all good faith and reasonable efforts
to implement the project in compliance with the following estimated implementation
schedule, or earlier:
June 30, 2022
b) ESTIMATED BUDGET. Subrecipient shall make all good faith and reasonable efforts to
complete the work under this Contract within the following estimated budget. In no case
shall Subrecipient be entitled to, nor shall CITY reimburse Subrecipient, for more than
$L000,,000 for work performed under this Contract.
Tenant Based Rental Assistance
Security Deposit Assistance (limited to one-month rent per family)
• Utility assistance
In addition to the required quarterly reports identified in Section XVI of this CONTRACT, the
Subrecipient shall document eligibility mentioned above to ensure that those served are at or
below 60 percent of the Area Median Income as established by the Ui.S,. Department of Housing
and Urban Development (HUD). This information is to be collected and compiled at the kept for
(5) years, and shall be submitted to the City of Chula Vista upon receipt of a written request and
at the time of any monitoring of'project records.
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2020-05-12 Agenda Packet, Page 212 of 31 Q
SOUTH BAY COSI MUNI IT "ICES
lim it `of CV TB RA
Annual t
P'ERSO 11 l L Salary Program IFS'20121
Prog ra m biro to r-G,Schroedbr $ 90,054 5% 47,503,
Program Cry r in t r-S Casas, 54,500 27,250'
Landliolird Engagement Specialist 42,000, 21 AD
FSS,Assodate-L RoldrigLiez, $ 47,262 '100% 47,262
FSS Associate-M Ramirez 395327 100% 391327
GOA Staff 43,680 2 10220
0
li b-T IIIl n rig 150,262
FICA 1104 5
U 924
Pension 7,015,
Health II sur me, 25A740j
Insurance W/Compensatio,n L503
TOTAL PERSONNEL 196$939
Mileage 31654
Equipm&nt 2`x 51
Rent 7'93V650j
Telephorte Expense, 3,1240,
TOTAL NOWPERSONNEL $8031,061
TOTAL DIRECT TX001000
1 IM01,000
F-\F IBCAL\ACCOLI NTII"G ,01fi TRACT\ ity of CV T B M%,CV TIBRA iBudgets_xI,s;x
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2020-05-12 Agenda Packet Page 213 of 3 10
ATTACHMENT B
INSURANCE REQUIREMENTS FOR SUBRECIPIENTS
Subrecipient must procure insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work under the contract and the results of that work
by the Subrecipient, his agents, representatives, employees or sub-subrecipients and provide documentation
of same prior to commencement or work. The insurance must be maintained for the duration of the contract.
1. Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CGO001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,, codel (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
fl. Minimum Limits of Insurance
Subrecipient must maintain limits no less than:
1. General Liability: $1,000,000, per occurrence for bodily injury, personal injury and
(Including operations, property damage. If Commercial General Liability insurance with a
products and completed general aggregate limit is used, either the general aggregate limit
operations, as applicable.) must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation Statutory
Employer's Liability: $1,,0100,,000 each accident
$1,,000,,000 disease-policy limit
$1,,000,,0100 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of
the City., either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain
to the City, its officers,, officials, employees and volunteers; or the Subrecipi'ent will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related investigations,, claim
administration, and defense expenses.
Attachment "IB"
Insurance Requirements
2020-05-12 Agenda Packet, Page 214 of 31 Q
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation policies are to
contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be
named as additional insureds with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Su�brecipient, where applicable, and, with
respect to liability arising out of work or operations performed by or on behalf of the
Subrecipient including providing materials, parts or equipment furnished in connection with
such work or operations. The general liability additional insured coverage must be provided
in the form of an endorsement to the Subrecipient's insurance using IS CG 2010(11185)or
its equivalent. Specifically, the endorsement must not exclude Products / Completed
Operations coverage.
2. The Subirecipients insurance coverage must be primary insurance as it pertains to the City,
its oiffi'cers, officials, employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance of the Subre,c,ipient and in no way relieves the Subrecipient from its
responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that coverage will not
be canceled by either party, except after thirty(30), days"prior written notice to the City by
certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage, for the active negligence, of the
additionalinsured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision (b), of Section 2782 of the Civil Code.
5. Subrecipi'ent's insurer will provide a Waiver of Subrogation in favor of the City for each
required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of California with
a current A.M. Nest's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer
must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI)with a current A.M. Best's
rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Subrecipi'ent shall furnish the City with original certificates and amendatory endorsements effecting coverage
required by this clause. The endorsements should be on insurance industry forms, provided those
endorsements conform to the contract requirements.
All certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require,,at any time,,complete,certified copies of all required insurance policies,
including endorsements evidencing the coverage required by these specifications.
2020-05-12 Agenda Packet, Page 215 of 31 Q
SubSubreciplents
Subrecipi'ent must include all sub-contractors as insureds under its policies or furnish separate certificates
and endorsements for each sub-contractors. All coverage for sub-contractors are subject to all of the
requirements included in these specifications.
2020-05-12 Agenda Packet, Page 216 of 31 Q
ATTACHMENT"C"
2019 AREA MEDIAN HOME INCOME LIMIT'S
(San Diego-Carlsbad,,, CA MSA)
01Y of
C UA ITA 0 US I I G D 1 1511 O I C6
Income
Number of Persons in Household
Category 1 2 3 4 5 5 7
Extremely $22,500 $25,700 $28,900 $32,100 $34,700 $37,250 $39,850 $43,430w
Very Low
II $37,450 $421800 $48,150 $53,500 $57,800 $62,100 $66,350 70,65
Income
Low Income $59,950 $688,500 $77,050 $85,500 $92,450 $99,300 $106,150 $1.13,00
Source: J.S.Dept.of Housing and Urban Development,published June 2'8,r 2019.
htt : ,r ,w.huldex h In �e.iinf r �r ms e horse-income-lir�it
2020-05-12 Agenda Packet Page 217 of 310
ATTACHMENT D
CITY DISCLOSURE STATEMENT
202005.12,ggcnA.i Packet Page 218 of 310
DISCLOSURE STATMENT
Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council,
Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial
Interests,payments,and campaign contributions must be filed.The following information must be disclosed-:
1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract
(e.g.,owner,applicant,,contractor,subcontractor, material supplier).
South Bay Community Services
2If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment
.
of$2000 or more in the business(corporation/partnership)entity.
I No appli■
cable. 1
3. If any person*identified in section 1 above is a non-profit organization or trust,list the names of any person who is the director
of the non-profit organization or the names of the trustee,beneficiary and trustor of the trust.
IKathryn Lembo 1
4. Please Identify every person, including any agents, employees, consultants, or independent contractors, whom you have
authorized to represent you before the City in thits matter.
Kathryn Lembo,Valerie Brew, Ismena Valdez
5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any
4
financial dealings with an official" of the City of Chula Vista as it relates to this contract,project or application within the past
12 months?Yes[:]'No[D if yes,briefly describe the nature of the financial interest the official may have in this contract.
Not applicable.
6. Has any person* anyone Identified in 1,, 2p 3, or 4, above, or otherwise associated with this contract,. project or application,
made a campaign contribution of more than$250 within the past twelve(12)months to a current member of the Chula Vista
City Council?NoZ Yes[:) If yes,which Council member(s)?
Not applicable.
7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contraq, project or application, provided
more than$420(or an item of equivalent value)to an official"of the City of Chula Vista in the past twelve(12)months?(This
includes any payment that confers a personal beneflt on the recipient, a rebate or discount in the price of anything of value,
money to retire a legal debt,gift,loan,etc.)YesE:]'No[D If Yes,list official and what was the nature of itern provided?
Not applicable*
8. Has any person* identified in 1, 2, 3, or 4. above,. or otherwise associated with this contract, project or application, been a
source of income of$500 or more to an official**of the City of Chula Vista in the past twelve(12)months?YesLJ 'Noz
If Yes, ■
identify the official and the nature of the income provided?
ENot a:pplicable.
■
3/5/2020
..............
Ell
Kathryn Lembo, President&CEO Slignaturem.1'',
Person is defined as:any individual,firm,co-.partnership,joint venture,,assocliation,social club,fraternal organization,corporation,
estate,trust,receiver,syndicate,any other county,,city.,mun1dpallty,,district,or other political subdivision,or any other group or
combination acting as a unit.
Official includes, but is not 1,1mited to:Mayor, ,or committee
of the City,and City employees or staff members.
DISCLOSURE STATEMENT
2020-05-12 Agenda Packwelt Page 219 of 3 10
ATTACHMENT E
U.S. Department o,f Housing and Urban Development
Community Planning and Development
Special Attention of: Notice CPD 96-07
All Secretary's Representatives
All State/Area Coordinators Issued: November 1, 1996
Regional Directors for CPD Expires: November 1, 1997
CPD Division Directors
All HOME Coordinators
All HOME Participating Jurisdictions Cross References: 24 CFR 92 .209
Subject: Guidance on Tenant-Based Rental Assistance under the HOME
Program.
TABLE OF CONTENTS
I. PURPOSE 2
Ii. BACKGROUND 2
III. SUSPENSION OF FEDERAL PREFERENCES 3
IV. ELIGIBLE ACTIVITIES 4
V. PROGRAM ADMINISTRATION 5
Vi. TENANT SELECTION 7
VII. PROGRAM REQUIREMENTS 12
VIII. SECURITY DEPOSIT PROGRAM 19
APP. SECTION 8 INCOME DEFINITION --
ADDITIONAL EXCLUSIONS 21
DGHP: Distribution: W-3-1
2020-05-12 Agenda Packet, Page 220 of 31 Q
PURPOSE
This notice outlines the basic requirements for using HOME funds
for a tenant-based rental assistance (TBRA) program. The Department
will also issue a model program that expands upon this notice. The
purpose of the model will be to assist State and local participating
jurisdictions (PJ ) with basic decisions regarding TBRA program design
and operation.
The Department has exercised its discretion based on the statute
to make the TBRA program, as described in recent regulations and this
notice, flexible and responsive to local market conditions and housing
needs. The current regulations may not address all the design or
operational considerations. As a result, some PJs may wish to
structure TBRA programs in a manner that is not entirely consistent
with HOME regulations. In some instances, it may be possible to waive
certain regulatory requirements, if statutory flexibility exists and
the PJ can demonstrate good cause for the request.
II. BACKGROUND
TBRA was first authorized under section 212 of the Cranston
Gonzalez National Affordable Housing Act (NAHA) . HUD implemented the
basic requirements for using HOME funds for TBRA through publication
of interim regulations at 24 CFR Part 92 on December 16, 1991 . TBRA
programs directly assist individual low-income families by making up
the difference between actual housing costs and what a family can
afford to pay. Tenants are free to select any standard unit, whether
or not it is HOME-assisted.
In October, 1992, the initial TBRA provisions were amended by
section 220 of the Housing and Community Development Act (HCDA) of
1992. HCDA made two significant amendments. First, it eliminated the
provision that required PJs to use the local Section 8 waiting list to
determine who would receive assistance. Instead, PJs were permitted
to select tenants in accordance with written tenant selection policies
and criteria that provide housing to low and very low-income families
and were reasonably related to the Federal preferences. Second, it
permitted PJs to administer programs that provide only security
deposit assistance, rather than requiring that security deposits only
be provided in the context of an ongoing rental assistance program.
These statutory revisions have been incorporated by interim rules
published in the Federal Register on December 22, 1992 and June 23,
1993.
HUD also implemented regulatory changes to provide PJ s greater
flexibility in administering TBRA programs. Publication of a rule on
April 19, 1994 made it possible for a PJ to establish its own payment
standard based on local market conditions and a determination of rent
reasonableness. The rule further clarified the term "reasonably
related to Federal preferences" and permitted a PJ' s non-Federal
contributions to a TBRA program that is not HOME-funded, other than
contributions for administrative costs, to count as match for the HOME
2,
2020-05-12 Agenda Packet, Page 221 of 31 Q
Program. A rule published on July 12, 1995 provided information on
using HOME TBRA to assist special needs populations.
On January 26, 1996, the Balanced Budget Downpayment Act, I.
suspended the Federal preferences applicable to public housing
admissions and the Section 8 voucher and certificate programs for
Fiscal Year 1996 (which ended on September 30, 1996) . HUD's FY 1997
appropriation act extended this suspension through Fiscal Year 1997,
which ends on September 30, 1997 . During Fiscal Year 1997, public
housing authorities are authorized to, establish their own preferences.
These local preferences may be established after opportunity for
public notice and comment and must be consistent with the
jurisdiction's Consolidated Plan. The temporary suspension of the
Federal preferences extends to the selection criteria for TBRA
programs funded by HOME.
III. SUSPENSION OF FEDERAL PREFERENCES
As described in the previous section of this notice, the Federal
preference requirements applicable to, HOME-funded TBRA programs have
been suspended for the remainder of Fiscal Year 1997. The effect of
this suspension is to permit a PJ to establish and provide TBRA based
entirely on a locally-established system of written tenant selection
criteria that is consistent with its Consolidated Plan. During this
time period, the preferences established by the PJ must be consistent
with the purposes of providing assistance to very low- and low-income
families. However, locally-established preferences will not be
required to be reasonably related to the Federal preferences.
For a PJ that is currently administering a TBRA program,, the
effect of this suspension may be simply to permit it to alter the
order in which families on the waiting list are selected, based upon
its system of preferences. Alternately, a PJ may wish to
fundamentally change its TBRA program by establishing a preference
system very different than the one it currently administers. For a PJ
that is in the process of designing a TBRA program, this suspension
may affect its program design and tenant selection system.
The current suspension is temporary. Legislative action will be
necessary to extend the suspension beyond September 30, 1997 or to
make it permanent. Before making any changes to an existing or
proposed TBRA program, a PJ should consider whether it could easily
bring its program back into conformance with the law if the suspension
terminates.
This notice assumes that the Federal preference suspension will
continue on a provisional basis. However, because the suspension may
not be in effect beyond September 30, 1997, it also outlines the
requirements that would apply to, HOME TBRA programs should the
suspension not be extended or made permanent. At the time that this
Notice was published, the Congress was considering rescinding the
Housing Act of 1937 which contains the Federal preference requirements.
3
2020-05-12 Agenda Packet, Page 222 of 31 Q
Should Congress take such action, it would eliminate the need for the
PJ's written tenant selection criteria to be reasonably related to
Federal preferences. Each PJ would be free to establish tenant
selection criteria based solely on the needs identified in its
Consolidated Plan.
IV. ELIGIBLE ACTIVITIES
A. Eligible Uses
HOME TBRA can be used to undertake one or a combination of the
following activities:
Free-standing rental assistance. A PJ may administer a rental
assistance program to, assist low- and very low-income families.
These freestanding programs are similar to the Section 8
certificate and voucher programs in that tenants choose their
housing within guidelines established by the PJ.
Special purpose programs. Within limitations described in
Section VII, E of this notice, PFJ s can use TBRA to support a
variety of local goals including self-sufficiency and
homeownership initiatives and assistance to special populations.
0 Self-sufficiency programs. PJs may require HOME TBRA
recipients to participate in self-sufficiency programs as a
condition of assistance. However, such conditions may not
be placed on tenants living in a HOME-assisted project who
receive TBRA as relocation assistance.
0 Homebuyer programs. HOME TBRA may assist a tenant, who has
been identified as a potential low-income homebuyer through
• lease-purchase agreement, with monthly rental payments for
• period up to 36 months. 1 While the HOME TBRA payment
cannot be used to, create equity, all or a portion of the
homebuyer's monthly contribution toward housing expenses may
be set aside for this purpose. If a PJ determines that a
tenant has met the leasepurchasecriteria and is ready to
assume ownership, HOME funds may be provided for downpayment
assistance.
0 Targeted Populations. PJs may establish local preferences
for special needs groups in a broad, community-wide TBRA
program or may design a program that exclusively serves one
or more special needs groups.
Anti-displacement assistance. TBRA can be used to minimize
displacement associated with HOME-funded activities. TBRA can be
HOME TBRA may not exceed 24 months but may be renewed at the PJ's
discretion.
4
2020-05-12 Agenda Packet, Page 223 of 31 Q
provided to income-eligible tenants who live in units that will
be acquired, demolished or rehabilitated with HOME funds.
Existing tenants in HOME-assisted projects who receive TBRA may
remain in the project or move to another suitable unit. These
tenants may be assisted with TBRA regardless of whether the PJ
administers a broader TBRA program and are not required to meet
2
written tenant selection policies and criteria.
Security and utility deposit assistance. PJs may provide
security deposit assistance to, tenants regardless of whether the
PJ is providing ongoing tenant-based rental assistance. Utility
deposit assistance may be provided only in conjunction with a
'TBRA program or a security deposit program.
B. Ineligible Uses
HOME TBRA funds cannot be used for the following:
0 to assist resident owners of cooperative housing that
qualifies as homeownership housing (cooperative and mutual
housing may qualify as either rental or owner-occupied
housing under the HOME Program, depending upon the
provisions of the agreement applying to the unit) . TBRA
may, however, be used by a tenant who is renting from a
cooperative unit owner;
0 to prevent the displacement of tenants from projects
assisted with Rental Rehabilitation Program funds under 24
CFR 511. (See 24 CFR 92.214) ;
0 to provide TBRA vouchers to homeless persons for overnight
or temporary shelter. The HOME TBRA subsidy must be
sufficient to enable the homeless person to rent a
transitional or permanent housing unit that meets Housing
Quality Standards (HS} .
V. PROGRAM ADMINISTRATION
Certification - To establish a TBRA program, a PJ must certify in its
Consolidated Plan that TBRA is an essential part of its approved
housing strategy and that market conditions in the locality make TBRA
a viable option. This means that an assessment of market factors has
been
2 The 1992 HCDA amendments require the PJ to certify in its
Consolidated Plan that it has a Residential Anti-displacement and
Relocation Plan for the HOME Program equivalent to the Plan required
for the Community Development Bloch Grant (CIBC} Program.
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undertaken and, because there is an ample supply of housing, a TBRA
program is an effective way to expand affordable housing opportunities
in the community.
Program Operation - A PJ may administer its TBRA program or contract
administrative functions out to another entity, such as a local public
housing agency (PHA) , another public or private agency, or a nonprofit
organization. In deciding whether to administer its program or
contract out, the PJ should consider its TBRA program design. If its
'TBRA program will be modeled after the Section 8 certificate or
voucher programs or uses the Section 8 waiting list, it may be
administratively simpler to contract with the PHA. Alternately, if
the program will use an independent waiting list or target special
populations, it may be preferable for the PJ or another entity to
administer the TBRA program.
A PJ that is an urban county or consortium may establish a TBRA
program that is limited to a single or multiple jurisdictions, but
does not encompass the entire PJ. For instance, one local government
participating in a consortium may administer a TBRA program in its
jurisdiction.
It should be noted that the provision of TBRA is not an eligible
Community Housing Development Organization (CHDO) set-aside activity.
If a PJ selects a CHDO to, administer its TBRA program, the CHDO is
acting as a subrecipient and general HOME program funds (not CHDO
set-aside funds) must be used.
Administrative Costs - HOME funds may be used to pay for reasonable
planning and administrative expenses associated with operating a TBRA
program, regardless of what entity operates the program. Such
expenses are limited by the ten percent cap on administrative costs.
TBRA administrative costs are not considered "project soft costs"
under 24 CFR 92.206 (b) .
Match - As with all HOME activities, TBRA program expenditures require
a 25% local match. A PJ may count non-Federal funds that it
contributes to its HOME TBRA program as a matching contribution. It
may also count as match any funds it contributes to a TBRA program
which does not use HOME funds but meets the HOME Program requirements
(see 214 CFR 92,.219 (b) (1) ) . HOME funds expended for TBRA may be matched
with "funds from any eligible match source, not just TBRA-related
contributions. Payment of costs associated with administration of a
TBRA program does not count as match.
TBRA Project Set Up - To access funds, information concerning the
project must first be provided through the HOME Cash and Management
Information System (C/MI), , or the Integrated Data and Information
System (IDIS) , which is replacing the C/MI. Until a PJ has been
converted to IDIS, all TBRA projects set up through the C,/MI system
should be reported on Form HUD-40095. Each TBRA project may include
several hundred individual households. Once a TBRA project has been
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set up, the PJ may add families to the project for up to 6 months.
The TBRA set-up form requires each tenant's Social Security number and
certain demographic information.
The set-up of TBRA projects in IDIS is similar to the set-up in the
HOME C, Ml. However, there is neither a limitation on the number of
households that can be included in a single project (referred to as an
activity in IDIS) nor a time limit for adding families to the project.
Drawing Down Funds - As with all HOME funds,, TBRA funds drawn from the
U.S. Treasury must be expended within 15 days. Thus, draws may not be
made for TBRA on a quarterly basis.
