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HomeMy WebLinkAbout2022/01/18 Post-Meeting Agenda Package REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:January 18, 2022, 5:00 p.m. Location:Virtual, Via Teleconference View Meeting Live: chulavistaca.gov/councilmeetings ׀ YouTube: https://youtu.be/fN9mfIuiX7o I AT&T U-verse channel 99 (San Diego County) ׀ Cox channel 24 (Chula Vista) Welcome to Your City Council Meeting PURSUANT TO THE BROWN ACT AND CITY COUNCIL RESOLUTION NO. 2022-009, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE AND THE PUBLIC MAY ACCESS THE MEETING ONLINE OR VIA TELEVISION AND MAY SUBMIT LIVE eCOMMENTS ONLINE. COUNCIL CHAMBERS WILL BE CLOSED AND NO IN PERSON MEETING WILL OCCUR. HOW TO WATCH: Please note that there are multiple ways to watch the meeting. In the event one viewing option is not available, you may watch the meeting via an alternative viewing option. Watch the meeting via livestream at either chulavistaca.gov/councilmeetings or via YouTube at https://youtu.be/fN9mfIuiX7o. Watch the meeting on television on AT&T U-verse channel 99 (San Diego County) or on Cox channel 24 (Chula Vista). Recorded also meetings are available on the City's website. HOW TO COMMENT: Submit comments at: chulavistaca.gov/councilmeetings. Find the meeting you wish to comment on and select "Open for Comments." Comments must be received prior to the time the Mayor calls for the close of the commenting period. Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit a comment, please contact the Office of the City Clerk for assistance at cityclerk@chulavistaca.gov or (619) 691-5041. ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. UNDERSTANDING THE AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items on the Consent Calendar are considered for approval at the same time by with a single vote. Before the vote, the Mayor asks if anyone is interested in removing items for discussion. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed following the vote on the remaining Consent Calendar items. PUBLIC COMMENT item provides the public with an opportunity to address the Council on any matter within the jurisdiction of the Council but not on the agenda. In compliance with the Brown Act, the Council may not take action on any matter presented that is not on the listed on the agenda. The public can comment on agenda items during the public hearing or public testimony phase before action is taken by the Council on that particular item. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor will ask for public testimony. The hearing is closed, and the City Council may discuss and take action on the item. ACTION ITEMS are those items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and usually go into effect on the date of passage. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the date of final passage. PROCLAMATIONS may be issued by the City to honor significant achievements by a community member, highlight an event taking place in the City, promote awareness of issues affecting the community, and to recognize City employees. 2022/01/18 City Council Post Agenda Page 2 of 415 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.6) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration RECOMMENDED ACTION: Council approve the recommended action on the below consent calendar items. 4.1.Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 4.2.Consideration of Request for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 4.3.Ambulance Transport System Purchase: Approve the Purchase of Two (2) Additional Ambulances and Required Outfitting 9 Report Number: 22-0027 Location: No specific geographic location Department: Fire Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt the resolutions to purchase two (2) additional ambulances through Republic EVS, and purchase required outfitting from Stryker Gurney Systems and Motorola for necessary ambulance outfitting. 4.4.Engine Purchase: Approval of the purchase of two (2) Pierce Engine Pumper Apparatuses through Measure P 30 Report Number: 22-0028 Location: No Specific Geographical Location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. 2022/01/18 City Council Post Agenda Page 3 of 415 RECOMMENDED ACTION: Adopt a resolution approving the purchase of two (2) Pierce Engine Pumper Apparatuses in compliance with the Measure P Expenditure Plan. 4.5.Park Master Plan Approval: Approval of the Park Master Plan for the 2.8-acre Town Square Park (Lots B and C) in Otay Ranch Village 8 West and the name “Central Square Park” 36 Report Number: 22-0016 Location: Town Square Park (Lots B & C) located between La Media Parkway North and La Media Parkway South Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report (FEIR 10-03) - SCH #2010062093 for the Otay Ranch Village 8 West Sectional Planning Area (“SPA”) Plan. RECOMMENDED ACTION: Adopt a resolution approving the Park Master Plan for the 2.8-acre Town Square Park in Otay Ranch Village 8 West and the name “Central Square Park.” 4.6.Contract Award: Preparation of a Storm Water Management & Drainage Funding Report with SCI Consulting Group 88 Report Number: 21-0228 Location: No specific geographic location Department: Engineering Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution awarding a contract to SCI Consulting Group to provide professional services for the preparation of a Storm Water Management & Drainage Funding Report. 5.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. *5.1.Public Comments Received for 1/18/2022 112 6.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 2022/01/18 City Council Post Agenda Page 4 of 415 6.1.Public Hearing to Accept and File an Economic Development Subsidy Report Pursuant to Government Code Section 53083 for Sunroad BCV Holding to Construct a BMW Auto Dealership Report Number: 21-0239 Location: 3.85 acres of vacant real property located south of Main Street, east of Brandywine Avenue, and west of Maxwell Road. Department: Economic Development Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration IS-02-010 for the Chula Vista Auto Park East Specific Plan. RECOMMENDED ACTION: This public hearing has been cancelled and will be re-noticed for a future date. 6.2.Vacation of Land: A Portion of Marina Parkway and a Portion of G Street as Part of the Bayfront Development Report Number: 21-0241 Location: Portions of the existing Marina Pkwy. and G St. Department: Economic Development Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report UPD#83356-EIR-658; SCH No. 2005081077 for the Chula Vista Bayfront Master Plan. RECOMMENDED ACTION: Continue the item to 3/8/2022. *6.3.Sunbow II Land Use Amendments: Amendments to the General Plan, the Sunbow II General Development Plan, and the Sunbow II Sectional Planning Area Plan to Rezone an Existing Vacant Parcel from Industrial to Residential Use Resulting in 718 New Units 116 Report Number: 22-0050 Location: Sunbow, Southeast corner of Brandywine Avenue and Olympic Parkway Department: Development Services Environmental Notice: Environmental Impact Report (EIR20-0002) has been prepared. 2022/01/18 City Council Post Agenda Page 5 of 415 RECOMMENDED ACTION: Conduct a public hearing and consider adopting: Resolution making certain findings of fact; adopting a Statement of Overriding Considerations; adopting a Mitigation Monitoring and Reporting Program and certifying the Final Environmental Impact Report (EIR-20-0002; SCH No. 2020110148) for the Sunbow II, Phase 3 Sectional Planning Area Plan, Sunbow II General Development Plan Amendment and Tentative Map pursuant to the California Environmental Quality Act; A. Resolution approving amendments to the Chula Vista General Plan (MPA20-0012) and the Sunbow II General Development Plan (MPA20- 0013) to reflect land use changes for approximately 135.7 acres within the Sunbow II, Phase 3 Planned Community, including associated text, maps and tables; B. Resolution amending the Sunbow II Sectional Planning Area Plan (MPA20-0006) to update Chapters 10.0 to 17.0, to describe and define the amended land use for Sunbow II, Phase 3 and incorporate the development regulations and design guidelines specific to this Project; C. Ordinance approving the Sunbow II, Phase 3 Project to rezone from limited industrial to residential uses allowing up to 534 multi-family medium-high-density dwelling units and 184 multi-family high density residential dwelling units on six parcels, a 0.9-acre Community Purpose Facility site, on-site streets, open space and MSCP Preserve Open Space (FIRST READING); D. Resolution approving Tentative Subdivision Map CVT20-0002 (PCS20- 0002) for a 135.7-acre site for 718 multi-family residential units, known as the Sunbow II, Phase 3 Project; and E. Ordinance approving a Development Agreement between the City of Chula Vista and ACI Sunbow, LLC (MPA21-0014) for the Sunbow II, Phase 3 Project (FIRST READING). F. 7.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 7.1.Citywide Data Privacy Policy Initiative and Smart Cities Update 320 Report Number: 21-0185 Location: No specific geographic location Department: Economic Development. Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. 2022/01/18 City Council Post Agenda Page 6 of 415 RECOMMENDED ACTION: Accept the report and adopt a resolution approving an agreement with Madaffer Enterprises to provide consulting services for a Citywide Technology and Privacy Oversight Policy. 7.2.Measure P Citizens’ Oversight Committee: Amend the Municipal Code to Change the Number of Committee Members from 16 to 9 384 Report Number: 21-0199 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Place an ordinance on first reading amending Municipal Code chapter 2.61 regarding the Measure P Citizens Oversight Committee to change the number of committee members from 16 to 9. (First Reading) *7.3.Ratification of the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula vista and Report of the City Manager Regarding Status of Trash Service and Impacts on the Community 394 Report Number: 22-0056 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Hear the report of the City Manager regarding the status of trash service and its impacts on the community, and adopt the resolution re-ratifying the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista. 8.CITY MANAGER’S REPORTS 9.MAYOR’S REPORTS 10.COUNCILMEMBERS’ COMMENTS 11.CITY ATTORNEY'S REPORTS 2022/01/18 City Council Post Agenda Page 7 of 415 12.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 12.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: Patricia Ortiz v. City of Chula Vista, San Diego Superior Court, Case No. 37-2020-00040498-CU-PO-CTL B) Name of case: Yasoda Namier, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2019-00062842-CU-PA-CTL 12.2.Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, Ed Prendell, Tanya Tomlinson and Steve Berliner Employee organizations: IAFF, MM/PR 13.ADJOURNMENT to the regular City Council meeting on January 25, 2022 at 5:00 p.m. in the Council Chambers. 2022/01/18 City Council Post Agenda Page 8 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Ambulance Transport System Purchase: Approve the Purchase of Two (2) Additional Ambulances and Required Outfitting Report Number: 22-0027 Location: No specific geographic location Department: Fire Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt the resolutions to purchase two (2) additional ambulances through Republic EVS, and purchase required outfitting from Stryker Gurney Systems and Motorola for necessary ambulance outfitting. SUMMARY To accomplish the financial and operational goals for the Ambulance Transport Program, the Fire Department needed to develop a detailed plan based on historical and predicted calls for service. The department evaluated CAD data from the previous ten (10) years to identify patterns and locations for calls for service in the City of Chula Vista. Data was then entered into performance prediction software to understand what pattern of staffing and locations would best serve the response needs throughout the City. The conclusions drawn from this data modeling indicated that the City of Chula Vista would need a total of eight (8) ambulances to provide the maximum level of performance and cost effectiveness, six (6) of those would be staffed 24 hours daily and two would be staffed 12 hours daily during the peak demand period. The city response fleet would then be combined with two (2) additional 24-hour ambulances located in contract jurisdictions of the City of Imperial Beach and the Bonita Sunnyside Fire Protection District, which will create a network of ten (10) ambulances servicing the areas. Since the original inception of the 10-unit response network, the department has converted one of the two 12-hour units to be kept in service 24 hours daily. In addition, at the time, the department calculated that a reserve fleet of three apparatus would be sufficient for preventative maintenance and unexpected repairs, bringing the transport fleet to 13 total ambulances. 2022/01/18 City Council Post Agenda Page 9 of 415 P a g e | 2 With almost nine months of operations, the Ambulance Transport Program has identified the need to purchase two additional ambulances to increase our reserve fleet. Our current system design runs ten (10) ambulances for daily operations, with three (3) ambulances available as reserves. The increase in fleet resources is not intended to add more operational ambulances to the system, but rather to provide a more sustainable and redundant fleet to maintain service levels. In comparison, our fire engine fleet currently has nine (9) in-service for daily operations, with five (5) engines available as reserves. As of the end of FY21 that Transport has drawn down approximately $3,200,000 of the originally approved $4,881,000 loan from Measure A for system startup costs. The Fire Department has determined the need to utilize the remaining Measure A loan funds to purchase the additional two (2) ambulances to add to our fleet. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a governmental plan of action related to the City's preparedness in the event of a natural or manmade disaster and which will not result in direct or indirect significant physical impacts on the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION With nearly nine months of operations, the Ambulance Transport Program has identified the need to purchase two additional ambulances to increase our reserve fleet. Our current system design runs ten (10) ambulances for daily operations, with three (3) ambulances available as reserves. This need is not intended to add more operational ambulances to the system, but rather to provide a more sustainable and redundant fleet to maintain service levels. In comparison, our fire engine fleet currently has nine (9) in-service for daily operations, with five (5) engines available as reserves. Several factors have led the department to this conclusion. Periodic Maintenance/Minor Repairs There have been several occasions where two ambulances are out of service for maintenance needs, so two of three reserves are put into service. This leaves one ambulance in reserve status to be placed into service in case of an unanticipated failure. Additionally, we have had two occasions where thre e ambulances have been out of service leaving no reserves to place in service in case of an unanticipated failure. During the system design the department recommended the purchase of 13 ambulances to keep startup costs as low as possible. This decision was made begin operations and reassess the system needs after a few months in operation. 2022/01/18 City Council Post Agenda Page 10 of 415 P a g e | 3 Major Repairs In addition to the above maintenance and repair, the potential of a vehicle accident causing an ambulance to be put out of service for a prolonged period is a potential problem. This scenario nearly came true on Monday, August 16, 2021 when M39 was returning to quarters and was driving southbound on I805 at Imperial Avenue returning from transporting a patient to a San Diego based Hospital. The crew sustained a front tire blow-out while traveling at freeway speeds. The driver performed excellent and controlled the vehicle safely to the shoulder of the freeway. The tire was changed on the freeway and M39 was able to go back into service. Blowouts like this commonly end with body damage due to the damaged tire tread contacting the front fender. If that where the case, the vehicle would most likely be out of service for several weeks and reduce our reserve capacity by 33%. This example of a near miss is a factor that has emerged that demonstrates to the department that even when our personnel are doing the right things, they represent opportunities for accidents to occur, and different outcomes could have greatly impacted the system’s ability to operate effectively. Call Volume Since April 9, 2021, compliance system wide (Bonita, Chula Vista, and Imperial Beach) has been approximately 95%. However, despite monthly fluctuation December compliance is 0.1% higher than April with increase to both call volume and daily transports. The department is analyzing the compliance trend and we have found that incident and transport volumes are on an upward trend, both increasing almost 6%. The ATS was designed to operate with an average of 48 transports per day. To date, since April 9, 2021 the average transports per day is 52.6 equating to more than an 8% increase in transport volume when compared to the original system design forecast. This is just shy of an additional four transports per day. However, looking back at July-August, the average transports per day has risen to 54.8 and August alone was at 57.4. For perspective, the capacity of a 12-hour shift ambulance at the high end is four transports per day with three being optimal. It has become obvious through analyzing the past nine months, the system incident and transport volumes will fluctuate. The department has also reviewed the past five years of data from our previous transport contractor and found that incident and transport volume has consistently increased approximately 4% per year. Actual and historical data shows the system will need to be in position to expand to keep up with volume increases. Increasing reserve ambulance capacity is the least impactful method to do this. Specifically, by ensuring system unit hours are always maintained at existing levels by having ready reserves available to go into service when needed for maintenance or repair. And by allowing the addition of unit hours during peak volume times/events. The ATS design was based on FY21/22 call volume at an average of 48 transports per day. Transports per day based on the systems known payor mix generates the reliable revenue to cover operating expenses and payments for startup cost loans. If the average transport per day increases, so does revenue which is intended to be reinvested back into the system and/or paydown startup cost debt. After nearly nine months of operations, the daily transport average for December MTD is up to 54.3 with no single month falling below 50 per day. August has been our busiest month to date with approximately a 10% increase in call and transport volumes when compared to July and even higher increases compared to April, May, and June. These are the trends that any system will experience; however, we need to be able to react to these fluctuations. 