HomeMy WebLinkAbout2020-08-25 Agenda Packet I declare under penalty of perjury that I am employed
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CITY OF
CHULA VISTA
Mary Casillas Salas, Mayor
John McCann, Councilmember- District 1 Maria V. Kachadoorian, City Manager
Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney
Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk
Mike Diaz, Councilmember- District 4
Tuesday, August 25, 2020 5:00 PM Via Teleconference
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE
INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE
IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY
VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS.
HOW TO WATCH: Watch the meeting via livestream at https://chulavista.legistar.com/Calendaraspx, on AT&T U-verse
channel 99(throughout the County), and on Cox Cable channel 24(only in Chula Vista). Recorded meetings are also
aired on Wednesdays at 7 p.m. (both channels)and are archived on the City's website.
HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at:
https://chulavista.granicusideas.com/meetings. The commenting period will be open shortly after the agenda is published
will remain open through the meeting. All comments will be available to the public and the City Council using the
eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period.
Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit
a comment,please contact the City Clerk's Office at cityclerk@chulavistaca.gov or(619)691-5041.
ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access
and/or participate in a City meeting by contacting the City Clerk's Office at cityclerk@chulavistaca.gov or (619) 691-5041
(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the
meeting.
***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus,
Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we
have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a
publicly accessible experience. ***
City of Chula Vista Page 1 Printed on 8/20/2020
City Council Agenda August 25,20201
CALL 'TCS ORDER
ROLL CALL:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 20-01358 PRESENTATION ON THE 2020 FIRE SEASON BY FIRE
CHIEF JIM DEER NCS
CONSENT CALENDAR (111tems 1 - 11)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item be
removed for discussion. If you wish to comment on one of these items, do so at
https.-Ilch ula vista.granicusideas.com/meetings
1. 20-01362 APPROVAL OF MINUTES of Jlanuary 7 and 4, 020.
Recommended Action: Council approve the minutes.
2. 20-01180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF TWO
ACTIVE TRANSPORTATION PROGRAM - CYCLE 5 GRANT
APPLICATIONS FOR F STREET PROMENADE PHASE I
FROM BAY BLVD TO BROADWAY AND BAYS ORE
BIKEWAY FROM E STREET' TO LAGOON DRIVE AND
STATING THE CITY'S ASSURANCE TO COMPLETE THE
PROJECTS
Department: EngineerinDepartment
Environmental Notice: The activity qualifies for an Exemption pursuant to the California
Environmental Qu�allity Act State Guidelines Section 15301 (Existing
Facilities); Section 15303 (Neer Construction or Conversion of Small
Structures); Section 15304 (Minor Alterations to Land); Section 15183
(Projects Consistent with a Community Plan or Zoning); and Section
15061(b)(3).
Recommended Action: Council adopt the resolution.
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3. 20-01329 A. RESOLUTION of THE CITY COUNCIL of THE CITY
OF' CHULA VISTA APPROVING, THE FIRST AMENDMENT
To THE SEWER SERVICE AGREEMENT BETWEEN THE
CITY of CHULA VISTA AND THE COUNTY of SAN DIEGO
FOR OTAY LAKES COUNTY PARK
B. RESOLUTION of THE CITY COUNCIL of THE CITY
OF CHULA VISTA AUTHORIZING THE ISSUANCE of AN
ENCROACHMENT PERMIT To THE COUNTY of SAN
DIEGO FOR THE OTAY LAKES COUNTY DARK PROJECT
C. RESOLUTION of THE CITY COUNCIL of THE CITY
OF CHULA VISTA APPROVING A LICENSE AGREEMENT
WITH THE COUNTY OF' SAN DIEGO FOR THE OTAY
LAKES COUNTY PARD PROJECT
Department.: Engineering Department
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15303 class 3 (New
Construction or conversion of Small Structures), Section 15317 class 17
(open Space contracts or Easements),1 ;section 15301 class 1 (Existing)
Facilities), and Section 15332 class 32 (In-Fill Development Projects).
Recommended Action. coulncil adopt the (resolutions.
4. 20-01363 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 4 (GENERAL.
BUSINESS FEES) OF THE CITY'S MASTER FEE
SCHEDULE, TOADD CANNABIS-RELATED FEE
Department. Polio Department
Environmental Notice.: The activity is not a "Project" as defined under Section 15373 of the
California (Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 150601(c)(3) no environmental review is regluired.
Recommended Action. coulncil adopt the (resolution.
5. 20-01283 A. RESOLUTION of THE CITY COUNCIL of THE CITY
OF CHULA VISTA ACCEPTING $750,000 FROM THE
UNITED STATES DEPARTMENT OF JUSTICE, OFFICE of
COMMUNITY ORIENTED POLICING SERVICES (OOPS)
FOR THE COPS HIRING GRANT PROGRAM, AND ADDING
SIX PEACE OFFICERS TO THE AUTHORIZED STAFFING
LEVEL of THE POLICE DEPARTMENT (415 VOTE
REQUIRED)
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City Council Agenda August 25,2020
B. RESOLUTION OF THE CITY COUNCIL CSF THE CITY
F' CCNU! A VISTA APPROVING THE AMENDED MEASURE
A PUBIC; SAFETY EXPENDITURE PAN TO MOVE UP
THE HIRING OF SIX PEACE OFFICERS TO FISCAL YEAR
2021 AND AMENDING THE FISCAL YEAR 2021 REVENUE
AND EXPENDITURE BUDGET OF THE MEASURE A
SALES TAX FUND TO FUND SUCH POSITIONS FROM
COPS HIR NCS GRANT PROGRAM AND MEASURE A
POLICE DEPARTMENT AV'AILABL FUND BALANCE (415
VOTE REQUIRED)
Department: Polio Department
Environmental Notice.: The activity is net a "Project" as defined under Section 15378 of the
California Environmental Qulality Act State Gulide lines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Recommended Action. Coulncil adopt the Iresollutions.
. 20-01284 A. RESOLUTION OF THE, CITY COUNCIL, OFTHE, CITY
OF CHULA 'VISNA APPROVING G A TWO-PARTY
AGREEMENT BETWEEN THE CITY OF CHU A 'VISTA AN
REC ON ENVIRONMENTAL, INCA TO SERVE AS A
PRESERVE, ST WARDI IOLOGIST, AUTHORIZING UP TO
TWO 1- YEAR EXTENSIONS TO THE AGREEMENT AND
APPROPRIATING FUNDS THEREFOR (415 'VOTE
REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL IL CSF THE CITY
OF CAHULA VISTA APPROVING A TWO-PARTY
AGREEMENT BETWEEN THE CITY OF C HU A 'VISTA AN
ENVIRONMENTAL SCIENCE ASSOCIATES TO SERVE AS
A PRESERVE STE ARD B C LGGIST, AUTHORIZING U
TO TWO 1- YEAR EXTENSIONS TO THE AGREEMENT
AND APPROPRIATING FUNDS THEREFOR (415 '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
Mate Guidelines Section 15 01(c)( ) no environmental review is required.
Recommended Action: Council adopt the resolutions.
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City Council Agenda August 25,2020
7. 20-01335 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TOLLING THE, DEVELOPMENT IMPACT,
IN-LIEU, AND CAPACITY FEE AUTOMATIC ANNUAL
INFLATIONARY ADJUSTMENTS, FOR 2020
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 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the resolution.
8. 20-01286 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATIVE
PURCHASING AGREEMENT WITH SC COMMERCIAL, LLC
(DBA THE SOCO GROUP) AUTHORIZING THE
PURCHASE OF MOTOR VEHICLE FUEL, ON AN
AS-NEEDED BASIS, IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF REQUEST FOR PROPOSAL
NUMBER 10089315-18-K AND THE COOPERATIVE
AGREEMENT WITH THE CITY OF SAN DIEGO, IN A
TOTAL CONTRACT AMOUNT NOT TO EXCEED
$4,000,000 THROUGH APRIL 30, 2024
Department: Public Works 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 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the resolution.
9. 20-013417 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A QUITCLAIM DEED
CONVEYING CITY'S INTEREST, IF ANY, IN VACANT LAND
TO THE OWNER OF THE ADJACENT PARCEL LOCATED
AT 3925 MAIN STREET
Department: Economic Development Department
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15305 Class 5 (Minor
Alterations in (Land Use Limitations), Section 15332 Class 32 (In-Fill
Development Projects), and Section 15061(b)(3).
Recommended Action: Council adopt the resolution.
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City Council Agenda August 25,2020
10. 20-01346 INVESTMENT REPORT FOR THE QUARTER ENDED
JUNE 307 2020
Department: Finance Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 150601(c)(3) no environmental review is reqluired.
Recommended Action: Coulnicil receive the report.
11. 20-01355 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CH LA VISTA APPROVING BOND AND DISCLOSURE
COUNSEL AND JUDICIAL VALIDATION SERVICES IN
CONNECTION WITH THE, ISSUANCE OF PENSION
OBLIGATION BONDS UNDER LEGAL SERVICES,
AGREEMENT NO. LSA 10,2214 BETWEEN THE CITY AND
STRADLING YOCCA CARLSON & RAUTH
Department: Finance Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 150601(c)(3) no environmental review is required.,
Recommended Action: Council adopt the resolution.