VI. 'TENANT SELECTION
A. Income Eligibility/Verification
HOME funds can only be used to assist low-income families with incomes
at or below 80% of area median income as determined by HUD. In
addition, for each fiscal year's HOME allocation, 90% of the families
assisted with HOME funds for TBRA and other rental activities must
have incomes which are at or below 60% of area median income (see 24
CFR 92.216) .
The PJ must determine the income and eligibility of all proposed
beneficiaries before the TBRA contract is signed. The HOME final
rule, which was published on September 16, 1996, amended the income
definition to permit RJ s to choose from among three definitions of
income (the Section 8 definition, the U.S. Census long form
definition, and the IRS definition of adjusted gross income) . A PJ
that chooses the Section 8 definition of income for its TBRA program
should follow the procedures outlined in the Technical Guide for
Determining Income and Allowances for the HOME Program, which HUD
issued in May, 1994 . In addition, PJs should note that a rule
published on April 5, 1996 added nine exclusions to the definition of
income applicable to HOME TBRA programs. That definition was
subsequently moved to 24 CFR 5. 609 by a regulation published on
October 18, 1996. (See the Appendix to this notice for a list of the
nine additional exclusions), . PJs opting for the IRS or Census
definitions must adhere to, the instructions developed by those
agencies for calculating income.
In accordance with the Section 8 program rule at 24 CFR 982.352 (c) (6) ,
Section 8 rental assistance voucher and certificate holders cannot
also receive TBRA under the HOME Program because the two programs
would provide duplicative subsidies. HOME TBRA recipients who are
offered a Section 8 voucher or certificate must relinquish HOME
assistance, if they wish to accept the Section 8 assistance.
Similarly, a family currently receiving Section 8 rental assistance
may not accept HOME TBRA without relinquishing
2020-05-12 Agenda Packet, Page 226 of 31 Q
the Section 8 assistance. However, a Section 8 rental assistance
recipient @a receive HOME-funded security deposit and utility deposit
assistance.
Similarly, a family cannot receive HOME TBRA if they are receiving
rental assistance under another Federal program (e.g. , Section 521 of
the Housing Act of 1949 provided through the Rural Housing Service) or
a State or local rental assistance program, if the HOME subsidy would
result in duplicative subsidies to the family. [NOTE: Some State and
local rental assistance programs do, not provide assistance in amounts
sufficient to lower a tenant's rental payment to 30 percent of income.
In such cases, HOME TBRA could be provided as supplemental assistance
to further reduce the tenant's rent payment to 30 percent of income. ]
In addition, HOME TBRA should not be provided to a family who proposes
to rent a unit that receives pro,ject-based rental assistance through
Federal, State or local programs, if the HOME assistance would provide
a duplicative subsidy.
Income and eligibility determinations for a newly participating tenant
remain valid for up to six months. Income eligibility criteria must
be met, regardless of the type of TBRA program the PJ will administer
(i.e. , anti-displacement,, security deposit, or freestanding) . Special
needs populations are not presumed to be low-income.
The PJ (or TBRA administrator) must reexamine family income, size, and
composition at least annually. The family' s contribution toward rent
may need to be adjusted as a result of the annual income
reexamination. Although not required by the HOME regulations, the PJ
may require families to report changes in income that occur between
annual income examinations.
Because HOME funds may only be used to assist families with incomes at
or below 80% of area median income, assistance to tenants whose
incomes rise above 80% of area median income must be terminated after
the PJ gives reasonable notice to, tenant and owner. Since the PJ
normally would make any required payment adjustment or contract
termination at the end of the rental lease period, it should time the
income recertification process so that tenants whose assistance will
be terminated or whose required contributions toward rent will be
increased can be given reasonable notice of the change. In
determining what period constitutes reasonable notice, the PJ should
consult both State law and common practice in the area.
B. Tenant Selection Criteria
Scenario 1: Under the Federal Preference Suspension
The HOME Program rule requires that PJs select tenants in accordance
with written tenant selection policies and criteria. These policies
and criteria must be consistent with the purpose of providing housing
to very low- and low-income families. Under the temporary suspension
of the Federal preferences in effect until September 30, 1997, PJs may
establish their own preference systems for selecting families for
rental assistance.
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The locally-established preference system must be consistent with the
priorities established in the Consolidated Plan.
The Federal preference suspension applies to PHAs administering
Section 8 rental assistance, as well as to PJs administering HOME
TBRA. A PHA and a PJ administering rental assistance in the same
jurisdiction are not required to use the same preference system.
However, HUD encourages entities providing assistance to families
within the same jurisdiction to coordinate their efforts to the
greatest extent possible.
Scenario 2: Elimination of the Housing Act of 1937
Should Congress rescind the Housing Act of 1937, there would no
longer be any Federal preferences for admission to public housing and
Section 8 assistance. Consequently, PJs would no longer be required
to establish preferences for their "OBRA programs that are reasonably
related to the Federal preferences. Each PJ administering a TBRA
program would establish a written tenant selection system consistent
with the needs identified in its Consolidated Plan.
Scenario 3: Federal Preference Requirements In Effect (suspended
through 9/30/97)
PJs that operate TBR A programs must select tenants in accordance with
written tenant selection policies and criteria. The policies and
criteria must be consistent with the purpose of providing housing to
very low- and low-income families and be reasonably related to
preference rules established under section 6 (c) (4) (A) of the U.S.
Housing Act of 1937.
The term "reasonably related to Federal preference rules" means that
at least 50% of the families assisted must qualify for one of the
three Federal preferences. Those Federal preferences are:
0 families living in substandard housing, including families
that are homeless or living in a shelter for homeless
families;
0 families paying more than 50% of family income (gross) for
rent; or
0 families involuntarily displaced at the time they are
seeking TBR.A assistance.
PJs may rank the Federal preferences to serve those families they deem
most in need. For instance, a PJ may give preference to families who
are involuntarily displaced over those living in substandard housing.
In addition, the PJ may rank the definitional elements of each Federal
preference to reflect its own priorities.
Section 6 (c) (4) (A) of the Housing Act of 1937 requires that PHA's
prohibit any individual or family evicted from public housing or
assisted under
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2020-05-12 Agenda Packet, Page 228 of 31 Q
Section 8 because of drug-related criminal activity from having a
preference for three years, unless the evicted tenant successfully
completes a rehabilitation program approved by the agency. Each PJ
should determine whether this or a similar policy is appropriate for
its HOME TBRA program.
The PJ may establish local preferences for assisting the 50% of
families who are not required to qualify for a Federal preference.
Local preferences must be established in writing and respond to local
housing needs and priorities.
Examples of local preferences that might be provided include
preferences for families who:
0 have veteran's status.-
0 lack adequate housing and whose children eventually may be
proposed for placement in foster care as a result. (These
families are usually identified by local agencies that are
involved in providing for children's welfare) ;
0 are members of special needs populations, such as battered
spouses, persons with AIDS, senior citizens or those with
disabilities.
In establishing local preferences, PJ s must consider how specific
preferences will impact fair housing efforts in its community. The
local preferences must not result in discrimination against any person
on the basis of race, color, religion, sex, national origin, handicap
or familial status. In monitoring a PJ's fair housing efforts,, HUD's
Office of Fair Housing and Equal Opportunity will consider both the
intent and the effect of local preference rules.
C. Waiting .its
To implement its tenant selection policies for an ongoing TBRA program
in a fair and orderly manner, a PJ must use a waiting list for
families applying for TBRA. The PJ may choose to use a Section 8
waiting list that covers the jurisdiction or may establish a separate
waiting list for HOME TBRA applicants. In determining which list to
use, the PJ will need to consider the following factors:
0 The preferences established by the PHA and how those
preferences compare with the Pj 's priorities for assistance.
If the PHA has adopted its own preferences as permitted
under the temporary suspension of Federal preferences, the
PJ should examine those preferences. If the suspension is
terminated or the PHA has chosen not to establish its own
preference system, the PJ should examine both the local
preferences established by the PHA and the manner in which
it prioritizes the Federal preferences. If the
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2020-05-12 Agenda Packet, Page 229 of 31 Q
PHA's preference system will not result in assistance being
provided to the subpopulations that the PJ deems most in
need, the PJ should consider establishing a separate HOME
TBRA waiting list.
0 The length of the PHA's Section 8 waiting list and the
turnover rate of vouchers and certificates. In communities
where the existing Section 8 waiting list is very long and
the unavailability of new or turnover resources results in
long periods on the waiting list, a PJ's priority may be to
provide interim assistance to families who are currently on
the Section 8 waiting list. In these instances, the PJ will
adopt the Section 8 waiting list and use HOME TBRA to
supplement the existing Section 8 program.
0 The RJ s preferred program design. If the PJ wishes to
administer a TBRA program that closely resembles the Section
8 voucher or certificate program and finds the PHA' s
preference system acceptable, it may wish to adopt the
Section 8 waiting list (and, perhaps., to contract with the
PHA as the administering agent) for simplicity' s sake.
However, if the PJ wishes to implement a program that is
very different from the Section 8 programs, there may be no
advantage in adopting the Section 8 waiting list.
0 The Pj 's capacity and preference with respect to an
administering agent. If the PJ plans to administer the TBRA
program itself or to contract out with a capable nonprofit
organization, it will have flexibility with respect to
choosing a waiting list for its program. However,, if the PJ
lacks capacity to administer the program and chooses to
contract with a PHA, it may have little choice but to adopt
the PHA waiting list. The PHA may be reluctant to take on
the added responsibility of establishing and maintaining a
separate waiting list and administering selection criteria
that are very different from its existing program.
D. Section 8 Availability
The HOME statute requires that families who receive HOME TBRA and are
also on the Section 8 waiting list continue to qualify for Section 8
assistance to the same extent as they did before they received the
HOME TBRA. Consequently, when the Federal preferences are in force,
the PHA must carefully document how an applicant for HOME assistance
who is also on the Section 8 waiting list meets Federal preference
requirements at the time HOME assistance is provided to preserve the
applicant's qualification to receive future Section 8 assistance. if
a Section 8 voucher or certificate becomes available through turnover
or additional budget authority and the next eligible family on the
Section 8 waiting list is a HOME TBRA recipient, that family must be
offered a Section 8 voucher or certificate. The PJ and PHA should
develop a procedure for offering Section 8 assistance to HOME TBRA
recipients who become eligible for a voucher or certificate at regular
intervals (e.g. , monthly, quarterly, or less frequently, depending on
average turnover of vouchers and certificates) .
2020-05-12 Agenda Packet, Page 230 of 31 Q
Under the current suspension of Federal preferences, the PJ should
document how the HOME TBRA recipient meets Federal preference
requirements and, if the PHA has adopted a local preference system,
the local preference requirements. This will permit the Pi to
determine a HOME TBRA recipient's initial eligibility for Section 8
under the Federal preference system if the suspension lapses.
Should legislation permanently eliminate the Federal preferences, the
HOME Program requirement that HOME TBRA recipients maintain their
place and status on the Section 8 waiting list would also be
eliminated. However, HOME TBRA is often a temporary resource for a
low-income family. Consequently, the PJ should coordinate with the
local PHA so that the PHA's policies do not disqualify applicants who
come to the top of Section 8 waiting list because they are currently
receiving HOME TBRA.
E. Assisting Special Needs Populations
HOME TBRA may be used to assist special needs populations
regardless of whether the Federal preference suspension is in effect.
This can be done in one of two ways:
0 General TBRA Program. A PJ administering a community-wide TBRA
program may establish a local preference for persons with special
needs (e.g. , persons with disabilities) or for a specific
category of individuals with special needs (e.g. , chronically
mentally ill individuals) . A preference may be provided for
persons with a particular type of special need, if the specific
category of need is identified in the PJ's consolidated plan as
having unmet need and the preference is needed to narrow the gap
in benefits and services received by such persons.
In conjunction with the TBRA, the PJ may offer non mandatory
services appropriate for persons with a particular disability.
The nature of these services should be identified in consultation
with persons with special needs residing in the community.
Generally, TBRA and related services should be made available to
all persons with disabilities who can benefit from such services.
0 'TBRA Program for Persons with Special Needs. A PJ may establish a
TBRA category of special needs or disabilities. The PJ may
accomplish this simply by limiting eligibility for assistance to
special needs groups it wishes to target. If the Federal
preference rules are in effect, then 50% of the individuals
assisted must qualify or would qualify in the near future for a
Federal preference. As with a general TBRA program, the PJ may
provide appropriate, non-mandatory social services in conjunction
with the TBRA. TBRA may be provided exclusively to persons with
a particular type of special need, if the specific category of
need is identified in the PJ's consolidated plan as having unmet
need and the preference is needed to narrow the gap in benefits
and services received by such persons.
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VII. PROGRAM REQUIREMENTS
A. Rent Requirements
Payment Standards
Each PJ administering a TBRA program must establish a payment standard
for units of each available bedroom size. This standard is intended
to represent the rent and utility costs of moderately priced units
that meet the Section 8 Housing Quality Standards (HS) in the
jurisdiction. It is important that the PJ establish its payment
standard carefully. A standard that is set too low in comparison to
the market will result in assisted families experiencing difficulty in
finding housing. A payment standard that is set too high will result
in excessive subsidies and fewer families being assisted.
A PJ may determine its HOME payment standard in one of two ways:
1) The PJ may develop a standard based on documented local market
conditions.
2) To conform more closely to PHA rent standards, the PJ may adhere
to the following:
0 For each unit size, the rent standard may not be less than
80% of the published Section 8 Existing Housing fair market
rent (FMR) in effect when the PJ adopts its rent standard
amount.
0 For each unit size, the rent standard may not be more than
the FMR or HUD-approved community-wide exception rent
(discussed below) in effect when the PJ adopts its rent
standard amount.
0 For not more than 2,0% of the total number of units assisted
in their TR A program, a PJ may approve, on a unit-by-unit
basis, a subsidy based on a rent standard that exceeds the
applicable FMR by up to ten percent.
NOTE: The PJ must disapprove a lease if the rent is not reasonable,
based on rents that are charged for comparable unassisted
rental units.
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Community-wide Exception Rents
Under certain circumstances, HUD approves maximum gross rents for the
Section 8 Certificate Program for units in a designated municipality,
county or similar locality that are higher than the FMR (see 24 CFR,
882.106 (a) (3) ) . These rents,, generally referred to as community-wide
exception rents, may equal up to 120% of the FMR applicable to the
entire jurisdiction.
The PJ may use HUD-approved exception rents in lieu of the FMR to
establish the rent standard for HOME TBRA. HOME does not require that
a PJ provide additional rationale for adopting exception rents.
TBRA in HOME-Assisted Units
Rents in HOMEassistedunits must meet the requirements of 24 CFR
92.252. When a family that receives HOME TBRA resides in a HOME
assisted unit, the maximum rental assistance subsidy is the difference
between the HOME rent and 30% of the family's adjusted monthly income.
PJ and Tenant Rent Contributions
The maximum amount of subsidy the PJ may provide to a family is the
difference between 30% of the family's monthly adjusted income and the
payment standard established by the PJ for the size of unit the family
will occupy. The PFJ's contribution toward rent may vary each year
because the family moves, the rent on the unit increases or decreases,
or the family's income changes.
The PJ also must establish a minimum tenant rent contribution. If the
PJ is assisting a tenant with a very low-income, that contribution may
be minimal.
If a PJ contracts with a PHA to operate its program, it may wish to
adopt the Section 8 housing certificate or voucher program rules.
Under the certificate program, families pay a specified percentage of
their income for housing, usually 30%, and a limit is set on what the
owner can charge for rent. Housing vouchers assume that the family
will pay 30% of adjusted income, but do not limit the amount an owner
can charge for rent. Vouchers limit only the subsidy amount and,
therefore, a family may pay more than 30% of its income for rent. A
tenant's contribution to rent may change each year as a result of
changes in adjusted family income. HUD generally publishes area
median incomes in January.
Rent Increases and Decreases
The owner may adjust the rent levels as leases are renewed. They must
be reviewed and approved by the PJ. HUD generally publishes FMR; in
late September.
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B. Terms of Assistance
Unlike the Section 8 programs which make payments to the landlord,
HOME 'TBRA payments may be made either to the unit owner or the tenant.
The term of the rental assistance contract must begin on the first day
of the lease. For a rental assistance contract between the PJ and an
owner, the term of the contract must end upon termination of the
lease. If a PJ makes payments directly to the family, that agreement
need not end upon termination of the lease, but no payments may be
made after termination of the lease until the family enters into a new
lease.
TBRA agreements may not exceed 24 months. However, the PJ, at its
discretion, may renew a "IBR... agreement.
C. Lease Requirements
The term of the lease between a tenant and the owner must be for not
less than one year, unless another term is mutually agreed upon by the
tenant and the owner.
The lease may not contain any of the following terms (see 24 CFR
92.253 (b) ) :
0 agreement by the tenant to, be sued, to admit guilt,, or to a
judgment in favor of the owner in a lawsuit brought in
connection with the lease.
0 agreement by the tenant that the owner may take, hold or
sell personal property of household members without notice
to the tenant and a court decision on the rights of the
parties. This prohibition, however, does not apply to an
agreement by the tenant concerning disposition of personal
property remaining in the housing unit after the tenant has
moved out of the unit. In that case, the owner may dispose
of this personal property in accordance with state law.
0 agreement by the tenant not to hold the owner or the owner's
agents legally responsible for any action or the failure to
act,, whether intentional or negligent.
0 agreement of the tenant that the owner may institute a
lawsuit without notice to the tenant.
0 agreement by the tenant that the owner may evict the tenant
or household members without instituting a civil court
proceeding in which the tenant has the opportunity to
present a defense or before a court decision on the rights
of the parties.
0 agreement by the tenant to waive any right to a trial by
jury.
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0 agreement by the tenant to waive the tenant's right to
appeal or to otherwise challenge in court a decision in
connection with the lease.
0 agreement by the tenant to, pay attorney fees or other legal
costs even if the tenant wins in a court proceeding by the
owner against the tenant. The tenant, however, may be
obligated to pay costs if the tenant loses.
D. 'Termination of Tenancy
The PJ must develop standards outlining when unit owners may terminate
tenancy or refuse to renew a lease in its TBRA program. These
standards must be established in writing and be included in the lease
between the owner and the TBRA recipient and/or, if appropriate,, the
TBRA agreement between the PJ and tenant. The PJ should address the
permissible grounds for termination or tenancy/refusal to renew and
establish notification requirements for these actions. Please note
that the requirement for 30 days notice for termination of
tenancy/refusal to renew in HOME-assisted units does not apply to
owners of units occupied by HOME TBRA recipients.
E. Portability
'The PJ may require tenants to, use their TBRA within the PJ or may
establish a portability policy, allowing use of TBRA outside of the
jurisdiction. The experience of many PHA s using portable housing
vouchers has been that most tenants move to nearby jurisdictions,
usually only across city or county lines.
If a PJ permits portability, it must develop procedures to satisfy
HOME TBRA requirements at a distance. Unless it limits portability to
contiguous jurisdictions, it may be impractical for the PJ to attempt
to oversee the program itself. Thus, it may wish to make arrangements
with a government agency or PHA in the jurisdiction to which the
family is moving to administer the TBRA or to use a subrecipient or
contractor to do so. Requirements that the PJ should consider in
establishing a portability policy include the need to:
0 initially and annually inspect units occupied by TBRA
families;
0 execute necessary documents with the family and the owner;
and
0 make monthly rent payments and/or security deposit payments
on behalf of the PJ to the owner and/or utility companies.
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F. Eligible Units
The PJ must establish occupancy standards that will be used to
determine the unit size (i.e. , number of bedrooms) that TBRA families
of various sizes and composition will be permitted to occupy. The
PST's standards for occupancy must be at least as stringent as those
set out in the Section 8 Housing Quality Standards (HQS) . At the time
that it is approved for TBRA, the family should be counseled regarding
the size of the unit for which it is approved, whether it will be
permitted to select a unit that is larger or smaller than the approved
unit size and what the consequences of such a decision will be with
respect to the family's monthly contribution toward rent. The PJ may
refer the TBRA family to suitable units. However, the PJ must inform
the family that it is not obligated to select a referral unit.
Rental units are selected by the tenant, and:
0 may be owned by the PJ, a PHA or another public entity or be
privately owned housing;
0 may include units developed or rehabilitated with HOME
assistance;
0 may be transitional housing units, if the lease terms meet
the minimum lease requirements;
0 must not be units receiving public or Indian housing
assistance, any Section 8 rent subsidies, or any other
Federal, State or local subsidy that provides a duplicative
subsidy to the HOME TBRA recipient or the unit which they
propose to rent; and
0 if part of a cooperative, must be rented from the owner of
the cooperative unit. HOME TBRA cannot be used to pay
cooperative shares if the cooperative membership is
considered ownership under HOME.
In conjunction with the annual reexamination of income, the PJ must
reexamine the TBRA family's size and composition to determine whether
its circumstances have changed. Depending upon the occupancy
requirements established by the PJ, a family whose size or composition
has changed may be required to find a unit that is suitable to its
current circumstances.