2022/01/18 City Council Post Agenda Page 11 of 415 P a g e | 4 Our intended response to situations like these would be to add temporary unit hours to the system by placing reserve ambulances into service with overtime staffing to ease increased call and transport volumes to maintain compliance. This situation coupled with our reserve fleet size (currently three reserve ambulances) is driving our recommendation to increase to five total reserve ambulances. Ambulance Ordering As the department has evaluated the need to increase our reserve capacity, the manufacturer of our current ambulance fleet was contacted to determine ordering process and lead time. The same group purchasing contract is still available and was validated by purchasing. The manufacturer was contacted regarding lead time for ambulance purchases. They informed us that their lead time to build an ambulance is approximately five to six months. This timeframe begins once a purchase order is received, and they receive the commercial truck chassis from Ford. Currently, Ford releases commercial truck chassis on a demand basis and their ability to manufacture while working through the impacts of COVID. This release time is not scheduled and is a moving target for clients such as us. The current estimated availability of commercial truck chassis was January of this year. These commercial truck chassis still have not been delivered as of the date of this staff report. Considering the manufacturer lead time combined with Ford’s chassis deliver would put delivery to the City between June and July 2022. In addition, payment is not due until delivery to the City. Mutual Aid When the ATS becomes overloaded, we do in fact rely on mutual aid from other agencies to assist with covering calls for service in our service area. However, what the department has found is that when we are overloaded, so are our partner agencies. This is typically due to patient care transfer delays to the hospital Emergency Departments. Our goal is to balance the number of ATS unit hours against the incident and transport volume in the service area. If we can do this consistently, mutual aid requests are minimized so that we do not over tax our neighboring agencies. This in turn equates to more support from our neighboring agencies when we have a need. This is the mindset that we use when mutual aid requests are made to us to support them. During April and May we found a disproportionate number of mutual aid requests between our ATS and the City of San Diego transport contractor. Specifically, we were providing three times the number of mutual aid responses to San Diego. This resulted in us reaching out to San Diego Fire-Rescue to discuss. Their contractor has made corrections to better balance this in June and July. Mutual aid with the new City of San Diego Fire-Rescue ambulance contractor, which took over November 27, 2021, has not improved the situation described in the previous paragraph. After the new contractor’s first 30 days in service the following ratios were found; arrivals 10:1 and transports 13:1. We are proactively meeting with San Diego Fire-Rescue and their contractor; however, we are not seeing improvement thus far. Another concept to keep in mind regarding mutual aid, is that our agreements are not binding. This is the norm with these agreements as these transport systems typically have compliance-based contracts in place. This is the constant motivation for each agency to provide the best balance possible of ambulance system unit hours and incident/transport volume. This provides the greatest control over service performance and cost recovery for expenses. 2022/01/18 City Council Post Agenda Page 12 of 415 P a g e | 5 Amphitheater The Department has recently begun service delivery for the Amphitheatre to provide medical services during events. These events require a minimum of one ambulance on site for these services, but the number of ambulances and resources needed on site can increase depending on the size of the event. Delivering this service is important for several reasons. The most important, is to ensure these events are safe for those in attendance; but more importantly, if these events are properly provided for, they will not impact daily ATS operations. If they are not properly provided for, any additional calls for service will become the burden of ATS daily operations. Typically, these events occur during our ATS peak volume times and even one call for service from the amphitheater could have a significant and negative impact on our ability to make response times. With the City maintaining these services, we can have the greatest amount of control of this exposure and risk. Ambulances The process of selecting a vendor for purchasing ambulances involved soliciting preliminary quotes from three separate vendors that are currently listed on the Houston Galveston Area Council (HGAC); Medix Specialty Vehicles, Frazer, and Braun Northwest. The request was for a diesel chassis greater than one ton, Type I ambulance, and the installation of customer specific equipment as part of the manufacturing process. Medix was the most responsive vendor with the best cost per unit. HGAC conducted a competitive solicitation for ambulances and Medix/Southwest Ambulances was chosen to be the lowest most responsible and responsive bidder. To procure these vehicles, the Purchasing Agent has determined that the award of this contract is consistent with Section 2.56.140 of the Chula Vista Municipal Code Cooperative Purchasing Agreements. The HGAC award to Medix/Southwest Ambulances under contract AM10-18 was competitively bid and complies with the City of Chula Vista procurement policy. The City of Chula is a current member of HGAC, member number 17-6246. (Attachment #1). Gurney System After detailed research of the two gurney systems in the marketplace, the fire department determined the most functional and safe gurney system is the system produced by Stryker. A preliminary quote was requested per the Savvik RFB 2019-05. Savvik conducted a competitive solicitation for gurney equipment. Stryker Medical responded to the RFB. To procure this gurney equipment, the Purchasing Agent has determined that the award of this contract is consistent with Section 2.56.140 of the Chula Vista Municipal Code Cooperative Purchasing Agreements. The Stryker Medical bid under Savvik RFB 20 19-05 was competitively bid and complies with the City of Chula Vista procurement policy. (Attachment #2). Motorola Radio Communications Equipment Motorola radio equipment is required for all 13 ambulances being purchased to provide transport services. The equipment includes mobile radios, portable radios, accessories, and installation of the equipment. The radio equipment is purchased via a sole source agreement per City of Chula Vista Resolution 2011-131. (Attachment #3 & #4). 2022/01/18 City Council Post Agenda Page 13 of 415 P a g e | 6 The above items are shown below as updated quotes we received from each of the vendors described. The total estimated cost of the two (2) additional ambulances is $609,755, broken down below. As previously discussed, the Fire Department has currently utilized $3,200,000 of our $4,881,000 loan from Measure A. The purchase of the two ambulances with the Measure A loan will bring our total loan utilization up to $3,810,000, leaving $1,071,000 of the total loan to utilize if additional start up needs are identified. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There are no General fund costs associated with this action. Staff will return to Council for approval of any future associated costs as necessary. The Fire Department would be utilizing an estimated $609,755 of our previously approved Measure A loan to purchase the two (2) additional ambulances. ONGOING FISCAL IMPACT No projected negative impact to the general fund. The ongoing maintenance and fuel costs associated with these ambulances would be paid for out of the Ambulance Transport Program budget. Due to our consistent increased call volume, it has been determined that the ATS budget can sustain the additional ongoing maintenance costs. ATTACHMENTS Attachment #1 REPUBLICEVS Purchase Agreement Attachment #2 Stryker Medical Purchase Agreement Attachment #3 Motorola Solutions Purchase Agreement Attachment #4 City of Chula Vista Resolution 2011-131 Sole Source Resolution Staff Contact: Emily Folker, Raymond Smith, Harry Muns 2022/01/18 City Council Post Agenda Page 14 of 415 Qty Price Each Extended Price 2 $214,111.33 $428,222.66 2 $18,734.74 $37,469.48 2 $12.25 $24.50 2 $500.00 $1,000.00 2 $233,358.32 $466,716.64 Chula Vista Fire Department 12/10/2021 Signature Date Printed Name Title Offer and Purchase Agreement for: Chula Vista Fire Department Republic EVS Signature below represents acceptance of above contract and terms: Date Offered: December 10, 2021 Four Hundred Sixty Six Thousand Seven Hundred Sixteen Dollars and Sixty Four Cents $466,716.64 Two (2) Medix Specialty Vehicles Type I MSV 170" on 2022 Ford F-450 4 x 2 Diesel Powered Chassis, Two Door Standard Cab Tax (Based on a Rate of 8.75%) Tire Fee Offer is based off of build quote as well as reference drawings if applicable. A final engineered build quote for customer review and approval will be provided prior to ambulance construction. Any changes requested from a pre build meeting may result in additional charges. 12/10/2021 Signature Date Garett Adelman Printed Name Director of Sales Title Two (2) Medix Specialty Vehicles Type I MSV 170" on 2022 Ford F-450 4 x 2 Diesel Powered Chassis, Two Door Standard Cab All prices are quoted to included Government Factory Rebates. Rebates are subject to change. If the current Rebate amount changes or becomes unavailable. The difference per vehicle will be invoiced to the Purchaser. Pricing is subject to change if additional options are requested. Description HGAC Fee Total Purchase Price Payment Terms: 100% payment of the contract is due at time of delivery unless otherwise specified in writing. Title for the ambulance will be delivered in Seven (7) business days or less once payment has processed through the financial institution. Delivery Terms: Delivery shall be 190 days or less after Receipt of Chassis as well as approved work order and production drawing if applicable. F.O.B. shall be Santa Fe Springs, CA. Chassis VIN Number(s): To Be Determined After Production Start Date Republic EVS 12410 Clark St. Santa Fe Springs, CA 90670 2022/01/18 City Council Post Agenda Page 15 of 415 Quote Summary Delivery Address End User - Shipping - Billing Bill To Account Name: CITY OF CHULA VISTA FIREDEPT Name: CITY OF CHULA VISTA FIREDEPT Name: CITY OF CHULA VISTA FIREDEPT Account #: 1514700 Account #: 1514700 Account #: 1514700 Address: 276 FOURTH AVE BLDG C STEB143 Address: 276 FOURTH AVE BLDG C STEB143 Address: 276 FOURTH AVE BLDG C STEB143 CHULA VISTA CHULA VISTA CHULA VISTA California 91910-2631 California 91910-2631 California 91910-2631 Equipment Products: # Product Description Qty Sell Price Total 1.0 6360030011 LARGE FLOOR PLATE 2 $64.49 $128.98 2.0 639005550001 MTS POWER LOAD 2 $22,660.86 $45,321.72 3.0 6506000000 Power-PRO XT 2 $14,668.15 $29,336.30 3.1 6085033000 PR Cot Retaining Post $0.00 $0.00 3.2 7777881669 3 Yr X-Frame Powertrain Wrnty $0.00 $0.00 3.3 7777881670 2 Yr Bumper to Bumper Warranty $0.00 $0.00 3.4 6506026000 Power Pro Standard Components $0.00 $0.00 3.5 6500001430 X-RESTRAINT PACKAGE $0.00 $0.00 3.6 0054030000 DOM SHIP (NOT HI, AK, PR, GM) $0.00 $0.00 3.7 650606160000 ONE PER ORDER, MANUAL, ENG OPT $0.00 $0.00 3.8 6085031000 Trendelenburg $0.00 $0.00 3.9 6506037000 No Steer Lock Option $0.00 $0.00 3.10 6060036017 Short Hook $0.00 $0.00 3.11 6506127000 Power-LOAD Compatible Option $1,563.43 $3,126.86 3.12 6500038000 SMRT KIT-120V AC,12V DC, Brckt $69.73 $139.46 3.13 6500003130 KNEE GATCH BOLSTER MATRSS, XPS $0.00 $0.00 3.14 6506040000 XPS Option $1,845.70 $3,691.40 Chula Vista 2 Ambulance Set Up Quote Number: 10416549 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF CHULA VISTA FIRE DEPT Rep: Craig Chandler Attn: Ray Smith Email: craig.chandler@stryker.com Phone Number: 6195341839 GPO: Savvik RFB # 2019-05 Quote Date: 12/30/2021 Expiration Date: 01/31/2022 1 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-33082022/01/18 City Council Post Agenda Page 16 of 415 # Product Description Qty Sell Price Total 3.15 6085046000 Retractable Head Section O2 $169.70 $339.40 3.16 0054200994 NO RUNNER $0.00 $0.00 3.17 6500315000 3 Stage IV Pole PR Option $318.40 $636.80 3.18 6506012003 STANDARD FOWLER $0.00 $0.00 3.19 639000010902 LABEL, WIRELESS $0.00 $0.00 3.20 6500130000 Pocketed Back Rest Pouch $239.43 $478.86 3.21 6500128000 Head End Storage Flat $128.54 $257.08 3.22 6500147000 Equipment Hook $48.73 $97.46 4.0 6252000000 Stair-PRO Model 6252 2 $3,265.47 $6,530.94 4.1 7777881660 1 year parts, labor & travel $0.00 $0.00 4.2 6252009001 Stair-Pro Operations Manual $0.00 $0.00 4.3 6250001162 In-Service Video (DVD) $0.00 $0.00 4.4 6252026000 Common Components $0.00 $0.00 4.5 6250021000 2 Piece ABS Panel Seat $0.00 $0.00 4.6 6250160000 Polypropelene Restraint Set(Plastic Buckles) $0.00 $0.00 4.7 6252022000 Main Frame Assy Option $0.00 $0.00 4.8 6250024000 Standard Length Lower LiftHandles $0.00 $0.00 4.9 6252028000 No Foot Rest Option $0.00 $0.00 4.10 6252024000 No IV Clip Option $0.00 $0.00 Equipment Total: $90,085.26 ProCare Products: # Product Description Qty Sell Price Total 5.1 77500ST ProCare Power-LOAD Preventive Maintenance: Annualonsite preventive maintenance inspection for MTSPOWER LOAD 2 $1,990.00 $3,980.00 5.2 77100ST ProCare Power-PRO Preventive Maintenance: Annualonsite preventive maintenance inspection for Power-PROXT 2 $1,245.00 $2,490.00 Chula Vista 2 Ambulance Set Up Quote Number: 10416549 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF CHULA VISTA FIRE DEPT Rep: Craig Chandler Attn: Ray Smith Email: craig.chandler@stryker.com Phone Number: 6195341839 GPO: Savvik RFB # 2019-05 Quote Date: 12/30/2021 Expiration Date: 01/31/2022 2 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-33082022/01/18 City Council Post Agenda Page 17 of 415 # Product Description Qty Sell Price Total 5.3 77301ST ProCare Stair Chair Preventive Maintenance: Annualonsite preventive maintenance inspection (AM) for Stair-PRO Model 6252 2 $535.00 $1,070.00 ProCare Total: $7,540.00 Price Totals: Estimated Sales Tax (8.750%): $7,882.46 Freight/Shipping: $0.00 Grand Total: $105,507.72 Comments/Terms/Signatures Comments: Prices: In effect for 90 days Terms: Net 30 Days Contact your local Sales Representative for more information about our flexible payment options. Chula Vista 2 Ambulance Set Up Quote Number: 10416549 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF CHULA VISTA FIRE DEPT Rep: Craig Chandler Attn: Ray Smith Email: craig.chandler@stryker.com Phone Number: 6195341839 GPO: Savvik RFB # 2019-05 Quote Date: 12/30/2021 Expiration Date: 01/31/2022 3 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-33082022/01/18 City Council Post Agenda Page 18 of 415 Capital Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms. 4 2022/01/18 City Council Post Agenda Page 19 of 415 APX RADIOS QUOTE TO:CHULA VISTA FIRE DEPT - Ray Smith 619-361-4178 PREPARED BY: Andy Grimm 858-864-3660 agrimm@daywireless.com DATE:December 28, 2021 EMS AMBULANCES Quote Valid through February 28, 2022 Quote # 911911AG *Line #Qty Item Description Unit Discounted Price Total Extended Discount Price 1 2 M25URS9PW1AN $2,033.13 $4,066.26 4 W22BA $49.38 $197.52 2 G806BE $354.38 $708.76 2 GA01670 ADD: E5 CONTROL HEAD $448.13 $896.26 2 G67BC ADD: REMOTE MOUNT MID POWER $204.38 $408.76 2 G444AE ADD: APX CONTROL HEAD SOFTWARE $0.00 $0.00 2 G361AH ADD: P25 TRUNKING SOFTWARE $206.25 $412.50 2 G51AU ENH: SMARTZONE OPERATION APX6500 $825.00 $1,650.00 2 G335AW ADD: ANT 1/4 WAVE 762-870 MHZ $9.38 $18.76 4 B18CR $41.25 $165.00 2 G610AC ADD: REMOTE MOUNT CABLE 30 FEET $17.50 $35.00 2 G628AC ADD: REMOTE MOUNT CABLE 17 FEET $10.63 $21.26 2 GA00092AC ADD: DUAL CONTROL HEAD HARDWARE $391.88 $783.76 2 GA005880AA ADD: TDMA OPERATION $309.38 $618.76 2 GA01606AA ADD: NO GPS/WI-FI ANTENNA NEEDED $0.00 $0.00 2 G996 ADD: OVER THE AIR PROGRAMMING (OTAP)$68.75 $137.50 2 G193 ADD: ADP ONLY $0.00 $0.00 2 Discount for Free 3YR Warranty -$176.00 ($352.00) 2 4 PMKN4033 $31.50 $126.00 3 4 H1835 $123.75 $495.00 4 H98UCH9PW7BN $2,565.00 Q806BM $354.38 H38BT $825.00 Q361AR $206.25 QA00580AC TDMA OPERATION (P25 PHASE 2)$309.38 QA02006AA ENH: APX6000XE RUGGED RADIO $550.00 QA01427 ALT: IMPACT GREEN HOUSING (FLORESCENT YELLOW)$17.50 G996 $68.75 Q667 ADD: ADP ONLY $0.00 Discount for Free 3YR Warranty ($121.00) 4 $4,775.26 $19,101.04 5 4 NNTN8575ABLK $538.00 $403.50 $1,614.00 6 4 PMNN4547 SPARE BATTERY FOR APX XE, 3100 MAH, UL, INT. SAFE $169.00 $126.75 $507.00 7 4 NNTN7624C APX VEHICLE CHARGER - HARD WIRED $472.00 $354.00 $1,416.00 $33,027.14 $2,889.87 $35,917.01 8 2 GA00318 NOT TAXED $704.00 9 4 Q887 NOT TAXED $908.00 $37,529.01 $7,834.00 $110.00 $567.00 $28.00 $17.00 $627.00 $495.00 $0.00 $330.00 $1,320.00 $15.00 ADD: AUXILIARY SPKR 7.5 WATT $66.00 SMARTZONE TRUNKING OPERATION P25 9600 BAUD TRUNKING OPERATION $0.00 List PricePart Number APX6500 7/800 MHZ MOBILE RADIO ADD: PALM MICROPHONE $0.00 APX6500 DUAL HEAD MOBILE RADIOS - WITH DEK BOX AT EACH HEAD $3,253.00 $79.00 $717.00 $327.00 ENH: ASTRO DIGITAL CAI OP APX Order Total (Equipment, Tax, Warranty): 8.75 % tax on Equipment Total Equipment and Tax Discounted Pricing from San Diego County RCS Contract # 553982. Shipping is included at No Charge. Purchase Orders must be made out to Motorola Solutions, INC. (Not Day Wireless Systems) WARRANTY DISCOUNTED PER RCS CONTRACT 5 YR WARRANTY - ESSENTIAL SERVICE MOBILE 5 YR WARRANTY - ESSENTIAL SERVICE PORTABLE $352.00 $227.00 TWO NEW AMBULANCES (2) Dual Head APX6500's (4) APX6000XE w Mics, Spare Batts, Vehicle Chargers Total Equipment: XE APX RUGGED MIC w HIGH TEMP CABLE $42.00 ADD: OVER THE AIR PROGRAMMING (OTAP) TOTAL APX6000XE Model 3.5 Portable APX6000XE Model 3.5 Portable Radio APX6000 7/800MHZ MODEL 3.5 PORTABLE RADIO ASTRO DIGITAL OPERATION $4,104.00 $567.00 $1,320.00 $330.00 $495.00 $880.00 $28.00 $110.00 $0.00 UNIT TOTAL FOR DUAL HEAD MOBILE BUNDLE = $4,884.05 10FT MIC EXTENSION CABLES 8 BUTTON DEK BOX $198.00 TOTAL FOR (2) DUAL HEAD RADIOS = $9,768.10 Page 1 2022/01/18 City Council Post Agenda Page 20 of 415 RESOLUTION NO. 2011-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE POLICE AND FIRE DEPARTMENTS TO PURCHASE RADIOS FROM MOTOROLA SOLUTIONS INC VIA THE COUNTY OF SAN DIEGO'S MOTOROLA CONTRACT NUMBER 43095 WHEREAS, the San Diego County-Imperial County Regional Communications System, which is managed by the San Diego Sheriffs Department, provides radio communications service to public safety and public service agencies; and WHEREAS, member agencies of the Regional Communications System utilize standazdized radio equipment to provide better coordination and response efforts for first responders during both day-to-day and emergency operations; and WHEREAS, sole source authorization to purchase radios from Motorola Solutions Inc is sought based on the operational need to have the disaster radios operate identically and be completely interchangeable with the day-to-day radios in use now; and WHEREAS, the County of San Diego has negotiated a contract with Motorola for the provision of radios (Contract Number 43095); and WHEREAS, the Police and Fire Departments currently use Motorola radios and it is simply a matter of first responder safety that the radio manufacturer remain the same as the existing fleet. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the competitive formal bid requirement and authorize the Police and Fire Departments to purchase radios from Motorola Solutions Inc via the County of San Diego Motorola (Contract Number 43095). Presented by v David Bejazano Police Chief Approved as to form by L'~ len R. ogins C~ ey 2022/01/18 City Council Post Agenda Page 21 of 415 Resolution No. 2011-131 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of July 2011 by the following vote: AYES:Councilmembers:Aguilaz, Bensoussan, Castaneda, Ramirez and Cox NAYS:Councilmembers:None ABSENT:Councilmembers:None Cheryl Cox, yor. ATTEST: Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-131 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of July 2011. Executed this 12th day of July 2011. Donna R. Norris, CMC, Crty Clerk 2022/01/18 City Council Post Agenda Page 22 of 415 COUNT'Y OF SAN DIEGO—DEPARTA'IENT OF PURCHASIIVG Al'D CO\'TRACTII'G C01`TRACT NO. 43095 Ul`II.ATERALAMENDNiEi'T 1 0. 36 To Motorol Inc.:Pursuent to e contmct changes cleuse,you are d'vected to make the chaages descnb..°d herein to the Conuzct or do the following descnbed work aot included in the pr_vious agreed on Sratmunt of R%ork TNe of Co¢tract,Projccl,or Program:Regionel Communieations Systems(RCS)RIo[orola Services aud Equipmenf Effective Date:Julv 9 2012 Dacriptlon of CoumrM Change(s)and/or R'orkTo Be Done: 1. Due[o new 5sca1 year and conva.or name change to Diororola Soluuons,Inc,rh nw the couunU numba from 43095 to 541947. Ail other Terms and Conditions rcmain io ef@et A R7TNE55 WHEREOF,che County has execuced this Amrndment e3ective as of Ne date firri set forth ebwc. APPROVED: By: /. - P N'NSTON F.McCOLL,or Departmeni of Purchesing zad Contracang Dafe: ! - ' a r t NI06 COJI7AAC1 NO.43095 A.`7DMEA'C NO.36 2022/01/18 City Council Post Agenda Page 23 of 415 COLJ\TY OF S.l' DIEGO -D PARTA NT OF PURCHASL'G AND CO\'TR4CTI\G CO\"TRACT N0. 5 1947 U\'ILATER LAA'IE\'DNiE\'T N0. 43 To:iNotorola Solutions,Ina Pursuant ro the connact changes clause,you are directed to make the changes described hereia to the Contrac[or do[he following described work not included in the previoes egreed or.Statement of Work. Tide of ContracL P*oject,or Program: Regional Communications System(RCS)Motorola Services and Equipmenf Effective Date: A7ay 02,2013 Descriptioo of Contract Chaoge(s)and/or Vork To Be Done: I. Due to administre:ive internal controls,change the contact number from 54I947 to 544679. All other Terms and Condi[ions remain in effec4 . N WIiNESS WHEREOF,the County ues execu:ed this Amend.tent effeciive az of ffie date frrs[set tor'.h abo e. t APP f B. JOFI M. PELLEGRII O, Director Department of P chasi and Contractir. Date: `/ Ay ., . 1 NI06 CONTRACE NO.541947 AM1tE`1DNENT O.43 2022/01/18 City Council Post Agenda Page 24 of 415 COUNTY OF SAN ll1EG0 — DEYARTMENT OF PURCHASING AND CONTItACTINC CONTRACT NO. 1 3679 UIVILATERALAMENDMENT NO. 6 To: Motorola Solutions, Inc. Pursuant to the contract changes clause,you are directed to make the changes described herein to the Contract or do the followine described work not included in the previous agreed on Statement of Worl:. Title of Contract, Project or Pro am: Regional Communications System (RCS) Effec[ive Date: May 01,2013 Motorola Sen ices and Equipment Description of Contract Change(s)and/or York To Be Done: 1. Due to administrative interna wnirols, change the contract number from 544679 to 548289. All other Terms and Conditions remain in effect. IN WITTIESS R'HER EOF,the County has executed this Amendment effeciive as of the date first set fonh above. APP OV ED: 1 1 Bv: Hh'M. PELLEGRINO. Direct Department of Purchasin and Contracting Date: ' 7' p_uni_amend.doc CU TKnCI'\O.SSa679AA1ENUbtEhTN0.46 Rev. 11WR013 32022/01/18 City Council Post Agenda Page 25 of 415 COUNTY OF SAN DIEGO—DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 548289 UNILATERAL AMENDMENT NO. 4? To Motorola Solutions,lnc.:Pursuant to the contract changes clause,you are directed to make the changes described herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. Title of Contract,Project,or Program: Regional Communications System (RCS) Motorola Services and Equipment Effective Date: Date signed by County of San Diego,Department of Purchasing and Contracting Description of Contract Change(s)and/or Work To Be Done: 1.Due to administrative internal controls,change the contract number from 548289 to 550743. All other Terms and Conditions remain in effect. IN WITNESS WHEREOF,the County has executed this Amendment effective as of the date first set forth above. APPROVE • By: f JOHN M. PELLEGRINO,Director f Department f Purc asing and Contracting Date: / ` / p_uni_amend.doc CONTRACT NO.548289 AMENDMENT NO.47 Rev. 1 I/4l2013 v3 2022/01/18 City Council Post Agenda Page 26 of 415 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH REPUBLIC EVS FOR TWO AMBULANCES THROUGH SOUTHWEST AMBULANCE SALES WHEREAS, City Council approved Chula Vista Council Resolution 19-0475 directing the City Manager to engage in all necessary administrative actions to implement Fire Department based Ambulance Transport Services; and WHEREAS, it is necessary to procure transport ambulances to provide Fire Department based Ambulance Transport Services; and WHEREAS, the process of selecting a vendor for purchasing ambulances involved soliciting preliminary quotes from three separate vendors that are currently listed on the Houston Galveston Area Council (HGAC); and WHEREAS, HGAC conducted a competitive solicitation for ambulances and Medix/Southwest Ambulances was chosen to be the lowest most responsible and responsive bidder; and WHEREAS, in order to procure these vehicles, the Purchasing Agent has determined that the award of this contract is consistent with Section 2.56.140 of the Chula Vista Municipal Code Cooperative Purchasing Agreements. The HGAC award to Medix/Southwest Ambulances under HGAC Contract AM10-20 was competitively bid and complies with the City of Chula Vista procurement policy. The City of Chula Vista is a current member of HGAC, member number 17- 6246. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the purchase agreement between the City and Republic EVS for two ambulances through Southwest Ambulances Sales, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute same. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2022/01/18 City Council Post Agenda Page 27 of 415 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH STRYKER MEDICAL FOR GURNEY SYSTEMS WHEREAS, City Council approved Chula Vista Council resolution 19-0475 directing the City Manager to engage in all necessary administrative actions to implement Fire Department based Ambulance Transport Services; and WHEREAS, it is necessary to procure gurney systems and stair chair devices to effectively move patients during Fire Department-based Ambulance Transport Services; and WHEREAS, after detailed research of the two gurney systems in the marketplace, the Fire Department determined the most functional and safe gurney system is the system produced by Stryker Medical; and WHEREAS, a preliminary quote was requested per the Savvik RFB 2019-05. Savvik conducted a competitive solicitation for gurney equipment. Stryker Medical responded to the RFB; and WHEREAS, to procure this gurney equipment, the Purchasing Agent has determined that the award of this contract is consistent with Section 2.56.140 of the Chula Vista Municipal Code Cooperative Purchasing Agreements. The Stryker Medical bid under Savvik RFB 2019-05 was competitively bid and complies with the City of Chula Vista procurement policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the purchase agreement between the City and Stryker Medical for gurney systems, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute same. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2022/01/18 City Council Post Agenda Page 28 of 415 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITVE BIDDING REQUIREMENT AND APPROVING A SOLE SOURCE PURCHASE AGREEMENT WITH MOTOROLA SOLUTIONS FOR AMBULANCE RADIO EQUIPMENT WHEREAS, City Council approved Chula Vista Council resolution 19-0475 directing the City Manager to engage in all necessary administrative actions to implement Fire Department - based Ambulance Transport Services; and WHEREAS, it is necessary to procure radio communications equipment for transport ambulances to provide Fire Department-based Ambulance Transport Services; and WHEREAS, the City Council has approved a sole source agreement with Motorola Solutions in Resolution 2011-131; and WHEREAS, Day Wireless provided a quote for Motorola Solutions via the County of San Diego’s Motorola contract 553982. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that waives the competitive bidding requirement. BE IT FURTHER RESOLVED by the City Co uncil of the City of Chula Vista that it’s resolution of the City Council of the City of Chula Vista authorizing a sole source purchase agreement between the City and Motorola Solutions for ambulance radio equipment, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute same. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2022/01/18 City Council Post Agenda Page 29 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Engine Purchase: Approval of the purchase of two (2) Pierce Engine Pumper Apparatuses through Measure P Report Number: 22-0028 Location: No Specific Geographical Location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the purchase of two (2) Pierce Engine Pumper Apparatuses in compliance with the Measure P Expenditure Plan. SUMMARY The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees daily. Emergency response service delivery is provided with several different types of apparatus, including triple combination pumped/fire engines, aerial ladder trucks, a heavy rescue, brush engines and command vehicles. The Fire Department continues to replace fire apparatus as part of the initial phase of the City’s 10-year Measure P Expenditure Plan specific to the Fire Department’s fire apparatus replacement plan. The Fire Department is requesting authorization to purchase two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumper through its sole source agreement with South Coast Fire Equipment to replace existing fire engines that will be transitioned into our reserve fleet. 2022/01/18 City Council Post Agenda Page 30 of 415 P a g e | 2 ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The purchase of the two (2) Pierce Engine Pumper Apparatuses is in compliance with the Measure P Expenditure Plan. DISCUSSION The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City and surrounding jurisdictions. In addition, the Fire Department provides mutual aid assistance throughout the State of California on a reimbursable basis. These emergency services are provided with each of the apparatus in our fleet. As part of the Fire Department’s continued execution of the City’s 10-year Measure P Expenditure Plan specific to the fire apparatus and equipment replacements, the replacement of two (2) fire engines is necessary. The replacement of these two fire engines is the continued effort to remain in alignment with the City’s 10-year Measure P expenditure plan. These efforts are significant and provide for improved overall quality, reliability, cost effectiveness and safety of the fire apparatus fleet. The Fire Facility Master Plan includes an addendum that details the recommended apparatus replacement cycles to include 10 to 12 years of frontline service, plus 5 years of reserve service, for a total service life of 17 years. National Fire Protection Association (NFPA) Standard 1901 on Automotive Fire Apparatus and other National Fleet Maintenance Organizations recommend large vehicle replacements based on several criteria to include years of service, mileage, maintenance costs, functional obsolescence, and inability to obtain prior parts as well as technology and safety improvements. The current engines being replaced were placed in service in 2014 and 2015, which puts their years of service at 7 and 6 years, respectively. Once an order for an apparatus is placed, there is at least a 12-month lead time before the apparatus is received and outfitted before it can be placed in service. This lead time would put the engines being replaced at 8 and 7 years of service, respectively. Additionally, both engines being replaced are operated in response districts with a higher call volume when compared to other response districts within the City. The increased call volume leads to higher-than-normal mileage and wear and tear on the apparatus which places them at in an earlier replacement schedule according to the NFPA standards described above surrounding mileage. One of the engines currently in service to be replaced is at 88,000 miles, and the other engine is at 97,000 miles. Each engine averages about 14,000 miles per year. If not replaced, these engines would be at 140,000 miles to 168,000 miles if in service for the full 10-12 years of frontline service. Currently in our reserve fleet are five (5) engines that have been in service for 18 to 21 years. These service lives exceed the current City policy of total service life of 17 years of service. The reserve engines which currently exceed the 17 years of service threshold are regularly placed into service for a variety of operational needs. These engines being in service creates a larger burden on Public Works and the mechanics for the increased maintenance needed. The replacement of two (2) frontline engines at 6 and 7 years of service (at 7 and 8 2022/01/18 City Council Post Agenda Page 31 of 415 P a g e | 3 years once new apparatus are received and placed in service) will move those engines into our reserve fleet, therefore replacing our reserve engines that have exceeded their total service life. This purchase is a sole source purchase with South Coast Fire Equipment for the Pierce manufactured fire apparatus, pursuant to Chula Vista Municipal Code section 2.56.070.B.4 (unique compatibility requirements). The Fire Department uses Pierce Manufacturing to purchase frontline operational emergency response vehicles for several critical reasons: 1. Equipment Standardization: providing the same type of emergency response apparatus is critical to provide a standard approach to training all personnel. This ensures that our personnel can operate fire apparatus at a competent level while under duress of emergency response. 2. Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. The purchase of these new fire apparatus will continue to improve the overall quality, reliability, cost effectiveness and safety of the City’s fire apparatus fleet. The Fire Department has received a quote from South Coast for the purchase of two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumpers for the quoted purchase price total of $1,801,167. The Fire Department is recommending a 5% overage to account for any change order needs in the manufacturing process, bringing the total to $1,891,226 to be purchased using the FY22 Fire Department Vehicle/Apparatus allocations of the Measure P expenditure plan. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the general fund. The total cost to purchase two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumpers will be funded from the Measure P fund. The order will be placed with South Cost Fire Equipment upon Council approval. Lead time on delivery of apparatus is approximately 10 months. Payment for apparatus is upon delivery, so subsequently no payments will be made until FY23. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the general fund. These apparatuses are replacements rather than additions to our fleet, therefore any fuel and maintenance costs both for the frontline engines and engines being moved into the reserve fleet are already built into the Department’s ongoing operational budget. 