ITEMS REMOVED FROM 'THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons commenting during Public Comments may address the Council on any subject matter
within the Council's jurisdiction that is not listed as an item, on the agenda. State law generally
prohibits the Council from discussing or taking action on any issue not included on the agenda,
but, if appropriate, the Council may schedule the topic for future discussion or refer the matter
to staff If you wish to comment, you may do so at
https.-Ilchula vista.granicusideas.com/meetings
12. 20-01359 PUBLIC COMMENTS RECEIVED for August 25, 2020
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City Council Agenda August 25,2020
PUBLIC HEARINGS
The following iters(s) have been advertised as public hearing(s) as required by lave. if you wish
to comment on one of these items, you, may do so at
h ttps.-Ilcht lavista.gr nice id a .com/meetings
13. 20-0352 C SIDERATI N OF A RECOMMENDATION FROM THE
PLANNING COMMISSION TO APPROVE A 141-UNI
CONDOMINIUM PROJECT OFF Moss STREET,
BETWEEN INDUSTRIAL BOULEVARD AND, BROADWAY
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
F CHU A VISTA ADOPTING MITIGATED NEGATIVE
DECLARATION AND ASSOCIATED MITIGA'TI N
MONITORING ASND REPORTING PROGRAM IS1 -0 CD4
AND APPROVING AN AMENDMENT TO THE CHULA '"SISTA
GENERAL PLAN INCLUDING A `S CIATED TEXT, MAPS
AND TABLES TO REFLECT A LAND USE CHANGE, ROM
LIMITED INDUSTRIAL TO RESIDENTIAL HIGH FOR
APPROXIMATELY 6.9 ACRES AT 676 MESS STREET
B. ORDINANCE F THE, I'TY OF CHUL.A VISTA
APPROVING A REZONE FOR A 6.94-ACRE E SITE LOCATED
AT 676 MOSS STREET (FIRST READING)
C. RESOLUTION F THE, CITY COUNCIL.. F' THE, CITY
F CHU'LA VISTA APPROVING TENTATIVE SUBDIVISION
N
MAP PCS18-0006 TO CONSOLIDATE A 7.29-ACRE SITE
FROM THREE 3 PARCELS INTO ONE 6.94-ACRE SITE
FOR (141) MULTIFAMILY RESIDENTIAL, UNITS, FOR
INDIVIDUAL_ OWNERSHIP AT 676 MOSS STREET
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA APPROVING DESIGN REVIEW PERMIT'
DR1 -0028 TO CONSTRUCT 18 THREE-STORY
BUILDINGS TOTAL I NG 104)416 SQUARE FEET,
CONSISTING OF 141 T WNH M S ON A 6.94 ACRE SITE
LOCATED AT 676 MOSS S TR 'T, WEST OR CSA DWAY
AND EAST OF INDUSTRIAL BOULEVARD
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City Council Agenda August 25,2020
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA APPROVING A VARIANCE, ZAV18-0001
TO DEVIATE THE FRONT SETBACK FROM 15 TO 10
FEET TO ALLOW AN EXISTING DOUBLE-BARRELED
CULVERT TO REMAIN IN ITS CURRENT LOCATION ON A
6-94-ACRE SITE, LOCATED AT 676 MOSS STREET
Department: Development Services Department
Environmental Notice: Mitigated Negative Declaration (MIND) IS18-0004 and associated Mitigation,
Monitoring and Reporting Program (MMRP) have been prepared.
Recommended Action: Council conduct the public hearing, place the ordinance on first reading,
and adopt the resolutions.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the Council and
are expected to elicit discussion, and deliberation. If you wish to comment on one of these
items,, you may do so at lett, s "�chula vista.granicusideas.com/meetings
14. 20-01364 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING THE CITY'S EVICTION
MORATORIUM ORDINANCE (EMERGENCY ORDINANCE
NO. 3489-A) UNTIL SEPTEMBER 301) 2020 AND
CONSIDERATION OF POSSIBLE MODIFICATIONS, TO
CITY'S EVICTION MORATORIUM RULES BASED UPON
RECOMMENDATIONS FROM THE CITY'S AD HOC
SUBCOMMITTEE OR STAFF'
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 150601(c)(3) no environmental review is reqluired.
Recommended Action: Council adopt the resolution.
15. 20-01356 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A
CORONAVIRUS AID, RELIEF, AND, ECONOMIC SECURITY
(CARES) ACT CORONAVI�RUS RELIEF FUND (CRF)
ALLOCATION OF $3,3,60,914 FROM THE STATE OF
CALIFORNIA AND APPROPRIATING FUNDS IN THE
GENERAL FUND IN FISCAL YEAR 2020/21 (4/5 VOTE
REQUIRED)
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City Council Agenda August 25,2020
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACTOR/SERVICE PROVIDER
SERVICES AGREEMENTS WITH SOUTH BAY
COMMUNITY SERVICES, COMMUNITY THROUGH HOPE,
AND THE LIVING COAST DISCOVERY CENTER, FUNDED
BY STATE AND COUNTY CARES ACT FUND
ALLOCATIONS
Department: Finance Department
Environmental Notice: The activity its not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Recommended Action: Council adopt the resolutions.
16. 20-01361 PRESENTATION BY HARVARD FELLOW, IRENE LIU, ON
CHULA VISTA INCLUSIVE ECONOMIC DEVELOPMENT
Department: Economic Development Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 15060(c)(3) no environmental review is reqluired.
Notwithstanding the foregoing, the activity also qu�allifies for an Exemption
pursuant to Section 15061(b)(3,) of the California Environmental Quality Act
State Guidelines.
Recommended Action: Council hear the presentation and accept the report.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
COUNCIL EMBERS' COMMENTS
17. 20-01367 CC UNCILMEMBER MC CA N:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, OPPOSING CALIFORNIA PROPOSITION 15,
ENTITLED, "TAX ON COMMERCIAL AND INDUSTRIAL
PROPERTIES FOR EDUCATION AND LOCAL
GOVERNMENT FUNDING INITIATIVE (2�1020)113
Recommended Action: Council adopt the resolution.
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City Council Agenda August 25,2020
CITY ATTORNEY'S REPORTS
ADJOURNMENT
in mee ory of Kevin Patrick Powell, March 30, 1982-August 11, 2020.
to the regular City Council meeting on September 15, 2020, at 5.-00 p.m., in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available for public
review,please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or(619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online.
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C® of Chula Vista
Meetinge Minutes -, Draft
Tuesday,January 7,2020 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 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 5:03 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
P,resento. Councilmember Diaz, Deputy Mayor Galvez, Councilmember McCann, Councilmernber
Padilla and 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
Deputy Mayor Galvez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 1191-0578 OATI-11 OF OFFICE
James Scofield, Charter Review Commission
City Clerk Bigelow administered the oath of office to Commissioner Scofield, and Councilmember Padilla
presented him with a certificate of appointment.
CONSENT CALENDAR ((terns 1 - 4)
Item 2 was removed from the Consent Calendar at the request of a member of the public.
1. 20-0010 APPROVAL OF MINUTES of June 4 and 11, 20191.
Recommended Action-. Council approve the minutes.
Item 2 was removed from the Consent Calendar.
City of Chula Vista Page 1
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City Council Meeting Minutes-(Draft ,January 7,2020
. 1 -0500 RESOLUTION NO. 2020-001 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING AS 'THE LEGISLATIVE BOILY OF COMMUNITY
FACILITIES DISTRICT NO. 16-1 (MILLENIA) MODIFYING TERRITORY
WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES
DISTRICT NO. 16-1 MILL.FNIA) AND DECLARING ITS INTENTION TO
CONSIDER CHANCES TO THE RAE AND METHOD OF
APPORTIONMENT NM NT CSF SPECIAL TAXES AUTHORIZED TO BE LEVIED
WITHIN IMPROVEMENT AREA NO., 2 THEREOF
Recommended Action: Council adopt the resolution.
4. 19-0581 RESOLUTION N NCS. 2020-002 OF THE CITY COUNCIL. OF THE CITY OF
CHULA VISTA ACCEPTING $5595534 FROM THE STATE, O1=
CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY
GENERAL, TOBACCO GRANT PROGRAM, ADDING ONE PEACE
OFFICER TO THE AUTHORIZED, STAFFING LEVEL OF THE POLICE
DEPARTMENT, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN 'THE CITY AND CALIFORNIA DEPARTMENT OF JUSTICE,
AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS
SECTION OF THE STATE. GRANTS FUN 4/5 VOTE. REQU� RED)
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Padilla, to approve staffs recommendations on the above Consent Calendar
items, headings read,text waived.The motion carried by the following vote:
Yes: 5.. Diaz, Galvez, McCann, (Padilla and Casillas Salas
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. 191-0577 ORDINANCE E NO 3478 O1= 'THE CITY OF CHULA VISA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE
UNCLASSIFIED POSITION OF SMART TECHNOLOGY OFFICER
(SECOND READING AND ADOPTION) 4/5 VOTE REQUIRED)
Theresa A cerro, who also spoke on behalf of Kenn Colclasure, bath Chula Vista residents, spore In
opposition to staffs recommendation.
ACTION: A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to adapt Ordinance No. 3478, heading read, text waived. The motion
carried by the following vote:
Yes: 5.. Diaz, Ualvez, McCann, (Padilla and Casillas Salas
No: 0
Abstain: 0
City of Chula Vista Page 2
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City Council Meeting Minutes-IDraft ,January 7,2020
PUBLIC COMMENTS
Becky Rapp, spoke in support of the City working with schools on smoking/vaping use among teens and
she submitted written communications.
- Michael Specht, Chula Vista resident, expressed concern regarding issues related to homelessness and
he submitted written communications.
ACTION ITEMS
5. 1 -0568 RESOLUTION NO. 2020-003 OF THE CITY COUNCIL OF THE CITY OF
CF ULA VISTA APPROVING G A COMMUNITY BENEFIT AGRE M N'T
BETWEEN THE CITY AND ACI SUN O , LLC
Director of Development Services Broughton gave a presentation on the item and staff responded to
questions of the Council.
Theresa Acerro, who also spoke on behalf of Kenn Colclasure, both Chula Vista residents, spoke in
opposition to staff's recommendation.
Bill Hamlin, representing,Ayers Advisors, responded to questions of the Council.
Council discussion ensued.
ACTION: A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to adopt Resolution Na. 20 0-003, as amended to include an annual CPI
increase after 36 months, as agreed by the parties, heading read, text waived.
The motion carried by the following vote:
Yes: a- Diaz, Galvez, McCann, (Padilla and Casillais Salas
INo: 0
Abstain: 0
CITY MANAGER'S REPORTS
. 20-0007 UPDATE ON LEASH-FREE DCG PARK AT MEMORIAL PARK
City /tanager Halbert stated the pilau program had been successful and he recommended keeping the
park leash-free for dogs.
MAYOR'S REPORTS
Mayor C"asillas Salas congratulated the following: Novo Brazil on its second opening in the Ota Ranch
mall, Mueller Elementary School for winning a championship football game, SDG&E for supporting the
teen center with its Giving Back program, Assemblywoman Lorena Gonzalez on the 7th annual baby
supply drive, and the Chula Vista Police ,Department for its holiday areal giveaway. She reported on her
attendance at a ribbon-cutting ceremony for Ceviche Craft and announced an upcoming City of
Champions celebration.
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City Council Meeting Minutes-IDrarft ,January 7,2020
C O NC►ILM M ERS" COMMENTS
Councilmember Padilla extended New Y'ear's greetings to the community.
Deputy Mayor Galvez expressed gratitude to the residents and volunteers of Christmas circle and spoke
regarding the opening theSweetwater Skills Bl"U9X bike park.