Housing occupied by a family receiving TBRA must meet Section 8 HQS.
The housing must meet both the performance and acceptability
requirements outlined at 24 CFR 982.401. PJs may request waivers to
permit specific variations on BCS. Examples that may justify
deviations include local climatic or geological conditions or local
codes. The PJ must inspect units selected by families receiving TBRA
to determine whether they
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2020-05-12 Agenda Packet, Page 236 of 31 Q
meet HQS before authorizing their initial rental and, thereafter, must
inspect the units annually. The owner must maintain the premises in
compliance with all applicable housing quality standards and local
code requirements throughout the period of the TBRA family' s
occupancy.
G. Self-Sufficiency Programs
Pis administering a freestanding TBRA program may require HOME TBRA
recipients to participate in self-sufficiency programs as a condition
of assistance. All terms and conditions of participation should be
clearly spelled out in the written agreement between the tenant and
the PJ.
During the term of the TBRA contract, the PJ may not withdraw rental
assistance based on the tenant's failure to continue participation in
the program without providing proper notice in accordance with the
standards the PJ established in the TBRA agreement. Because it may
prove administratively simpler, Pis considering conditioning rental
assistance on participation in such programs may wish to limit the
term of assistance to a short period of time (e.g. , 6 or 12 months)
rather than attempting to terminate assistance for noncompliance
during the contract term. In such instances, TBRA participants should
be assured that the assistance will be renewed if the conditions
established by the PJ are met.
H. Making the Payments
Unlike the Section 8 program, which requires that subsidy payments be
made directly to the owner,, a PJ using HOME TBRA funds may provide
monthly payments to the tenant directly or to the owner on behalf of
the tenant.
Paying tenants directly may eliminate paperwork and save staff time
because no contract between the PJ and owner is necessary. The PJ
must,, however, examine the lease to make certain it does not contain
prohibited lease terms and inspect the unit. A "real-world" tenant
owner
market relationship, in which tenants pay owners, results. if
the PJ makes payments directly to, tenants,, the contract should include
provisions to recoup HOME funds for nonpayment of rent.
If the PJ decides to pay owners directly, the PJ has the advantage of
negotiating the rent. Also, paying the owner directly may encourage
private owners to participate because they will receive at least a
partial rent payment from the PJ each month. If a PHA administers the
program for the PJ, this procedure may be preferable because Section 8
payments are made only to owners. Consequently, the HOME TBRA
payments can be easily integrated into, the PHA's financial management
system,, resulting in lower front-end and processing costs.
The PJ also may choose to reimburse tenants for rent paid to the
owner. However, this may not be practical because families may not
have the money up-front to, make their entire rent payment.
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I. Utility Deposits
The PJ may pay utility deposits for tenants who are also participating
in a TBRA program or a security deposit program. Deposits may be made
for utilities authorized under the Section 8 utility allowance (such
as electric, gas, water and trash) . Deposits for services incidental
to housing, such as telephone service and cable television, cannot be
paid with HOME funds.
The PJ may make the utility deposit available to the family as a loan
or grant or may make payment directly to the utility company. if
offered as a grant, the tenant may keep any remaining funds when the
family departs from the unit. If offered as a loan, the PJ must make
arrangements with the tenant or utility company to return any
remaining funds to it. Returned funds are treated as program income
and must be reinvested in other HOME-eligible activities (see 24 CFR
92.503 (b) ) . In determining whether to grant or loan these funds, the
Pi should consider the time and effort involved in collecting any
remaining funds from the tenant or utility company.
VIII. SECURITY DEPOSIT PROGRAM
TBRA may be used for security deposits, regardless of whether the
tenant is receiving ongoing rental assistance. For a security deposit
program:
0 the relevant state or, local definition of "security
deposit" in the jurisdiction where the unit is located
applies.
0 the maximum amount of HOME funds that may be provided for a
security deposit is the equivalent of two months rent for
the unit.
0 only the prospective tenant, not the unit owner, may apply
for HOME security deposit assistance.
0 all of the above TBRA requirements apply except for the term
of assistance and maximum subsidy amount.
0 the lease associated with the security deposit may not
contain the prohibited lease provisions outlined in Section
VII, C. of this notice and must be in effect for at least
one year unless there is mutual agreement between landlord
and tenant.
0 payment may be made to the tenant or the landlord.
19
2020-05-12 Agenda Packet, Page 238 of 31 Q
The PJ may provide security deposits as either a grant or a loan. if
offered as a grant, the tenant may keep any remaining funds when the
family leaves the unit. If the PJ lends the funds, it must arrange
for the tenant or owner to return the funds. If the unit owner
subtracts funds from the security deposit to cover damagesf the PJ may
accept the remaining balance as repayment or require the tenant to
repay the entire amount. This requirement should be set out in the
written agreement between the PJ and the tenant. In determining
whether to grant or loan these funds, the PJ should consider the time
and effort involved in collecting any remaining security deposit funds
from the tenant or owner after the tenant leaves the unit. Returned
security deposit funds are treated as program income and must be
reinvested in HOME-eligible activities (see 24 CFR 92.503 (b) ) .
2,0
2020-05-12 Agenda Packet, Page 239 of 31 Q
APPENDIX: Exclusions from Income Under Section 8 Income Definition
Annual income does not include the following:
1) Resident service stipends of less than $200 per month (e.g. , fire
patrol, hall monitoring, lawn maintenance, resident initiatives
coordination, and resident management) .
2) Adoption assistance payments.
3) The full amount of student financial assistance paid directly to
the student or to the educational institution.
4) Earned income of full-time students age 18 years or older.
5) Payments received for the care of foster adults (usually persons
with disabilities, unrelated to the tenant family, who are unable
to live alone) .
6) State or local employment training programs and training of
resident management staff.
7) State tax rent credits and rebates for property taxes paid on a
dwelling unit.
8) Homecare payments made by a State agency to families that have
developmentally disabled children or adult family members living
at home.
9) Deferred periodic payments of Social Security. Supplemental
Income payments and Social Security payments received in a lump
SUM.
Source: 24 CFR 5. 609 (c) .
21
2020-05-12 Agenda Packet, Page 240 of 31 Q
TENANT BASED RENTAL ASSISTANCE IB,ILLING FORM ATTACHMENT F
MOVE-IN' TENANT,,," HAP
TENANT LAST NAMETENANT FIRST NAM1118NANT ADDRESS" U NIT TYPE DATE CONTRACT REIT T RENT' PAYMEINT DEPOSIT'
TOTAL MONTHLY RENTS RECEIVABLE:
TOTAL TENANT RENT PAYMENTS-
TTI TOTAL DEPOSITS:
A
SUBDSIDY PAYMENTS AND,
DEPOSITS REQUESTED(HAP)-.
Adjustments:
Completed By- Approved By:
I certify that I have the authority to submit this claim on behalf of
the agency and have complied with all contract requirements. The
claimed amount is the correct accounting of expenses incurred lin
the performance of the contract and has not been previously
reimbursed Iby the City or any other source,and;the agency has
documentation of the claimed expenses and agrees to make it
available to the Gity upon request.
I
Please remit payment to:
South Bay Community Services
430 IF Street
Chula Vista,CA 919101
2020-05-12 Agenda Packet, Page 241 of 31 Q
ATTACHMENT G
Tenant' Based Rental ss®'s nce T RA Set Ups Form
HE Program
Check the appropriate box.: Name and Phone Nlumber of Person Completing Form:
FlOriginal Submission FIChange Owner's Address
EIRevision
A. General and Activity information.
1. Name of Participant: 2. County Code: 3. IDIS Activity ID Number: 4.Activity Name:
Set Up Activity
B. Objective and Outcome.
1. Objective(enter code): (2) 2. Outcome (enter code): (2)
(1)Create suitable living environment (1)Availability/accessibility
(2) Provide decent affordable housing (2)Affordability
3 Create economic opportunities (3)Sustainability
C. Household Characteristics. (Refer to code below where applicable) Assisting more than 8 tenants? Make copies of this page for
additional space.... Monthl IRent IHQwusehold Tenant Contract
Last #of Sec 'Tenant TBRA Total % Hispanic? Race Size Type Paid To New? Months
Name Bdrmis Dep Monthly Monthly Monthly Med Y/N O=Owner Y/N (1 to 24)
Rent Rent Rent T='Tenant
D. Total/Subtotal of HOME Funds Requested:
1 Al Q A 4Z 12 A Al_V 1 1 A
Page 1 6f 4- Revised(8/06)
E., TBRA Units
Number of TBRA Units:
Desi mated for the homeless:
Of those the number designated for the chronically homeless:
Was this activity carried out by a faith-based organization {Y/N)?
#of Bdrms Household%of Med Household Race Household Size Household Type
0—SRO/Efficiency 1—0 to 301%, 11—White 1—1 person 1—Single,non-
1—1 bedroom 2—30+to 50% 12—Black/African American 2—2 persons elderly
2—2 bedrooms 3—50+to 60% 13—Asian 3—3 persons 2—(Elderly
3—3 bedrooms 4—60+to 80% 14—American Indian/Alaska Native 4—4 persons 3—Single parent
4—4 bedrooms 15—Native Hawaiian/Other Pacific Islander 5—5 persons 4—Two parents
5—5 or more bedrooms 16—American Indian/Alaska Native&White 6,—6 persons 5—tither
17—Asian&White 7—7 persons
18—Black/African American&White 8—8 or more persons
19—American Indian/Alaska Native&Black/African American
20—Other multi-racial
I Al()A 4Z 12 A A2_V 1 1 A
Page 2 6f 4- Revised(8/06)
Instructions for Completing the Tenant-Based Rental Assistance Set-up Report
HOE Program
Read the instructions for each item carefully before completing the form. utilities,compute costs for utilities exclludedl from the rent), by using the
utility allowance schedule produced by the local Public Housing
Applicability. The purpose of this,report is to assist with the collection Authority(PHA).
of information to be entered into IDIS. This report is to be completed for
each TBRA activity set-up in IDIS. A single activity may include up to TBR A Monthly Rent. Enter the amount of HOME funds to be paid to
99 tenants. For centralized State projects,the tenants must be in the the tenant or owner as a rent subsidy payment,including any utility
same county. allowances(to the nearest dollar).
Timingi. Data is to be entered into IDIS before funds may be drawn Total Monthly Rent. The total monthly rent is automatically calculated
down for the activity. An amended set-up report should be completed to by IDIS.
increase or decrease HOME funding for the activity.
Household%of Med. IFor each household assisted with HOME funds,
A. General and Activity Information. enter one code only based on the following definitions:
1 Name of Participant. Enter the name of the participating 1 oto 30%refers to a household whose annual income is at or
jurisdiction or the agency administering the TBRA activity. below 30 percent of the median family income for the area,as
2. County Code. Enter the county code of the agency administering determined by HUD with adjustments for smaller and larger
this HOME activity. families.
3. IDIS Activity ID Number. Enter the activity number assigned by2. 30+to 50%refers to a household whose annual income exceeds
IDIS. 310 percent and does not exceed 50 percent of the median family
4. Activity Name. Enter the name designated to the activity. The income for the area,as determined by HUD with adjustments for
blank boxes may be used for internal tracking purposes,. smaller and larger families.
3. 50+to 60%refers to a household whose annual income exceeds
B. Objective and Outcome: 50 percent and does not exceed 60 percent of the median family
Obi
Household Size. Enter the appropriate number of persons in the
household: 1,2,3,4,5,6,7,or 8(for households of more than 8,enter
8).
Household Type. For each household assisted with HOME funds,
enter one code only based on the following definitions:
1 Singlle,non-elderly.One-person household in which the person is
not elderly.
2. Elderly. One or two person household with a person at least 62
years of age.
3,. Singile parent. A single parent household with a dependent child
or children(18 years old or younger).
4. Two parents. A two-parent household with a dependent child or
children(18 years old or younger).
5. Other. Any household not included in the above 4 definitions,
including two or more unrelated individuals.
Tenant Contract Paid "o. Enter an 0,if the TBRA Monthly(Rent will
be paid to the Owner. Enter a T, if it will be paid)to the Tenant.
Tenant Contract New? Enter a Y, if the tenant is,newly assisted.
Enter an N,if the tenant's assistance is being renewed.
Tenant Contract Months. Enter the number of months,in the contract
with the tenant. Valid entries are 1 to 24.
D. Total/Subtotal of HOME Funds Requested.
Enter the total amount of HOME fundis requested for the activity. This
amount includes the'TBRA Monthly Rent for each tenant multiplied by
the Tenant Contract Months. It also includes the security deposit
amount for each tenant,if requested).
E. TBRA: Units
Number of TBRA units designated for the homeless,. Of the total
number of TBRA units in the activity,enter the number designated for
the homeless. Homeless is defined as(1)an individual or family who
lacks fixed,regular,and adequate nighttime residence;or(2)An,
individual or family who has a primary nighttime residence that is: (a)a
supervised publicly or privately operated shelter designed to provide
temporary livingi accommodations(including wellfare hotels,congregate
shelters,and transitional housiingi for the mentally ill;(b)an institution
that provides a temporary residence for individuals intended to be
institutionalized;or(c)a public or private place not designed for,or
ordinarily used as,a regular sleeping accommodation for human
beings.
Of those,the number designated for the chronically homeless. Of
the number of units desiginated for the homeless,enter the number
designated for the chronically homeless. A chronically homeless
person is defined as an unaccompanied homeless individual with a
disabling condition who has either: (1)been continuously homeless for
a year or more,or(2)has had at least four episodes of homelessness in
the past three years. A disabling condition is defined as a diagnosable
substance use disorder,serious mental illness,developmental disability,
or chronic physical illlness or disability. For the purpose of determining
chronically homelessness,a homeless person an unaccompanied
individual sleeping in a place not meant for human habitation or in an
emergency homeless shelter.
Note: IDIS will default to zero if units are not entered in these fields.
Faith-based Organization. Was this activity carried out by a faith-
based organization(y/N)*?. Enter"Y"if it is,known or if the organization
declares itself to be a faith-based organization. If not,enter"N".
Note: IDIS will enter the default answer of"N"if an answer is not typed
in the field.
I Al Q A 4Z 12 A j<_V 1 1 A
Page 4 of 4- Revised(8/06)
a .
_•. ,.dkdl0llklllBf1111UVNNAOIyiav.
ATTACHMENT H
f�
CITY OF
SAL "GUSIG
CHULAVISTA HOUSING DIVISION OPPORTUNITY
AUTHORIZATION FOR RELEASE OF INFORMATION
�Each household member18 years orodder must read and sign ars Authorization Form for Release
of Information. A separate farm is included in this package for each adult. If you need additional.
Authorization forms, please contact the City of Chula Vista Development Services Housing
Division,
I, (legal name),
do hereby authorize any agencies, offices, groups organizations or business firms to release to the
'ITS' OF CHULA VISTA any information or /materials which are deemed necessary to complete
and verify my ,application for participation and/or to maintain my continued assistance under the
HOME TBRA Program, and/or Low-Income Housing Programs. The *Information needed mayinclude verification or in€luiries regarding my identity, household members, employment and
income, assets, allowances or preferences I have claimed, and residency. These organizations are
to include, but are not limited to financial institutions; Employment Security Commission"
educational institutions; past or present employers; Social Security Administration; welfare and
food stamps agencies; Veteran's Administration, court clerks, utility companies; Workmen's
Compensation Payers; public and private retirement systems; law enforcement agencies; medical
facilities and credit providers.
I understand that the Department of Housing ,and Urban Development (HUD) and/or the
CITY OF CHULA VISTA (City) may utilize third parties to verify information and other
computer matching programs in order to verify the information supplied on my application or
recertification. It is understood and agreed that this authorization or the information obtained
with its use may be given to and used by HUD and/or City in the administration and enforcement
of program rules and regulations and that HUD and/or City may in the course of its duties obtain
such information from other Federal State or local agencies, including State Employment Security
.Agencies; Department of Defense; Office of Personnel Management; the Social Security
Administration; and Mate welfare and food stamp agencies. If there is a discrepancy between the
information provided by the above sources and the information that I have provided, I
understand that City may take ,action to terminate my benefits and will require the repayment of
benefits I was not eligible to receive.
It is with my understanding and consent that a photocopy of this authorization may be used
for the purposes stated above. This authorization is validjor two yearsfrom the 'rte of m signature
.Address City State zip
41
Social Security Number Date of Birth Telephone Number
Signature Date Signed
2020-05-12 Agenda Packet, Page 246 of 310
ATTACHMENT
HUD APPROVED WAIVERS
202005.12,ggcnA.i Packet Page 247 of 3 10
r-
VY, Op Xx
4) 1
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON DC 20410-7000
4N DE'A�
OFFICE OF THE ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
MEMORANDUM FOR: All Community Planning and Development Field Office Directors,
Deputy Directors, and Program Managers
FROM: John Gibbs, Acting Assistant Secretary for Community Planning
and Development(D)
SUBJECT: Availability of Waivers and Suspensions of the HOME Program
Requirements in Response to CSC VID-19 Pandemic
This memorandum provides guidance and the necessary statutory suspensions and regulatory
waivers to enable HOME participating jurisdictions (PJs)1 affected by the Coronavirus Disease 2019
(COVID-19)pandernic to use HOME funds to address immediate housing needs and to help
prevent spread of the virus. The memorandum is divided into two sections. Section I addresses PJ's
located in areas covered by a major disaster declaration made under Title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). Section 11 describes
regulatory waivers available to all HOME PJ's,not just those included in a major disaster
declaration. Provisions that are not specifically suspended or waived remain in full effect.
CPD Field Offices shall inform PJs of the availability of these suspensions and waivers. A PJ
that intends to implement the HOME statutory suspensions and/or regulatory waivers identified
below,must send written notification via e-mail to the CPD Division in its local HUD Field Office
before it implements the waiver or suspension. This written notification must identify which
suspensions and/or waivers the PJ plans to use.
Waiver and Suspension Authority
Section 290 of the Cranston-Gonzalez National Affordable Housing Act of 1990 (NAFTA), as
amended, authorizes HUD to suspend HOME statutory requirements to assist PJ's in addressing the
damage in an area for which the President has issued a major disaster declaration under Title IV of
the Stafford Act and to assist them in disaster recovery.
Upon determination of good cause, in accordance with 24 CFR 5.1101 HUD may waive
regulatory provisions subject to statutory limitations. These provisions provide HUD the authority
to make waiver determinations for the HOME program.
1. Statutory Suspensions and Regulatory Waivers Available Only to Major Disaster Areas
Pursuant to the authority provided in Section 290 of NAHA and 24 CFR x.110, 1 hereby find
good cause, as stated in the justifications that follow, to suspend the statutory provisions and waive
the related regulatory provisions described below for PJs covered by a major disaster declaration
under Title IV of the Stafford Act as a result of the COVID-19 pandemic. These suspensions and
waivers are also available to any PJ that receives a major disaster declaration related to the COVID-
www.hud.gov espanol.hud.gov
2020-05-12 Agenda Packet Page 248 of 31.
2
1,9 pandernic after the date of this memorandum. These suspensions and waivers are intended to
provide maximum administrative flexibility to PJs and better assist low-and very low-income
households as they deal with the effects of the COVID-19 pandemic.
1. 10%Administration and Plaminiz Cap
Requirement: Limitation on the Use of HOME Funds for Administrative Costs
Citations: Section 212(c) of NADA and 24 CFR 92.207
Explanation: These provisions limit the amount of HOME funds that a PJ may use for
administrative and planning costs associated with its HOME award. A PJ
may expend up to 10 percent of its annual HOME allocation,plus any
program income received, for administrative and planning costs. These
provisions are suspended to enable the PJ to expend up to 25 percent of its
FY 2019 and FY 2020 allocations and program income received for
administrative and planning costs.
Justification: This suspension is required to provide the PJ adequate funds to pay for the
increased cost of administering HOME-related activities to address the
effects of COVID-19, including attempts to prevent the spread of the
virus. The suspension is also intended to relieve the PJ of the burden of
identifying other general funds to pay HOME administrative and planning
costs at a time when the State and local tax revenues that provide general
operating revenue are decreasing.
Applicability: This suspension and waiver applies to the FY 2019 and FY 2020 HOME
allocations of PJs that are covered by a major disaster declaration.
2. CHDO Set-aside Requirement
Requirement: Set-aside for Community Housing Development Organizations (CHDO�s)
Citations: Section 231 of NAHA and 24 CFR 92.300(a)(1)
Explanation.- These provisions establish a set-aside for CHDOs. The PJ must use 15
percent of each annual allocation of HOME funds only for housing owned,
developed, or sponsored by CHDOs.
Justification: The suspension and waiver are required to relieve the PJ of requirements that
may impede the obligation and use of funds to expeditiously assist families
affected by the COVID-19 pandemic. Suspension of the CHDO set-aside
will immediately make additional HOME funds available for activities such
as tenant-based rental assistance for which CHDO set-aside funds cannot be
used.