2022/01/18 City Council Post Agenda Page 32 of 415 P a g e | 4 ATTACHMENTS Attachment 1- South Coast Fire Equipment Arrow XT PUC Front Sheet Staff Contact: Emily Folker, Harry Muns, Pete Mercado 2022/01/18 City Council Post Agenda Page 33 of 415 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING THE PURCHASE OF TWO PIERCE ARROW XT PIERCE’S ULTIMATE CONFIGURATION (PUC) PUMPERS TO BE PURCHASED THROUGH THE MEASURE P EXPENDITURE PLAN WHEREAS, the Chula Vista Fire Department delivers Fire, Recue and Emergency Medical Services to Chula Vista residents, visitors, and employees every day; and WHEREAS, emergency response services are provided with several different types of fire apparatus, including triple combination pumpers/engines, aerial ladder trucks, heavy rescue, brush engines and command vehicles; and WHEREAS, the Fire Department continues to replace fire apparatus as part of the City’s 10-year Measure P Expenditure Plan specific to fire apparatus replacements; and WHEREAS, the Fire Department continues to move toward compliance with the recommended fire apparatus replacement cycles identified in the Council-approved Fire Department Fire Facility Master Plan (“Master Plan”); and WHEREAS, The Fire Department is recommending a sole source purchase with South Coast Fire Equipment for the acquisition of two Pierce Arrow XT Pierce’s Ultimate Configuration Pumpers for the combined price of $1,891,226 in order to replace fire apparatus as contemplated in the Master Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it waives the competitive bidding requirement pursuant to Chula Vista Municipal Code section 2.56.070.B.4, sole source. BE IT FURHTER RESOLVED by the City Council of the City of Chula Vista that it approves a purchase agreement between the City and South Coast Fire Equipment for the acquisition of two Pierce Arrow XT Pierce’s Ultimate Configuration Pumpers through the Measure P Expenditure Plan, in the form presented with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2022/01/18 City Council Post Agenda Page 34 of 415 Extension (2 ) 1,652,490.00$ Sales Tax @ 8.750%144,592.88$ 1,797,082.88$ Performance Bond 4,048.60$ California Tire Fee 35.00$ Consortium Fee Not Applicable -$ 1,801,166.48$ 525-555 South Coast Fire Equipment, Inc. Tim Olley Sales Representative APPARATUS COST WITH TAX 17.50$ calender days after receipt of this order and the acceptance thereof at our office 898,541.44$ 900,583.24$ -$ reserved to withdraw this proposition. obtain chassis, materials, or other causes beyond our control not preventing, within about to the price set forth above. Unless accepted within 30 days from the specified date, the right is in Ontario, California, and to be delivered to you at Chula Vista in or additions to said DOT or NFPA standards will be passed along to the customer as an addition guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by by the company of the order to purchase, and provided such alterations do not materially affect and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) The specifications herein contained shall form a part of the final contract and are subject to 826,245.00$ Pierce Arrow XT Pierce's Ultimate Configuration (PUC) Pumper as per enclosed proposal for delivery sum of the cost of the construction of the apparatus. PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTATION: the specifications hereto attached, delays due to strikes, war or international conflict, failures to Respectfully Submitted, Payment options are available and are included under separate cover. One of these options customer specifications. Any increased costs incurred by the first party because of future changes changes desired by the purchaser, provided such alterations are interlined prior to the acceptance may save your department a significant amount of money! The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules 72,296.44$ 2,024.30$ Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with TOTAL PURCHASE PRICE PROPOSAL FOR FURNISHING FIRE APPARATUS for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Ontario, California, Each January 9, 2022 CHULA VISTA FIRE DEPARTMENT The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices: Chula Vista CA. 91910 276 Forth Ave. Two 2022/01/18 City Council Post Agenda Page 35 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Park Master Plan Approval: Approval of the Park Master Plan for the 2.8-acre Town Square Park (Lots B and C) in Otay Ranch Village 8 West and the name “Central Square Park” Report Number: 22-0016 Location: Town Square Park (Lots B & C) located between La Media Parkway North and La Media Parkway South Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report (FEIR 10-03) - SCH #2010062093 for the Otay Ranch Village 8 West Sectional Planning Area (“SPA”) Plan. Recommended Action Adopt a resolution approving the Park Master Plan for the 2.8-acre Town Square Park in Otay Ranch Village 8 West and the name “Central Square Park.” SUMMARY This item presents the first Otay Ranch Village 8 West park and seeks approval of the Park Master Plan and the park name “Central Square Park.” ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project was adequately covered in previously certified Final Environmental Impact Report (FEIR 10-03) - SCH #2010062093 for the Otay Ranch Village 8 West SPA Plan. Thus, no further environmental review or documentation is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On November 18, 2020, the Parks and Recreation Commission voted to recommend approval of the Park Master Plan for Town Square Park (Lots B & C) in Village 8 West and the name, “Central Square Park,” by a vote of 5-0. 2022/01/18 City Council Post Agenda Page 36 of 415 P a g e | 2 DISCUSSION Background The SPA plan for Otay Ranch Village 8 West was adopted by City Council on December 17, 2013, via Resolution No. 2013-270. On May 13, 2019, a duly verified application requesting approval of an amendment to the SPA Plan (MPA19-0011) and a new Tentative Subdivision Map (PCS19-0003) was filed with the City of Chula Vista Development Services Department by HomeFed Village 8, LLC (the “Developer”). The SPA Plan amendment and Tentative Subdivision Map were adopted by City Council on February 18, 2020 (Resolution Nos. 2020-033 and 2020-034, respectively). On November 3, 2020, Map No. 16428 was recorded by the County Recorder, File No. 2020-7000372. Map No. 16428 reflects Lots B and C for the Town Square Park (Attachment One – Location Map). Otay Ranch Village 8 West includes an active mixed-use Town Center comprised of a mixture of commercial, office, and residential uses, including the Town Square Park. Other adjacent land uses include a Community Purpose Facility site, a Public Elementary School site, a Neighborhood Park, a Portion of the Otay Ranch Community Park North, Residential Neighborhoods, Open Space, and a community-wide trails system. The 2.8-acre Town Square Park site consists of a 2.3-acre active park and a 0.5-acre dog park, which is located within the heart of the Town Center. Otay Ranch Village 8 West Parks Agreement Park obligations for development projects are found in Chapter 17.10 of the Chula Vista Municipal Code (“CVMC”). This chapter is also known as the Parkland Dedication Ordinance (“PLDO”). An Agreement regarding construction of parks in Otay Ranch Village Eight West was entered into by the City and the Developer, dated October 20, 2020 and recorded in the Official Records of the County of San Diego on November 5, 2020 as Document No. 2020-0691764 (the “Parks Agreement”). The Otay Ranch Village 8 West project (“Project”) satisfies the land dedication requirements of the PLDO by granting a public access easement over the Town Square Park and the Neighborhood Park (Lot D) accepted by the City on Final Subdivision Map No. 16428 recorded at the County Recorder’s Office on November 3, 2020. Additionally, the Developer has offered to dedicate an irrevocable fee interest to the City (“IOD”) for 12.3 useable acres within the Community Park (Lot A) (Attachment 1). The Project will satisfy the park development requirements of the PLDO by constructing the Town Square Park and the Neighborhood Park and by paying in-lieu fees for the Project’s proportionate share of the Community Park development improvements. The Parks Agreement acknowledges that the Town Square Park shall be owned and maintained by the Otay Ranch Village 8 West Homeowners’ Association and, as such, park improvements may deviate from standard park improvements typically required in City parks. In accordance with the Parks Agreement, if such additional amenities are provided, the cost and associated park development fee credits shall be subject to approval by the Director of Development Services, or their designee. The Developer has agreed to provide a mechanism to fund the perpetual maintenance of the 2.8-acre Town Square Park and the future 5.5-acre Neighborhood Park planned within the Project. 2022/01/18 City Council Post Agenda Page 37 of 415 P a g e | 3 Town Square Park (Lots B & C) The overall theme for the park is “Deviation – Innovation - Integration” with the intent to discover ways to accommodate the traditional community park program for venues, amenities, and active sport areas, with innovation and fresh solutions. The Town Square Park incorporates a contemporary European influence using playful art, vibrant colors, unorthodox amenities, and innovative lighting techniques which will bring life and interest to the park from morning through early evening. The master plan for the park includes the following elements (Attachment 2, pages L-3 through L-10): • Pedestrian connections to developments to the North, South, East & West of the park • Event staging areas • Comfort station with maintenance/storage room • Shade structures • Picnic areas • Play structures and equipment • Amenities such as benches, tables, and chairs, and drinking fountains • Site and specialty park lighting • Dog park • Entry Monument project signage/Landmark • Accentuated paving areas • Town Square pop-up for concessions and community events, with café seating and pedestrian plaza • Open lawn play areas and gently sloping lawn area to create an informal community amphitheater • On-street parking surrounding all 4 sides of the park Town Square Park Cost and Budget Analysis The total budget for the Town Square Park is approximately $2.3 million ($1.7 million construction costs and $600,000 soft costs including contingency), based on the current Parkland Acquisition and Development (“PAD”) Fee rates (October 2021). The Parks Agreement allows up to 10% of the proposed Neighborhood Park budget ($4.6 million) to be allocated to help supplement the Town Square Park budget. The Developer has elected to use these funds which would provide an additional $460,000 to the Town Square Park’s budget ($335,000 construction cost and $125,000 soft costs including contingency). This supplemental allocation increases the budget for the Town Square Park to $2.76 million ($2,035,000 construction costs and $725,000 soft costs including contingency). It is the Developer’s commitment to provide the park as proposed with the understanding that additional funds or modifications to the park design may be necessary when the final Town Square Park Budget is prepared. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of 2022/01/18 City Council Post Agenda Page 38 of 415 P a g e | 4 Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no net fiscal impact to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund associated with this action. The developer will construct the park on behalf of the City to meet their pa rk obligations. There will be no capital cost to the City for the construction or maintenance of this park. ATTACHMENTS 1. Location Map 2. Town Square Master Plan (Proposed name: Central Square Park) Staff Contact: Bethany McDonnell, Landscape Planner, Development Services Patricia Ferman, Principal Landscape Architect, Development Services Tiffany Allen, Director of Development Services 2022/01/18 City Council Post Agenda Page 39 of 415 ATTACHMENT 1 - LOCATION MAP OTAY RANCH - V8W PARKS LOT A - COMMUNITY PARK (14.8-ACRES) LOT B & C - TOWN SQUARE PARK (2.8-ACRES) LOT D - NEIGHBORHOOD PARK (5.5-ACRES) 2022/01/18 City Council Post Agenda Page 40 of 415 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 2.8-ACRE TOWN SQUARE PARK (LOTS B & C) IN OTAY RANCH VILLAGE 8 WEST AND THE NAME “CENTRAL SQUARE PARK” WHEREAS, the Sectional Planning Area (SPA) plan for Otay Ranch Village 8 West (the “Project”) was adopted by City Council on December 17, 2013, via Resolution No. 2013-270; and WHEREAS, HomeFed Village 8, LLC (the “Developer”) requested approval of an amendment to the SPA plan and a new Tentative Subdivision Map; and WHEREAS, the SPA plan amendment and Tentative Subdivision Map was adopted by City Council on February 18, 2020, via Resolution Nos. 2020-033 and 2020-034, respectively; and WHEREAS, the 2.8-acre park site located between La Media Parkway North and South satisfies a portion of the land dedication requirements of the Parkland Dedication Ordinance (the “PLDO”) for the Project by granting a public access easement over Lots B & C (Town Square Park) and Lot D (Neighborhood Park) as accepted on Final Subdivision Map No. 16428 recorded at the County Recorder’s Office on November 3, 2020, File No. 2020-7000372; and WHEREAS, the Project will meet its park obligations, as established in Chapter 17.10 of the Chula Vista Municipal Code (CVMC), by constructing the Town Square Park and the Neighborhood Park and by paying in -lieu fees for the Project’s proportionate share of the Community Park development improvements; and WHEREAS, park provisions are documented in detail in the Agreement Regarding Construction of Parks in Otay Ranch Village Eight West (the “Parks Agreement”), approved by the City Council via Resolution No.2020-223 on October 20, 2020; and WHEREAS, the Project’s parks are provided through the “turnkey” method wherein the Developer constructs the parks on behalf of the City; and WHEREAS, the Parks Agreement acknowledges that the Town Square Park and Neighborhood Park shall be owned and maintained by the Otay Ranch Village 8 West Homeowners’ Association and will provide a mechanism to fund the perpetual maintenance of the 2.8-acre Town Square Park and the future 5.5-acre Neighborhood Park planned within the Project; and WHEREAS, the Developer and the landscape consultants, Tributary LA, Inc., have entered into a two-party agreement for the design of the park; and 2022/01/18 City Council Post Agenda Page 57 of 415 WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Environmental Impact Report (FEIR 10-03) - SCH #2010062093 for the Otay Ranch Village 8 West SPA Plan; and WHEREAS, the Parks and Recreation Commission approved the Town Square Park Master Plan and park’s name at its meeting on November 18, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Park Master Plan for the 2.8-acre Town Square Park, located in Village 8 West, and the name “Central Square Park.” Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2022/01/18 City Council Post Agenda Page 58 of 415 Côta, meaning share and dimension, with Vera, meaning real, true and genuine. Two words and a definition derived from different European languages, but combined, define the program and character for the Côta Vera Community and Central Square Park. Côta Vera Central Square Park incorporates a contemporary European culture to create the spirit for community’s vision. The use of playful art, vibrant colors, unorthodox amenities, and innovative lighting techniques will bring life and interest to spaces from morning through early evening. The first design goal is “deviation”. To discover ways to accommodate the traditional community park program for venues, amenities and active sport areas, with innovative and fresh solutions. Play is an activity, but also a feeling. Whimsical, innovative, playful design is what will make Côta Vera Central Square Park unique. Moving the sense of wonder across the day and into the night and turning public art into play, creates the transition into imagination. LIFE INSPIRED 2022/01/18 City Council Post Agenda Page 59 of 415 2022/01/18 City Council Post Agenda Page 60 of 415 Côta Vera’s style is inspired by European Villages and beyond. Residential elevations make references to Danish Modern, Scandinavian Farmhouse and Modern Valencia, for example. The idea among neighborhoods and with the major amenities is to create a “new village’ character based on both contemporary and more charming elements. European References with a Contemporary Twist Health, Wellness, and Community Connection Here at Côta Vera, we believe that investing in your mind and body will significantly improve your quality of life. The San Diego climate, combined with the constraints of COVID-19 have created an even stronger desire to enjoy the great outdoors, benefit from daily exercise, experience mind/body health and commune with neighbors and family. Côta Vera provides an ideal environment for that kind of lifestyle. Côta Vera Themes 2022/01/18 City Council Post Agenda Page 61 of 415 At Côta Vera, when the sun goes down, village life continues to sparkle. Whether it's drinks in the Central District, evenings at the Neighborhood Park or night time hours at the Neighborhood Pool or nearby stores, there’s always things to do –including occasional events, concerts, and movies after dark. From Morning ‘til Night Creativeness & Culture Our final theme ties all things together with whimsical and inventive qualities. An artful approach to landscape, outdoor furnishings and play equipment create a stimulating environment for walking, playing, and relaxation. An art walk in the Town Square Park allows for opportunities for young artists to showcase their work, and public art in the form of sculptural elements and murals will add further to the scenic interest of Côta Vera. Côta Vera Themes 2022/01/18 City Council Post Agenda Page 62 of 415 Côta Vera Site Plan 2022/01/18 City Council Post Agenda Page 63 of 415 Central District Key Features: “The Shops at Central District” 4-6 neighborhood retail spaces & larger box retail opportunities “Central Square Park” A park complete with… “Central Dog Park” Off leash dog park complete with a space for small dogs & big dogs 2022/01/18 City Council Post Agenda Page 64 of 415 Central