Councilmember McCann stated he attended the BMX bike opening and extended New Year's greetings to
the community.
CITY ATTORNEY'S REPCS S
There were none.
City Attorney Coogins announced that item 7 would be continued to a future meeting.
CLOSED SED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of
action taken during Closed Sessions are maintained by the city Attorney.
7. 191-0575 CONFERENCE WITH LEGAL. COUNSEL. REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54955.9
(d)(1),
Name of case: city of Chula vista v. Douglas E. Barnhart, Inc., et al., San
Diego Superior court, case No. 37-2016-010045312-CU-CD-CTL
Item 7 was not discussed and was continued to a future meeting.
ADJOURNMENT
NT
The meeting was adjourned at 6.12 p.m.
Minutes prepared by ,Sheree Kansas, Deputy city clerk
Kerry K. Bigelow, MMC, city clerk
City of Chula vista Page 4
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C® of Chula Vista
Meetinge Minutes -, Draft
Tuesday,January 14,2020 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 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 5:03 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
IP,resent: Councilmember Diaz, Deputy Mayor Galvez, Councilmember McCann, Councilmember
Padilla and Mayor Casillas Salas
Mayor Casillas Salas left the meeting at T-26 p.m.
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. 1191-0576 PRESENTATION OF THE 2019 STARLIGHT PARADE, AWARDS TO
THE WINNING ENTRIES
Deputy Mayor Galvez and Councilmember Diaz gave a presentation and presented the awards.
CONSENT CALENDAR ((terns 1 - 4)
Items 2 and 4 were removed from the Consent Calendar at the request of members of the public.
1. 20-0023 APPROVAL OF MINUTES of June '18 and July 9, 2019.
Recommended Action-. Council approve the minutes.
Item 2 was removed from the Consent Calendar.
City of Chula Vista Page 1
2020-08-25 Agenda Packet, Page 15 of 837
City Council Meeting Minutes-(Draft. January 14,2020
. 19-0579 RESOLUTION NO. 2020-006 OF THE CITY COUNCIL OF THE CITY OF
CF ULA VISTA MODIFYING TISI1= APPENDIX TO THE LOCAL CONFLICT
OF INTEREST CODE TO AMEND THE MANAGEMENT ANALYST
POSITION TO INCLUDE AL.L LEVELS, DELETE THE. POSITION OF
FINANCE AND PURCHASING MANAGER, ANIS ADD THE POSITION
OF FINANCE MANAGER AND SMART TECHNOLOGY OFFICER TO
THE LIST OF OFFICIALS WHO ARE REQUIRED TO FILE PERIODIC
STATEMENTS CSF ECONOMIC INTERESTS
Recommended Action: Council adopt the resolution.
Item 4 was removed from the Consent Calendar..
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Deputy (Mayor
Galvez, to approve staff's recommendations on the above Consent Calendar
items, headings read,text waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: o
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. 191-0513 A. RESOLUTION NO. 2020-004 OF THE CITY COUNCIL OF THE CITY
OF CHULA 'VISTA DESIGNATING AND SETTING AIDE CERTAIN
CITY-OWNED REAL PROPERTY C:U ENTLY KNOWN AS D STREET
WEST OF WOODLAWN AVENUE FOR ARK AND RECREATIONAL
PURPOSES
B. RESOLUTION N NCS. 2020-005 OF THE CITY COUNCIL. OF THE CITY
OF C:HU A VISTA APPROVING THE PARD MASTER PLAN FOR
STREET PARD LOCATED WITHIN A PORTION OF D STREET, WEA
OF WOODLAWN AVENUE, AND THE NAME. PATTY DAVIS PARK
The following members of the public spoke in support of naming the park"Patty Gravis Park".
- Richard D Ascoli, San Diego resident
-Bill Mall, Chula Vista resident
-Isabel ball, Chula Vista resident
-Eric Johnson, representing the Chula Vista Chamber of Commerce
Council discussion ensued..
ACTION: A motion was made by Councilmember Padilla, seconded by Councilmember
Diaz, to adapt Resolution Nos. 2020-004 and 2020-005, as amended to name the
park ''''Patty Davis( Park,' headings read, text waived. The motion carried by the
following vote
"yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas
INo: o
Abstain: o
City of Chula Vida Page 2
2020-08-25 Agenda Packet, gage 16 of 837
City Council Meeting Minutes-IDraft. January 14,2020
4. -0004 ORDINANCE OF THE CITY OF CAH LA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 5.19.050.D 'TO ELIMINATE
ONE-YEAR WAITING PERIOD APPLICABLE TO CERTAIN NEW
CANNABIS BUSINESS LIC NSE APPLICANTS (FIRST READING)
Laura Wilkinson spoke in support of staff"s recommendation.
ACTION: A motion was made by [deputy Mayor Galvez, seconded by Mayor Casillas Salas,
to place the ordinance can first reading, heading i read, text waived. The motion
carried by the following vote:
"Yes: 5.. Diaz, Galvez, McCann, (Padilla and Casillas Salas
No: 0
Abstain: 0
PUBLIC COMMENTS
Terri Ann Skelly spoke in support of a moratorium on flavored tobacco products and distributed written
communications.
Michael Hefner, Chula Vista resident, suggested the City consider building a facility for the homeless.
Kay Bodge, representing Norman Park,senior Venter, requested improvements to the center.
The following spoke in opposition to the Drag ween Story Time program-
-John Moore, San Diego resident,
-Lorena. mbriz, and she spoke on behalf of batt hardy, San Diego resident, and Mary Mayer-Oakes
-Tony Villafranca, and he spoke on behalf of Lois Morena
-Lillie Hebert
-Andrew Wang, representing San Diego Mass Resistance
-Alexandra Motz
-Steve Motz
The following individuals submitted written documentation in opposition to the Drag Queen Story Time
program, and did not wish to speak:
-Ruben Selano, Chula Vista resident
-Noelle Tuning
-Thomas Tuning
-Pastor Hodges, representing South Bay Pentecostal Church
-Anita Landingin
-Gerardo Landingin
-Amado Hu zar, Chula Vista resident
-Trevor Averett
-Robin Thielsen, Chula Vista resident
- 'hella Rubio, Chula Vista resident
-Rodney Buckham, San Diego resident
aneta Encarnacion, Chula Vista resident, spoke in support of the Drag Queen Story Time Program.
Councilmember Padilla addressed comments made under Public Comments.
City of Chula Vista page 3
2020-08-25 Agenda Packet, gage 17 of 837
City Council Meeting Minutes-IDraft. January 14,2+020
ACTION ITEMS
5. 20-0009 RESOLUTION NO. 2020-007 OF THE CITY COUNCIL OF THE CITY OF
CF ULA VISTA APPROVING THE AMENDED MEASURE A PUBLIC
SAFETY EXPENDITURE PAN TO ADD THREE _PEACE OFFICERS
AND ONE POLICE AGENT, AMENDING THE FISCAL YEAR 2020
EXPENDITURE BUDGET FOR TETE MEASURE A SALES TAX FUND
TO FUND SUCH POSITIONS CUT OF MEASURE A AVAILABLE FUN
BALANCE (415 VOTE REQUIRED)
Mayor Casillas Salas announced that only the funding of the police personnel would be considered at that
time and that funding for the Neighborhood Protection Unit would be discussed at a later date.:
Police Captain Collum gave a presentation on the item.
City Attorney Goocgins confirmed the official endorsement of the Measure A COC Subcommittee and
stated there were sic affirmative votes of the eleven seated members.
Fred Rowbotham, representing Chula Vista Police Officers Association spoke in opposition to the original
resolution before the revisions..
Stephen Stenberg, Chula Vista resident, spoke in opposition to funding non-police and fire positions.
Darrell Roberts, representing Chula Vista International Association of Fire Fighters, spoke in support of
additional peace officers.
David Stucky, Chula Vista resident, spoke in support of the revised resolution.
David Martinez, representing Chula Vista Police Officers Association, spoke in support of four additional
police officer positions.
Council discussion ensued..
Anthony Campagna, representing the District Attorney's office, stated the DA's office would work with the
City to address illegal cannabis operations..
ACTION: A motion was made by Counc lmember McCann, seconded by Councilmember
Padilla, to adopt Resolution No. 2020-0+07, as amended to remove reference to
adding positions for the Neighborhood Protection Unlit, heading read, text
waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas
NCS: o
Abstain: 0
City of Chula Vista Page 4
2020-08-25 Agenda Packet, gage 18 of 837
City Council Meeting Minutes-IDraft. January 14,2020
CITY MANAGER'S REPORT'S
There were none.
MAYOR'S REPORTS
6. 20-0019 RATIFICATION N OF APPOINTMENTS TOTHE FOLLOWING:
-J�oycelyn Persichilli, Commission on Aging
-Bernardo Andrade, International Friendship Commission
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Padilla, that the above appointments be ratified. The motion carried by the
following vote.-
Yes:
ote:"Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas
No: 0
Abstain: 0
Mayor Casillas Salas congratulated Ann Moore on being selected Chair of the Port Commission. She
spoke regarding the following events: Tooth birthday celebration for a former Chula Vista Senior Volunteer
Patrol officer, the Holocaust exhibit opening at the Civic Center Library, and the upcoming City of
Champions event.
C O NC►ILIVI M ER,S' COMMENTS
Mayor Casillas Salas left the dais at 7:26 p.m.
Councilmember McCann spoke regarding the following events. the Holocaust exhibit opening, Coffee with
a Cop, the swearing in of,inn Moore as Chair of the Port Commission, and the Sharp Chula Vista Hospital
ribbon-cutting ceremony.
Deputy Mayor Calvez spoke regarding the following events: the Holocaust exhibit opening, a tour of the
Otay Mesa Detention Facility, and the ribbon-cutting ceremony at Sharp Chula Vista Hospital. She
congratulated Ann Moore on her swearing in as Chair of the Port Commission.
Councilmember Padilla extended his congratulations to Ann Moore, and he spoke regarding the Sharp
Hospital dedication and Holocaust exhibit.
CITY ATTORNEY'S REPORTS
There were none.
City of Chula Vida Page
2020-08-25 Agenda Packet, gage 19 of 837
City Council Meeting Minutes-IDraft. January 14,2+020
CLOSED SESSION
City Attorney Gems announced that the Council would convene in closed session to discuss the item
listed below.