2020-05-12 Agenda Packet Page 249 of 31 Q
3
Applicability: The CHDO set-aside requirement is reduced to zero percent for the fiscal,
year 2017, 2018, 2019, and 2020 allocations of State and local PJs.
3. Limits and Conditions on CHDO OperatingELcpense Assistance
Requirement: Operating Assistance for Community Housing Development Organizations
(CC Os)
Citations: Section 212(8) and 234(b) of NAHA; 24 CFR 92.208 and
24 CFR 92.300(e) and(f)
Explanation: Section 212(8) of NAHA and 24 CFR 92.208 limit the amount of CHDO
operating assistance that a PJ may provide to 5% of each annual HOME
allocation. Section 234(b) of NAHA and 24 CFR 92.300(f) limit the amount
of CMO operating assistance, in combination with certain other forms of
assistance,that each CHDO may receive to the greater of 50%of its annual
operating budget or$50,000. 24 CFR 92.300(e)requires a CHDO receiving
operating assistance that is not currently receiving CID O set-aside funding
for a specific project to be expected to receive such funding within 24
months.
These statutory provisions are suspended and regulatory provisions are
waived to permit a P,J to provide up to 10%of its FY 2019 and FY 2020
HOME allocations as operating assistance to CHDOs and to permit a CHDO
to receive funding to fill operating budget shortfalls, even if the amount
exceeds the higher of$50,000 or 50% of its annual operating budget.
Furthermore, PJs will not be required to include a provision in the written
agreement with the CHDO that the CHDf O is expected to receive CCHDI O set-
aside funds within 24 months of receiving the additional operating
assistance., as required in 24 CFR 92.300(e).
0
Justification: The suspension and waiver of these requirements is required to ensure that
CHDOs are able to maintain operations and retain staff capacity to own,
develop and sponsor housing with CHDO set-aside funds to serve
communities impacted by the COVID-19 pandemic.
Applicability: P,Js in areas covered by a major disaster declaration may use up to 10% of
their FY 2019 and FY 2020 allocations for CHDO operating assistance. A
CHDO receiving increased operating assistance must use the assistance to
maintain organizational capacity during the COVID19 pandemic. CHDOs
may receive increased operating assistance under these suspensions and
waivers through June 3 0, 2 021,
2020-05-12 Agenda Packet Page 250 of 31 Q
4
4. Matcbin,g Contribution Requirements
Requirement: Reduction of Matching Contributions
Citation: 24 CFR 92.218 and 92.222(b)
Explanation.- The provisions of 24 CFR 92.218, and 24 CFR 92.222(b)require all HOME
PJs to contribute throughout the fiscal year to housing that qualifies as
affordable housing under the HOME program. The contributions must total
no less than 25 percent of the HOME funds drawn from the PJ's HOME
Investment Trust Fund Treasury account. The COVID-,19 pandemic has
drastically reduced economic activity,reducing state and local tax revenues
and placing financial strain on PJs as they deliver urgently needed public
health, emergency housing, education, community and social services.
Reducing the matching requirement for PJs in areas covered by a major
disaster declaration by 100 percent for FY 2020 and FY 2021 will ease the
economic burden on PJs and eliminate the need for them to identify other
sources of match for HOME activities.
Justification: Given the urgent housing and economic needs created by COVID-19, and
the substantial financial impact the PJ will face in addressing those needs,
waiver of these regulations will relieve the PJ from the need to identify and
provide matching contributions to HOME projects.
Applicability: This match reduction applies to funds expended by a PJ located in
Presidentially declared-disaster area between October 1, 2019 and
September 3 0, 202 1.
11. Regulatory Waivers Available to All Participating Jurisdictions
The following regulatory waivers are available to all PJs, not just those PJs covered by a major
disaster declaration under Title IV of the Stafford Act. Pursuant to the authority provided in 24
CFR 5.1101 1 hereby waive the HOME regulatory requirements specified below for all HOME PJs.
1. Citizen Participation Reasonable Notice and Opportunily to Comment
Citation: 24 CFR 91.105(c)(2) and(k) (Local governments), 24 CFR 91.115(c)(2) and
(i) (States), and, 24 CFR 91.235(e) (Insular areas)24 CFR 91.401
(Consortia)
Explanation: The regulations at 24 CFR 91.105(c)�(2) and(k) (Local governments),24
CFR 91.115(c)(2)and(i) (States), 24 CFR 91.235(e) (Insular Areas), and 24
CFR 91.401 (Consortia) set forth the citizen participation requirements for
PJs. For substantial amendments to the consolidated plan, the regulations
require the PJ to follow its citizen participation plan to provide citizens with
reasonable notice and opportunity to comment. The citizen participation
2020-05-12 Agenda Packet Page 251 of 31.Q
5
plan must state how reasonable notice and opportunity to comment will be
given. This waiver will permit P,Js amending their plans as a result of the
COVID-19 pandemic to reduce the comment period to 5 days.
Justification: Given the unprecedented economic disruptions caused by the COVID-19
pandemic,PJs may need to expeditiously reprogram HOME funds to
activities that more directly meet their immediate housing needs, including
reprogramming funds to cover increased administrative costs or away from
other development activities. Requiring these PJs to complete the required
public comment period would cause undue delays in the face of urgent and
growing need. PJs must have the ability to respond immediately to the
unprecedented housing need caused by the COVIN-19 pandemic.
Applicability.* This waiver is in effect for any necessary substantial amendments to FY
2020 and earlier consolidated plans or action plans.
2. Income Documentation
Requirement: Source Documentation for Income Determinations
Citations.- 24 CFR 92.203(a)(1)and(2), 24 CFR 92.64(a) (Insular Areas)
Explanation: These sections of the HOME regulation require initial income
determinations for HOME beneficiaries by examining source documents
covering the most recent two months. 24 CFR 92.64(a) applies these
requirements to Insular Areas.
Justification: This waiver permits the PJ to use self-certification of income, as provided at
§92.203(a)(1)(ii), in lieu of source documentation to determine eligibility for
HOME assistance of persons requiring emergency assistance related to
COVID-19. Many families affected by actions taken to reduce the spread of
COVID-19, such as business closures resulting in loss of employment or lay-
offs, will not have documentation that accurately reflects current income and
will not be able to qualify for HOME assistance if the requirement remains
effective.
Applicability: The waiver applies to individuals and families that have lost employment or
income either permanently or temporarily due to the COVID-19 pandemic
and who are applying for admission to a HOME rental unit or a HOME
tenant-based rental assistance program. This waiver also applies to homeless
individuals and families who are applying for admission to a HOME rental
unit or a HOME tenant-based rental assistance program. Timely provision
of this assistance will reduce the spread of COVID-19.
If a PJ chooses to use this waiver availability, the PJ must ensure that self-
certified income takes into consideration all income, including any
2020-05-12 Agenda Packet Page 252 of 31.Q
6
unemployment and emergency benefits the applicant will receive.
However, for purposes of an applicant's self-certification, emergency tax
relief(commonly referred to as stimulus payments)is not to be included as
an emergency benefit. Also,the PJ must arrange to conduct on-site rent
and income reviews within 90 days after the waiver period. The PJ must
include tenant income certifications in each project file. This waiver
remains in effect through December 31, 2020.
3. On-Site Inspections of HOME-assisted Rental:Mousing
Requirement: Ongoing Periodic Inspections of HOME-assisted Rental Housing
Citation: 24 CFR 92.504(d)(1)(ii)and 24 CFR 92.64(a) (Insular Areas)
Explanation: These provisions require that during the period of affordability PJs perform
on-site inspections of HOME-assisted rental housing to determine
compliance with the property standards at §92.251 and to verify the
information submitted by the owners in accordance with the income and rent
requirements of§92.252. On-site inspections must occur at least once every
three years during the period of affordability. 24 CFR 92.64(a) applies these
requirements to Insular Areas.
Justification: Waiving the requirement to perform ongoing on-site inspections will help
protect PJ staff and limit the spread of COVID-19. To protect PJ staff and
reduce the spread of COVIN-19, this waiver extends the timeframe for PJs to
perform on-going periodic inspections and on-site reviews to determine a
HOME rental project's compliance with property standards and rent and
income requirements.
Applicability.- The waiver is applicable to ongoing periodic inspections and does not waive
the requirement to perform initial inspections of rental properties upon
completion of construction or rehabilitation. Within 120 days of the end of
this waiver period,P,Js must physically inspect units that would have been
subject to on-going inspections during the waiver period. The waiver is also
applicable to on-site reviews to determine a HOME rental project's
compliance with rent and income requirements if the project owner is unable
to make documentation available electronically. The waiver is in effect
through December 31, 2020
4. Annual Inspection of Units ccu-pied by Reci-oients of HOME Tenant-Based Rental Assistance
(TB
Requirement: Annual Inspections ofTTA Units
2020-05-12 Agenda Packet Page 253 of 31 Q
7
Citation: 24 CFR 92.504(d)(1)(iii); 24 CFR 92.209(i)requirement for annual,
re-inspections and 24 CFR 92.64(a) (Insular Areas)
Explanation: These provisions require PJs to annually inspect each unit occupied by a
recipient of HOME TB A. 24 CFR 92.64(a) applies these requirements to
Insular Areas.
Justification: Waiving the requirement that these annual inspections be performed
according to schedule will protect the health of both inspectors and T .A.
tenants by observing physical distancing recommendations to limit the
spread of COVID-19.
Applicability: The waiver is applicable to annual HQS inspections required to occur from
the date of this memorandum through December 31,2020. At the end of this
waiver period, PJs must inspect units that would have been subject to HQS
inspections during the waiver period within 120 days of the expiration of the
waiver. In addition, PJs shall make reasonable efforts to address any tenant-
reported health and safety issues during the waiver period.
5. Four-Year Project Completion Requirement
Requirement: Four-Year Project Completion Deadline
Citation: 24 CFR 92.205(e)(2) and 24 CFR 92.64(a) (Insular Areas)
Explanation.- The provision requires that projects assisted with HOME funds be completed
within 4 years of the date that HOME funds were committed. If the project
is not complete, in accordance with the definition of"project completion" at
24 CFR 92.2, by the deadline,the project is involuntarily terminated in
HUD's Integrated Data Information System(IDIS), and the PJ must repay
all funds invested in the project. The regulations permit a PJ to request an
extension of the deadline for up to one-year. 24 CFR 92.64(a) applies these
requirements to Insular Areas.
Justification: This waiver is necessary to provide additional time to permit completion of
HOME-assisted projects that may be delayed as a result of the impact of
COVID-19 on project timelines. These delays may occur as a result of
worker illnesses or efforts to reduce the spread of COVID-19, such as
smaller construction crews or delays in local permitting or inspections due to
government office closures.
Applicability: This waiver applies to projects for which the 4-year project completion
deadline will occur on or after the date of this memorandum. The
completion deadlines for covered projects are extended to December 3 1,
2020.
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Q
. Nine-Month.Deadline for Sale of Homebuyer Units
Requirement:rement: Qualification as Affordable Mousing: Homeownership
Citation: 24 CFR 92.254(a)(3) and 24 CFS.92.64(a) (Insular Areas)
Explanation: This provision requires that a homebuyer housing unit developed with
HOME funds have a ratified contract for sale to an eligible homebuyer
within 9 months of the date of completion of construction or rehabilitation.
If there is no ratified sales contract with an eligible homebuyer within 9
months of completion of construction or rehabilitation, the housing must be
rented to an eligible tenant in accordance with §92.252. 24 CFR 92. 4(x)
applies these requirements to Insular Areas.
Justification: Many pJs will not be able to meet this deadline due to the effect the
COVIN-19 pandemic will have on the ability of eligible households to
qualify for mortgages as a result of income losses or the inability to
schedule inspections,titles searches, or closings during periods of business
closures. The waiver is necessary to prevent the loss of homeownership
opportunities for HOME-eligible families and temporarily suspend the
required corrective action of repayment of HOME funds or conversion of
the homebuyer units to rental:housing.
Applicability: The waiver applies to projects for which the 9-month bomebuyer sale
deadline occurs on or after the date of this memorandum and extends the
deadline for those projects to December 31,2020. This waiver does not
apply to the remaining requirements of the regulation, including that a
homebuyer must receive housing counseling, and that a PJ must determine
eligibility of a family by including the income of all persons living in the
housing.
7. Use of HOME Funds for Operating deserves for Troubled HOME Projects
Requirement: Troubled HOME projects
Citations: 24 CFR 92.21 o(a) and (b) and 24 CFF.92.64(a) (Insular Areas)
Explanation: 24 CFR 92.210 establishes provisions to permit HOME rental projects that
are not financially viable (i.e., projects for which operating costs
significantly exceed operating revenue)to be preserved through the use of
HOME funds to recapitalize project reserves. 24 CFR 92.21 o(a)requires
HUD to review market needs, available resources, and the likelihood of
long-term viability of the project before approving this use of I IM
funds. 24 CFS 92.21 o(b)requires a written memorandum of agreement
between HUD and the PJ as a precondition of this funding and certain.
2020-05-12 Agenda Packet Page 255 of 310
9
limitations on the amount of fundimz. 24 CFR 92.64(a) applies these
requirements to Insular Areas.
Justification: The waiver is necessary to enable PJs to take rapid action to preserve the
financial viability of HOME-assisted affordable rental projects currently
under a HOME period of affordability. Because existing tenants in HOME
units may be unable to meet their rent obligations due to the economic,
impact of the COVID-19 pandemic,HOME rental projects may experience
operating deficits due to the sudden decrease in rental revenue.
Applicability.- The waiver applies to HOME-,assisted rental projects currently within the
period of affordability established in the HOME written agreement. PJs will
not be required to obtain HUD approval or execute a memorandum of
agreement with HUD before providing this assistance. PJs may only
exercise this waiver authority when the project owner agrees to forego: 1)
any distributions of residual receipts resulting from the project throughout
the waiver period and for a period of 6 months thereafter; 2) any right under
the existing lease agreement or State or local law to pursue legal action
against tenants of HOME-assisted units for non-payment of rent and the
collection of any fees associated with late payments without prior approval
O
of the PJ; and 3) any adverse credit reporting against tenants of HME-
assisted units for nonpayment of rent or fees without prior approval of the
Pi.
The PJ may provide additional HOME funds to recapitalize operating deficit
reserves for HOME-assisted rental projects if the PJ determines that the
project is experiencing operating deficits related to the economic effects of
the COVID-19 pandernic during the waiver period. The PJ may only
provide this assistance to projects experiencing operating deficits that will
not be covered by insurance or other sources (e.g., other private, local, state,
or federal funds).
The maximum amount of HOME assistance that may be provided is equal to
the total of the project's operating expenses, previously scheduled payments
to a replacement reserve, and actual debt service (excluding debt service of
loans in forbearance)multiplied by the proportionate share of HOME-
assisted units to the total number of units in the project for the period
beginning on April 1,2020 and ending on December 31, 2020. Project
operating expenses may be demonstrated by one of the following:
• The Owner's most recent year to date financials for the project.;
• Certified project-level accounting records covering the most recent 3
months; and
• Copies of project-level bank statements covering the most recent 3
months.
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Project operating expenses may also be adjusted due to COVID-I 9-related
expenditures and foregone expenses due to social distancing measures and
other COVID-19-related impacts. An owner may demonstrate these
expenses with recent receipts, copies of work orders, revised budgets that
have been certified by the project owner as true, accurate representations of
current expenditures.
In order to take advantage of this waiver,PJs must amend the HOME written
agreement with the project owner to include the amount of HOME funds that
will be provided to an operating reserve (i.e., the proportion of total costs
attributable to HOME units as described in the paragraph above), the costs
eligible to be paid with HOME funds in the operating reserve (i.e., operating
expenses, scheduled payments to a replacement reserve, and qualifying debt
service), and the documentation the PJ is required to maintain to demonstrate
the allowable amounts and eligibility of costs paid with the HOME funds in
the operating reserve.
The written agreement must specify that the owner must forego: 1)any
distributions of residual receipts during the period this waiver is in effect and
for a period of 6 months thereafter; 2) any right under the existing lease
agreement or State or local law to pursue legal action against tenants of
HOME-assisted units for non-payment of rent and the collection of any fees
associated with late payments without prior approval of the PJ; and 3),any
adverse credit reporting against tenants of HOME-assisted units for
nonpayment of rent or fees without prior approval of the PJ.
Within 6 months following the waiver period, the PJ must review the
project's records of actual revenue and operating expenses, total amount of
HOME funds expended from the operating reserve, and the eligibility of
expenses by examining invoices and receipts. The written agreement must
require the project owner to repay any expenditures for costs determined to
be ineligible and any balance of HOME funds remaining in the reserve after
December 31, 2020, Any HOME funds repaid to the PJ must be deposited
in the local HOME account and reported as program,income in IDIS.
The waiver is effective through December 31, 2020.
8. Timeframe for a Participating Jurisdiction's Response to Findings of Noncompliance
Requirement: Corrective and Remedial Actions
Citations.- 24 CFR 92.5 5 1(b)(1) and 24 CFR 92.64(a) (Insular Areas)
Explanation.- 24 CFR 92.5 51(b)(1)requires that if HUD determines preliminarily that a PJ
has not met a provision of the HOME regulations, the PJ must be notified
and given an opportunity to respond within a time period prescribed by
2020-05-12 Agenda Packet Page 257 of 31 Q
HUD, not to exceed 30 days. 24 CFR 92.64(a) applies this requirement to
Insular Areas.
Justification: The waiver is necessary to permit HUD to provide PJs with an extended
period to respond to findings of noncompliance in recognition of the
unanticipated circumstances created by the COVID-19 pandemic. While
HUD must continue its oversight function for the HOME Program,requiring
PJs to respond to all findings of noncompliance within 30 days may interfere
with a PJ's ability to address the unprecedented housing needs caused by the
VI -1 pandemic.
Applicability: The waiver applies to all findings of HOME regulatory noncompliance
issued from the date of this memorandum through December 31, 2020. In
the notice of findings, HUD will specify a time period for the PJ's response
based on the nature of the noncompliance and required corrective action s).
HUD may also,upon request by the PJ, extend time periods imposed before
the date of this memorandum.
Questions regarding this waiver should be directed to Virginia S,ardone, Director, office of
Affordable Housing Programs ((AHP), or your OAHP desk officer. Participating jurisdictions and
other HOME Program participants should contact the CPD Division of their local HUD Field
Office.
2020-05-12 Agenda Packet Page 258 of 310
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VY, Op Xx
4) 1
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON DC 20410-7000
4N DE'A�
OFFICE OF THE ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
MEMORANDUM FOR: All CPD Field Division Directors, Deputy Directors, and Program
Managers
FROM: John Gibbs, Acting Assistant Secretary for Community Planning and
Development(D)
SUBJECT: Suspensions and Waivers to Facilitate Use of HOME-Assisted
Tenant-Based Rental Assistance (TBRA for Emergency and
Short-term Assistance in Response to COVID-19 Pandemic
This memorandum provides guidance and the necessary statutory suspensions and
regulatory waivers to enable HOME participating jurisdictions (PJs), affected by the Coronavirus
Disease 2019 (COVII -19)pander is to use HOME tenant-based rental, assistance(TBRA) funds to
facilitate urgent housing assistance to the communities and families experiencing financial hardship.
The memorandum is divided into two sections. Section I addresses PJ's located in the areas covered
by a major disaster declaration made under Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act(Stafford Act). Section 11 describes regulatory waivers available to all
HOME PJs not just those PJ's included in a major disaster declaration. Provisions that are not
specifically suspended or waived remain in full effect.
While HOME program funds are primarily a resource for the physical development of
affordable housing, the Department recognizes that the LVID-19 pandemic has caused
widespread economic damage and created an unprecedented need for housing assistance among
individuals and families directly affected by these unanticipated economic changes. The
suspensions and waivers provided in this memorandum will allow PJs to use HOME funds for
TBI A to individuals and families experiencing financial hardship as a result of the COVID-19
pandemic, including 1),providing immediate rental assistance to individuals and families seeking
housing, 2) assisting households that have housing but face reduced or lost wages, and 3) assisting
existing TBRA families that need additional assistance due to reduced or lost wages.
A
CPD Field Offices shall inform PJs of the availability of these suspensions and waivers. A
PJ that intends to implement the HOME statutory suspensions and/or regulatory waivers identified
below must send written notification via e-mail to the CPD Division in its local HUD Field Office
before it implements the waiver and/or suspension. This written notification must identify which
suspensions and/or waivers the PJ plans to use.