District LOCATION 2022/01/18 City Council Post Agenda Page 65 of 415 ? ? Central Square Park Full Site 2022/01/18 City Council Post Agenda Page 66 of 415 Central Square Park 2022/01/18 City Council Post Agenda Page 67 of 415 Central Square Bark Park 2022/01/18 City Council Post Agenda Page 68 of 415 Park Sections 2022/01/18 City Council Post Agenda Page 69 of 415 Park Sections 2022/01/18 City Council Post Agenda Page 70 of 415 Park Sections 2022/01/18 City Council Post Agenda Page 71 of 415 Park Sections 2022/01/18 City Council Post Agenda Page 72 of 415 Inspiration 2022/01/18 City Council Post Agenda Page 73 of 415 Inspiration 2022/01/18 City Council Post Agenda Page 74 of 415 INSPIRATION Architecture 2022/01/18 City Council Post Agenda Page 75 of 415 INSPIRATION Enhanced Paving 2022/01/18 City Council Post Agenda Page 76 of 415 INSPIRATION Traditional PARK AMENITIES Shade UmbrellaDrinking Fountain Bike Rack Picnic TableGaming table Park Bench Receptacles 2022/01/18 City Council Post Agenda Page 77 of 415 INSPIRATION Creative PARK AMENITY ALTERNATIVES Creative KioskBlock SeatingWarp BenchDrinking FountainBike Rack Projection Screen Pebble Seating 2022/01/18 City Council Post Agenda Page 78 of 415 INSPIRATION Traditional PLAY AMENITIES 2022/01/18 City Council Post Agenda Page 79 of 415 INSPIRATION Creative PLAY AMENITIES 2022/01/18 City Council Post Agenda Page 80 of 415 San Diego Urban Timber is a Chula Vista resource whose goal is to breathe new life into fallen trees and other materials, which would normally have been discarded. A mill, design and build company making creative amenities with the local trees they rescue. San Diego Urban Timber, LLC 2022/01/18 City Council Post Agenda Page 81 of 415 San Diego Urban Timber, LLC 2022/01/18 City Council Post Agenda Page 82 of 415 Park in the Evening 2022/01/18 City Council Post Agenda Page 83 of 415 In The Details 2022/01/18 City Council Post Agenda Page 84 of 415 In The Details 2022/01/18 City Council Post Agenda Page 85 of 415 Thank You 2022/01/18 City Council Post Agenda Page 86 of 415 ? ? Central Square Park Full Site 2022/01/18 City Council Post Agenda Page 87 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Contract Award: Preparation of a Storm Water Management & Drainage Funding Report with SCI Consulting Group Report Number: 21-0228 Location: No specific geographic location Department: Engineering Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt a resolution awarding a contract to SCI Consulting Group to provide professional services for the preparation of a Storm Water Management & Drainage Funding Report. SUMMARY City Council Ordinance No. 2463 established the Storm Drain Fee that has two objectives: (1) maintenance of the storm drain system, and (2) compliance with the National Pollutant Discharge Elimination System (NPDES) Permit. On March 2, 2021, City Council passed City Council Resolution No. 2021-041 establishing a Capital Improvement Program (CIP) project and appropriating $100,000 thereto, to allow City staff to solicit proposals for a consultant to prepare a Storm Water Management and Drainage Funding Report to address the current and projected funding shortfalls of the City’s Storm Water Management Program. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 2022/01/18 City Council Post Agenda Page 88 of 415 P a g e | 2 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background In 1991, City Council passed Ordinance No. 2463 establishing the Storm Drain Fee and the Storm Drain Revenue Fund by adding Chapter 3.21 and Chapter 14.16 to the Chula Vista Municipal Code. Per Ordinance No. 2463, the Storm Drain Fee has two objectives: (1) maintenance of the storm drain system, and (2) compliance with the National Pollutant Discharge Elimination System (NPDES) Permit. In fiscal year 2021, the Storm Drain Revenue Fund collected a total of $671,198, accounting for approximately 30% of the $2.4 million annual costs required to implement the Storm Water Management Program (Program), leaving a $1.7 million deficit. The deficit amount does not include the drainage maintenance funds needed for drainage capital improvement projects (CIPs) to replace, repair, and maintain aging infrastructure. Over the past 30 years, the deficit to the Storm Water Management Program has primarily been covered with revenues from the General Fund. On occasion, when a nexus is identified and justified, some of the Program work elements may have been funded from: special assessment districts; development deposits and fees; wastewater fees; Transnet funds; solid waste fees; grants; and Measure P funds. These supplemental sources of funding are rare and do not have any annual guaranteed funding levels to ensure the City’s compliance with the Regional Municipal Separate Storm Sewer System (MS4) Permit. On March 2, 2021, the City Council approved Resolution No. 2021-041 for an amendment of Fiscal Year 2020/21 CIP Program Budget appropriating $100,000 from the General Fund and establishing the Capital Improvement Project: “Storm Water Management & Drainage Funding Report and Public Outreach (DRN0218)”. Resolution No. 2021-041 authorizes City staff to retain a consultant to prepare a Storm Water Management and Drainage Funding Report to address the current and projected funding shortfalls of the City’s Storm Water Management Program. Consultant Selection Process On August 20, 2021, the City advertised a Request for Proposals (RFP) for professional services of qualified Proposers to prepare a Storm Water Management & Drainage Funding Report (“Report”). Subsequently, the City received proposals from the following five qualified firms (in alphabetical order): 1. A & N Technical Services, Inc. from Encinitas, CA. 2. Black & Veatch Management Consulting, LLC. from Los Angeles, CA. 3. NBS Consultants from Temecula, CA. 4. Raftelis Financial Consultants Inc. from Los Angeles, CA. 5. SCI Consulting Group from Fairfield, CA. 2022/01/18 City Council Post Agenda Page 89 of 415 P a g e | 3 Prior to the scheduled interviews, A & N Technical Services, Inc. and Raftelis Financial Consultants Inc, rescinded their proposals. The remaining three (3) consultants were interviewed. The procedures outlined in the Chula Vista Municipal Code Section 2.56.110 for Professional Services were followed. Based on subsection (C) a selection committee, approved by the Engineering Department Head and City Manager, used pre-established criteria to rank firms based on their proposals and interviews. The selection panel’s top three ranked consulting firms in priority order are: 1. SCI Consulting Group. 2. NBS Consultants. 3. Black & Veatch. The Engineering Department negotiated a Consultant Services Agreement with SCI Consulting Group as the highest ranked firm. The proposed Agreement is attached. SCI Consulting Group has direct experience in California analyzing existing stormwater program revenues and expenditures, and identifying, developing, and implementing successful and comprehensive long-term revenue approaches within the unique state legal requirements. The scope of this contract is for professional services for the preparation of a Storm Water Management & Drainage Funding Report for up to $100,000. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Sufficient funding from the General Fund is available in CIP DRN0218 to cover professional services associated with the Storm Water Management & Drainage Funding Report. ONGOING FISCAL IMPACT No ongoing fiscal impact is anticipated if contract is approved. The consultant will be compensated in an amount not-to-exceed $100,000 for professional services associated with this contract. ATTACHMENTS 1. Resolution No. 2021-041 dated March 2, 2021 2. Consultant Services Agreement with SCI Consulting Group to Provide Professional Services for the Preparation of a Storm Water Management & Drainage Funding Report Staff Contact: Sandra Hernandez, Associate Engineer, Engineering Department 2022/01/18 City Council Post Agenda Page 90 of 415 RESOLUTION NO. 2021-041 RESOLUTION OFTHECITYCOUNCILOFTHECITYOF CHULAVISTAAMENDING THE FISCALYEAR 2020/21CIP PROGRAM BUDGET TOESTABLISH ANEW CAPITAL IMPROVEMENT STORM WATER MANAGEMENT ANDDRAINAGE FUNDING REPORTAND PUBLIC OUTR(DRN0218); ANDAPPROPRIATING 100,000 FROM THEGENERAL FUNDRESERVES TOCIP DRN0218 WHEREAS, onJune 18, 1991, the CityCouncil adopted Ordinance No. 2463 establishing aStorm Drain Feeandcorresponding Storm Drain Revenue Fundtofinancethe maintenance of nicipalSeparate StormSewer System MS4), andfundtheprogram managementand implementation costsassociatedwiththe compliance oftheunfunded federalandstate mandate ofthe Regional WaterQuality Control Board NationalPollutant Discharge Elimination System (NPDES) Permit, issuedonJuly16, 1990; and WHEREAS, theStorm Drain Feehasnotbeen increased since 1991 butthecostof increased duetotheaging infrastructure andtheincreased programmaticcostsforcompliancewiththeNPDES Permit, whichnowfarexceed therevenue collected fromtheStormDrainFee; and WHEREAS, City staffrecommends establishing anewCapital Improvement Project and retaining aconsultantto prepareaStorm WaterManagement andDrainage Funding Report Report) to analyzeandproviderecommendationsregarding thecurrent andprojected funding shortfall betweenthe coststocomplywith NPDES Permit andthe revenue collected from the StormDrain Fee. NOW, THEREFORE, BEITRESOLVED bytheCityCounciloftheCity ofChulaVista that it amendstheFiscalYear 2020/21CIP Program Budget toestablish aNew Capital ImprovementProject: Storm Water Management andDrainage Funding Report andPublic Outreach (DRN0218), and appropriates $100,000 from theGeneralFundReserves toCIP DRN0218. SIGNATURES ONTHEFOLLOWINGPAGE\] 2022/01/18 City Council Post Agenda Page 91 of 415 Resolution No. 2021-041 Page No. 2 Presentedby Approved as toformby William S. Valle Glen R. Googins Director ofEngineering & CapitalProjects CityAttorney PASSED, APPROVED, andADOPTED bytheCityCounciloftheCityofChulaVista, California, this2nddayofMarch2021bythefollowing vote: AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, andCasillasSalas NAYS: Councilmembers: None ABSENT: Councilmembers: None MaryCasillasSalas, Mayor ATTEST: Kerry K. Bigelow, MMC, CityClerk STATE OFCALIFORNIA ) COUNTY OFSANDIEGO ) CITYOF CHULAVISTA ) I, KerryK. Bigelow, CityClerkofChula Vista, California, dohereby certify that the foregoing Resolution No. 2021-041 wasdulypassed, approved, andadoptedby theCityCouncil ata regularmeeting oftheChulaVistaCityCouncil heldonthe2nddayofMarch 2021. Executed this2ndday ofMarch2021. Kerry K. Bigelow, MMC, City Clerk 2022/01/18 City Council Post Agenda Page 92 of 415 1 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH SCI CONSULTING GROUP TO PROVIDE PROFESSIONAL SERVICES FOR THE PREPARATION OF A STORM WATER MANAGEMENT & DRAINAGE FUNDING REPORT This Agreement is entered into effective as of January 11, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and SCI CONSULTING GROUP, a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, in 1991, City Council passed Ordinance No. 2463 establishing the Storm Drain Fee and the Storm Drain Revenue Fund by adding Chapters 3.21 and 14.16 to the Chula Vista Municipal Code, with two primary objectives: (1) maintenance of the storm drain system, and (2) compliance with the National Pollutant Discharge Elimination System (NPDES) Permit; and WHEREAS, in prior fiscal years, the Storm Drain Revenue Fund has not collected enough funds for (1) maintenance of the storm drain system or (2) compliance with the NPDES Permit without supplemental funding; and WHEREAS, on March 2, 2021, City Council approved Resolution No. 2021-041 to establish a new Capital Improvement Project (DRN0218) and appropriate $100,000 thereto in order to allow staff to retain a consultant to prepare a Storm Water Management and Drainage Funding Report (“Report”); and WHEREAS, on August 20, 2021, the City advertised a Request for Proposals (RFP) for professional services of qualified proposers to prepare a Storm Water Management & Drainage Funding Report; and WHEREAS, City received five (5) proposals from consultant teams interested in providing such services; and WHEREAS, after the consultant selection process, staff recommended awarding a contract to Consultant based on their direct experience analyzing existing stormwater program revenues and expenditures, and identifying, developing, and implementing successful and comprehensive long-term revenue approaches; and WHEREAS, the consultant selection process was conduted in accordance with Chula Vista Municipal Code Section 2.56.110(C) for Professional Services; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/01/18 City Council Post Agenda Page 93 of 415 2 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/01/18 City Council Post Agenda Page 94 of 415 3 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/01/18 City Council Post Agenda Page 95 of 415 4 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/01/18 City Council Post Agenda Page 96 of 415 5 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “exten ded reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to th e extent required by California Civil Code section 2782.8. 2022/01/18 City Council Post Agenda Page 97 of 415 6 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/01/18 City Council Post Agenda Page 98 of 415 7 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/01/18 City Council Post Agenda Page 99 of 415 8 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/01/18 City Council Post Agenda Page 100 of 415 9 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/01/18 City Council Post Agenda Page 101 of 415 10 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SCI CONSULTING GROUP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JOHN W. BLISS MARY CASILLAS SALAS PRESIDENT MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/01/18 City Council Post Agenda Page 102 of 415 11 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Sandra Hernandez, Associate Engineer 276 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2314 shernandez@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: SCI CONSULTING GROUP Valerie Flores 4745 Mangels Boulevard, Fairfield, CA 94534 (707) 430-4300 valerie.flores@sci-cg.com For Legal Notice Copy to: John Bliss 4745 Mangels Boulevard, Fairfield, CA 94534 (707) 430-4300 John.bliss@sci-cg.com 2. Required Services A. General Description: Consultant will provide Professional Services to prepare a Storm Water Management & Drainage Funding Report (“Report”) to explore different sources of funding, including the Storm Drain Fee, approved by City Council in 1991, to meet the increasing needs of the City’s Storm Water Program. The Report will provide a multi-year plan with a recommendation for Storm Drain Fee rate structure and potential customer impact. B. Detailed Description: Consultant shall furnish all services as required to prepare the Report that will include the following tasks: 1. Identify and Define the Current Storm Water Management Program Requirements and Costs a. Identify and define the Storm Water Management Program’s (Program) goals, needs, and priorities. Shall review all pertinent documents related to program implementation and storm water regulations that apply to the City of Chula Vista. Shall review budget history for 2022/01/18 City Council Post Agenda Page 103 of 415 12 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 implementation of the Program, including costs for compliance with regulations and the City’s Capital Improvement Program (CIP) budget. i. Literature Review:  Chula Vista Storm Water Asset Management Program documents including: o 2016 Drainage Management System – Asset Management Plan to include funding for drainage facilities o 2004 Drainage Master Plan o City of Chula Vista GIS data available on the City's website  Storm Water Program Management documents o BMP Manual, March 2019 Update o Trash Amendments o City of Chula Vista Jurisdictional Runoff Management Plan (JRMP) and JRP Annual Reports - Fiscal Analysis o San Diego Bay (SDB) Water Quality Improvement Plan o Relevant Regulations o NPDES Requirements that the State Board might issue for the new Permit  Operating and capital budgets for the Program and for the CIP Program 2. Funding Options a. Evaluate current funding mechanisms and funding structure and make recommendations for improvement, including but not limited to funding methodology, revenue sources, debt financing, grants, etc. b. Provide the analysis for the following fee baseline and cost recovery options. Consultant will provide additional options as needed: i. Baseline: Current level of service (Year 2021) with comparisons to other San Diego County local agencies with storm drain fees as available ii. Option 1: Full Cost Recovery for Program, the Maintenance & Operation (M&O), and funding for Storm Drain CIPs iii. Option 2: Full Cost Recovery for the Program to meet minimum regulatory requirements and costs recovery of Maintenance & Operation (M&O) iv. Option 3: Full Cost Recovery for the Program to meet minimum regulatory requirements v. Option 4: Identify what services will be covered by the Storm Drain Fee, if the fe e were updated, for inflation since inception of the fee and moving forward with no “Catching up” factor c. Identify and recommend other options for funding other than Options 1 through 4 identified in 2.b (above), propose recommended option(s) along with their pros and cons, and prepare appendix and/or table comparison of overall proposed storm drain fee options above to other existing local agencies with storm drain fees. Include table showing typical customer baseline fee comparison to new proposed fee options for typical customer types (e.g. single family residential, commercial, industrial, etc.) (Note that the Storm Drain Fee is collected as separate part of the Sewer Bill). 3. Policy Map a. Develop a Program Plan to implement the recommendations made to recover the storm water costs from users, including at a minimum how delinquent accounts may be enforced and how future fee updates will be implemented. b. Identify and review legal considerations and recommend policies and ordinances that need to be adopted by the City to implement the various fee options. c. Provide a recommended public and stakeholder involvement and outreach plan and the estimated implementation cost for this plan. 2022/01/18 City Council Post Agenda Page 104 of 415 13 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 d. Conduct preliminary review of available billing technology and provide summary along with pros and cons of each one. e. Recommend necessary changes to City Ordinances and policies to implement proposed rate structure options. 