Deputy Mayor C'alvez recessed the meeting at Tab p.m. The Council reconvened in Closed Session at
7:40 p.m., with all members present except Mayer Casillas Salas.
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of
action taken during Closed sessions are maintained by the City Attorney.
7. 20.0025 CONFERENCE WITH LEGAL. COUNSEL. REGARDING EXISTING
LITIGATION PURSUANT UANT O GOVERNMENT CODE SECTION
55 .9a)
Jesse Hernandez, et al. v. Jaime Moreno, City of Chula vista, et al.
Case No. 37-2018-000557'04
ACTION: No reportable action.
ADJOURNMENT
SNM NT
The meeting was adjourned at 8.00 p.m.
Minutes prepared by:,Sheree Kansas, Deputy City Clerk
Kerry K. Bigelow, MMC City Clerk
City of Chula Vista Page 6
2020-08-25 Agenda Packet, gage 20 of 837
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August 2 ,2020 File ID: 20-0180
TITS
RESOLUTION OF THE CI'T'Y COUNCIL OF TATE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF
TWO ACTIVE TRANSPORTATION PROGRAM - CYCLE. 5 GRANT APPLICATIONS FOR F STREET PROMENADE
PHASE I FROM BAY BLVD TO, BROADWAY AND BAYSHORE BIKEWAY FROM E STREET TO LAGOON DRIVE
AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECTS
ACTIONRECOMMENDED "
Council adopt the resolution.
SUMMARY
In the interest of obtaining grant funding toward roadway improvement projects,City staff prepared two Z)
applications for the statewide Active Transportation Program -Cycle 5 grant administered by CalTrans and
the California Transportation Commission. The applications are for the F Street Promenade - Phase 1 and
the Bayshore Bikeway-E Street to Lagoon Drive projects. ATP funds are dedicated to projects that encourage
increased use of active modes of transportation.
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 qualifies for a Categorical Exemption pursuant to the
California Environmental Quality .Act State Guidelines Section. 15,301 (Existing Facilities); Section 1.5303
(New Construction or, Conversion of Small Structures); Section. 15304 (Minor Alterations to Land); Section
15183 (Projects Consistent with a Community Plan or Zoning) and Section 150 1(bi)(3)because it creates a
balanced, connected, ,safe, and convenient transportation network designed to serve all users 'via walking,
bilging, public transit, and driving. It can also be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.Further,there is no possibility that the
proposed activity would create cumulative impacts that are significant, and there are no unusual
circumstances that would cause any such significant impacts. "thus, no further environmental review is
required.
DISCUSSION
On May 25, 2020, the California Transportation. Commission (CTC) announced ced th e Active Transportation
Program (STP) - Cycle S Gall for Projects. The purpose of the STP is to increase the roadway usage by all
active modes of transportation,guying preference to areas of high pedestrian and bicycle activity, as well as
1 . 0 0 1 P Ii1
2020-08-25 Agenda Packet, gage 21 of 837
disadvantaged communities. Cycle 5 is expected to include about$440M in ATP funding made up of Federal
funding, State S131 and State Highway Account (SHA) funding. The funding/programming years include the
21/22) 22/23y 23/24 and 24/25 fiscal years.
For ATP-Cycle 5, City staff prepared the F Street Promenade-Phase 1 grant application. City staff utilized
consultant, Chen Ryan and Associates,, to prepare the Bayshore Bikeway - E Street to Lagoon Drive grant
application. It is recommended that the City apply for grant funding of these projects as described below:
Proposed Project 11-. F S'TREE'T PROMENADE-PHASE 1
Project Location:
Overall Project-F Street(Bay Boulevard to Third Avenue)
Phase 1-F Street(Bay Boulevard to Broadway)
Project Description:
The goal of the F1 Street Promenade project is to develop a balanced, connected, safe, and convenient
transportation network designed to serve all users, regardless of their age or ability, that will also provide
multi-modal access (via walking, biking, and transit) to downtown Chula Vista on Third Avenue, the Chula
Vista Civic Center,the E Street'Trolley Station (one block north of study area),and the Chula Vista Bayfront.
The need for the project is identified in the City's General Plan,the Urban Core Specific Plan and the F Street
Promenade Stree,tscape Study(March 2018,):
hitts:,ZZwww,.ch u l�avi sta�ca�.govZd e pa rtm e nts/d eve lo pmeat-services tannin f-street-ma�ste r-PI an,
Proposed improvements include enhancing pedestrian and bicycle facilities by expanding the existing five-
foot wide sidewalk to create a 12'wide multi-use pathway on both sides of the street. 'The project will also
include landscaped and lighted parkways,bulb-outs, new or improved crosswalks and the undergrlounding
of overhead utilities. To provide added space for these improvements, vehicular travel lanes would be
reduced to one lane in each direction. On-street parking will remain,but will be relocated to the area of the
eliminated travel lane closest to the curbline.
Since ATP requires all projects to be completed within four years of being awarded funding, staff
recommends applying for grant funding to cover preliminary engineering, right-of-way, and construction
costs for only Phase 1 of the F Street Promenade project(from Bay Boulevard to Broadway). There will be a
$3,300,000 local match provided by the Utility Underground Program 20A fund,and an additional$,2010,0001
to $300,000 in upfront local match provided by MTS' railroad track removal along F Street in addition to
$100,000 in CIP STM-394.
Total- Estimated Cost: $16)400Y000 (PE, R/W,UUD, CON)
Phase 1- Esti"mated Cost: $8pO8OyOOO (PE,R/W.UUD,CON)
(ATP Contri"bution: $4,480,000/Local Contrl'butl"on: $3,600,000)
P : ge 2
2020-08-25 Agenda Packet, Page 22 of 837
Proposed Project Z Bayshore,Pike way -E Street to Laeoon Drive
Project Location:
MTS Railroad Corridor parallel to and west of Bay Boulevard between E Street and Lagoon Drive
Project Description:
The goal of'the Bayshore Bikeway - E Street to Lagoon Drive project is to provide a critical segment of
bikewayfor the overall Bayshore Bikeway route that continues through Chula Vista along the 24-mile
perimeter of the San Diego Bay. 'This project will install a Class I Separated Bikeway that provides improved
safety for cyclists traveling to and from the City along the Bayshore Bikeway(from National City) and along
the Sweetwater Bike Path (from Bonita). This project will also encourage travel to Chula Vista's Bayfront
and Downtown areas. The need for the project is identified in the City's Bayfront Master Plan,the,Bayshore
Bikeway Master Plan and the Chula Vista Active Transportation Plan.
hitts:,ZZwww,.sandag.or gZupleads ZprojectidZprojec,tid 63 515
hitts:,ZZwww,.chul�avista�ca�.govZdepartmentsZerg gi�ne,eringlactive-trans portaition-pl�a�n
Proposed improvements include enhancing bicycle facilities by providing at least a 12'minimum,to 15'wide
Class I Separated Bikeway along an existing MTS Railroad Corridor approximately 20' to the west of, and
parallel to, Bay Boulevard. Currently, there are no existing bike lanes at the northern portion of Bay
Boulevard at the intersection of E Street. Thepresence of SDG&E Power Poles and major transmission lines
restrict any widening of Bay Boulevard along this corridor. MTS has agreed to the addition of the proposed
bikeway along the railroad corridor, similarly to actions they have approved in Imperial Beach and South
San Diego segments. An agreement is currently being prepared between the City and MTS.
Since ATP requires all projects to be completed within four years of being awarded funding, staff
recommends applying for grant funding to cover preliminary engineering, right-of-way, and construction
costs. There will be an estimated proportionate share of $800,000 local match provided by the WTDIF
(21..0% per the Development Impact Fee Nexus Studies and TrlansNet local transportation sales tax.
Total-Estimated Cost: $4,000,000 (PE,R/W,CON)
(ATP Contribution: $3,200,( 00/Local Contribution: $800,000)
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,0010 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,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
P 3
2020-08-25 Agenda Packet, Page 23 of 837
CURRENT-YEAR FISCAL IMPACT
There is no direct impact to the General Fund. If a grant is awarded, staff will return to Council with a
recommendation to accept and appropriate grant funds.
ONGOING FISCAL IMPAM"
F Street: Upon construction completion, the project will require routine maintenance and landscape
maintenance along the F Street parkway areas and roundabout at Bay Blvd.
Bays ore Bikeway: Upon construction completion, the bike path will be maintained per the Bayshor�e
Bikeway Cooperative Agreement adopted by Council Resolution 9035,dated October 30, 1978. CIPSTM-369
Bike Facilities Gap Project Program is a TransNet funded maintenance project that is currently used for bike
Tacit maintenance citywide,including Bayshore Bikeway.
ATTACHMENT'S
1. F Street Promenade-Phase 1 Exhibit
2. Bayshore B,ikeway- E Street to F Street- Exhibit
Staff Contact.-Francisco X Rivera, Principal Civil Engineer
P 4
2020-08-25 Agenda Packet, Page 24 of 837
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF
C ULA VISTA AUTHORIZING HE SUBMITTAL OF TWO
ACTIVE TRANSPORTATION PROGRAM CYCLE GRANT
APPLICATIONS FOR F STREET PROMENADE PRASE I
FROM BAY BLVD TO BROADWAY ANIS BA SH RE
BIKEWAY FROM E STREET TO LAGOON DRIVE ANIS
STATING THE CITY'S ASSURANCE TO COMPLETE THE
PROJECTS
WHEREAS, on May 25, 2020, the California Transportation Commission (CTC)
announced the Active Transportation.Program (ATP) - Cycle 5 Call for Projects;
WHEREAS, the purpose of the ATP is to increase the roadway usage by all active modes
of transportation, giving preference to areas of high pedestrian and bicycle activity, as well as
disadvantaged communities;
WHEREAS, ATF" Cycle 5 Call for Projects is expected to include about 440M in.
Federal funding, State SB 1, and State Highway Account (SHA) funding; and
WHEREAS, the following infrastructure grant applications will be submitted:
1. F Street Promenade—Phase 1
2. Bayshore Bikeway- F Street to Lagoon Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it authorizes the submittal of the Active Transportation Program — Cycle 5 Grant
Applications for F Street Promenade — Phase I and Bayshore Bikeway - E Street to Lagoon
Drive and states the City's assurance to complete these projects.