Waiver and Suspension Aut
Section 290 of the Cranston-Gonzalez National Affordable Housing Act of 1990 (NAHA),
as amended, authorizes HUD to suspend, respectively, HOME statutory requirements to assist PJ's
in addressing the damage in an area for which the President has issued a major disaster declaration
under Title IV of the Stafford Act and to assist them in disaster recovery.
www.hud.gov espanol.hud.gov
2020-05-12 Agenda Packet Page 259 of 31.Q
2
Upon determination of good cause, in accordance with 24 CFR 5.110, HUD may waive
regulatory provisions subject to statutory limitations. These provisions provide HUD the authority
to make waiver determinations for the HOME program.
1. Statutory Suspensions and Regulatory Waivers Available Only to Major Disaster
Areas
Pursuant to the authority provided in Section 290 of NAHA and 24 CFR 5.110, 1 hereby
find good cause, as stated in the justifications that follow, to suspend HOME statutory requirements
and waive related regulatory requirements specified below for PJs covered by a major disaster
declaration under the Title IV of the Stafford Act as a result of the CC)VID-19 pandemic.
Consolidated Plan—HOME Certification,Analysis of Local Market Conditions, and Citizen
Participation
Citations: Section 212(a)(3)(A)(i) of NAHA and 24 CFR 92.209(b)
24 CFR 91.105(c)(2) and(k), 24 CFR 91.215(b)(1)and(e) and 24 CFR 91.225(d)(1)
(Local governments),
24 CFR 91.115(c)(2) and(i), 24 CFR 91.315(b)(1)and(e) and 24 CFR 91.325(d)(1)
(States),
24 CFR 91.4011 24 CFR 91.415 and 24 CFR 91.425(2 (i) (Consortia), and
24 CFR 91.23 5(e) and 24 CFR 92.61 (Insular Areas)
Explanation: Section 212(a)(3)(A)(i) of NAHA requires that a PJ that intends to use HOME funds
for TBRA certify that the provision of such assistance is an essential part of its
Consolidated Plan based on an analysis of local market conditions. This
requirement is codified in 24 CFR 92.209(b) and for Insular Areas 24 CFR 92.6 1, as
well as in the Consolidated Submissions for Community Planning and Development
Programs regulations at 24 CFR 91.215(b)(1) and(e) and 91.225(d)(1) (for local
governments), 24 CFR 91.315(b)(1)and(e) and 91.325(d)�(1) (for States), and
24 CFR 91.415 and 91.425(2)(i) (for Consortia). When amending its Consolidated
Plan, a PJ must follow the citizen participation plan it developed and adopted in
accordance with 24 CFR 91.105(c)(2)and(k) (for local govemments)�,
24 CFR 91.115(c)(2) and(i) (for States), 24 CFR 91.235(e) (Insular Areas), and
24 CFR 91.401 (for Consortia). The citizen participation plan must provide citizens
with reasonable notice and an opportunity to comment. The citizen participation
plan must state how reasonable notice and an opportunity to comment will be given
and provide a period of not less than 30 calendar days to allow citizens to submit
comments.
This suspension will eliminate: 1)the requirement for PJs to amend their
Consolidated Plans to include or revise an analysis of local market conditions before
implementing a TBR A program; and 2)the requirement that PJs certify that the use
of HOME funds for TBPA is an essential element of the Consolidated Plan and that
it has conducted an analysis of local needs. PJs that choose to use HOME TBRA.to
2020-05-12 Agenda Packet Page 260 of 31 Q
3
address the urgent housing needs resulting from the COVID-19 pandemic,may do so
by amending their Annual Action Plan to reflect the use of HOME funds for TBRA
without meeting these requirements.
Justification: Given the unprecedented economic disruptions and associated job losses caused by
the COVID-19 pandemic, there is an urgent need for TBRA assistance in
communities across the country. Requiring PJs to conduct an analysis of local
market conditions, amend their Consolidated Plan, and complete the required public
comment period would cause undue delays in commencing TBRA programs to
address the urgent and growing need. PJs must have the ability to respond
immediately to the unprecedented housing needs created by the COVIN-19
pandemic.
Ay: This suspension and regulatory waiver is applicable to a PJ's current 5-year
pplicabilit
Consolidated Plan and any Consolidated/Action Plans being amended to reprogram
funds to TBRA to address housing needs related to the COVID-19 pandemic.
Tenant Selection and Tar eted Assistance
Citation: Section 212(a)(3)(A)(ii) of NA A, 24 CFR 92.209(c) and 24 CFR 92.64(a) (Insular
Areas)
Explanation.. Section 212(a)(3)(A)(ii) of NAHA requires a PJ to establish written tenant selection
criteria for its TBRA program. In accordance with 24 CFR 92.209(c), or 24 CFR
92.64(a) for Insular Areas, those criteria must be consistent with the local housing
needs and priorities established in the PJ's Consolidated Plan. This suspension will
eliminate the need for PJs to develop or revise written tenant selection criteria and
will allow PJs to assist individuals requiring immediate housing assistance as a result
of the COVID-19 pandemic.
Justification: Given the sudden onset and severe effects of the COVIN-19 pandemic, PJs could
not anticipate the urgent,widespread housing needs created by the pandemic,or
reflect those needs and priorities in the Consolidated Plan. Suspending this
provision will provide PJs with greater flexibility to expeditiously use TBRA as a
resource to assist individuals and families affected by the COVIN-19 pandemic.
A-o-plicability.- Suspending Section 212(a)(3)(A)�(ii) of NASIA and waiving 24 CFR 92.209(c) and
24 CFR 92.64(a) for Insular Areas eliminates the requirement for PJs to establish
new or revise existing tenant selection criteria for the HOME TBRA program. The
statutory suspension and regulatory waiver are in effect through December 31, 2020,
for TBRA provided in response tot COVID-19 pandemic. However, a PJ must
document its criteria for selecting individuals and families to be assisted by the
TBRA program.
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11. Regulatory Waivers Available to All Participating Jurisdictions
The following regulatory waivers are available to all PJs,not just those PJs covered by a
major disaster declaration under Title IV of the Stafford Act. Pursuant to the authority provided in
24 CFR 5.110, I hereby waive the HOME regulatory requirements specified below for all HOME
PJs.
Citizen Participation Reasonable Notice and Opportunitv to Comment
Citation: 24 CFR 91.105(c)(2) and(k) (Local governments), 24 CFR 91.115(c)(2) and(i)
(States), 24 CFR 91.235(e) (Insular Areas), and 24 CFR 91.401 (Consortia)
Explanation: The regulations at 24 CFR 91.105(c 2) and(k) (Local governments),
24 CFR 91.115(c)(2) and(1) (States), 24 CFR 91.235(e) (Insular Areas), and
24 CFR 91.401 (Consortia) set forth the citizen participation requirements for PJs.
For substantial amendments to the Consolidated Plan, the regulations require the PJ
to follow its citizen participation plan to provide citizens with reasonable notice and
opportunity to comment. The citizen participation plan must state how reasonable
notice and opportunity to comment will be given. This waiver will permit PJs
amending their plans as a result of the COVID-19 pandemic to reduce the comment
period to 5 days.
Justification: Given the unprecedented economic disruptions caused by the COVIN-19 pandemic,
the need for thistype of assistance in communities across the country is clear.
Requiring these PJs to complete the required public comment period would cause
undue delays in commencing TBRA programs to address an urgent and growing
need. PJs must have the ability to respond immediately to the unprecedented
housing need caused by the COVIN-19 pandemic.
Aaplicabilit3L.- This waiver applies to any approved Annual Action Plan being amended to
reprogram funds to TBRA to address housing needs related to the COVIN 19
pandemic.
Rent Reasonableness
Citations: 24 CFR 92.209(f) and 24 CFR 92.64(a) (Insular Areas)
Explanation.. In accordance with the HOME regulations at 24 CFR 92.209(f), a PJ must
disapprove a lease if the rent is not reasonable,based on an assessment of rents
charged for comparable unassisted rental units. The HOME regulations at
24 CFR 92.64(a) applies this requirement to Insular Areas. This waiver will permit
PJs to provide immediate rental assistance to individuals and families seeking
housing and assist individuals and families that have housing but are experiencing
reduced or lost wages,without requiring an assessment of rents charged for
comparable unassisted rental units.
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Justification: Given the unprecedented need for rental, assistance for individuals facing financial,
hardship during the pandemic, requiring PJs to conduct a rent comparison prior to
providing rental assistance presents an undue administrative burden. PJs must focus
on providing immediate housing for income-eligible individuals currently not in
stable housing, as well as assistance to income-eligible individuals that currently
have housing, but are unable to pay rent and/or utilities due to lost or reduced wages.
In the latter case, some households affected by sudden economic disruptions may be
occupying housing with rents that would exceed a PJ's established rent
reasonableness standard. Without this waiver, those households could not be
assisted with HOME TBRA.
Applicability: This waiver is applicable to TBRA provided to individuals and tenant households
experiencing financial hardship because of a reduction or loss of income. This
requirement is waived through December 31, 2020, for TBRA provided in response
to the COVID-19 pandemic. PJs using this waiver authority must execute a rental,
assistance contract with the owner or tenant.
Eli bile Tenant-based Rental Assistance Costs and Maximum TBRA Subsidy
Citation: 24 CFR 92.209(a) and(h) and 24 CFR 92.64(a) (Insular Areas)
Explanation: The HOME regulations at 24 CFR 92.209(a) state that eligible TBRA costs include
rental assistance and security deposit payments made to income-eligible households.
PJs can also use HOME funds to provide utility deposit assistance if such assistance
is provided in conjunction with TBRA or a security deposit payment. The amount
of monthly utility costs included in HOME TBRA is limited by the utility allowance
established by the PJ for its TBRA program, irrespective of whether those utilities
are paid by the landlord or the tenant.
In accordance with 24 CFR 92.209(h), the maximum amount of monthly assistance
a PJ may pay to, or on behalf of, a tenant,may not exceed the difference between the
PJ's rent standard and 30 percent of the tenant's monthly adjusted income. The P.T.
must establish a minimum tenant contribution to rent, and a rent standard that is
based on local market conditions or the subsidy standards under the Section 8
Housing Choice Voucher Program. The HOME regulations at 24 CFR 92.64(a)
apply these requirements to Insular Areas.
This waiver will allow PJs to pay the full cost of monthly utilities in addition to
rental assistance and security deposit payments for new and existing TBRA families
affected by the COVID-19 pandemic. PJs may provide up to 100 percent subsidy
for rent, security deposit payments, and utility bills paid by tenants affected by a
reduction or loss of income from the COVIN-19 pandemic. The waiver also
eliminates the need for the PJ to establish utility allowances for different types and
sizes of units for its TBRA program, which eliminates a significant administrative
burden.
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Justification: The VID-19 pandemic has caused widespread loss or reduction of income,
significantly affecting the financial stability of households, including existing TBRA
families, and rendering many unable to pay rent and/or utilities. Households must
be able to maintain the basic utilities required to ensure housing remains safe and
sanitary. Permitting PJs to use HOME funds to pay for utilities will enable affected
households to maintain decent, safe and sanitary housing, which necessarily requires
electricity, water, and/or gas service during the pandemic.
As individuals experience financial hardship, the amount of assistance required to
ensure they remain housed will often exceed the PJ's payment standard. In addition,
individuals may be unable to pay the PJ's minimum required tenant contribution
toward rent. Requiring PJ's to establish or revise payment standards and the
minimum tenant contribution to rent policies in the current emergency would be
burdensome and delay the provision of TBRA in response to the pandernic.
A
pplicabilit y: This waiver is applicable to TBRA provided to individuals or families experiencing
financial hardship, including existing TBRA families that have experienced a loss or
reduction in income due to the COVID-19 pandemic. This requirement is waived
through December 31, 2020, for rental assistance provided in response to the
COVID-19 pandemic. PJs using this waiver authority must execute a rental
assistance contract with the owner or tenant for a term mutually agreed upon by all
parties, but not to exceed the December 31,2020, waiver period. The PJ may make
utility payments directly to the tenant or utility company based on utility bills
submitted for the assisted unit, either by mail or electronically.
Term of Rental Assistance Contract
Citation: 24 CFR 209(e) and 24 CFR 92.64(a) (Insular Areas)
Explanation.- The HOME regulations at 24 CFR 209(e) state that the term of the rental assistance
contract must begin on the first day of the term of the lease. For a rental assistance
contract between a PJ and an owner,the term of the contract must terminate upon,
tennination of the lease. For a rental assistance contract between a PJ and a family,
the term of the contract isnot required to terminate upon the termination of the lease,
but no payments may be made after lease termination until the family executes a
new lease. The HOME regulations at 24 CFR 92.64(a) apply these requirements to
Insular Areas. This waiver eliminates the requirement that the rental assistance
contract must begin on the first day of the term of lease.
Justification: This waiver is necessary to enable PJs to assist tenants that are currently housed,
including existing TBRA households, but have experienced sudden financial
hardship as a result of the COVID-19 pandemic. Because affected households
already have an executed lease, it is impossible for the TBRA contract to begin on
the first day of the term of the lease
Applicability: This requirement is waived through December 31, 2020, for TBRA provided in
2020-05-12 Agenda Packet Page 264 of 31 Q
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response to the COVID-19 pandemic. The PJ's requirement to execute a rental
assistance contract with the owner or tenant is not waived. PJs using this waiver
authority must execute a rental assistance contract with the owner or tenant for a
term mutually agreed upon by all parties,but not to exceed the December 31,2020,
waiver period.
Tenant Protections—Lease
Citation: 24 CFR 92.209(g)and 24 CFR 92.64(a) (Insular Areas)
Explanation.- The HOME regulations at 24 CFR 92.209(g)require that each HOME-assisted
tenant have a lease that complies with the tenant protection requirements of
24 CFR 92.253(a) and(b). In accordance with 24 CFR 92.253(a),there must be a
lease between the tenant and the owner of rental housing assisted with HOME
TBRA. The lease must have a term,of not less than one year,unless both parties
mutually agree to a shorter period. The lease cannot contain any of the prohibited
lease terms defined in 24 CFR 92.253(b). The HOME regulations at
24 CFR 92.64(a) apply these requirements to Insular Areas. This waiver will permit
PJs to assist individuals currently housed but facing financial hardship, where an
executed lease is already in place.
Justification: During the COVID-19 pandemic, PJs may assist individuals that are already in
rental units but are unable to pay rent and/or utilities due to job loss or reduced
wages. These individuals already have an executed lease that may include one or
more of the prohibited lease terms included in 24 CFR 92.253(b). Requiring PJs to
immediately execute or amend leases creates an undue administrative burden and
may disqualify some in-place tenants from receiving TBRA..
Applic ability: In response to the COVID-19 pandemic,the requirement that a tenant assisted by
TBRA have a lease that complies with the requirements of 24 CFR 92.253(a) and
(b) is waived through December 31,2020, for rental assistance provided to tenants
already housed who have an executed lease. PJs using this waiver authority are
required to execute a rental assistance contract with the tenant for a term mutually
agreed upon by all parties., but not to exceed the waiver period ending on December
31, 2020. PJs must still comply with all VAWA requirements contained in
24 CFR 92.359 by including, at a minimum, a lease addendum that addresses all
VAWA requirements.
Housing Quality Standards
Citation: 24 CFR 92.209(i) and 24 CFR 92.64(a) (Insular Areas)
Explanation.. The HOME regulations at 24 CFR 92.209(i)require that all housing occupied by
households receiving HOME TB RA must meet the housing quality standards (HQS)
at 24 CFR 982.40 1. The PJ is required to inspect the unit for compliance prior to
occupancy and annually thereafter. The HOME regulations at 24 CFR 92.64(a)
2020-05-12 Agenda Packet Page 265 of 31 Q
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apply these requirements to Insular Areas. This waiver will,permit the PJ to rapidly
house or assist individuals affected by the COVIN-1 pandernic without requiring an
initial HQS inspection.
Justification: The COVID-19 pandemic has created an unprecedented need for rental assistance
for tenant households facing financial hardship. PJs must act quickly to address
these needs and requiring HQS inspections of all units where HOME TBRA
assistance is provided would create an administrative burden and reduce PJs' ability
to respond timely to the housing needs created by the pandemic. In addition,
requiring initial HQS inspections would increase housing inspectors' risk of
contracting or spreading the COVIN-19 virus.
Applicability: This waiver is applicable to TBRA provided to tenant households experiencing
financial hardship. This requirement is waived through December 31, 2020, for
rental assistance provided in response to the COVID-1 9 pandemic. The lead-safe
housing requirements of 24 CFR part 35, subpart M,made applicable to units leased
by recipients of HOME TBR A by the HOME regulation at 24 CFR 92.355, cannot
be waived. Consequently,units built before 1978 must undergo visual evaluation
and paint repair in accordance with 24 CFR Part 3 5, subpart M. PJs using this
waiver authority must establish procedures to minimize the risk that tenants are in
housing that does not meet HQS, as well as procedures for conducting physical
inspections within 120 days following the end of the December 31, 2020, waiver
period.
Annual Inspection of Units Occupied by Recipients of HOME TBRA
Citation: 24 CFR 92.504(d)(1)(iii); 24 CFR 92.209(i) and 24 CFR 92.64(a) (Insular Areas)
Explanation: Provisions require PJs to annually inspect each unit occupied by a recipient of
HOME TBRA.
Justification: Waiving the requirement that these annual, inspections be performed according to
schedule will protect the health of both inspectors and tenants by observing physical
distancing recommendations to limit the spread of COVID-19.
Av-plicability: The waiver is applicable to annual HQS re-inspections,required to occur from the
date of this memorandum through December 31, 2020. Within 120 days of the end
of this waiver period, PJs must physically inspect units that would have been subject
to HQS inspections during the waiver period.
Income Determinations
Citations: 24 CFR 92.203(a)(2) and 24 CFR 92.64(a) (Insular Areas)
Explanation. The HOME regulations at 24 CFR 92.203(a)(2)require the PJ to determine a
TBRA tenant's annual income by examining at least 2 months of source
2020-05-12 Agenda Packet Page 266 of 31 Q
9
documentation evidencing income and projecting anticipated income forward for
the next 12 months. The HOME regulations at 24 CFR 92.64(a) apply these
requirements to Insular Areas. This waiver will permit PJs to follow the regulations
at 24 CFR 92.203(a)(1)(ii) in lieu of requiring a review of source documentation.
The HOME regulations at 24 CFR 92.203(a)(1)(ii)allow the PJ to obtain a written
statement of the amount of the family's anticipated annual income and household
size, along with a certification that the information is complete and accurate.
Justification: Given the rapid and unanticipated economic disruptions caused by the COVID-19
pandemic, source documentation from the past two months may not reflect the
current financial circumstances of many households. Requiring PJs to determine an
individual's annual income using source documentation would be administratively
burdensome, may not reflect current or anticipated income, and may result in
individuals or families being incorrectly disqualified from receiving TBI ..
Applicability: This waiver is applicable to TBRA provided to individuals or families experiencing
financial hardship. This requirement is waived through December 31, 2020, for
rental assistance provided in response to the COVID-19 pandemic. The PJ must
ensure that the tenant's self-certification indicates how the tenant's financial
situation has changed, (i.e.,job loss or reduced wages), and includes all income,
including any unemployment or emergency benefits received by the tenant as a
result of the pandemic. However, for purposes of a tenant's self-certification,
emergency tax relief(commonly referred to as stimulus payments), should not be
included as an emergency benefit. The PJ must include tenant income certifications
in each project file.
Questions regarding this waiver should be directed to Virginia Sardone, Director, Office of
Affordable Housing Programs (OAHP), or your OAHP desk officer. Participating jurisdictions and
other HOME Program participants should contact the CPD Division of their local HUD Field
Office.
2020-05-12 Agenda Packet Page 267 of 31 Q
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:a C1TY' C,0UNC'1LSTIA, ""EMENT
CITY, OF
CHUIAVISTA
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May 12,,2020 File ID: 19-0503
TITS
RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA V"IS"TA APPROVING THE 2020 ACTIVE
TRANSPORTATION PLANT
RECOMMENDEDT
Council adopt the resolution.
SUMMARY
The 2020 Active Transportation Plan serves as a combined update to both the Pedestrian and Bikeway
'faster Pians,with a goal to promote and upgrade pedestrian and bicycle transportation connectivity within
the City in accordance with complete streets principles.
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 falls under a Statutory Exemption pursuant to Section.
15262 (Feasibility and Planning. Studies) of the State CEQA Guidelines because the proposed action would
approve the Active Transportation Plan consisting of possible future projects, which the City of'Chula Vista
has not approved, adopted or funded. Thus, no further environmental review is necessary, at this time.
However, projects resulting from the active 'Transportation Plan., may require environmental review and a
CEC A determination completed prion to commencing said project(s)i. 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.
BOARD/COMMISSION/COMMITTEE
The Safety Commission,at their meeting on January 2 ,X020,voted 6-0- (Cervantes absent)to recommend
the City Council approve the 2020 Active'Transportation Play..
The Sustainability Commission, at their meeting on February 10, 2020, oted -1-0 to recommend the City
Council approve the 2020 Active'Transportation Plan subject to comments and recommendations that were
presented during the meeting.