4. Financial Model a. Identify and determine one-time implementation costs and ongoing administration costs for proposed financial model. b. Develop a multiyear financial plan (minimum of 5 years) for the Options identified in 2b (above) with additional 10 years. 5. Billing Units a. Review available data (e.g. parcel data, aerial data, etc.) b. Define user fee methodology. c. Evaluate customer classifications and billing units. d. Recommend customer classification and billing units providing a full analysis including but not limited to equitability of each type and cost implementations. e. Evaluate and recommend policies such as reserve policies (e.g. capital stabilization, emergency funds, etc.). 6. Rate Structure (adequacy & equitability) a. Determine rates taking into consideration total annual revenue requirements, allocated costs of service, and compliance with state guidelines. b. Analyze the billing impact to each user class and provide examples of each. c. Provide comparison to other California storm drain fees. d. Identify expense components that may qualify as a Pass-Through Fee. e. Consider collectable amounts vs. an assessment amount. 7. Credit Program a. Recommend a policy for issuing credits and incentives for potential storm drain fee reductions. 8. Evaluation of Fee Approval Methodology a. Provide an evaluation of the methods available for fee approval, specifically Proposition 218 with and without the use of SB231 which defines the Storm Drain System as a type of sewer system. b. Recommend an approach for fee approval. 9. Meetings  Kickoff meeting  Meeting with Public Works and Finance Staff to discuss their departments’ needs  Monthly team meetings with the Consultant and City staff (1 meeting per month)  Meeting with City Staff to discuss 100% Draft of the Report  Stakeholder group meetings (minimum 2 meetings)  1st Council Meeting to present findings of report  2nd Council Meeting to answer questions from City Council and public 10. Deliverables  50% Draft of the Report  90% Draft of the Report  100% Draft of the Report  Final Report At a minimum, the Report shall include the following topics: o Background and Purpose o Description of quality control and assurance measures including a review of applicable regulations o Fee Structure and Design 2022/01/18 City Council Post Agenda Page 105 of 415 14 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 o Review of other funding sources o Annual revenue requirements o Financial Model o Recommendation for implementing the fee with cost estimate: Provide the next steps in implementing the fee including the estimated cost for these steps, including public outreach needs (e.g. citizen action committee), fee approval process, and billing implementation  Following the City’s review and approval of the final draft of the Storm Water Management & Drainage Funding Report, the Consultant will provide to the Chula Vista Project Manager (which will be identified by the City during the Kick-off Meeting) the following of the final version of the Report: o One (1) “Reproducible” hard copy printed on one side only and clipped together (not bound) to facilitate copying o Twelve (12) bound hard two-sided copies to be presented to various City leaders and to be made available to the public o The Consultant will provide a master electronic copy of the text document in word format, an ArcView GIS format of the graphics and a copy, in PDF format, on thumb drive for future duplicating needs o All models used to develop unit costs, graphics, and design rates will become the property of Chula Vista and must be compatible with Microsoft Office 2010 or higher 11. Schedule The Consultant will have ten (10) months from the Kick-off Meeting to provide a completed Report and attend required meetings. The schedule can be updated if both parties agree to the new task dates, otherwise the following schedule will prevail. Task Date Kick-off meeting & initial staff interview January 2022 Additional staff interviews and data collection February 2022 Financial Analysis, follow up questions to staff February 2022 /March 2022 Billing Unit Analysis 50% complete March 2022 Complete Financial Analysis, Billing Unit Analysis, Rate Structure and present to staff By April 25, 2022 First stakeholder group meeting May 2, 2022 Fee Report and Policy map 50% complete May 16, 2022 Second stakeholder group meeting June 6, 2022 Fee Report 90% complete, obtain staff feedback, finalize Policy Map June 13, 2022 Finalize Fee Report July 12, 2022 Present Fee Report to City Council September 13, 2022 Second City Council Meeting October 2022 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 11, 2022 and end on December 31, 2022. If performance of the Required Services are in progress at the expiration date of this Agreement, term of the Agreement may be extended by administrative amendment for a time period needed to complete the in-progress Required Services. 4. Compensation: 2022/01/18 City Council Post Agenda Page 106 of 415 15 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Company Name Title Hourly Rate Consultant Markup SCI Consulting Group John Bliss President $275 - SCI Consulting Group Jerry Bradshaw Senior Engineer $255 - SCI Consulting Group Susan Barnes Senior Consultant $195 - SCI Consulting Group - Administrative Support $70 - Larry Walker Associates Karen Ashby NPDES Task Lead $304 10% Larry Walker Associates Paul Hartman NPDES Task Advisor $279 10% Larry Walker Associates Airy Krich-Brinton NPDES Task Support $215 10% B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Item Cost Mileage IRS Standard Mileage Rate Delivery Expenses Actual Cost Reproduction Expenses Actual Cost Travel Expenses Actual Cost Property data Actual Cost Maps Actual Cost Other direct costs require written pre-approval by the City Actual Cost Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2022, or the extended Term date as authorized by Exhibit A, Section 3 above, whichever is later, shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00). 5. Special Provisions: ☒ Permitted Sub-Consultants: Larry Walker Associates 2022/01/18 City Council Post Agenda Page 107 of 415 16 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/01/18 City Council Post Agenda Page 108 of 415 17 City of Chula Vista Agreement No.: 2021-108 Consultant Name: SCI CONSULTING GROUP Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Sandra Hernandez 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/01/18 City Council Post Agenda Page 109 of 415 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT WITH SCI CONSULTING GROUP TO PROVIDE PROFESSIONAL SERVICES FOR THE PREPARATION OF A STORM WATER MANAGEMENT AND DRAINAGE FUNDING REPORT WHEREAS, in 1991, City Council passed Ordinance No. 2463 establishing the Storm Drain Fee and the Storm Drain Revenue Fund with two primary objectives for the fund: (1) maintenance of the storm drain system, and (2) compliance with the National Pollutant Discharge Elimination System (NPDES) Permit; and WHEREAS, in previous fiscal years, the Storm Drain Revenue Fund has not collected enough funds to implement the Storm Water Management Program or adequately fund drainage Capital Improvement Program (CIP) projects to replace, repair, maintain, and operate aging drainage infrastructure; and WHEREAS, on March 2, 2021, the City Council approved Resolution No. 2021-041 establishing a new Capital Improvement Project: Storm Water Management and Drainage Funding Report and Public Outreach (DRN0218), and appropriating $100,000 thereto, to allow staff to retain a consultant to prepare a Storm Water Management and Drainage Funding Report to address the current and projected funding shortfalls of the City’s Storm Water Management Program; and WHEREAS, Chula Vista Municipal Code section 2.56.110 authorizes the procurement of contracts for professional services and provides the selection process for awards of such contracts; and WHEREAS, on August 20, 2021, the City advertised a Request for Proposals (RFP) for professional services of qualified proposers to prepare a Storm Water Management and Drainage Funding Report and City received five (5) proposals in response to the RFP; and WHEREAS, after completing the selection process, City staff recommends award of a contract to SCI Consulting Group due to, among other factors, their direct experience analyzing existing stormwater program revenues and expenditures, and identifying, developing, and implementing successful and comprehensive long-term revenue approaches. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the City of Chula Vista Consultant Services Agreement with SCI Consulting Group to Provide Professional Services for the Preparation of a Storm Water Management and Drainage Funding Report, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor or designee to execute same. 2022/01/18 City Council Post Agenda Page 110 of 415 Resolution No. Page 2 Presented by William S. Valle, P. E. Director of Engineering & Capital Projects Approved as to form by Glen R. Googins City Attorney 2022/01/18 City Council Post Agenda Page 111 of 415 From: Raul Tellez <ralocat@sbcglobal.net> Sent: Tuesday, January 18, 2022 2:02 PM To: Andrea Cardenas <acardenas@chulavistaca.gov> Cc: Mary Salas <MSalas@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; stussy@republicservices.com; Jill Galvez <jmgalvez@chulavistaca.gov> Subject: HIGH PRIORITY - Credit for trash service Good afternoon, I am a constituent of the District 4 community. Council-member Galvez and Mayor Salas advised the public to email the City of Chula Vista to request a credit for trash services since we did not receive services for nearly four weeks. This information was presented to Republic Services Vice President, Richard Coupland during a recent city council meeting. Yesterday on MLK Day, Republic trash called me on a collection's automated system stating that I was late in paying my trash bill. I refuse to pay for something given the current situation and not receiving services for weeks. I tried to email Jon Vander Ark, CEO of Republic out of Phoenix, but I could not locate his email. Please confirm you received this email and that I will be credited from Republic trash for one month of trash service. Warning: External Email mailto:ralocat@sbc global.net mailto:acardenas@chula vistaca.govmailto:MSalas@chula vistaca.gov mailto:CityClerk@chula vistaca.govmailto:stussy@republics ervices.com mailto:jmgalvez@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 112 of 415 My Republic Service account number is 3-0509- 0020791. Thank you, Raul 619) 253-2400 mobile 2022/01/18 City Council Post Agenda Page 113 of 415 From: John Zarem <john.zarem@gmail.com> Sent: Tuesday, January 18, 2022 2:41 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Re: comment on city council meeting Ok, thanks, Let me know if the following works. I have a class tonight so I can't attend. Mayor and Council- Can something be done about the SeeClickFix system? As a Park Commissioner I am often out and about in the parks and open space (at least five times a week). I take pictures and report any issues that I can't fix myself. Often, at least 40% of the time, the SeeClickFix service requests are closed as 'resolved' when no actual work has been done. The latest issue- Service Request ID: 21_008581; DESCRIPTION - GRAFFITI ON SIDEWALK AND PARKING AREA.. 5TH PARKING SPACE FROM THE END @ VOYAGER PARK City of Chula Vista wrote: Thank you for playing an active role in maintaining safe streets and neighborhoods. Your request for service (#21_008581) has been deemed resolved. I checked it yesterday, nothing was resolved, no work has been done. Pic attached. I have many SeeClickFix tickets that this happens to. I have reported this to staff but nothing was done so I'm elevating it here. Thanks, John Zarem, Chair Parks and Rec Commission Warning: External Email mailto:john.zarem@ gmail.com mailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 114 of 415 2022/01/18 City Council Post Agenda Page 115 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Sunbow II Land Use Amendments: Amendments to the General Plan, the Sunbow II General Development Plan, and the Sunbow II Sectional Planning Area Plan to Rezone an Existing Vacant Parcel from Industrial to Residential Use Resulting in 718 New Units Report Number: 22-0050 Location: Sunbow, Southeast corner of Brandywine Avenue and Olympic Parkway Department: Development Services Environmental Notice: Environmental Impact Report (EIR20-0002) has been prepared. Recommended Action Conduct a public hearing and consider adopting: A) Resolution making certain findings of fact; adopting a Statement of Overriding Considerations; adopting a Mitigation Monitoring and Reporting Program and certifying the Final Environmental Impact Report (EIR-20-0002; SCH No. 2020110148) for the Sunbow II, Phase 3 Sectional Planning Area Plan, Sunbow II General Development Plan Amendment and Tentative Map pursuant to the California Environmental Quality Act; B) Resolution approving amendments to the Chula Vista General Plan (MPA20-0012) and the Sunbow II General Development Plan (MPA20-0013) to reflect land use changes for approximately 135.7 acres within the Sunbow II, Phase 3 Planned Community, including associated text, maps and tables; C) Resolution amending the Sunbow II Sectional Planning Area Plan (MPA20-0006) to update Chapters 10.0 to 17.0, to describe and define the amended land use for Sunbow II, Phase 3 and incorporate the development regulations and design guidelines specific to this Project; D) Ordinance approving the Sunbow II, Phase 3 Project to rezone from limited industrial to residential uses allowing up to 534 multi-family medium-high-density dwelling units and 184 multi-family high density residential dwelling units on six parcels, a 0.9-acre Community Purpose Facility site, on-site streets, open space and MSCP Preserve Open Space (FIRST READING); E) Resolution approving Tentative Subdivision Map CVT20-0002 (PCS20-0002) for a 135.7-acre site for 718 multi-family residential units, known as the Sunbow II, Phase 3 Project; and F) Ordinance approving a Development Agreement between the City of Chula Vista and ACI Sunbow, LLC (MPA21-0014) for the Sunbow II, Phase 3 Project (FIRST READING). 2022/01/18 City Council Post Agenda Page 116 of 415 P a g e | 2 SUMMARY In January 2020, the Chula Vista City Council approved a Community Benefit Agreement (the “CBA”) to allow ACI Sunbow, LLC, the owner of an undeveloped site in the Sunbow master planned community, to process entitlements to consider changing the land use from limited industrial to residential. This site was formally marketed as the “Sunbow Business Park” and is generally located southeast of the intersection of Brandywine Avenue and Olympic Parkway. Subsequently, in February 2020, an application was submitted requesting land use amendments to allow up to 718 multi-family residential units within a 135.7-acre area. In addition to the residential units, the land is proposed for Multiple Species Conservation Program Preserve land, a Community Purpose Facility site, manufactured slopes and basins, Poggi Creek Conservation Easement areas, a wetland resource preservation area and associated infrastructure. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report, EIR20-0002 and associated Mitigation Monitoring and Reporting Program. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On July 28, 2021, the Planning Commission voted 6-0, with one Commissioner absent, to recommend the City Council deny the Project (Attachment 10, Planning Commission Minutes Resolution). Letters of opposition received by the Commission are also included in Attachment 10. The Planning Commission cited the following reasons for their recommendation: • Maintaining the industrial land uses on the Project Site as identified in the General Plan is important to achieving a jobs/housing balance and economic vitality within the City of Chula Vista. • The financial and other benefits negotiated in the proposed Development Agreement do not outweigh the lost value of the industrial land designation. • The Project, as presented, is not in the best overall interests of the City considering the proposed close proximity of residential land uses to the landfill and the lack of commercial/industrial development opportunities. • The Project as proposed is one hundred percent residential and they are interested to see further evaluation as to whether a mix of uses could work on the site. DISCUSSION In 1990, the City of Chula Vista authorized development of the 604.8-acre Sunbow II Sectional Plan Area (the “SPA”). The adopted Sunbow II SPA Plan established the land use districts, special uses and conditions, comprehensive sign regulations, off-street parking requirements and administrative procedures for development and implementation of the Sunbow community (Attachment 1, Summary of Prior Approvals). Since that time, all land has been developed except for the subject vacant parcel, which is referred to as Sunbow II, Phase 3. The parcel was identified as a 46.0-acre Industrial Park, Planning Area 23 (“PA23”), in the adopted Sunbow II SPA Plan. 2022/01/18 City Council Post Agenda Page 117 of 415 P a g e | 3 Site History & Necessity of Amendments ACI Sunbow, LLC (the “Applicant” or “Owner”) has been marketing the PA23 property for industrial uses since the early 2000s. Due to the topography of the land, the entire site must be graded at the same time. According to the Owner, this has been challenging as most industrial users have expressed interest in a 5 - 10-acre site, however it is difficult to find an end user or developer willing to purchase all developable acres in PA23 and undertake the site preparations necessary for an end user. The Owner initiated similar efforts to rezone the property in 2004 in conjunction with the City’s General Plan Update and subsequently in 2009, however neither effort was brought forward for discretionary action. On January 7, 2020, the Chula Vista City Council approved the CBA between the City of Chula Vista and the Owner to allow initiation of the entitlement process to consider the conversion of the PA23 land to residential uses (approved via Resolution No. 2020-003) [Attachment 2, Community Benefit Agreement (ACI Sunbow, LLC 1-7-20)]. Per the CBA, the Owner would provide $8.0 million in funding (the “Job Enhancement Funds”) that can be used by the City to direct the construction of either: 1. Class “A” office building(s) that would facilitate high quality job enhancement uses along the SR-125 corridor on City or non-profit owned land. 2. Commercial/academic building(s) that can facilitate either academic or private-sector market-rate project(s) to advance the vision of the University Innovation District (such as enabling the development of an Institute for International Studies). 