Presented by .Approved as to fora b
William S. Valle Glen.R. Googins
Director of Engineering and Capital projects City Attorney
2020-08-25 Agenda Packet, gage 25 of 837
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30 2 0 2 0 8 5"111 A`�Igeffdi Packet Page 26 of 837
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2020-08-25 Agenda Packet 'age 27 of 837
NO
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.1 ,AGEND(,A STNI EM,E,N'T
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CITY OF
14, HULAVISTA
August 2,5,2,020 2,020 Fil ID: 20-0329
" .
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDMENT "TO THE SEWER SERVICE AGREEMENT BETWEEN THE CI'T'Y OF CHULA VISTA ANIS
THE COUNTY OF SAN DIEGO FOR OTAY LAKES COUNTY PARI
R. RESOLUTION F THE CITY COUNCIL OF THE CITY OF CHULA VISTA AU'THORI'ZING THE ISSUANCE
OF AN ENCROACHMENT PERMIT TO THE COUNTY OF SAN DIEGO FOR'THE OTAY LAKES COUNTY
PARK PROJECT
C. RESOLUTION OF THE C'I'TY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LICENSE
AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE OTAY LADES COUNTY PARK PROJECT
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
The Suer Service Agreement for the Otay Lakes County Park is being amended as a request from the
County of San Diego to reflect a revised alignment to the sewer main that will serve the park site. The two
alignment alternatives in the original agreement were determined to be infeasible by consultant
evaluations. The new proposed alignment requires an encroachment permit since the dual sewer force
mains will be constructed) within the public right-,of-way of Wueste Road. In addition, a license agreement
with the County of San Diego is required to allow the County to construct portion of their sewer facilities
within the City owned Chula Vista Elite Athlete Training Center (formerly known as the Olympic Training
Center) to connect to the public sewer.
ENVIRONMENTALI
The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act
State Guidelines Section 1.5303 class 3, (Neve Construction or Conversion of' Small Structures), Section.
15317 Class 17 Open Space Contracts or Easements), Section 15301 Class 1 (Existing Facilities), and
Section 15332 Class 3 (In-Fill Development Projects).
2020-08-25 Agenda Packet, gage 28 of 837
DISCUSSION
On September 25, 2018, the City Council adopted Resolution 2018-198 where it approved the Sewer
Service Agreement Between City of Chula Vista and The County of San Diego For Otay Lakes County Park
("Original Agreement") for the City to provide sewer service to the property located at 2270 Wueste Road,
Chula Vista where it houses the Otay Lakes County Park("Park"). Currently,the Park is serviced by a septic
tank that is ineffective in meeting current and future demands.
In the Original Agreement (Attachment 1), it was stated that the County is going to be responsible for the
design,,construction,and maintenance of a sewer lateral and all other sewer infrastructure to convey sewer
flows from the Park tothe point of connection to the existing Salt Creek Trunk Sewer., In addition, two
alternatives with a slight variation on one of them to the sewer lateral were initially proposed, all within
the Salt Creek Sewer Basin and the Otay Ranch Preserve open space areas (Attachment 1 - Exhibit"R" .
As, work proceeded in the design of the sewer lateral, the County of San Diego's consultant, Michael Baker
International, was hired to prepare a feasibility study of the sewer alignment alternatives. The consultant
presented its findings in the report titled "Otay Lakes County Park Sewer/Septic Feasibility- Study for the
County of San Diego Department of Parks and Recreation,"dated February 7, 2020. The following is a brief
description of each alternative:
• Alternatives 1A and 113, -Offsite force main alignments coupled with common collection system and
lift station improvements and onsite force main to allow the collection and conveyance of sanitary
flows from the Park site northwesterly through the Otay Ranch Preserve to the City of Chula Vista
Salt Creek Interceptor. Alternatives 1A and 1B are refinements of an initial Alternative 1 alignment
that would have required parallel encroachment within the existing San Diego County Water
Authority (SDCWA) Aqueduct right-of-way that traverses the Preserve. Alternatives 1A and 113
eliminate parallel encroachment impact to SDCWA, but were found to require greater
environmental mitigation.
• Alternative 2 - Offsite force main alignment coupled with common collection system and lift station
improvements and onsite force main to allow the collection and conveyance of sanitary flows from
the park site northerly along Wueste Road to a sewer main located within the southerly portion of
the Chula Vista Elite Athlete Training Center (CVEATC). This alternative to provide a 2-1/2 - inch
diameter force main with a redundant parallel one was found to have minimal environmental
impact.
• Alternative 3 - Common collection system improvements including new sewers for conveyance and
discharge of sanitary flows to onsite septic disposal systems. The existing septic tanks or onsite
wastewater treatment systems (OUTS) would need to be updated with supplemental treatment
systems (STS) and upgraded leach fields, in accordance with the County's Local Area Management
Plan (LAMP) requirements,to meet the future onsite wastewater generation needs.
The result of geotechnical borings and percolation testing revealed poor drainage characteristics that
render Alternative 3 unable to meet County requirements for installation of an OWT'S. Therefore,
P a g e 12
2020-08-25 Agenda Packet, Page 29 of 837
Alternative 3 was eliminated from further consideration. Alternatives 1A, 113, and 2 were analyzed based
on: capital costs; permitting and environmental; land/right-of-way/easement requirements and overall
feasibility. Alternative 2 had a higher capital cost over Alternatives 1A and 113, but it was determined that
Alternative 2 would not impact environmentally sensitive areas like Alternative 1A and 1E and would be
easier to construct since the alignment would follow the existing Wueste Road to an existing driveway on
the CVEATC site. For these reasons, the consultant recommended the County to go forward with the
construction of the sewer lateral using Alternative 2., Forte proposed sewer lateral alignment, see
Attachment 2.
It is planned that the sewer lateral will originate at the Park going north along Wueste Road requiring an
encroachment permit for the use of the right-of-way (see Attachment , and turning west to the driveway
of the CVEATC to connect to an existing sewer manhole that links to the Salt Creek Trunk Sewer. Because
the final segment of the sewer lateral will be constructed within the CVEATC,the County will need to enter
into a License Agreement with the City, so they have the right to enter the property for the construction
and later for the maintenance of'their facilities (see Attachment 4).
Per request of the County of San Diego, the Original Agreement is being amended to reflect the revised
alignment through Wueste Road to the CVEATC campus southerly access road and to include the
requirements of an encroachment permit for the use of public right-of-way for Wueste Road and a License
Agreement for the use of portion of the driveway of the CVEATC (Attachment 5).
%_0
Currently, the County has not finished the engineering design for the sewer lateral but has requested that
the City expedite the approval of permits to facilitate the County meeting their aggressive construction
schedule. To accommodate the County's request, city staff'recom mends that City Council: (1) approve the,
changes to the Original Agreement reflected in the First Amendment to the Sewer Service Agreement
between the City of Chula Vista and the County of San Diego for Otay Lakes County Park(Attachment 5); (2)
authorize the City Engineer to issue the encroachment permit; (3) approve the general terms and
conditions, of the proposed License Agreement with the County of San Diego; and authorize the City
Manager (or designee) to finalize and execute the License Agreement and all documents in conjunction
with implementing the License Agreement, including making such changes to the License Agreement and
documents as may be recommended by the City Attorney's Office.
DECISION-MAKER CONFLICT'
Staff has reviewed the property holdings of the City Council members and has found that Councilmember
Padilla has real property holdings within 1,000 feet of the boundaries of the property which is the subject
of this action. However,to the extent that any decision would have a reasonably foreseeable financial effect
on the member's real property, the effect would be nominal, inconsequential, or insignificant.
Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item
does not present a real property-related conflict of interest under the Political Reform Act (Cal. 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.
P a g e 3
2020-08-25 Agenda Packet, Page 30 of 837
CURREN'T-YEAR FISCAL IMPAC IT
There is no direct impact to the General Fund as the County of San Diego has established a deposit account
1. 1-f
to cover staff time for the review and approval of documents related to the project.
ONGOING FISCAL IMPACT
The project and future services provided will have no general fund impact, since the maintenance of the
proposed sewer infrastructure will be done by the County of San Diego. The wastewater fund will be
receiving additional revenues that will be included in future budgets for payment of sewer service to the
County's property.,
AT'TAC14MEN'TS
Attachment 1: Sewer Service Agreement Between City of Chula Vista and County of San Diego for Otay
Lakes County Park
Attachment 2: Proposed Sewer Lateral Alignment to Serve the Otay Lakes County Park
Attachment 3: Proposed Encroachment Permit
Attachment 4: License Agreement
Attachment 5: First Amendment to the Sewer Service Agreement Between City of Chula Vista and County
of San Diego for Otay Lakes County Park
Staff Contact:Sandra Hernandez,Associate Engineer- Wastewater Section
P a g e 4
2020-08-25 Agenda Packet, Page 31 of 837
RESOLUTION N No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA NISTA APPROVING THE FIRST AMENDMENT TO
THE SEWER SERVICE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE COUNTY of SAN DIEGO FOR.
OTAY LAKES COUNTY PARK
WHEREAS, on September 25, 2018, the City Council adopted Resolution 2018-198
approving the Sewer Service Agreement Between City of Chula Vista and The County of San
Diego for otay Lakes County Park ("Original Agreement") for the City to provide sever service
to the property located at 2270 Wueste Road, Chula Vista where it houses the Otay Lakes
County Park ("Park"). Currently, the Park is serviced by a septic tank that is ineffective in
meeting current and future demands;
WHEREAS, in the original. Agreement, it was stated that the County is going to be
responsible for the design, construction, and maintenance of a sewer lateral and all other sever
infrastructure to convey sever flows from. the Park to the paint of connection to the existing Salt
Creek Trunk. Sewer. In addition two alternatives with a slight variatlon on one of tem tot e
trunk sever lateral were proposed, all within the Salt Creek Sever Basin and the Otay Ranch.
Preserve open space areas;
WHERAS, the Sewer Service Agreement for the otay Lakes County Park is being
amended as a request from. the County of Say Diego to reflect a revised alignment to the sever
main that will serve the Park. The two alignment alternatives in the original agreement were
determined to be infeasible by consultant evaluations;
WHEREAS, the revised sever alignment will consist of offsite farce main alignment
ent
coupled with common collection system and lift station improvements and onsite force main to
allow the collection and conveyance of sanitary flows from... the Park site northerly along Wues,te
Road to a sewer main located in the Chula Vista Elite Athlete Training Center CVEATC)
owned by the City. This alternative to provide dual 2-1/2 - incl. diameter farce mains which
provides a redundant parallel one was found to have minimal environmental impact;
WHEREAS, the County of San Diego will be required to obtain a no-fee encroachment
permit for the use of and access to the City's right-of-way through a portion of Wueste Roard in
order to construct and maintain the proposed sever force mains and appurtenances that will be
privately owned by the County;
WHEREAS, the County of San Diego will be required to eater into a License Agreement
with the City to allow the County to construct and maintain the last segment of the proposed
sever infrastructure within the City-owned CVEATC to connect to the public sever system; and
WHEREAS, the First Amendment to the Sever Service Agreement between the City of
Chula Vista and the County of San Diego for otay Lakes County Park will consist of the update
2020-08-25 Agenda Packet, gage 32 of 837
Resolution No.