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2020-05-12 Agenda Packet, Page 268 of 310
DISCUSSION
In order to receive regional and state funding for roadway improvements, the City is required to have
Pedestrian and Bikeway Master Plans approved by City Council and on record with CalTrans. The 2020
Active Transportation Plan serves as a combined update to both the Pedestrian and Bikeway Master Plans,,
with a goal to promote and upgrade pedestrian and bicycle transportation connectivity within the City in
accordance with complete streets principles.
The 2010 Pedestrian Master Plan and the 2011 Bikeway Master Plan were adopted by City Council per
Resolutions 2010-170 and 2011-013, respectively. In March 2015, the City applied for and later received
Active Transportation Grant Program funds through SANDAL for the Multi-Modal Pe,destrian/Bikeway
Master Plan (Resolution 2,015-049, Attachment #1). The City issued a Request for Proposals for the
preparation of the Master Plan and selected Chen Ryan Associates as the prime consultant(Resolution 2,018-
170, Attachment #2). This Master Plan was later renamed as the Active Transportation Plan and is the
subject of adoption with the proposed resolution.
The objective of the 2020 Active Transportation Plan(Plan)is to review and make recommendations on how
the current bikeway/pedestrian network within the City can be updated to best suit the needs of the City in
the future. The planning efforts include the integration of various modes of transportation including
transfers between modes at transit centers and park-and-ride facilities.
The bicycle goals include:
To provide a bicyclist the opportunity to ride to any chosen destination,thereby making the bicycle a
viable transportation alternative.
To provide a system of bicycle routes with maximum possible safety,.
To provide facilities and services necessary for the bikeway system.
To foster the development of an interconnecting bikeway system throughout the region.
► To support healthy lifestyles among residents through increasing opportunities for regular physical
activity.
To provide efficient multi-modal access and connections to and between activity centers.
To promote alternative modes of'transportation,which are intended to encourage a healthy lifestyle
and reduce reliance on the automobile, and support the viability of transit through land use
distribution and design.
The pedestrian goals include:
► To guide the way the City plans and implements pedestrian improvements considering the City's focus
ensuring safe routes to schools.
• The Plan will implement the urban form and neighborhood quality policies by facilitating pedestrian
improvement projects that will enhance the pedestrian environment, safety, and mobility options
throughout the City.
► The Plan will establish a comprehensive plan for identifying, prioritizing, and implementing
pedestrian projects and programs to improve the pedestrian environment and increase walking as a
mode of transportation Citywide.
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2020-05-12 Agenda Packet, Page 269 of 31 Q
• The Plan will identify and prioritize potential pedestrian improvement project locations and provide
descriptions of the types of'improvements needed to improve,the pedestrian environment.
• By identifying and prioritizing potential pedestrian improvement projects, the Plan will promote an
orderly implementation of citywide pedestrian improvement projects.
The main components of the Plan are as follows:
1. Surveying and Identif
ying Existing Conditions
This included examining and analyzing the current physical infrastructure connectivity,the quality of
pedestrian and biking facilities,user safety,and the potential for demand. This also included compiling
and considering census data,such as age group percentages,and population and emp,loyment density.
In 2016,the City issued an RFP and selected Cole and Associates to prepare the Pedestrian Connectivity
Plan (Resolution 2016-165, Attachment #3). The goal of this effort included updating the citywide
inventory of all missing sidewalk and curb ramps, and uplifted,/out-of-compliance sidewalk panels.
This information was instrumental in the preparation of the Existing Conditions Report of the proposed
Plan. In addition, staff utilized this information to prepare the scope of'work included in the Measure
P funded Sidewalk Repair CIP projects that are currently in construction.
2. Public Input/Community Involvement
In preparation of the Plan, the consultant team participated in several community events for public
outreach, including the Day of the Child Event, Chula Vista Harborfest and the Otay Ranch Farmers
Market. The community engagement process was conducted in two phases and located in both eastern
and western Chula Vista. During Phase 1,the outreach focused on existing conditions. Phase 2 focused
on soliciting feedback on the proposed networks and community priorities. A web-based and map-
based questionnaire, was available, which was comprised of questions about commute and exercise
trips,and comfortable/uncomfortable places to walk and ride a bicycle.
A Stakeholder Working Group was also formed with a diverse group of internal and external
stakeholders who advised the Plan development process throughout(including Bike Walk Chula Vista,
CalTrans,, Chula Vista Elementary School District, Chula Vista Walks, Commission on Aging. Eastlake
Cycling Club, MTS,SA DAG,Safety Commission,SD Bike Coalition and Sustainab�ility Commission.
Draft copies of the Plan were presented to the Safety Commission (on January 29,2020),Sustainability
Commission (on February 10, 2020) and the Bike Walk Chula Vista (on February 28,, 20�2O') meetings.
Comments received from participants of all meetings were evaluated and incorporated into the Draft
ATP Plan.
3. Preferred Pedestrian and Bic,y,c,lenetwork
A series of policies were developed as supporting mechanisms, intended to aid the City in working
towards the goals. The policies are divided amongst Engineering, Education, Encouragement,
Enforcement and Evaluation-each playing an important part of a successful multimodal program.
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2020-05-12 Agenda Packet, Page 270 of 31 Q
The key planning considerations driving the pedestrian recommendation development process include,
prioritizing sidewalk gap closures on collector and arterial roadways, focusing treatment and safe
crossings within high pedestrian activity areas, and establishing a mechanism for identifying future
site-specific improvements citywide. Included in the Plan are newly accepted bicycle facility options
such as Bicycle Boulevards, Multi-Use paths (which can accommodate Neighborhood Electric Vehicle,
routes) and Class IV Cycle Tracks.
The bicycle network recommendations were formed in consideration of the key findings from the
existing conditions analysis and the public engagement activities conducted over the course of the
project.Bicycle related opportunities consist of the strong street grid in the older,western part of Chula
Vista, wide street widths in eastern Chula Vista, and significant transit investments within the City -
consisting of the Blue Line'Trolley,the South Bay Rapid Bus,and local bus services.
4
It". IMDIementation/Prioritization Strategies
The prioritization process is intended to help identify which bicycle and pedestrian projects are likely
to have the greatest benefit to the City's active transportation system. The Plan also identifies possible
funding sources to aid staff with future project implementation.
It should be noted that lists of recommended bicycle and pedestrian projects included in the Plan may
not be feasible for imp�lementation in the order the projects are listed. Several projects rely on
numerous right-of-way acquisitions from private property owners to obtain the necessary roadway
width to achieve the proposed improvements. Projects adjacent to freeway corridors require
coordination with future CalTrans interchange improvement projects for proper implementation.
Due to the large size of the document,the Active Transportation Plan (including Appendices A through G) it
is available for review on the City's Active Transportation Program webpage.
httD,S'.//WWw.chulavistaca.2ov,/,d,ep,art ments/`,e,n,gineerin,g,/a,ctive-trans, ,o,r,tation-,p,lan
DECISIOM-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.Govt Code§X71.00,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'
Adoption of this resolution will have no direct fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
Any future projects will be approved by Council as part of the annual Capital Improvement Program.
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2020-05-12 Agenda Packet, Page 271 of 310
ATTAC14MENTS
1. Resolution 2015-049 -SANDAG AT'P Grant Program
2. Resolution 2018-170 -ATP Consultant Agreement
I Resolution 2016-165 -Pedestrian Connectivity Agreement
Staff Contact.-Patrick C. Moeda,Senior Civil Engineer
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2020-05-12 Agenda Packet, Page 272 of 31 Q
RESOLUTION NO. 20I5-049
RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF
HULA VISTA AUTHORIZiNG THE FILING OF A
APPLICATION FOR ACTIVE TRANSPORTATION GRAFT
PROGRAM FUNDS THROUGH THE SAN' DIEGO
ASSOCIATION DF GOVERNMENTS FOR THE MULTI-
MODAL PEDESTRIAN/BIKEWAY MASTER PLANI-
AUTHORIZ11'sIG THE DIRECTOR OF PUBLIC WORKS OR
HIS DESIGNEE THE POWER TO EXECUTE FN THE NAME
OF THE CITY OF CHULA VISTA ALL GRANT
AMENDMENTS AND REQUESTS FOR PAYMENTS
NECESSARY TO SECURE GRANT FUWDS AND
ACCEPTING THE TERMS OF THE GRANT AGREEMENT
WHEREA . -3 million of TransNet funding for capital and roan-Active Transportation
Grant Prourram projects is available to local jurisdictions and the ountNi of San Diego from
Fiscal Years 2014-2016; and
�NqIEREA ± the Citv of Chula Vista wishes to receive S250.000 in Active Transportation
Grant Program funds for the Multi-modal PedestrianlBikewav Master Plan: and
Program _ r
WHEREAS. thei tv of Chula Vista understands that the Active Transportation Grant
Pr-ooram fundina. is fixed at the programmed amount_ and therefore Project cost increases that
exceed the Grant awarded %iii 11 be the sole re sponsi bi 1 itv o f the Grantee: and
WHEREAS. the City of Chula Vista agrees to complete the proposed Project within a
timely= manner and in compliance with SANDAG Board Policv No. 035.
NO S. THEREFORE. BE IT RESOLVED by the Chula Vista Citv Council that the Cit.%r
of Chula Vista is authorized to submit an application to SANDAL for the Transet Active
Transportation Grant Program funding in the amount of 250.000 for the Multi-modal
Pedestrian/Bicycle Master Plan.
BE IT FURTHER RESOLVED that if a grant award is made by SAS;ISA to fund the
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Multi-modal Pedestrian[Bicvcle Master Plan_ the Citi, of Chula Vista commits to providinca
100.000 in matching funds from TransNet and authorizes the Director of Public 'orks to
accept the grant funds. execute the Grant a2rreement with no exceptions in substantially the same
form as attached to staff`report. and complete the Project.
BE IT FURTHER RESOLVED that the City of Chula Vista acUrees to indemnifv. hold
harmless. and defends SANDAG, the San Diecyo Count* Regional Transportation Commission,
and all officers and employees thereof acrainst all causes of action or claims related to the Citi, of
Chula Vista's TransNet funded projects.
2020-05-12 Agenda Packet Page 273 of 3 10
Resolution No. 2015-049
Page No. '2
Presented by Approved as to form by
Richard p s ler ooins
Director of Public Works Att rney
PASSEL. APPROVED. and ADOPTED by the City Council of the CAN, of Chula Vista.
California; this 3rd day of March 2015 by the following vote:
AYES: ouneilmembers. Aguilar, Bensoussan, M iesen and Salas
NAYS: o une i l me mbers: None
ABSENT: ouneilmembers: McCann
Mary 61as, Mayor
ATTEST:
Donna R. Norris, i1 f , ity lerk
I V
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO �
CITY OF CHULA NISTA �
1. Donna R. Norris. City Clerk of Chula Vista. California, do hereby certify that the fore(yoing
Resolution No. '2_01 -049 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 3rd day of Marey 2015.
Executed this .3rd day of March 2015.
Lorna R. Morris, MC City Clerk
2020-05-12 Agenda Packet Page 274 of 3 10
DocuSign Envelope IID: F5462CA4-F265-4E9F-8177-CD1323C6E1E22
RESOLUTION NO. 2018-170
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN' AGREEMENT FOR THE
PREPARATION OF A MULTI-MODAL PEDESTRIAN/
BIKEWAY MASTER PLAN (CIP STL0404) BETWEEN THE
CITY OF CHULA VISTA AND CHEN RYAN ASSOCIATES
WHEREAS, the City vas awarded a SANDAG Active Transportation Grant — Cycle 3
for the preparation of the City's Multi-Modal Pedestrian/Bikeway Master Plan; and
WHEREAS, the Master Plan will focus on interconnectivity between various
pedestrian/bicycle facilities and transit; and
WHEREAS, on November 15, 20 17, the City received six (6) proposals and was ranked
as shown in the table below.
RANK CONSULTANT (LOCATION)
FEE ESTIMATE
I Chen Ryan Associates, Inc. (San Diego, CA) $2491140.00
2 IBI Group (San Diego, CA)
$249946.00
3 KTUA (San Diego, CA) $252,630.00
4 KOA Corporation (San Diego, CA) $347395.00
5 Alta Planning+ Design (San Diego, CA) $349,286,.00
6 Fehr &Peers (San.Diego, CA) $238302.00
WHEREAS, the selection panel interviewed all the above listed consultants on December
12-131 2017; and
WHEREAS, staff recommended that the contract be awarded to Chen Ryan Associates,
Inc. based on the qualifications of the project team, their understanding of the work to be done,
and their knowledge and focus on newer modes of transportation; and
WHEREAS, staff met and negotiated with Chen Ryan Associates, Inc. and the final
proposed cost of the contract had a nominal increase of$700 to a total of$249,84 .00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the agreement for the preparation of a Multi-Modal Pedestrian/Bikeway
Master Plan between the City of Chula Vista and Chen Ryan Associates, Inc., 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 Engineer, and authorizes and directs
the Mayor to execute same.
2020-05-12 Agenda Packet Page 275 of 31 Q
DocuSign Envelope IID: F5462CA4-F265-4E9F-8177-CD1323C6E1E22
Resolution No. 2018-170
Page No. 2
Presented by Approved as to form by
e—DocuiSigned by: e—DocuSigned by:
..........
1/5
'--05056EE1933347F... CF40650850444BF...
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of August 2018 by the following vote:
AYES: Council embers: Aguilar, Diaz, McCann, and Padilla
NAYS: Councilmen bers: None
ABSENT: Council members: Casillas Salas
DocuiSigned by:
062 B F D7CO3864 56.
Mary Casillas Salas, Mayor
ATTEST:
e—DocuSigned by:
3074 D 104 EAF342 E...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-170 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of August 2018.
Executed this 14th day of August 2018.
r—DocuiSigned by:
'%-3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
2020-05-12 Agenda Packet, Page 276 of 31 Q
RESOLUTION NO. 2016;165
RESOLUTION OF THE CITY COUNCIL OF THE CITE' OF
CHULA VISTA APPROVING AN AGREEMENT FOR
PREPARATION OF A PEDESTRIAN; �ECTIVITY AND
INFRASTRUCTURE I IPROVEN4ENIT PLAN; BETWEEN THE
CITY OF HULA VISTA AND COLE & ASSOCIATES. Il\;C.
AND APPROPRIATING310.000 FROM THE AVAILABLE
BALANCE OF THE TRAN NET FUND TO CIP GG222.
"ASSET 4ANAGEME TT..
qI IER.EA . City requires professional ser-vices to collect data on the condition of the
i ter's pedestl'an infrastructure and prepare a Pedestrian Connectiviry and Infrastructure
Improvement Plan: and
WHEREAS, in order to procure these ser-=ices: Citv solicited proposals in accordance
With Chula Vista Municipal Code Section 2.56.110, received fife proposals. conducted
interviews. and selected Consultant as the most qualified amo nest those suhmittin e: and
SHE RE A . Consultant represents that i t i s knoNvledgeable and experienced re gardi n c,
the 2010 Americans with Disabilities Act (ADA) standards. California Title 24. the Access
Board's Public Risiht of W av Guidelines, and the U.S. Department of Transportation-s ADA
Standards for Transportation: and
WHEREAS, Consultant represents that it is experienced and staffed in a manner such that
it can deli,%rer the serv=ices required of Consultant to Cite in accordance with the time frames and
the terms and conditions of this agreement: and
_
NN{'HEREA . Staff recommends appropriating an additional $30.000 from the available
balance in the Trans let Fund to prov.i de sufficient funds for this project.
NOW. THEREFORE. BE IT RESOLVED by the Citv Council of the iter of Chula
Vista.. that it approves the agareement for S44.3.230.34 for preparation of a Pedestrian
onnectivity and Infrastructure Improvement Plan between the CltNr of Chula Vista and Cole &
Associates. Inc. in the f`ornz presented_ with such minor modifications as mar be required or
approvred'by the C.1tv Attornev. a cope of which shall be kept on file in the Office of the Clt,%r
Enovineer. and authorizes and directs the N4avor to execute same.
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BE IT FURTHER RESOLVED hvr the Citv Council of the Citv of Chula Vista. that it
■ R R
appropriates 'o_000 from the a �ailahle balance of the Trans �et Fund to IP 2??. *;Asset
anac.r1ement"
2020-05-12 Agenda Packet, Pale 277 of 310
Resolution No. 20 16-165
Page No. 2
Presented by Approved as to forte by
Richard A. Hopkins Gle R, Goo ins ,
Director 'Public works City
,qorrie
PASSED., APPROVED. and ADOPTED by the City Council of the City of hula Vista.
California, this 9th day of August 2016 by the following vote:
AYES: ouncilmembers: Bensoussan, McCann Miesen, and Salas
NAG'S: ouneilmembers: None
ABSENT: ouncxlnlembers: Aguilar
Mary Sa6s, Mayor
ATTEST:
Donna R. Norri . . itv Clerk
I r 1
STATE of CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF C14ULA VISTA
I, Donna R. Norris, City Clerk of Chula vista, California, do hereby eertif r that the foregoing
Resolution No. 2016-165 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of August 2016.
Executed this 9th day of August 2016.
Donna R. Norris. C C. City Clerk
2020-05-12 Agenda Packet Page 278 of 3 10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CH ULA VISTA APPROVING THE 2020 ACTIVE
TRANSPORTATION PLAN
WHEREAS, in order to receive regional and state funding for roadway improvements, the
City is required to have Pedestrian and Bikeway Master Plans approved by City Council and on
record with Cal raps; and
WHEREAS, the 2020 Active Transportation Master Plan serves as a combined update to
both the Pedestrian and Bikeway Master Plans,with a goal to promote and upgrade pedestrian and
bicycle transportation connectivity within the City in accordance with complete streets principles;
and
WHEREAS, in March 201 S. the City applied for and later received Active Transportation
Grant Program funds through SANDG for the Multi-Modal Pedestrian/Bikeway Master Plan
(Plaster Plan) Resolution 2015-049); and
WHEREAS,the City issued a Request for Proposals for the preparation of the Master Plan
and selected Chen Ryan Associates as the prime consultant (Resolution 2018-170). This Master
Plan was later renamed as the Active Transportation Master Plan; and
WHEREAS, the objective of the 2020 Active Transportation Master Plan (Plan) is to
review and make recommendations on how the current bikeway/pedestrian network within the
City can be updated to best suit the needs of the City in the future; and
WHEREAS, the main components of the Plan are surveying and identifying existing
conditions, public input/community involvement, preferred pedestrian and bicycle network, and
imp lementati on/prioriti zation strategies; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vista, that it
approve the 2020 Active Transportation Plan.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects City Attorney
2020-05-12 Agenda Packet, Page 279 of 31 Q
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May 12,,2020 File ID: -0166
„MITI
RESOLUTION OF THE CITY COUNCIL OF "TIDE; CITY OF CHULA VISTA ACCEPTING DONATIONS FROM THE
LUCKY DUCK FOUNDATION AND THE STATE OF CALIFORNIA TO FURTHER SUPPORT THE CITY'S
RESPONSE EFFORTS TO THE C:OVID-19 EMERGENCY
RECOMMENDEDT
Council adopt the resolution.
SUMMARY
To support the City of Chula Vista I s efforts in responding to the CO ID-19 pandemic and the emerging
homelessness crisis,the Lucky Duch Foundation and the State of California have made material donations to
the City. Per Council Policy, a donation exceeding $25,000 must be formally accepted by the City Council.
This item will formally accept ten travel trailers from the State of California and one Sprung Structure from
the Lucky Duch Foundation.
ENVIRONMENTAL REVIEW
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 1.50 o(c)(3) no, environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
The City of Chula Vista has taken a strategic approach in addressing the needs of the unsheltered in our
community by allocating resources to projects and programs that serve the homeless. While the services
.have proven to be of value, the need for more permanent shelter solutions continues to be a challenge. In
the face of the COVID-19 crisis, the City was presented with two opportunities to help alleviate the shelter
issue.
For the past four years, the City of Sari Diego, along with many cities across the dation., has utilized Sprung
Structures to provide bridge housing followinn the"Housing First"model. This concept has proven to be the
"bridge"between life on the streets and a more permanent housing situation.Haring the shelter allowed the
1 . 0 0 1 P IiI 1
2020-05-12 Agenda Packet, Page 280 of 310
City of San Diego to provide safe and secure accommodations as well as basic life services, bathrooms,
showers, laundry, case management, medical care, and housing navigation. The, opportunity to acquire, a
Sprung Structure was presented by the City of San Diego, in partnership with the Lucky Duck Foundation.
This structure will be donated and transferred to the City of Chula Vista to support the South Bay's regional
efforts surrounding homelessness.
Similarly,the State of California has taken a non-conventional approach in increasing shelter opportunities.