3. Some other notable project at the City’s discretion. In order to receive the Job Enhancement Funds, the CBA requires City approval of all stated entitlements for development of the Project Site (as defined below), including a General Plan Amendment (“GPA”), General Development Plan (“GDP”), SPA amendment, Development Agreement, and vesting tentative map. As part of the CBA, the City reserved its right to exercise discretion as to all matters that the City is by law entitled or required to exercise its discretion with respect to the entitlements, including, but not limited to CEQA and other similar laws. This includes reserving the full discretionary authority of the Planning Commission and the City Council to consider the proposed entitlements at a future public hearing, with the benefit of environmental review, plans, technical studies, and full staff analysis. Proposed Amendments On February 26, 2020, the Applicant submitted an application requesting amendments to the area generally located southeast of the intersection of Brandywine Avenue and Olympic Parkway (Attachment 3, Locator Map). Based upon more precise engineering currently available, the Sunbow II, Phase 3 development area acreage has been refined and encompasses 67.5 acres, with the remaining 68.2 acres designated as Multiple Species Conservation Program (“MSCP”) Preserve land, Poggi Creek Conservation Easement areas and a conserved wetland resource area (the “Project Site”), and as proposed would include: Development Area (67.5 acres) • 44.2 acres of residential (718 units on 6 parcels) • 0.9-acre Community Purpose Facility (“CPF”) site • 5.9 acres of public streets • 16.5 acres of manufactured slopes and basins 2022/01/18 City Council Post Agenda Page 118 of 415 P a g e | 4 Open Space Land (68.2 acres) • 4.3 acres of proposed Poggi Canyon Easement areas • 0.3-acre conserved wetland resource area • 63.6 acres of adjacent MSCP Preserve areas The application includes a proposed MSCP Boundary Line Adjustment, which would modify the limits of the Sunbow II, Phase 3 development area and increase the MSCP Preserve area by approximately 0.09 acres. The Applicant is proposing to rezone the developable PA23 land from limited industrial to residential uses, allowing up to 534 multifamily medium-high-density and 184 multifamily high-density residential dwelling units (718 total units) on six parcels (the “Project”). Compliance with Council Policy No. 400-02 (Public Participation) A virtual Community Meeting was held by the Applicant on March 24, 2021 via the platform, Zoom. The City’s project manager attended the meeting along with over 30 members of the public. The Applicant provided a project briefing and community members asked various questions and voiced concern related to vehicular traffic, traffic noise, on-site wildlife movement, schools, and water seepage issues from the Robinhood Point Homeowners Association. Residents/property owners within 500-feet and Homeowners Associations within 1,500-feet of the Sunbow II, Phase 3 Project Site were notified of the Community Meeting. Community members attending the meeting primarily indicated opposition to the project. Project Analysis FEIR 20-0002 CEQA Section 21002 requires that an Environmental Impact Report (“EIR”) identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid these effects. EIR20-0002, was prepared and assigned a State Clearinghouse identification number (SCH No. 2020110148) to analyze such impacts of the Project (Attachment 4, Environmental Impact Report EIR 20-0002). As required, the following public review periods were provided: • Notice of Preparation pursuant to Section 15082 of the CEQA Guidelines (November 9, 2020 – December 9, 2020) • Notice of Availability of the Draft EIR (March 15, 2021 – April 28, 2021). Pursuant to Public Resources Code (“PRC”) Section 21081 (b) and CEQA Guidelines Section 15093(a) and (b), the decision-making agency is required to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the specific benefits of a project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 CCR 15093[a]). EIR20-0002 and associated Mitigation Measures and Reporting Program (“MMRP”) were prepared for the Project and concluded that the Project could result in significant effects on the environment regarding: biological resources; cultural and tribal cultural resources; geology and soils; hazards and hazardous materials; public services; recreation; and wildfire (Attachment 4a, EIR Appendices – Appendix M: MMRP). The City finds that the inclusion of certain mitigation measures as part of the approval of the proposed project would reduce most, but not all, of those effects to less-than-significant levels. Those impacts that are not reduced to less-than-significant levels are identified and overridden due to specific benefits of 2022/01/18 City Council Post Agenda Page 119 of 415 P a g e | 5 the project (Attachment 5, EIR20-0002 Findings of Fact and Statement of Overriding Consideration). These impacts include the following items in Greenhouse Gas Emissions: • Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. • Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. During the public review period, five comments were received. In accordance with CEQA Guidelines Sections 15088 and 15204, the Applicant has evaluated the comments and prepared written responses describing the disposition of any significant environmental issues raised (Attachment 4, Environmental Impact Report EIR 20-0002 – Section 1.1, Preface Response to Comments). On June 16, after the close of the public comment period, Caltrans sent the City a comment letter raising the following issues regarding the I-805 interchange and off ramp intersections: • Recommendation that the Adaptive Traffic Signal Control (“ATSC”) be a project mitigation instead of a fair share contribution. • Alternative improvements should the ATSC not be implemented. • Request for additional information on existing storage, queue length and impacts at the I-805 off ramps in the Transportation Impact Analysis (“TIS”). • Suggested additional improvements to enhance pedestrian and bicycle infrastructure. The Applicant prepared a response and City staff has met with Caltrans and believes the concerns have been adequately addressed and will not result in any changes to the EIR or MMRP (Attachment 4b – Caltrans Letter and Applicant Response). While the CEQA analysis concluded that no significant adverse environmental impacts exist in the Health Risk Assessment related to the Otay Mesa Class III landfill located south and southeast of the site (the “Landfill”), this site in part was originally approved for industrial use due to its proximity to it. Pursuant to the Agreement Between the County of San Diego and the City of Chula Vista Regarding Jurisdiction Over and Operation of Otay Landfill, entered into as of May 15, 1996, and in order to maintain the public health and safety of potential residents surrounding the Landfill, the City established a 1,000-foot buffer around the Landfill in the General Plan (the “Landfill Buffer”). The Amended and Restated Otay Landfill Expansion Agreement, effective August 12, 2014, (the “A&R Expansion Agreement”) further refined the concept of the Landfill Buffer. Per the A&R Expansion Agreement, “To the maximum extent allowed by law, and consistent with City land use policies, City shall not allow the construction of residential units on properties within 1,000 feet of the active area [emphasis added] of the Otay Landfill…however, the southern boundary edge for this area may shift over time in [a northerly direction]. Similarly, Otay agrees that it shall keep the active area of the Landfill at least 1,000 feet away from any constructed residential units.” The “active area” concept has been employed in the proposed approvals for the Project (see Tentative Map discussion beginning on page 9 of this report). No residential uses may be approved within the buffer without a General Plan Amendment. In conformance with the General Plan, all residential uses in the proposed Project are outside the 1,000-foot buffer area. 2022/01/18 City Council Post Agenda Page 120 of 415 P a g e | 6 As part of the EIR process the Project was reviewed under the Phase I Environmental Site Assessment and the Health Risk Assessment in the EIR MMRP. The project site was further analyzed under a limited soils vapor investigation performed by Geosyntec in January 2020 to address potential environmental concerns related to the operation of the Landfill. The soil vapor investigation conducted on January 24 and 27, 2020 documented methane was not detected in the samples, indicating that the landfill gas control system (LFGCS) is effectively controlling the migration of methane from the Landfill. In addition, the Landfill is equipped with a landfill gas control system (LFGCS) and a perimeter probe monitoring network which is routinely monitored under the direction of the County of San Diego Local Enforcement Agency. Current estimates indicate that the Landfill will be decommissioned in 2030. Chula Vista General Plan (MPA20-0012) The Chula Vista GP identifies Sunbow as being an efficient self-contained village. The Applicant’s proposed amendments will remain consistent with the Chula Vista General Plan Land Use & Transportation, Economic Development, Housing, Public Facilities & Services, Environmental and Growth Management objectives and policies (Attachment 6, Chula Vista General Plan Amendment Justification Report). In order to analyze the impact of industrial land use conversion on other uses within the City, the City contracted with HR&A Advisors, Inc. to provide an analysis of industrial uses [Attachment 6, Chula Vista General Plan Amendment Justification Report - Attachment B: Sunbow II, Phase 3 Market and Financial Analysis of Industrial Use (HR&A 2021)]. The study summarizes the existing land available for industrial uses and provides an overview of the South Bay region market, future demand for such uses and resulting anticipated surplus or deficit within Chula Vista. This effort included an extensive examination at a parcel level of the existing land uses within the City that could potentially be developed for industrial use based on current zoning, as well as environmental and developable land considerations. A summary of the key findings includes: • Analysis of Industrial land: o Approximately 428 acres of Chula Vista’s land with industrial zoning is developable. Given a range of floor-area-ratios from 0.25 to 0.40, this land could accommodate 4.7 to 7.5 million square feet (SF) of development. o Chula Vista currently has enough developable land to accommodate projected growth in industrial employment through 2050. The City could see an increase in industrial employment of 1,475 to 3,125 new jobs, demanding 118 to 239 acres of industrial land through 2050. If that amount of land were developed, the City would still have 190 to 311 acres of surplus vacant developable industrial land. o Industrial entitlements do not guarantee either industrial uses or job-intensive uses. For example, the Eastlake cluster of industrial zoned land currently contains 69 acres of non- industrial uses, including some such as gyms that have low employment densities. • The Project as currently approved for industrial land: o Represents 10 percent of Chula Vista’s remaining developable industrial land. The site contains approximately 42.5 developable acres, compared to 428 across the entire City. o Has both strengths and weaknesses with respect to marketability for industrial development. Easy freeway access via Olympic Parkway to I-805 could be attractive to an industrial developer, although other vacant industrial properties have similar proximity to a freeway (e.g., Eastlake’s access to SR 125). Compared with other properties, the Site is relatively 2022/01/18 City Council Post Agenda Page 121 of 415 P a g e | 7 distant from existing industrial clusters, with the nearest cluster—Main Street East—being a 3-mile drive from the Site. o Size would be an advantage for an industrial developer. The approximate 42.5 developable acres could accommodate large floorplates and truck maneuverability and support economies of scale. o Topographical variation on the site is a barrier to industrial development due to the expense and time associated with grading and associated site development preparation. The estimated cost for grading and infrastructure is approximately $27 million. o Industrial development on the Site is unlikely to be financially feasible. A land sale price above $20.48 per SF may be sufficient to earn the landowner a reasonable return; however, of the five comparable land sales in the past 2 years, with a range from approximately $11.50 to $18.00 per square foot, none met this threshold. Additionally, more than two decades of marketing the Site for industrial use has not yielded any development. Sunbow II General Plan Development Plan Amendments (MPA20-0013) Amendments to the Sunbow II GDP update the land use summary for the Sunbow II, Phase 3 area and eliminate various sections in the original report as development standards are included in the Sunbow II, Phase 3 SPA Plan Amendment (Attachment 7, Sunbow II General Development Plan Amendment Report). SPA Plan Amendments (MPA20-0006) The adopted Sunbow II SPA Plan, approved in 1990, established the vision for Sunbow and defined the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the Project. This Project updates Chapters 10.0 to 17.0, to describe and define the amended land uses for Sunbow II, Phase 3 and incorporate the development regulations and design guidelines specific to this Project (Attachment 4a, EIR Appendices – Appendix B: Sectional Planning Area Plan Amendment). The Project also includes revisions to planning documents associated with the 1990 Sunbow II SPA Plan as well as additional plans and studies currently required by the City of Chula Vista. Updated or new information supersedes the corresponding sections in the 1990 Sunbow SPA Plan. Some Project specific items of note in the proposed SPA include: • Community Purpose Facilities (“CPF”) – In accordance with Chapter 19.48 of the Chula Vista Municipal Code (“CVMC”) the Project generates the requirement for 3.2-acres of CPF land. The Project will provide a community recreation facility on 0.9-acres, with amenities in compliance with CVMC Section 19.48.040(B)(6), generally in the center of the development. The remaining 2.3-acre CPF requirement will be waived as defined in the Development Agreement, in order for the City to accept a “Community Purpose Facilities Benefit Funds” payment of $1.7 million to be utilized by the City to fund a community serving facility on land in the City’s western territories that would not otherwise have been available for such community service use. Payment shall be made prior to the issuance of the building permit for the 240th unit. • Parkland Acquisition and Development Fees/Quimby Fees (the “PAD Fees”) – In-lieu of PAD Fees due per CVMC Chapter 17.10, the Owner shall pay the City a “Park Benefit Fee” equal to the PAD Fees that would have otherwise been due pursuant to Chapter 17.10, using the PAD fee rates in effect as of the Effective Date of the Development Agreement. The Park Benefit Fees may be used to acquire or develop parkland within the City of Chula Vista, as the City deems appropriate and in the best interest of the City. 2022/01/18 City Council Post Agenda Page 122 of 415 P a g e | 8 • Design Review Approval – The Project shall be subject to the City of Chula Vista Design Review Process as set forth in CVMC Section 19.14.581 through 19.14.600, except that the Zoning Administrator shall have the authority for review and approval of any application/parcel with 200 or fewer multi-family residential units, as outlined in the Sunbow II, Phase 3 SPA Plan Amendment. The following appendices to the Sunbow II, Phase 3 SPA have also been prepared for the Project: • Plant Palette The SPA provides a list of acceptable plants that may be used in the Sunbow II, Phase 3 landscape. Provided as Appendix A to the SPA Plan, the Plant Palette was prepared with a focus on the landscape transitioning to a naturalized palette at the project perimeter to blend with the existing native character of the existing slopes and MSCP Preserve area located along the northern edge of the site. The plant palette is composed of durable and low water use/drought tolerant plants which are easily maintained (Attachment 4a, EIR Appendices – Appendix B: Sectional Planning Area Plan Amendment). • Public Facilities Financing Plan and Fiscal Impact Analysis The original Sunbow II Public Facilities Financing Plan (“PFFP”) was adopted by City Council Resolution No. 15525 on January 24, 1990. The preparation of the Supplemental PFFP is required in conjunction with the preparation of the Sunbow II, Phase 3 SPA Plan Amendment for the Project to ensure that the phased development of the Project is still consistent with the overall goals and policies of the GP, the City’s Growth Management Program, and the Sunbow II GDP to ensure that the development of the Project will not adversely impact the City’s Quality of Life Threshold Standards. The Sunbow II, Phase 3 Fiscal Impact Analysis (“FIA”) was also updated in January 2021. The results generated from the fiscal model meet the requirements of CVMC 19.09.040 and demonstrate that the proposed project will generate