Page 2
of Exhibit "B" of the Original Agreement to reflect the new proposed alignment. Except as
expressly provided in the First Amendment Agreement, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the First Amendment to the Sewer Service Agreement between the City of Chula
Vista and the County of San Diego for Otay Lakes County Park, in the form presented, with such
minor modifications as may be required or approved by the City Attorney, authorizes and directs
the Mayor to execute the same, and authorizes and directs a final copy of the agreement to be
kept on file in the Office of the City Clerk.
Presented by Approved as, to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
2020-08-25 Agenda Packet, Page 33 of 837
RESOLUTION NO.
RESOLUTION of THE CITY COUNCIL of TIME CITY of
CHOLA VISTA AUTHORIZING THE ISSUANCE E 1 A
ENCROACHMENT T PERM T To THE COUNTY of SAN
DIEGO FOR THE OTAY LAKES COUNTY PARK PROJECT
WHEREAS on September 25, 2018, the City Council adopted Resolution 2018-198
where it approved the Sewer Service Agreement Between City of Chula Vista and The County of
San Diego For Otay :Lakes County Park ("Original Agreement") for the City to provide sewer
service to the property located at 2270 Wueste Road, Chula Vista where it houses the Otay Lakes
County Park "Park."). Currently, the Park is serviced by a septic tank that is ineffective in
meeting current and future demands; and,
WHEREAS, in the Original. Agreement, it was stated that the County is going to be
responsible for the design, construction, and maintenance of a sewer lateral and all other sewer
infrastructure to convey sewer flows from the Parr to the point of connection to the existing Salt
Creek Trunk Sewer. In addition, two alternatives with a slight variation on one of them to the
sewer lateral were proposed, all within the Salt Creek Basin Otay Ranch. Preserve open space
areas; and,
WHEREAS, the Sever Service Agreement for the Otay Lakes County Park is being
amended as a request from the County of San. Diego to reflect a revised alignment to the sewer
main that will serve the park site. The two alignment alternatives in the Original Agreement
were determined to be infeasible by consultant evaluations; and
WHEREAS, the revised sewer alignment will consist of offsite force main alignment
coupled with common collection system and lift station improvements and onsite force main to
allow the collection and conveyance of sanitary flows from. the Park site northerly along Wueste
Road to a sewer main located in the Chula Vista Elite Athlete Training Center (CVEATC)
owned by the City. This alternative to provide dual 2-1 - incl. diameter force mains which
provides a redundant parallel one was found to have minimal environmental impact; and
WHEREAS, Chula Vista Municipal Code section 12.28.020 requires City Council
approval, with limited exceptions, for the placement of a permanent encroachment within the
City's right-of-way; and.,
WHEREAS, Chula Vista Municipal Code section 12.28.060 provides that the County, as
a political. subdivision of the State of California, is not be required to pay a fee for an
encroachment permit issued pursuant to Chula Vista Municipal Code Chapter 12.28; and
WHEREAS, the County of San Diego will be required to obtain a no-fee encroachment
permit for the use of and access to the City's right-of-way trough a portion of Wueste Roard in
order to construct and maintain the proposed sewer force mains and appurtenances that will be
privately owned by the County;
2020-08-25 Agenda Packet, gage 34 of 837
Resolution No.
Page 2
WHEREAS, the County of San Diego will be required to enter into a License Agreement
with the City to allow the County to construct and maintain the last segment of the proposed
sewer infrastructure within the City-owned CVEATC to connect to the public sewer system; and
WHEREAS, the Permit for Encroachment in City Right-of-Way Number PE20-0114 has
been assigned for the work; and
WHEREAS, the County has not finished the engineering design for the sewer lateral but
has requested to the City to expedite the approval of permits to facilitate the County meeting
their aggressive construction schedule-, and
WHEREAS, to accommodate the County's request, City staff recommends that the City
Council authorize the City Engineer to issue the encroachment permit.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
that it authorizes the City Engineer to approve and issue Encroachment Permit No. E20-0114 to
the County of San Diego for encroachment into a portion of Wueste Road subject to those
conditions contained within the permit.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
2020-08-25 Agenda Packet, Page 35 of 837
RESOLUTION NO.
RESOLUTION of THE CITY COUNCIL of TIME CITY of
CHOLA VISTA APPROVING A LICENSE AGREEMENT
T
WITH TIME COUNTY of SAN DIEGO FOR TIME OTAY
LAKES COUNTY PARK PROJECT
WHEREAS, on September 25, 2018, the City Council adopted Resolution 2018-198
where it approved the Sewer Service Agreement Between City of Chula Nista and The County of
San Diego For otay Lakes County Park ("Original Agreement") for the City to provide sewer
service to the property located at 2270 Wueste Road, Chula Vista where it houses the otay Lakes
County Park ("Park"). Currently, the Park is serviced by a septic tank that is ineffective in.
meeting current and future demands;
WHEREAS, in the original Agreement, it was stated that the County is going to be
responsible for the design, construction, and maintenance of a sewer lateral and all other sewer
infrastructure to convey sewer flows from the Park to the paint of connection to the existing Salt
Creek Trunk Sever. In addition, two alternatives with a slight variation on one of them to the
sewer lateral were proposed, all within the Salt Creek. Basin otay Ranch. Preserve open space
areas;
WHEREAS, the Sewer Service Agreement for the otay Lakes County bark is being
amended as a request from the County of San Diego to reflect a revised alignment to the sewer
main that will serve the park site. The two alignment alternatives in the Original Agreement
were determined to be infeasible by consultant evaluations;
WHEREAS, the revised sewer alignment will consist of offsite force main alignment
coupled with common collection system and lift station improvements and onsite force main to
allow the collection and conveyance of sanitary flows from the Park site northerly along Wueste
Road to a suer main located in the Chula. Vista Elite Athlete Training Center (CVEATC)
owned by the City. This alterative to provide dual. 2-1/2 - inch diameter force mains which
provides a redundant parallel one was found to have minimal environmental impact;
WHEREAS, the County of San Diego will be required to obtain a no-fee encroachment
permit for the use of and access to the City's right-of-way through a portion of Wueste Roard in
order to construct and maintain the proposed severer force mains and appurtenances that will be
privately owned by the County;
WHEREAS, the County of San Diego will be required to eater into a License Agreement
with the City to allow the County to construct and maintain the last segment of the proposed
sewer infrastructure within the City-owned CVEATC to connect to the public sewer system; and
WHEREAS, the County has not finished the engineering design for the sever lateral but
has requested to the City to expedite the approval of permits to facilitate the County meeting
their aggressive construction schedule;
2020-08-25 Agenda Packet, gage 36 of 837
Resolution No
Page 2
WHEREAS, to accommodate the County's request, City staff recommends that the City
Council approve the proposed License Agreement with the County of San Diego; and
WHEREAS, under the License Agreement, the County of San Diego would be solely
responsible for all costs associated with the installation and maintenance of their sewer facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the License Agreement between the City of Chula Vista and the County of San
Diego, in the form presented, with such modifications as may be required or approved by the
City Attorney, authorizes the City Manager or designee to negotiate such further minor
modifications as necessary to finalize the agreement, authorizes the City Manager or designee to
execute the final agreement on a form approved by the City Attorney, and authorizes and directs
a copy of the final agreement to be kept on file in the Office of the City Clerk.
Presented by Approved as to form by
William S. Valle Glen R. Goo ins
Director of Engineering & Capital Projects City Attorney
2020-08-25 Agenda Packet, Page 37 of 837
................................
ICE..................... GP
BETWEENTHE..................................................................................................................................................................................................
CITY OF C STA AND THE COUNTY OF SAN DIIEGO
FOR o A LA S COUNTY PARK
This Agreement to provide replacement sewer services, (Agreement) for
Otay Lakes County Park is made by and between the City of Chula Vista, a municipal
corporation(City), and the County of San Diego, a political subdivision of the State of California
(County). City and County are referred to individually as "Party" and collectively as "Parties."
RECITALS
A. County owns and operates an approximately 78 acre park located 'immediately
adjacent to the City's boundaries commonly referred to as Otay Lakes County Park, 2270
Wueste Road, Chula Vista, Californi a, as more specifically 'Identified on Exhibit A hetero (Park);
and
B. County currently provides, sewer service at restrooms, a ranger station and
recreational vehicle host facilities using a septic system and has plans to establish a small
recreational campground at this site for a total site wastewater discharge of approximately
twenty-five(25) equivalent dwelling units-, and City owns and operates a sewer system with
nearby main lines as depicted on the map attached hereto as Exhib it B that can provide sewer
service in place of the existing septic system; and
C. City is willing and able to receive,transport, treat and dispose of sewage
generated at the Park and County is willing to, receive this service in place of the exi sting septic
system subject the certain terms and conditions as,are more fully set forth below.
AGREEMENT
NOW, THEREFORE 5 m consideration of these recitals and the mutual obligations and
covenants contained herein,the Parties,mutually agree as follows-.
ARTICLE I - SEWER SERVICE
1.1 Sewer Se*ce.The City shall receive,,transport, treat and dispose of all sewage generated by
the P ark and delivered to the City m accordance with.this Agreement.
1.1.1 Service Area. Only the Park property identified *in Exhibit A is allowed to send
sewage to the City for transport,treatment and disposal.
1.1.2 Changes to S ervice Area.Notw ithstanding Section 1.1.1, at the VM*ften request of
County,the City may, at City's discretion,administratively update Exhibit A to add,
delete, or exchange property included within the boundan*es of the Park. Any
administrative update made by City shall strictly comply with the capacity limitations
outlined in section 1.1.3. Only property dedicated to and used for park purposes may be
served by City pursuant to this Agreement.
2020-08-25 Ag;
)0 k m Yt 38 of 837
..............................................................................................................................