Recently the State of California Office of Emergency Services purchased 1,,309 travel trailers from FEMA and
private vendors to provide not only quarantine capacity for the current situation but also as an immediate
response,and way to provide shelter. This,with the intent to move people out of shelters and into isolation
placements,focused on people with COVID-19 or those demonstrating symptoms. With the goal of protecting
healthy people in those facilities and create capacity in the existing shelter network. These trailers were
deployed to California's largest population centers, including Chula Vista. In March, the City received 10
Coleman'Travel Trailers.
DIECISIOM-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§87 100,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.
CURRENT-YEAR FISCAL IMPACT
The estimated value of the sprung structure is $300,000 and between $150,0004300,000 for the trailers.
The assets will be reported as General Fund assets. Any costs related to utilizing the assets will be borne
from other funding sources and therefore no anticipated impacts to the General Fund.
ONGOING FISCAL IMPACT
No anticipated impacts to the General Fund. Any maintenance costs will be borne,from other funding sources
supporting the programs utilizing the assets.
ATTACHMENTS
1. Donation Form-Sprung Structure
2. Donation Form- Coleman Travel Trailers
Staff Contact:Angelica Davis, DSD-Housing Senior Management Analyst
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2020-05-12 Agenda Packet, Page 28,1 of 31 Q
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING DONATIONS FROM THE LUCKY DUCK
FOUNDATION AND THE STATE OF CALIFORNIA TO FURTHER
SUPPORT TME CITY'S RESPONSE EFFORTS TO THE COVID-19
EMERGENCY
WHEREAS, City of Chula Vista Policy established a formal process for acceptance and
documentation of donations madeby individuals, community groups, and businesses to the City.
WHEREAS, the City must determine that acceptance of the donation would be in the best interest
of the City and benefit to the community; and,
WHEREAS, the Lucky Duck Foundation wishes to donate to the City of Chula Vista a Sprung
Structure for the purposes of providing temporary bridge shelter to homeless, families and individuals;
and,
WHEREAS, the State of California wishes to donate ten(10) Coleman Travel Trailers to the City
for the purposes of providing shelter to homeless families; and,
WHEREAS,the City has determined that acceptance of the donations would be in the best interest
of the City and benefit to the community.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF CHULA VISTA CITY COUNCIL
AS FOLLOWS:
1. Accepts the Donation of the Sprung Structure from the Lucky Duck Foundation.
2. Accept the Donation of the Travel, Trailers from the State of California.
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
2020-05-12 Agenda Packet, Page 28,2 of 31 Q
CITY OF CHULA VISTA
DONATION ACCEPTANCE FORM
Name of donor: State of California (Office of Emergency Services)
Address: 3650 Schriever Ave City: Mather State: CA Zip: 95655
Description of donation:Ten (1 0) Coleman 30'Travel Trailers
Donor estimate of current value: Value range from $15,000-$,35,1000 each.
Total Value of$150,000—$350,000
Potential immediate or initial acquisition or installation cost, any on-going maintenance or replacement
cost: $10,000 for Water/SewerZElectricitvHook-Ups
Intended use: Shelter for homeless families and individuals
Conditions of acceptance or donor designation: New
Remarks:
City department receiving donation: Administration
APPROVED/DISAPPROVED
Date Department Head's Signature
Date City Manager's Signature
Date Submitted to Council Date Approved by Council
Date Mayor's Signature
Note:The City of Chula Vista cannot guarantee future funding for repair, maintenance, use or replacement of
donated items.
CC:City Council, Finance Department,City Manager's Office Page 1 of 2
2020-05-12 Agenda Packet, Page 28,3 of 31 Q
CITY OF CHULA VISTA
DONATION AND GIFT POLICY ACKNOWLEDGEMENT
I have received and read the City of Chula Vista's Donation and Gift Policy and understand its
provisions. I further understand that when I sign this acknowledgement form, it will be placed in my
personnel file.
Marlon King
Employee (PRINT NAME)
Signature
Date
Note:The City of Chula Vista cannot guarantee future funding for repair, maintenance, use or replacement of
donated items.
CC:City Council, Finance Department,City Manager's Office Page 2 of 2
2020-05-12 Agenda Packet, Page 28,4 of 31 Q
CITY OF CHUS A VISTA
DONATION ACCEPTANCE FORM
Name of donor: Lucky Duck Foundation
Address: 2683 Via de la Valle#G25 City: Del Mar State: CA Zip: 92014
Description of donation: Sprung Structure (60' x 192")
Donor estimate of current value: $300,000
Potential immediate or initial acquisition or installation cost, any on-going maintenance or replacement
cost: $250,000 to cover the ramp-up costs
Intended use: Structure to be used as a Homeless Bridge Shelter
Conditions of acceptance or donor designation: Good
Remarks:
City department receiving donation: Administration
APPROVED/DISAPPROVED
Date Department Head's Signature
Date City Manager's Signature
Date Submitted to Council Date Approved by Council
Date Mayor's Signature
Note:The City of Chula Vista cannot guarantee future funding for repair, maintenance, use or replacement of
donated items.
CC:City Council, Finance Department,City Manager's Office Page 1 of 2
2020-05-12 Agenda Packet, Page 28,5 of 31 Q
CITY OF CHULA VISTA
DONATION AND GIFT POLICY ACKNOWLEDGEMENT
I have received and read the City of Chula Vista's Donation and Gift Policy and understand its
provisions. I further understand that when I sign this acknowledgement form, it will be placed in my
personnel file.
Angelica Davis
Employee (PRINT NAME)
Signature
Date
Note:The City of Chula Vista cannot guarantee future funding for repair, maintenance, use or replacement of
donated items.
CC:City Council, Finance Department,City Manager's Office Page 2 of 2
2020-05-12 Agenda Packet, Page 28,6 of 31 Q
zmr,
..'
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IN III til
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:a C1TY' C,0UNC'1LSTIA, ""EMENT
CITY, OF
CHUIAVISTA
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May 12,, 2020 File ID: 20-0158
TITLE
RESOLUTION OF THE CITY OF CHULA VISTA. 1)APPROVING AMENDMENTS TO REQUIRED PLANNING DOCUMENTS
TO ALLOCATE AVAILABLE FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
UNDER THE CARES ACT AND COMMUNITY DEVELOPMENT BLOCK GRANT CDBG), HOMIE INVESTMENT
PARTNERSHIPS ACT(HOME),ANIS EMERGENCY SOLUTIONS GRANT FUNDS TO PREVENT", PREPARE AND RESPOND
TO THE IMPACTS OF COVID 19; (2) AUTHIO,RIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY AND
ALL HUD DOCUMENTS RELATED TO THE GRANTS; 3) AMENDING THE FISCAL YEAR 2019/'20 CIP PROGRAM
BUDGET BY ESTABLISHING NEW CIP PROJECTS, GGV02.54 "PUBLIC FACILITY IMPROVEMENTS" AND GV0255
"FAIIVRE & BROADWAY SIDEWALK IMPROVEMENT PROJECT"; AND (4) APPROPRIATING FUNDS THEREFOR 4/"5
VOTE REQUIRED)
RECOMMENDED 71
Council adopt the resolution.
SUMMARY
In response to combating the effects of COVID 19,the U.S. Department of(Housing and Urban Development(HUD)
allocated special Community Development Block Grant(CDBG-CV)and Emergency Solutions Grant(ESG-CV),funds
for Entitlement Communities.This allocation was authorized in the Coronavirus Aid, Relief,and Economic Security
(CARES,) in response to the grooving effects of this historic public health crisis. The City of Chula Vista will receive
$1,435,675 in CDBCCV and $693,583 in ESGCV funds and prior year CDBG and HOME entitlement funds to be
used to prevent, prepare and respond to COVIID 19. To expeditiously allocate these funds in the most effective
and efficient manner, the City will need to amend the HUD required Five-Year Consolidated Plan, the Annual
Action Plan and the Citizen Participation plan.
EINVIRONIAEINTALREVIEW'
This action is exempt from California Environmental Quality Act State (CEQA) pursuant to CEQA Guidelines
Sections 15269(c) (Emergency Projects)and 15359 (Emergency).This action is necessary to prevent or mitigate an
emergency, and is also necessary to address a sudden and unexpected occurrence involving a clear and imminent
danger, demanding immediate action to prevent or mitigate the loss of, or damage to, life, health, property, or
essential public services. Notwithstanding the foregoing, the proposed action exempt from CEQA pursuant to
California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (categorical exemption for
existing facilities), Section 15303 Class 3 (categorical exemption for new construction or conversion of small
structures), Section 15304 Class 4 (categorical exemption for minor alterations to land), and Section 15061(b)(3)
because the proposed action would not result in a significant effect on the environment, create a cumulative
impact, damage a scenic highway, be located on a site pursuant to Section 65962.5,or cause a substantial adverse
change in the significance of a historical resource.Thus, no further environmental review is required.
1 . 0 0 1 P
2020-05-12 Agenda Packet, Page 287 of 310
Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations
and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines., Thus, no
further environmental review is necessary at this time. Although environmental review is not necessary at this
time, once a project(s) has been defined, environmental review will be required and the appropriate
environmental determination will be made.
BO,ARD/COMIMIIS,SION/'COMMITTION
Not applicable.
DISCUSSION
In response to combating the effects of COVID-19,the U.S. Department of Housing and Urban Development(HUD)
allocated special Community Development Block Grant(C,DBG-CV)and Emergency Solutions Grant(ESG-CV),funds
for Entitlement Communities.The City of Chula Vista will receive $1,435,675 in CDBG-CV and $693,583 in ESC-CV
funds to be used to prevent, prepare and respond to the impacts of COVID-19. This allocation was authorized in
the Coronavirus,Aid, Relief, and Economic Security (CARES) Act in response to the growing effects of this historic
public health crisis. The CDB `-CV and ESC-CV funds allocated under the CARES Act may be used for a range of
usual entitlement CDBG and ESG eligible activities that would further prevent and respond to the spread of
infectious diseases such as the coronavirus disease 2019 (COVID-19). In addition to the new CDB -CV and ESG-
CV funds,the City has available prior year CDBG and HOME entitlement funds resulting from programs completed
with excess funds or canceled as a result of lack of progress and activity.
The new CARES funding and corresponding regulations provide the City with the opportunity to take a global and
comprehensive approach in not only addressing the current effects of Covid19, but allowing the flexibility to
prepare for the lasting effects it will have on residents and businesses. The City will capitalize on existing
partnerships with social service providers already serving the most vulnerable in the community,including seniors,
homeless and victims of domestic violence and increase their funding to compensate for the higher demand for
services. To respond to the changing economic climate of significant, job losses in service, and retail areas,
opportunities are present to advance career growth and assist job seekers by funding childcare and job training
programs. Those within the community, finding themselves unemployed or with a significant loss of paid work
hours and/or mounting medical/childcare bills due to COVID-19 are faced with the financial burdens of paying for
basic living expenses, such as housing. Available HOME funds could provide the necessary gap resources to
maintain housing for those at risk of falling into homelessness.While the City faced a growing homelessness issue
prior to COVID-19,that problem was further exacerbated with an added need to house the, unsheltered for public
health and safety. IIn response to the lack of a shelter in the City, funding will be, set aside for the development
and operational costs of a potential Bridge Shelter.
Page 2
2020-05-12 Agenda Packet, Page 28,8 of 31 Q
Per HUD regulations, any change in the previously established funding strategies and/or an increase in funding of
10%or more to an activity constitutes a Substantial Amendment and necessitates amendments to the associated
planning documents for the HUD funding. Anytime substantial changes are made,public participation is essential.
The process requires a public notice and a 30-day public comment period and a public hearing prior,to any City
Council action. However,the CARES Act reduces the public comment period to not less than 5 days and allows for
virtual public hearings when necessary for public health reasons. This process is also applicable for current year
funding and next year's entitlement funding. Staff has notified HUD of the City's intent to amend the Citizen
Participation Plan to reflect these changes.Staff issued a public notice in both English and Spanish on May 1, 2020
initiating the public comment period which ran through May 6, 2020.
Plan Amendments
In order for the City to allocate the funds in the most effective a�nd timely manner,the City must amend the 2015,-
2020 Consolidated Plan), 20191-2020 Annual Action Plan and Citizen Participation Plan as summarized below:
2015-2020 Identify funding strategies and priorities in response to COVID-19:
Consolidated Plan 0 Addressing and preventing homelessness
(5-year Strategic Plan) 0 Increase economic development opportunities
0 Maintain or improve public facilities and infrastructure
0 Maintain or improve access to public services,
20191-2020 Identify new activities for the current 2019-2020 program year:
Annual Action Plan 0 Small Business Financial Assistance
(Current Funding 0 Small Business Technical Assistance
Strategy) 0 Job Training
0 Faivre Street & Broadway Sidewalk Project
0 Bridge Shelter Development Ramp-Up
0 Bridge Shelter Operational
ional
0 Homeless Prevention
0 Recreation Center Childcare*
• Alpha Project Take the Streets Back Program*
• South Bay Community Services- Rental Assistance,*
Increase funding to existing activity:
* Meals on Wheels for Seniors *
* South Bay Community Services- Food Program
* Tenant Based Rental Assistance Program*
0 D Street Sidewalk Project
* South Bay Community Services Family Violence Program*
*T6 be approved under separate Council item Number 20-085 on June 5, 2020.
Page 3
2020-05-12 Agenda Packet, Page 28,9 of 310
2015-2020 Provide additional and flexible opportunities for members of the public to participate
Citizen Participation in the public comment process.
Plan ► Addition of a virtual public hearing option when onsite public heari'ngs are
deemed unsafe to conduct
Reduction of the notice requirement for public hearings from thirty (30) days to
five (5) days from the date of publication of a notice.
Resources:
luuui i I
Community Development Block Grant Cares (CDBG-CV) $11435,675
Community Development Block Grant Reprogrammed (CDBG-EN) $ 618.,581
-Emergency Solutions Grant Cares ESG-CV) $ 693.,583
Home Investment Partnership Act' Reprogrammed (HOME-EN) $ 55,11756
TOTAL $3,299p595
Note: 1 See Council Item No. 20-0152 for the reprogramming of additiona I HOME funds for a rental assistance
program
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within
1,000 feet of the boundaries of the Faivre Street Sidewalk Improvement Project which is the subject,of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of interest under
California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal.
Gov't Code §87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that
may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
There is no fiscal impact to the General and as a result of this action. In the remote event that HUD should
withdraw the City's CDBG, ESG, and HOME funding; the, Agreements "(Memorandum of Understandings, provide,
that the City is not obligated to compensate subrecipients or City Departments for program expenditures.
Recommended funding allocations are summarized below:
ESG-CV Homeless Prevention $ 100,000
ESG-CV Shelter Operations $ 533,668
HOME- EN Tenant Based Rental Assistance $ 551,756
CDBG-END Street Sidewalk Project(increase) $ 50,000
CDBG-CV Faivre Street Sidewalk Project $ 300,000
CDBG-CV Public Facility Improvement Project $ 500,000
Page 4
2020-05-12 Agenda Packet, Page 290 of 31 Q
CDBG-CN Small Business Direct Financial Assistance $ 589,000
CDB -CN Jiob Training $ 299,000
CDBG-CN Small Business Technical Assistance. 20,000.
CDB -Cv Bridge.Shelter Ramp-Up Costs $ 4641171
Total $ 3„299,595
ONGOING FISCAL
There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration of the
CD G, HOME and ESG programs are covered by the respective grants.
ATTACWENTS
1. 2015-2020 Consolidated Plan Amendment
2. 2019-2020 Annual Action Plan Amendment
3. 2015-2020 Citizen Participation Plan Amendment
Prepare ,angelica Davis, DSD Housing Senior Management Analyst
P
2020-05-12 Agenda Packet, Page 291 of 310
RESOLUTION NO.
RESOLUTION OF THE CITY OF +C HULA VISTA: (1)
APPROVING AMENDMENTS TO REQUIRED PLANNING
DOCUMENTS TO ALLOCATE AVAILABLE FUNDING
FROM THE U.S. DEPARTMENT OF HOUSING AN
URBAN DEVELOPMENT UNDER THE CARES .ACT ANIS
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME
INVESTMENT PARTNERSHIPS TNERSHIPS CT, ANIS EMERGENCY
SOLUTIONS GRANT FUNDS O PREVENT, PREPARE
ANIS RESPOND TO THE IMPACTS OF COVIN-19; (2)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ANY ANIS ALL HUD DOCUMENTS N'TS I EL TED
TO THE GRANTS (3) AMENDING THE FISCAL YEAR.
2019/20 CIP PROGRAM BUDGET BY ESTABLISHING NEW
C P PROTECTS, GGV02 4 "PUBLIC FACILITY
IMPROVEMENTS" ANIS GGV 255 "F.AIVR
ROADWAY SIDEWALK IMPROVEMENT PROJEC
ANIS (4) APPROPRIATING FUNDS THEREFOR
WHEREAS,S, as a Department of Housing and Urban Development (HUD) entitlement
community, the City of Chula Vista receives grant funds under the Community Development
Bloch Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnerships
Program (HOME);
HEREAS,, through the Coronavirus Aid,. Relief, and Economic Security (CARES)Act,
the U.S. Department of Housing and Urban Development (HUD) allocated special Community
Development Bloch Grant (CDBG-CV) and Emergency Solutions Grant (ESG-CV) funds for
Entitlement Communities. This allocation was authorized in in response to the growing effects of
this historic public health crisis;
HEREAS,, the City of Chula Vista will receive $1,435,675 in C DBGC C V and $693,583
in E - V funds to be used to prevent, prepare and respond to the impacts of COVID-19;
WHEREAS, the City has, available $618,581 in C CBG and $551,756 in HOME un-
encumbered,
n-encum ere , prior year funds to re-allocate to eligible projects in response to C OVID-1 ;
HEREAS,, per HUD regulations, any change in the Consolidated Plan, Annual Action
Plan and Citizen participation plan related to funding strategies, funding mounts or public
participation process constitutes a Substantial.Amendment to the respective planning documents-,
WHEREAS, Staff has prepared amendments to the 2015/2020 Consolidated. Plan;
201.9/2020 Annual Action Plan and, 2015/2020 Citizen Participation Plan per HUD Rules and
Regulations
WHEREAS, the City followed its Citizen. Participation. Plan and held a public comment
period from :May 1. to :may 6, 20oa
2020-05-12 Agenda Packet, Page 292 of 310
Resolution No.
Page 2
WHEREAS, Staff has determined that the proposed activities are eligible for CI G,LSG,
and HOME funding;
WHEREAS, each CDB i project and program meet a national objective to benefit
primarily low/income households or aid in the elimination of slums and blight;
WHEREAS, Staff has determined that the subrecipient identified is experienced and
staffed in a manner such that they can prepare and deliver the services required by the City; and.,
WHEREAS, in the event that TIUD withdraws the City's CDBG, ESG or HOME funding,
the City is not obligated to compensate the sub/recipients/contractors for program expenditures.
NOW, THEREFORE,E, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it;
1. Approves the 2015/2020 Consolidated Plan Amendment; the 2019/2020 Annual.
Action Flan Amendment, and, the 2015/2020 Citizen Participation Plan Amendment for the
Community Development Bloch Grant CI G), Home Investment Partnership Act(HOME), and
the Emergency Solutions Grant (ESG) Programs.
2. Authorizes the City Manaer, or designee, to execute any and all agreements and.
necessary amendments for the management and implementation of the FY 20/9/2020 Action.Plan.
. Authorizes the City of Chula vista Development Services Department Director to
enter into Memorandums of Agreement, in substantially the form presented, for the management
and implementation of the FY 2019/2020 Action Play Capital Improvement projects with the
Director of Engineering and further authorizes the City Manager or his designee to male such
minor modifications as may be approved or required by the City Attorney.
4. authorizes the City Manager to execute the HUD Funding approval Agreements
and any other related documents necessary to obtain the HUD grants..
5. Approves amending the Fiscal Year 2019/20 CIP Program Budget by establishing
new CIP projects, GGv 254, "Public Facility Improvements"and GGV0255 "Faivre&Broadway
Sidewalk Improvement Project ".
. That it authorizes an appropriation in the amount of$3,299,595 to be included as
part of the 20119/2020 City Manager's Budget from the Community Development Bloch Grant,
Hume Investment Partnerships and Emergency Solutions Grant.
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen.R. Googins
Director of Development Services City Attorney
2020-05-12 Agenda Packet, Page 293 of 310
ATTACHMENT A
ORG OBJ PROJECT STRING I/D DESCRIPTION AMOUNT
272534 7901 BGS1147 I Homeless Prevention $ 100,000
2.72534 7901 BGS1148 I Shelter Operations $ 533,008
272552 7999 BGS1139 I Tenant Based Rental Assistance $ 551,355
2.72550 7999 STL0430 I "D"Street Sidewalk Project(Increase) 50,000
Faivre& Breadlwa SidewalkImprovement272550 7999 GGU"0255 I $ 300,000
Project
272555 7999 GGV0254 I Public Facility Improvement Project $ 500,000
2.72557 79+01 BGS1142 I Small Business Direct Financial Assistance $ 580,000
272557 7901 BGS1143 I Job Training $ 200,000
272557 7901 BGS1144 I Small Business Technical Assistance $ 20,000
272557 7901 BGS1146 I Bridge Shelter Ramp-Up Costs $ 4041171.