1.1.3 Cgpacijy Limitations. County may discharge up to twenty-five(25) equivalent
dwelling units of wastewater generated from the Park into the City's sewer main
("County Limit"). County all not allow flows into the City's sewer main that exceed
the County Limit without obtaining City's prior written consent. The County Limit may
be increased only by written agreement of the Parties.
1.1.4 Notice For Future Im-provements. The County shall notify the City of the
installation of any future improvements not listed in Recital B which will result in an
increase in sewage generated by the Park regardless of whether such improvements will
i I
cause flows from the Park to exceed the County Limit.
1.1.5 Point of DelivM. County shall deliver sewage generated at the Park to the existing
City sewer main commonly known as, Salt Creek Trunk Sewer, as more particularly
shown *in Exhibit B. County shall allow the City access to County's facilities immediately
upstream of this connection to sample or meter the flow from County.
1.1.6 Monito * . If at any tiune during the to of the Agreement it is deemed
necessary or desirable by City to measure all or a portion of the flow from County,the
City shall make written demand on county that County install any and all meters as City
deems necessary or desirable. County shall install, at its sole expense, all such meters at
locations specified by the City by no later than ninety(90) days after receipt of City's
demand. County shall be responsible to operate, maintain,manage, and control all flow
monitoring devices installed to monitor its flows into the City's sewer main in an
efficient and economical manner and to preserve them *in good repair and working order,
all in accordance with recognized and sound engineering practices. County shall make
all flow data information available to City.
1.1.7 No Limitation on Municipal Powers. City has sole discretion to determine how to
operate the City's sewer main and sewerage system. Nothing in this Agreement shall be
construed as precluding or limiting City from taking any action reasonably necessary to
prevent flow form County that endangers the health, safety, or welfare of the residents of
the City.
1.2 Colmfewer System fear County is responsible r operating and maintaining any sewer lines
and appurtenant facilities that connect facilities in the Park to the City's sewer main. The sewer
line connecting Park facilities to the City's sewer main shall be eight-inches in diameter and be
deemed a sewer lateral within the meaning of the City's Sewer Lateral Policy, Policy 570-01,
dated June 3, 2014. County shall be solely responsible for all of its pipes and other sewer
infrastructure in and serving the Park and maintaining a proper and working connection to the
City's sewer main.
1.2.1 Desi gLi and Construction Standards. County shall be responsible to design,
construct, and maintam* the sewer lateral and all other sewer infrastructure to convey
sewer flows from the Park to the point of connection with City's sewer main in.a manner
2
2020-08-25 Agenda Packet, Page 39 of 837
...............................................
that meets or exceeds all applicable requirements in City ordinances,resolutions, rules,
standards, and policies, and any applicable laws,regulations, and standards of the State of
California and United States of America. County shall install a property line clean-out or
manhole to allow for regular cleaning,and *inspection of the sewer lateral co nnectm" g the
Park to the City's main line. County will provide a copy of the design of the sewer
lateral to the City for review and conunent before connecting the Park to the City's sewer
main. City shall not unreasonably condition or delay approval of the connection of the
sewer lateral to the City's main line. The City may charge County for reasonable plan
check, administration, and inspection fees,in connection with the construction of the
sewer lateral in addition to any other fees required by this,Agreement.
1.2.2 CoMpliance with Cily, Federal and State Requirements. County shall not permit
the discharge of any sewage, waste,pollutant, or excessive inflow or infiltration into the
City's sewer main that is prohibited by City ordinances,resolutions,rules, standards, or
policies,, any laws or regulations of the United States of America or the State of
California, *including without limitation anyregulations,that maybe adopted by the
Environmental Protection Agency, State Water Resources Control Board, or such other
agencies as may now or in the future be responsible for regulating the transport and
disposal of wastewater from the Park.Inflo�w or infiltration is considered excessive when
the flow from the Park in any 24 hour period during or after a ram' event exceeds twice
the typical dry weather flow. County acknowledges and agrees that it is aware of City's
obligations under its Regional Wastewater Disposal Agreement and that County shall not
discharge sewage into the City's sewer main in a manner that would cause City to violate
the Reional Wastewater Disposal Agreement.
91
1.2.3 Diversion Prohibited. The diversion of any rainwater, storm water, groundwater
(other than unintentional infiltration),foundation drainage, drainage from any outside
surface such as streets, driveways,roofs, and yards, and any drainage from pools or
ponds into the sewer system *in the Park is strictly prohibited. Such diversion
may result *in termination of this Agreement for default under section 3.2 at the City's
sole discretion.
ARTICLE II- COMPENSATION
2.1 CoLapensation. County shall pay the City the followm* g as compensation for the City
ding sewer service:
s, * 16
providing
2.1.1 Sewer C,ap,acily Char e. Prior to connecting to the City's sewer main, County shall
pay the City the total sewer capacity fee Me effect at the time of connection. County
acknowledges and agrees that capacity fees are not refundable, even upon termination of
this Agreement. '
2.1.2 Service Charge. County shall pay the City a sewer service charge at the City's rate
in effect at the time of each billing.
3
2020-08-25 Agenda Packet, Page 40 of 837
.......................................................................................................................... ..........._w,µ„ ............. ................W-.-.............
2.1.3 6fs. Ii fhe"', -ifif-e"............n.............t......................o,f S',..............A............r,f-i"6-1........e...............fh'a"t,...............C,................o'u-n-.............t.............y.....................p................'a............y...............t.............h..............e......................s'a"................m.................e.....................r.............a..........t e...............f.......o, ...................s..............e...........w-.........pµ,r-.........................................................................................................................................................................................
service to the Park as if the Park was located within the City. The capacity fee and sewer
service charge are subject to change by the City.
ARTICLE III—TERM
3.1 'Term. This Agreement shall become,effective upon the date of the last signatory hereto, and
shall continue without expiration, unless,terminated earlier pursuant to this Article.
3.2'Termination for Default. The City mermin
ay tate this Agreement for default if County
fails to timely or adequately perform any obligation required by this Agreement, and does not
cure such default wiffiin thirty(30) days of written notice from the City.
0
3.3 Te 'nation for Convenience. County may to this Agreement for its convenience at
any time after the effective date of this,Agreement. For termination to become effective,
County must provide the City with thirty(3 0) days advance wn*ften notice,pay any disputed
amounts due the City under Article II, and disconnect and cap the connection with the City's
sewer main in a manner acceptable to the City in.the City's, sole discretion. Upon termination for
convenience, County shall be solely responsible for providing sewer service to the Park.
ARTICLE IV- INDEMNITY
4.1 In addition to any otherm" demnity, defense, and hold harmless obligations of County as
provided in this Agreement, County shall defend, indemnify, and hold harmless City, its
officials,officers, employees, and agents, ("City Parties") from all claims,liability, damages,
enforcement actions,penalties, fines, and judgments (collectively, "Clai-Ins") for m' Jury or
damage to any person(including death) or property arising from or out of any act or orm'ssion of
County, its Supervisors, members, agents, officers, employees, or contractors ("County Parties")
arising out of or *in connection with this Agreement,including those ansiniz out of,related to or
in connection with: (a) sanitary sewer overflows from the County sewer system including,but
not limited to, fines or penalties that may be assessed by the Regional Water Quality Control
Board or the Federal Environmental Protection Agency; (b) disconnecting and capping the
connection with the City's sewer main; (c) County's failure to obtain any required review or
approval from the San Diego Local Agency Formation Commission(LAFCO); (d) any action
brought to challenge City's or County's approval of this Agreement without first obtaining
LAFCO approval; and(e) County's failure to perform or comply with any obligation,
representation, or warranty under this Agreement.
County's obligation to defend,hold harmless, and indemnify the City shall survive the
terrr m* ation and expiration of this,Agreement, and continue so long as a viable claim exists.
ARTICLE V- GENERAL PROVISIONS
5.1 ,Customer Service. County is solely responsible for responding to complaints of sewer odors,
S SOS,, and other sewer service issues for all of County's facilities serving the Park.
4
2020-08-25 Agenda Packet, Page 41 of 837
5.2'Successors and As m'
This Agreement and all rights and obligations contained here
shall be in effect whether or not any or,all Parties to this Agreement have been succeeded by
another entity, and all rights and obligations of the Parties signatory to this Agreement shall be
vested and binding on their successors in interest. Notwithstanding the foregoing,only a public
agency providing recreational services, at the Park may succeed to City services pursuant to this
Agreement.
5.3 Notices. Any notice to be given or other document to be delivered by any Party to the other
Party may be delivered in person, or may be deposited in the United States mail in the State of
California,with postage prepaid, or by Federal Express or other similar overnight delivery
service or by facsfim*le transmission anct addressed to the Party for who intended:
To City: To County:
Director,Engineering& Capital Projects Director,Department of Parks &Recreation
City of Chula Vista County of San Diego
276 Fourth Avenue 5500 Overland Avenue
Chula Vista,, CA 91910 San Diego, CA 92123
The Parties my from time to time change the person or address for providing notice,by
pro *ding notice of the change to the other Party in the manner provided for by this Section.
vi 9
5. aeyerability. If, any provision of this Agreement is held by a court of competent juriMiction
to be invalid,void or unenforceable,the remaining provisions shall,nevertheless,, continue in full
force and effect without being impaired or invalidated m* any way, except to the extent that
enforcement of this Agreement without the 'invalidated provision would materially and adversely
frustrate the purpose or intent of this Agreement.
5.5 Irate retation. This Agreement is entered into, and shall be construed and interpreted in
accordance with the laws of the State of Caliform'a. This Agreement shall be construed without
regard to any presumption or other rule requm* *_ng1 construction against the Party causing this
Agreement to be drafted.
5.6 Limitation on Powers.Nothing 'in this Agreement shall be construed as a limitation upon the
powers of City as a chartered City of the! State of Californi*a.
5.7 Assigglnent.Neither party shall assign this Agreement, in whole nor in part, without the
prior written consent of the other party, which shall not be unreasonably withheld.
5.8 Waiver.No breach of any provision hereof can be waived unless M* writing. Waiver of any
breach of any provision hereof shall not be deemed to be a waiver of any other breach of the
same or any other provision hereof.
5.9 LAFCO. County shall be solely responsible for obtaining any required review and approvals
from the San Diego Local Agency Formation CornInission(LAFCO) for the Parties to enter into
this Agreement and for City to provide the services contemplated in this Agreement.
5
2020-08-25 Agenda Packet, Page 42 of 837
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5.10 A eptance
Approval. Whenever this Agreement requires approval, consent, accept 7 or
determinations of a Party, such approval, consent, acceptance, or determination shall not be
unreasonably withheld, delayed, or conditioned unless otherwise specified in this Agreement.
5.11 Force,Maw. In the event the performance of a Party is interrupted or delayed due to
causes which are outside the control ofthe Parties and their agents, and could not be avoided by
0,
the exercise of due care, which may include,but are not limited to,war,terrorist attack, act of
God, government regulations, labor disputes, strikes, fires, or floods,the Party will be entitled to
an extension in time of performance equi 0 valent to the length of delay.
5.12 Inco oration of Exhibits and Recitals. All exhibits referenced M' this Agreement and all
recitals are incorporated herein by reference.
eci
5.13 Third Party Beneficiaries.Nothing in this Agreement shall grant rights or benefits to anyone
other than the City and County, and any alleged third party beneficiaries are hereby expressly
disclaimed.
5.14 to ration. This Agreement and its, exhibits contains the entire understanding between all
the Parties relating to this transaction, and all prior or contemporaneous agreements.,
understandings,representations and statements,, oral or written, are merged herein and shall be of
no further force or effect. Any subsequent amendments to this Agreement must be mutually
agreed upon and executed by the authorized representatives of the Parties in writing.Verbal
modifications shall have no effect.
5.15 CountgM,arts. This Agreement may be executed in multiple counterparts,which when taken
together shall constitute a single signed original as though all Parties had executed the same
page.
IN WITNESS WHEREOF, the Agreement is executed by the City of Chula Vista, acting by and
through and by the County through its authorized officer.
County of San Diego City of Chula Vista
�00
By:
Name: RQj.-64iP Aj o Mary Cas. as Salas, Mayor
Date: 1 9 Ifel Date:
Approved as to form Approved as to form
and legality and legal'
By: C. •
B: . 00fl
Thomas L. Bosworth, Sr. Deputy blen6o'ogm" s,"City Attorney
Office of County Counsel Office of the City Attorney
County of San Diego City of Chula Vista
ATTEST:
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Department of Pumhasing and Cankadft
REPRSENTATIONS AND CERTIFICATIONS
'he following representations and certifications are to be cornpleted,,ailglned and returned with the offer(the term"offer"includes a bid,proposal, quote,
tatement of qualifications,or any other submission to provide goads and/or services).
_1. 5 ss.sµ.,�w""I'' .n.����.-�-...µµwuu-W.Iµµµµoµ. ..a . ...µµµ.e. „. „ .,.....µ ...µ,,„.... ..ow... ....µ..m,...a........µ µ.......o.w.µ .,m,............................_„..m„ __..� ., ........µµµ..o...m,m,o„ ,m......
For-profit ® Non-profit +government 4.2.3 Are presently the target or subject of any investigation,
2. INTERLOCKING DIRECTORATE accusation or charges by any federal, state or local
In accordance with Board of Supervisors Policy A-79, if Offerer is agency or law enforcement, licensing, certification, ethics,
a non-profit and will be subcontracting with a related for-profit or compliance body,
entity where an interlocking directorate, management or ownership 4.2.4 Are proposed for debarment by any state,local, or federal
relationship exists, Offeror roust list all such entityies on an department or agency.
attached separate sheet, and authorization must be sought from 4.2.5 If Offeror is unable to certify Sections 4.2.1,4.2.21 4.2.3,or
Board of Supervisors.If Offeror is a non-profit and does not submit 4.2.4, it certifies that it has disclosed and attached to this
,such a list, Offeror certifies it has not entered into a subcontract Representations and Certifications the reason(s)it cannot
relationship with a related for-profit entity. do so.The disclosure roust include the Sections), specific
List Attached?Yes El relevant facts including dates, contracts, individuals
. BUSINESS REPRESENTATION involved, status of actions, and any other relevant
Offeror represents as a part of this offer the following information information that prevent it from making the requested
regarding the ownership,operation,and control of its business: certification (s).The County reserves the right to disqualify
.1. Are you a local business with a physical! ddress within an Offeror based upon information disclosed.
the County of San Diego" 0 Yes No Disclosure Attached?Yes []
.2. Are you certified by the State of California as a: . RELATED WORK
El Disabled Veteran Business Enterprise IDVBE Offeror certifies to the best of its knowledge. e that, other than as
Certification disclosed in an attachediseparate sheet, t and its proposed
El I rectors, agents, and consultants have not previously
Small Business Enterprise SBE w . w
subcontractors,
contracted with the County to perform work can or related to this project
Certification (e.g. preparing related studies or recommendations, components of
.
. . Are you certified by the U.S.Crept Of Veterans'Affairs,as the statement of work,or plans and specifications).
Veteran Owned Small Business(VOSB)i Disclosure Attached?Yes 0
Certification # 6. CURRENT COST OR PRICING
Service Disabled Veteran Owned Small Business Offeror certifies to the best of its knowledge that cost and/or pricing
cS VO data submitted with this offer,or specifically identified by reference
Certification# if actual submission of the data is impracticable, are accurate,
3.4. Estimated percentage of work in this offer to be performed complete,and current as of the date signed below.
or fulfilled locally(within the geographic boundaries,of the 7. INDEPENDENT PRICING
County of San Diego). % Offeror certifies that in relation to this offer:
4. DEBARMENT,SUSPENSION,AND RELATED MATTERS 7.1.The prices in this offer have been arrived at independently,
4.1. Offeror certifies to the best of its knowledge that neither it nor without consultation, communication, or agreement, for the
any of its officers: purpose of restricting competition, as to any matter relating to
4.1.1. Are presently debarred,suspended,declared ineligible, such prices with other offerors, with any competitors, or with
or voluntarily excluded from covered) transactions by any County employee(s) or consultant(s) involved in this or
any state,local,or federal department or agency. related procurements;
4.1.2. Have within a three 3) year period) preceding this 7.2. Unless otherwise required by law, the prices that have been
agreement been convicted of or had a civil judgment quoted in this offer have not been knowingly disclosed by the
rendered against them for commission of fraud or Offeror and will not knowingly be disclosed by the Offeror prior
criminal offense in connection with obtaining, to opening, in the case of a bid, or prier to award, in the case
attempting to obtain, or performing a plublic (federal, of a proposal, directly or indirectly to any other Offeror or to
state, or local) transaction or contract under a public any competitor or with any County employee(s) or
transaction; violation of federal or state antitrust colnsultants involved in this or related procurements,and
statutes, or commission of embezzlement, theft, 7.,3. No attempt has been made or will be made by the Offeror to
forgery, bribery, falsification or destruction of records, induce any other person or firm to submit or not to submit an
making false statements,or receiving stollen property; offer for the purpose of restricting competition.
4.2. Except as allowed for in ;Section 4.2.5, Offeror hereby E. ADDITIONAL DISCLOSURES
certifies to the best of its knowledge that neither it nor any of Offeror shall report in writing to the County Department of Purchasing
its officers: and Contracting within five business days of discovering or having
4.2.1 Are presently indicted for or otherwise criminally or any reason to suspect any change in status as certified in the
civilly charged by a government entity(federal,,state, or preceding paragraphs. Upon County's request, Offeror shall provide
local) with the commission of any of the offenses additional information supporting Offeror's Representations and
enumerated in paragraph 4.1.2 of this certification; Certifications.Offeror's obligations under this Section 8 shall continue
4.2.2 Have within a three c3 year period preceding this until Offeror is no longer under consideration for award of a contract,
agreement had one or more public transactions or until termination or expiration of any resulting contract(s).
(federal, state or local)terminated for cause or default;
CERTIFICATION
The information furnished in paragraphs 1 through B and in,the accompanying offer is certifie to be ctu an c act as of the date submitted
and is ce 'fi ation is mde under penalty of perjury under the laws of the State of Cali
W
Name: I CwAl V6.1 le Signature:
.
Title: i'LLeLe ��m ,� � f :.
Date:
Co an Or anization. 6L .
•
'J C4'xl C
2AYWT A A F "ftm DIRECTED IN THE,REQUEST FOR SOLICITATION DOCUMENTS OR WITH THEC?9fAft 7
Revised 05-02-17
FIN
GIS
Exhibit B Otay Lakes County Park
Legend
Parcels
1 15,862
Notes
0.5 0 0.25 0.5 Miles
..................................... This map is a user generated static output from an Internet mapping site and
is for�reference only.Data layers that appear on this map may or may not be
WGS-1 984—Web—�Mercato�r—Auxiliary_Sp�here accurate,current,or otherwise reliable.
Departm%y6%bl' VVorks THIS MAP IS NOT TO RE USED FOR NAVIGATION
-Y5 Agenda Pack,%It Page 47 of 837
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista.,CA 91912
[X] This document benefits Permittee.
Recordingfie required.
T His space Tor Recorcler,s use,onTy)
C.V. File No. 0710-40-PE20-0114
Affects Assessor's Parcel No(s) 644-100-1900
PERMIT FOR ENCROACHMENT IN CITY RIGHT-OF-WAY (PE20-0114)
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code,permission is hereby granted by the City of
Chula Vista(hereinafter "'City") to: County of San Diego, a political subdivision of the State of California
(hereinafter "Permittee") whose mailing address is 5500 Overland Avenue, San Diego, CA 92123, to do
work within a portion of City's right-of-way.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall
run with the land. All conditions apply to Permittee and all his/her/their heirs, assigns, successors or
transferees.
Whereas, the Permittee has requested, permission from City to encroach on said City's easement or City
property adjacent to and for the direct benefit of the following described property:
ADDRESS.- 2270 Wueste Road, Chula Vista,CA 91915
LEGAL DESCRIPTION: See Exhibit "A", Legal Description, attached hereto and by reference
made a part hereof.
PERMISSION IS HEREBY GRANTED to do the following work:
The construction and maintenance of a 2-1/2, —inch diameter force main with a redundant parallel
alignment coupled with common collection system and lift station improvements and onsite force
main to allow the collection and conveyance of sanitary flows from the Otay Lakes County Park site
northerly along Wueste Road to a sewer main located in the Chula Vista Elite Athlete Training
Center (CVEATC)�. In accordance with attached Exhibit "'B" attached hereto, and incorporated
herein by thi's reference.
(hereinafter"Encroachment")
Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the
parties hereto agree as follows:
City hereby grants pen-nission to Permittee for the above-mentioned Encroachment on the City Property at
the location specified in accordance with the following terms and conditions:
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2020-08-25 Agenda Packet, Page 48 of 837