2020-05-12 Agenda Packet, Page 294 of 310
City of C h u I a Vista
an —
2015-2020 Consolidated P! Substantial Amend:
EXECUTIVESU M MARY
�ES-05 Executive Summary - 911.3010(c), 91.3,20(b
Introduction
On March 27, 2020 Congress passed the Coronavirus Aid, Relief, and Economic Security Act or the
"CARES Act". The Act identified additional funding for both the Emergency Solutions Grant (ESG)
and the Community Development Block Grant (CDBG to support preparation for and response to
the community impacts of the COVID-19 pandemic. HUD's distribution plan for the additional
funding included multiple phases that would allow for quick access to funding necessary to address
the immediate crisis resulting from the rising pandemic, as well as phases that would support post-
pandemic community recovery. This amendment to the City's 2015-2020 Consolidated Plan
("ConPlan Amendment") includes planning for both phases.
Adopted in 2015, the priorities and strategies of the current ConPlan would need to be amended
to address the related impacts arising out of the Co ID-1'9 pandemic using funds from the
following three HUD programs:
• Emergency Solutions Grant CARES Act Stimulus (ESC -C'V};
• Community Development Block Grant CARES Act Stimulus (CDBG-CV), and,
HOME Investment Partnership Program.
Additionally, this ConPlan amendment addresses the planning requirements necessary for the
Public Participation Plan, Needs Assessment, Market Analysis, and Strategic Plan sections. The
Action Plan component is included in the 2019-2020 Annual Action Plan Amendment that is
available for public comment concurrently with this document.
Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview
The priorities for COVID-19 response are below.
Addressing and preventing hom�elessness
Increase economic development opportunities
Maintain or improve public facilities and infrastructure
Maintain or improve access to public services
Specific objectives related to,each goal are discussed in Sections SP 45 and AP 20. The above goals
include response to the COVID-19 pandemic, and implementation of CARES Act funds.
............................................. ............... .............................................
2015-2020 Consolidated Plan Amendment Page 1 of 8
City of Chula Vista
2020-05-12 Agenda Packet, Page 295 of 31 Q
Outcomes for the HUD funded programs are tracked by businesses, households and housing units,
individual beneficiaries, and neighborhoods or target areas, depending on the type of activity,
funding, and applicable national objective.
As the CARES Act was signed into law recently on March 27, 20201 well after the public
participation for the 2015-2020 ConPlan was completed, programming of the CARES Act funding
and all amendments necessary to the associated planning documents were presented for public
comment as part of the public comment period from May 1 to May 6, 2020 of this amendment to
the ConPlan.
CITIZEN PARTICIPATION
�PR-015 Lead & Responsible Agencies 24 CFR, 91.,30,01(b)
Describe ogenctit y responsssib,le for
odministrotion of eoch gronit progrom ondfunding source.,
The following are the a�gencies/entities responsible for, preparing the Consolidated Plan and
those responsible for administration of each grant program and funding source.
Table 1— Responsible Agencies
Agency Role Name
Department/Agency
Lead Agency City of Chuila Vista Development Services Department
Housing Division
CABG & CDBG-CV City of Chuila Vista Development Services Department—
Administrator Housing Division
ESG & ESG-CV City of Chuila Vista Development Services Department
Administrator Housing Division
PR-101 Consultation - 91.1101 91.3010(bi); 91.315(l)
As part of the implementation of the new CARES Act, HUD provided some regulatory relief for the
existing ESG funding as follows:
Waiving the Fair Market Rent (FMR) restrictions for a limited time;
Providing increased administration percentages;
Reducing match requirements; and,
............................................. ............... .............................................
2015-2020 Consolidated Plan Amendment Page 2 of 8
City of Chula Vista
2020-05-12 Agenda Packet, Page 296 of 31 Q
• Reducing use restrictions, on the ESG-CV funds.
These reduced restrictions, along with the urgency required to deploy the ESG-CV funds
necessitated a waiver of the City's ESG regulations, which included the prescribed method of
distribution. The Housing Division will be exploring the opportunity to, transition from ESG
regulations to more flexible guidelines to support adaptability and responsiveness to the ongoing
impacts of the COVID-19 virus and the evolving needs to effectively reduce homelessness in the
City.
To additionally support the CDBG-CV COVID-19 relief/ HUD, has waived the public services cap that
limited public services to 15 percent of the total award for COVID-19 related services. These
waivers can be found by accessing the HUD waiver link.
PR-15 Citizen Partics platin - 91.115, 91.3001(c)
Summory of citizen participation processlEfforts mode to,broaden citizen porticipotion.-Summorize
zen plorticipation process ond how it i' cted goal setting
The public comment period for this Con Plan amendment is five days, as per HUD's waiver, to
expedite the CARES Act funding to address the immediate needs facing communities impacted by
the COVID-19 Pandemic. The draft 2015-2020 ConPlan Amendment is available for comment from
all interested parties from May 1, 2020, through May 6, 2020.
The needs in this Chapter were derived from preliminary data from the impacts of COVID-19 which
indicate a worsening of the economic situation for many Chula Vista residents and businesses.
Public services, including nutrition support, housing assistance, particularly for households
suffering loss of income, support for persons experiencing homelessness, and economic
development support for businesses impacted by forced closure are key programmatic needs that
have been identified in the CARES Act.
NEEDS ASSESSMENT AND M�ARKET ANALYSIS
NA-05 Overview Needs Assessment Overview
The needs identified in this ConPlan focus on housing, homelessness prevention and response,
economic development, public services, and puiblic facilities, and infrastructure. The COVID-19
pandemic has only exacerbated needs already existing within our communities. However, some
needs have been prioritized.
............................................. ............... .............................................
2015-2020 Consolidated Plan Amendment Page 3 of 8
City of Chula Vista
2020-05-12 Agenda Packet, Page 297 of 31 Q
The ongoing shut-down of businesses has, resulted in record unemployment, which severely
impacts areas with a higher cost of living and areas already impacted by higher poverty rates. Small
businesses have been especially impacted as many do not have the working capital to weather
months of mandated shut-down while maintaining payrolls and employment benefits.
The need for business support is increasing as the shut-down continues.
As a result of shortages in some areas, combined with loss of income for many households, there
has been substantial increase in demand for assistance through public services, especially food
banks, meal delivery services, and housing related services. The rapid increase in demand has left
many service providers under-staffed and under-resourced and has added substantial
unanticipated costs. The increased demand is expected to be sustained beyond the shut-down as
it will take time for households to regain employment and economic stability.
Homelessness response and homelessness prevention has also risen in priority. Many households
have been uinable to pay rent since the shut-down and shelter-in-place orders were issued in early
March 2020. While there are moratoriums on evictions, ho,using costs are still a �major concern,
particularly for lower-income households who may be at risk of homelessness once the
moratorium is lifted and still with limited ability to pay rents and other basic necessities.
Homelessness prevention must be a community priority to prevent increase in homelessness as
housing protections are lifted. Persons already experiencing homelessness are also at increased
risk of infection and death due to COVID-19. Persons experiencing homelessness need access to
stable and safe shelter to prevent infection and spread of the disease.
MA-151 Cost Holus,ing—91.3101(a�)
Discussian
As part of the CARES Act, HUD waived certain FMR limits,for the ESG-CV funding.This waiver would
impact both the existing ES G allocations as well as the ESG-CV funding. The waiver is intended to
help address the wide variances in housing costs. This waiver will be critical in ensuring that the
funding can be used as intended to help people in the timeframe required to make a timely
response to community needs. Additional waivers of the public services cap for the CCSB G-CV and
2020 CDBG allocation are provided as well
MA-651 Hazaritigation
Disease Outbreaks
As of April 17, 2020, the City of Chula Vista reported 234 confirmed cases of the COVID-19 novel
coronavirus, 10%of the overall San Diego total. Low and moderate-income communities are more
vulnerable to disease outbreaks than higher-income communities because of their limited access
............................................. ............... .............................................
2015-2020 Consolidated Plan Amendment Page 4 of 8
City of Chula Vista
2020-05-12 Agenda Packet, Page 298 of 31 Q
to health care providers, and the fact that being a member of a vulnerable population is associated
with being immunocompromised and more vulnerable to infectious disease. While the eventual
impact of the COVID-19 outbreak is unclear at this stage, it serves as a warning that these events
may increase in frequency and severity in coming years.
STRATEGIC PLAN
SPIriori'ty Needs—91.315,(a)(2),
Priority Needs
Sort Name Priority Level High
Order COVID-19 Pandemic Response (CARES
5 Act)
Description:
Provide emergency response for persons vulnerable to health risks posed by the COVI�D-19
pandemic. Provide economic development support to areas impacted by shelter-in place
business closures.
Target Population Associated Goals
Areas Income Level: Extremely Low, Low Addressing and preventing
Affected homelessness
Non-homeless Special Needs: Elderly,
Frail Elderly, Persons with Mental Economic Development
Disabilities, Persons with Physical Maintain or improve
Disabilities, Persons with Developmental access to public services
Disabilities, Persons with Alcohol or Other
Addictions, Persons with HIV/AIDS and their Maintain or improve access
Families, Victims of Domestic Violence to public facilities
Homeless.- Chronic Homelessness,
Individuals, Families with Children,
Mentally 111, Chronic Substance Abuse,
Veterans, Persons with HIV/AIDS, Victims of
Domestic Violence, Unaccompanied Youth
Describe the basis for the relative priority:
In March of 2020, the Coronavirus pandemic began to impact U.S. communities and
projections indicated that elderly, persons with underlying health conclitions, and persons
without access to housing were at particular risk of infection and death. Communities across
the nation, including Chula Vista, initiated Shelter in Place, Orders that encouraged non-
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2020-05-12 Agenda Packet, Page 299 of 31 Q
essential workers, to shelter in their homes, and a shut down of all non-essential businesses.
Impacts from the COVID-19 pandernic are expected to spread for those homeless with no
immediate access to shelter and healthcare and additional needs for housing to support
persons experiencing homelessness in a non-congregate environment to prevent the spread
of COVID-1 . Additionally, the Shelter-in-Place Orders has resulted in mass business shut_
downs during the term of the order. The shutdowns have impacted non-essential services,
resulting in record unemployment. Essential businesses need assistance in preserving jobs
during the shelter-in-place order. Businesses that have shut clown will need support in re-
opening and ramping beck up into full operations, including both job retention and job creation
efforts.
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2020-05-12 Agenda Packet, Page 300 of 31 Q
P-35 ANTICIPATED RESOURCES - 91.315(A)(4)1' 9I1.320i(C) (112)
Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative
Funds Annual Progra m Prior Year Total:$ Available Description
Allocation: Income: Resource s:$ Reminder
$ $ of
ConPlan $
ESC-CV Public Federal Administration, One time awarcl
Financial of funds—March
Assistance, 2020
Overnight shelter,
Rapid Rehousing, $930,642 $960,642 0
Homeless
Prevention
Transitional housing,
She,llter Operations
CDBG-CV Public Federal Acquisition, One time award
Admin and of funds—March
Planning, 2020
Economic
Development,
Housing, $1,435,675 $618,581 $2,054,256 0
Publlic
Improvement s,
Public Services
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SP-60 Homelessness Strategy
Help low-income individuals and families avoid becoming homeless, especially extremely low-
income individuals and fam�il�ies who are likely to become homeless after being discharged from a
publicly funded institution or system of care, or who are receiving assistance from public and
private agencies that address housing, health, social services, employment, education or youth
needs.
As part of the CARES Act, HUD has temporarily waived FMR limits for the ESG-CV funding. This
waiver impacts both the existing ESG allocations, as well as the ESG-CV funding. The waiver is
intended to help address the wide variances in housing costs. This waiver will be critical in ensuring
that the funding can be used as intended to help people in the timeframe required to have a timely
response to community needs.
HUD has proposed additional regulatory relief as part ofthe CARES Act, by providing increased
administration percentages, reduced match requirements, and reduced use restrictions on the
ESG-CV funds. These reduced restrictions, along with the urgency required to get the ESG-CV
funds utilized, necessitated a waiver of the City"s ESG regulations. The Department will be
exploring the opportunity to transition from ESG regulations to amore flexible guidelines to support
adaptability and responsiveness to the ongoing impacts of the COVID-19 virus and evolving needs
to effectively reduce homelessness in the City.
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2015-2020 Consolidate Plan Amendment Page 8 of 8
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2020-05-12 Agenda Packet, Page 302 of 31 Q
City of Chula Vista 2019-2020 Annual Action Plan
Substantial Amendment
EXECUTIVE SUMMARY
AP-05 Executiry—24CFR 91.200(c), 91.220(b,)
Introduction
Summary of Citizen Participation Process and consultation process
The Substantial Amendment to the 2019-2020 Annual Action Plan (AP Amendment) addressing
additional funding from the CARES,Act will be available for a public comment period of 5 days per
waiver of federal regulations. The waiver may be accessed thorough this link tothe HU�D website.
The waiver allows for added flexibility in the ESS program. The draft AP Amendment is available
for comment from all interested members of the public from April 24, 2020 to,April 30, 2020.The
draft AP Amendment and the p'ub'lic notice document are available for review on the City's Housing
website at chulavistaca.gov.
AP-12 Participation - 91m 5, 91.3001(c)
Summary of citizen participation process/Efforts made to broaden citizen participation
The Substantial Amendment to the 2019-2020 Annual Action Plan (AP Amendment) addressing
additional funding from the CARES Act will be available for a public comment period of 5 days per
waiver of the federal regulations. The draft AP Amendment is available for comment from all
interested members of the public from Tuesday, April 14, 2020 to Monday, April 20, 2020. The
draft AP Amendment and the public notice document are available for review on the City's Housing
webpage at www.chulavistaca.go,v.
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2020-05-12 Agenda Packet, Page 303 of 31 Q
AP-15 EXPECTED RESOU91.320(C) (1,2)
Introduction
The CARES Act provides one-time funding for two federal grant programs administered by the City. The funding designation for CARES
Act funds is Coronavirus (CV) funds:
0 Development Block Grant CARES Act Stimulus (CDBG-CV); and
0 Emergency Solutions Grant CARES Act Stimulus (ESG-CV).
Anticipated Resources
The anticipated resources for the CDBG-CV and ESG-CV programs are based on award letters received in early April 2020 and indicate
actual awards for these funds. Future funding for the ESG-CV and CDBG-CV is expected to address longer term impacts of the CO,VID-19
pandemic, however those funds will be programmed through future and amendments.
Program, Uses of Funds Expected Amount Available
Expected Amount Narrative
Available Reminder Description
of ConPlan$
Annual CARES: Prior Year Tota 1:
Allocation: Resources:
ESG-CV Financial $201,139 $693,583 $0 $201,139, $894,722 One-time award of
Assistance! Overnight funds—
shelter, Rapid Rehousing, March 2020
Transitional housing
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2020-05-12 Agenda Packet, Page 304 of 31 Q
ClDBG- Acquisition, $2,400,515 $1,435,675 $0 $19,331,744 $4,454,771 One-time award of
CV Admin and
funds—
Economic March 2020
Development,
Public
Services and
Facility
Improvements
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2020-05-12 Agenda Packet, Page 305 of 31 Q
AP-20 ANNUAL GOALS AND OBJECTIVES—91.320(C)(3) &(E)
Goals, Surnmary Information
The figures below represent estimates of allocation goals and objectives for the additional funding provided under the CARES Act. These
figures are determined by the funding recipients,' priority needs.
Sort Goal Name Start Year End Category Needs Estimated Goal Outcome Total
Order Year Addressed Funding Indicator
1 Provide homeless 2020 2020 Homeless Homeless Tenant-based rental TBD
assistance and assistance and assistance/ Rapid
prevention services prevention Rehousing
services (Households
Assisted)
Homeless TBA
Person
Overnight
Shelter (Persons
Assisted)
H IV/AI DS TBD
Housing
Operations
(Household
Housing Unit)
Homelessness TBD
Prevention
(Persons
Assisted)
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Sart Goal Name Start Year End Category Needs Estimated Goal Outcome Total
Order Year Addressed Funding Indicator
Household TBD
Housing U. it ether
2 Increase economic 2020 2020 Non-Housing Economic CDBG-CV Jos TBC
development Community Development -TBC created/retained (Jobs)
opportunities Development Opportunities
Businesses TBD
,assisted
(Businesses
,assisted
3 Maintain or increase 2020 20,20 Non-Housing Public Services CCS G- V Public service activities TBC
public services Community -TBD supporting response to
DevelopmentCOVID-19
(Persons
Assisted)
Maintain or increase 2020 20,20 Non-Housing Public CS G- V Public Facility activities TB
public facilities Community Facilities -TBC supporti healthcare
capacity Development ca
p it and housiner
ersons eX ger.
ie cin
.homelessness
2015 2020 Action Plan Amendment Page 5 of
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2020-05-12 Agenda Packet, Page 307 of 310
AP-65 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES - 91.320(H)
Helping low-income individuals and families avoid becoming homeless, especially extremely low-
income individuals and families and those who are: being discharged from publicly funded
institutions and systems of care (such as health care facilities, mental health facilities, foster care
and other youth facilities,and corrections programs and institutions);or, receiving assistance from
public or private agencies that address housing, health, social services, employment,, education,
or youth needs.
As part of the CARES Act, HUD has temporarily waived FMR limits for the ESG-CV funding. This
waiver impacts both the existing ESG allocations as well as the ESG-CV funding. The waiver is
intended to help address the wide variances in housing costs. This waiver will be critical in
ensuring that the funding can be used as intended to help people inthe timeframe required to
make a timely response to community needs.
HUD, has proposed additional regulatory relief as part of the CARES Act, by provi'di'ng increased
administration percentages, reduced match requirements, and reduced use restrictions on the
ESG-CV funds. These reduced restrictions, along with the urgency required to get the ESG-CV
funds utilized, necessitated a waiver of the state's ESC regulations. The Department will be
exploring the opportunity to transition from ES,G regulations to more flexibleguidelines to support
adaptability and responsiveness to the ongoing impacts of the COVI�D-19 virus and evolving needs
to effectively reduce homelessness in the state.
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2015-2020 Consolidate Plan Amendment Page 6 of 6
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2020-05-12 Agenda Packet, Page 308 of 31 Q
City of Chula Vista
znt
Me
2015-2020 Citizen Participation �Pl�an Amend
The Consolidated Plan is a U.S., Department of Housing and Urban Development (HUD) requirement
for a city to receive federal Housing and Community Development funding, Each Consolidated Plan
must contain a strategy for citizen participation in the Consolidated an and Annual Action Plan
process,
It is the policy of the City of Chula Vista to ensure adequate citizen involvement int planning,
implementation, and evaluation of its Housing and Community Development programs. This
document outlines the City's plan for soliciting and receiving citizen input during preparation of the
Five-Year Consolidated Plan covering the program years 2015 to 2019, and the individual Annual
Action Plans during these same years.This Citizen Participation Plan(CPP)was drafted in accordance
with Sections 91.100 and 91.105 of HUD"s Consolidated Plan regu�lations.
EXECUTIVE SUMMARY
ES05 Executive Surnimary- 91.3010(c , 91.320(b
Introduction
On March 27, 2020 Congress passed the Coronavirus Aid, Relief, and Economic Security Act orthe
"CARES Act"'. The Act identified additional fuind�ing for both the Emergency Solutions Grant (ESC}
and the Community Development Block Grant (CDBC) to support preparation for and response to
the community impacts of the COVID-19 pandemic. HUD's distribution plan for the additional
funding includes multiple phases that would allow for quick access to funding necessary to address
the immediate crisis resulting from the rising pandemic, as well as phases that would support post-
pandemic community recovery. An amendment to the City's 2015-2020 Citizen Participation Plan
is necessary in order to expeditiously respond to the urgency of needs to further prevent and
respond to the impacts of COVID-19. As outlined within the CARES Act, the following represents
the amendments to the Citizen Participation Plan:
Provide additional and flexible opportunities for members of the public to participate in
the public comment process.
Ad�d�ition of a virtual public hearing option when onsite public hearings are deemed
unsafe to conduct
Reduction of the notice requirement for public hearings from thirty (30) days to five (5)
days from the date of publication of a notice.
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2020-05-12 Agenda Packet, Page 309 of 31 Q
ITEM #12
THE ATTACHMENTS FOR THIS ITEM WILL BE
UPLOADED WHEN AVAILABLE
202005.12,ggcnA.i Packet Page 310 of 310