a fiscal surplus in all years as further described below in “Fiscal Analysis.” The Supplemental PFFP and updated FIA prepared for the Project meets the growth management policy objectives (Attachment 4a, EIR Appendices – Appendix B: Sectional Planning Area Plan Amendment). • Air Quality Improvement Plan Since approval of the Sunbow SPA Plan, the City has adopted changes to the Air Quality Improvement Plan (“AQIP”) guidelines consistent with the City’s Growth Management Program. The revised AQIP reflects changes in the Sunbow II, Phase 3 SPA Plan and changes in Building and Energy Codes. Applicable action measures contained in the City’s Climate Action Plan that apply to the Sunbow II, Phase 3 SPA Plan Amendment are addressed (Attachment 4a, EIR Appendices – Appendix B: Sectional Planning Area Plan Amendment). • Fire Protection Plan The Fire Protection Plan (“FPP”) prepared for the Project meets applicable Fire and Building Code requirements or offers alternative materials and methods for complying with the codes. The Project’s overall on-site fire potential would be lower than its current condition due to conversion of areas of wildland fuels to managed landscapes, managed fuel modification areas, improved accessibility to 2022/01/18 City Council Post Agenda Page 123 of 415 P a g e | 9 firefighting personnel and equipment, and new structures built to the latest ignition resistant codes (Attachment 4a, EIR Appendices – Appendix H3: Fire Protection Plan). • Water Conservation Plan The Water Conservation Plan (“WCP”) addresses the City’s Growth Management Ordinance (CVMC 19.09.050C) and Landscape Water Conservation Ordinance (CVMC 20.12) by reviewing available technology and practices to conserve water in residential settings (Attachment 4a, EIR Appendices – Appendix L3: Water Conservation Plan). Tentative Map for Sunbow II, Phase 3 (PCS20-0002) The subject Tentative Map (the “TM”) identifies lot numbers, gross acreage, land use, and allocates residential units for each parcel. The TM also provide notes for condominiums, fuel modification zones, waivers, etc. Street sections and street layouts ensure construction of the street and pedestrian connections envisioned in the SPA Plan. The TM includes twenty-two (22) lots for the development of 718 residential units (6 lots), a community purpose facility (1 lot), Poggi Creek Conservation Easement (3 lots), open space (9 lots), and open space preserve (3 lots) on the Project Site (Attachment 8, CVT20-0002 Tentative Map). In order to stabilize development at the southwestern corner of the proposed development and allow additional units to be built, a buttress is proposed. The buttress would encroach upon an approximate 15- foot by 470-foot (or approximately 7,200-square foot) area of City property that is designated for future park use. The City found that allowing the buttress on City-owned land would not significantly impact the future park design. Therefore, the City and Applicant agreed that in order to ensure the buttress is constructed and maintained by the Applicant, the Applicant will pursue the purchase of the property impacted by the buttress from the City, as more fully described in the Development Agreement. TM Condition Nos. 7 and 8 address Landfill proximity concerns. Condition No. 7 requires the recordation of a nuisance easement against the Property addressing noise, odor, and visual impacts from the Landfill (the “Nuisance Easement”). The Nuisance Easement will cover the entirety of the Project Site and will name the City and the County of San Diego as express beneficiaries. The Nuisance Easement must be recorded prior to issuance of the first residential building permit for the Project. While the southeastern portion of the Project Site encroaches into the 1,000-foot Landfill Buffer area, if measured from the shared property line, Condition No. 8 ensures that no residential units will be constructed within 1,000 feet of the Landfill’s active waste disposal area. This is similar to the approach employed for development of residential units in Otay Ranch Village 3 to the south of the Landfill, in which an active disposal area was defined via the A&R Expansion Agreement. Condition No. 8 provides that the City can temporarily withhold issuance of residential building permits for homes that would be located within 1,000 feet of the Landfill’s permitted limits of waste (the “Permitted Limit of Waste”), as reflected in the Landfill’s operating permit with the California Department of Resources Recycling and Recovery. Condition No. 8 establishes an outside date by which all residential units may be permitted of December 31, 2026. This is a firm outside date and is not subject to extension. Otay Landfill, Inc., (the “Landfill Operator”) has indicated to the City that they will have permanently ceased all waste disposal activities within 1,000 feet of the of the Permitted Limit of Waste by this date. In order to secure residential building permits sooner than December 31, 2026, the Developer has the option to enter into an agreement with the Landfill Operator to permanently cease waste disposal activities within 2022/01/18 City Council Post Agenda Page 124 of 415 P a g e | 10 1,000 feet of the Permitted Limit of Waste (the “Landfill Agreement”). Should the Developer pursue a Landfill Agreement, it must include a waiver of claims by the Landfill Operator against the City and the City must be designated as a third-party beneficiary, with the right, but not the obligation, to enforce each party’s performance obligations. The final form of the Landfill Agreement would be subject to approval by the Director of Development Services and the City Attorney. The Developer is not obligated to pursue a Landfill Agreement. As a final alternative, if the Developer is able to demonstrate to the satisfaction of the Director Development Services that the proposed homes are not within 1,000 feet of the current or future active waste disposal area of the Landfill, residential permits may be issued prior to December 31, 2026 without a Landfill Agreement. Sunbow II, Phase 3 Development Agreement (MPA21-0014) The amendments cause the need to enter into a Development Agreement with the Owner to ensure all required fees and ordinance requirements are being satisfied, inclusive and in replacement of the items set forth in the Community Benefits Agreement. California Government Code section 65864 et seq. authorizes cities to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. A development agreement is a contract negotiated between the project proponent and the public agency that specifies certain mutual benefits negotiated for a particular project and vests, subject to certain conditions in the agreement, the rights of the project applicant to develop the property under current land use regulations for a specified term. Through City Resolution No. 11933 (adopted in 1985), the City Council has determined that development of large projects within the City create unique and complex development considerations and that, in addition to the minimum requirements for development agreements contained in the Government Code, additional procedures and requirements for the consideration of development agreements shall be contained within each individual agreement. The Development Agreement presented here includes the requirements for development agreements contained in the Government Code, as well as additional procedures and requirements designed to address the unique and complex development considerations presented by the Project. The following discussion summarizes significant deal terms proposed in the Development Agreement [Attachment 9, Development Agreement (ACI Sunbow, LLC)] and describes the fundamental terms of the agreement. Significant Deal Terms • Jobs Enhancement Fund – City shall receive $8 million to direct construction for job enhancing uses in eastern Chula Vista as described in the “Site History & Necessity of Amendments” section above. • Affordable Housing Obligation – Extension and increased affordability of Villa Serena Senior as described in the “Housing Impact” section above. • Community Purpose Facilities Benefit Fund – Waiver of a portion of the 3.2-acre onsite CPF obligation (0.9 acres provided onsite and 2.3 acres waived) and payment of $1.7 million to the City as described in the “SPA Plan Amendments (MPA20-0006)” section above. • Park Benefit Fee – Owner shall pay such fee as described in the “SPA Plan Amendments (MPA20- 0006)” section above. 2022/01/18 City Council Post Agenda Page 125 of 415 P a g e | 11 • Purchase of Land – The Applicant shall pursue the purchase of property from the City at fair market value to construct and maintain the buttress as described under the “Tentative Map for Sunbow II, Phase 3 (PCS20-0002)” section above. Other Terms of the Agreement The Development Agreement contains the following additional major points: • The term of the Development Agreement will be fifteen (15) years, with two additional ten (10) year terms, at Owner’s sole option. • For the Term of the Development Agreement, the Owner shall have the vested right to develop the property pursuant to the Tentative Map, Development Agreement, and existing land use laws, regulations and policies. • The Development Agreement shall run with the land and benefit and bind future owners should the Owner sell or transfer ownership. Conclusion The General Development Plan for the 604.8-acre Sunbow Planning Community was adopted by the City Council in 1989. The Sunbow II, Phase 3 Industrial Park property is the last remaining undeveloped portion of the original Sunbow SPA Plan, which also includes a neighborhood commercial center, 1,977 residential dwelling units (1,128 single family and 849 multifamily), parks, and the City’s Fire Station No. 3. In 2004, the Applicant submitted a formal GPA request for the Project Site to change the land use designation to residential. That application was held in abeyance pending the City Council approval of the General Plan Update. The City Council approved the General Plan Update in 2005 and the land use designation remained Limited Industrial (IL). In 2009, the Applicant pursued the 2004 GPA application, and on May 13, 2009, the Planning Commission recommended the City Council deny the proposed amendment. The GPA was scheduled for City Council on June 2, 2009, but the application was withdrawn by the Applicant on the day of the public hearing. In April 2019, after approximately 30 years of what the Applicant describes as no interest from the market in investing in the public improvements and grading necessary to develop the Project Site for industrial uses, the Applicant submitted a request to initiate a GPA and rezone to develop approximately 700 multifamily dwelling units and an 8-acre commercial office development on the Project Site. As part of the review of the 2019 initiation request, staff questioned the economic viability and benefit to the City of an isolated office land use along with residential land uses. In response to these issues the Applicant prepared and submitted an Employment Projection Analysis and a Fiscal Impact Analysis. The Employment Projection Analysis concluded that commercial office uses in general produce a higher number of jobs than light industrial land uses. The fiscal analysis identified that a modest amount of commercial use would offset the fiscal impacts of a market rate housing development. In order to encourage development of viable employment lands in eastern Chula Vista that will also serve as a catalyst for development of a university campus, City staff asked the Applicant for alternative solutions to achieve the City’s goals and address the continued contention that the industrial development market cannot overcome the necessary site construction costs of the Sunbow industrial site. The result was the previously described CBA, which provides for the developer to contribute $8.0 million in Job Enhancement Funds which can be used by the City to direct the construction of either 1) a class “A” office building(s) that would facilitate high quality job enhancement uses along the SR-125 corridor on City or non-profit owned land; 2) Commercial/academic building(s) that can facilitate either academic or private-sector market-rate 2022/01/18 City Council Post Agenda Page 126 of 415 P a g e | 12 project(s) to advance the vision of the University Innovation District (such as enabling the development of an Institute for International Studies); or 3) some other notable project at the City’s discretion. Development of the Project Site for industrial uses is consistent with the General Plan and the City’s economic development goals. And, while the site is relatively distant from existing industrial clusters, the thought has been that its easy freeway access and size should make it an appealing site for industrial users. Further, the Project Site was originally designated as Limited Industrial largely because of its proximity to the active Otay Landfill. The greatest challenge to developing the site for industrial uses is the topographical variation of the site and the significant time and expense associated with grading and associated site development (estimated to total approximately $27 million). As described in the Industrial Lands Analysis, the City is currently projected to have sufficient developable land to accommodate projected growth in industrial employment through 2050, even with approval of this rezone. If a rezone is not approved, it is likely the site would remain undeveloped until market conditions move sufficiently to make development of the site for industrial uses economically feasible. On July 28, 2021, the Planning Commission unanimously recommended denial of the Project, with one commissioner absent, citing the following findings and concerns: 1) maintaining the industrial land uses on the site as identified in the General Plan is important to achieving a jobs/housing balance and economic vitality within the City; 2) the financial and other benefits negotiated in the proposed Development Agreement do not outweigh the lost value of the industrial land; and 3) the Project, as presented, is not in the best overall interests of the City in light of the close proximity of residential land uses to the Landfill and the lack of commercial/industrial development opportunities. The Planning Commission also noted their interest in exploring the feasibility of a mix of land uses on the Project Site, as opposed to the all residential development proposed. Since the City Council’s approval of the CBA in 2020, several relevant issues have evolved. In 2020, it had been 5 years since a significant rezoning of non-residential to residential was considered by the Planning Commission or the City Council (Freeway Commercial, approved in 2015). In 2020 and 2021, the rezone of both the 676 Moss Street Project and the Village 3 industrial site have been considered, and ultimately approved. In each circumstance, the Planning Commission voiced concerns related to the City’s jobs/housing balance and achieving our economic development goals. These were each also significantly smaller parcels than the rezone proposed with this action. Over this same period, demand for industrial land has increased and vacancy rates are declining. In addition, the City’s understanding of the challenges of residential development proximate to an active Landfill has grown, as we receive complaints from residents regarding odors, seagulls, and dust. Finally, the CBA was recommended with the unde rstanding that the Applicant would meet all other regulatory requirements. The Applicant has instead negotiated additional waivers and considerations through the proposed Development Agreement, as previously described. While an argument can be made for each variance requested, the granting of such additional waivers and considerations was not contemplated with the CBA. In summary, there are reasonable arguments that can be made in favor of the Project and reasonable arguments that can be made against the Project. Arguments in favor of the Project include: (1) historical challenges in developing the Project Site for industrial uses and the likelihood that the Project Site could remained undeveloped for some time until industrial development is economically feasible; (2) the conclusion that the City has adequate industrial land to meet our reasonably foreseeable needs through at least 2050; and (3) $8.0 million in Job Enhancement Funds to construct a Class “A” office building or other desirable use within the University Innovation District Master Plan area or within the SR-125 corridor. 2022/01/18 City Council Post Agenda Page 127 of 415 P a g e | 13 Arguments against the Project include: (1) the significant loss of industrial acres and associated employment, further exacerbating the City’s existing jobs/housing imbalance; (2) no new affordable housing units; (3) and the proximity of residential units to the Landfill. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT All application fees and processing costs are borne by the Applicant, resulting in no net impact to the General Fund or the Development Services Fund in the current fiscal year. ONGOING FISCAL IMPACT Based on the adjusted Fiscal Model, the proposed project is estimated to generate between approximately $46,461 and $270,928 per year in net City municipal revenues during the firs t 20 years of operation and a cumulative total net revenue of approximately $3.3 million over the same period, as summarized in the table below [Attachment 6, Chula Vista General Plan Amendment Justification Report - Attachment C: Sunbow II, Phase 3 Fiscal Impact Analysis (DPFG 2021)]. Projected General Fund Impact Year 1 Year 5 Year 10 Year 15 Year 20 Annual Revenues $ 278,400 $ 1,245,606 $ 1,430,915 $ 1,635,064 $ 1,928,194 Annual Expenditures (231,939) (1,108,535) (1,277,366) (1,451,182) (1,657,266) Annual Net Impact $ 46,461 $ 137,071 $ 153,549 $ 183,882 $ 270,928 Cumulative Net Impact $ 46,461 $ 499,639 $ 1,118,882 $2,017,747 $ 3,281,323 ATTACHMENTS 1. Summary of Prior Approvals 2. Community Benefit Agreement (ACI Sunbow, LLC 1-7-20) 3. Locator Map 4. Environmental Impact Report EIR 20-0002 a. EIR Appendices b. Caltrans Letter and Applicant Response 5. EIR20-0002 Findings of Fact and Statement of Overriding Consideration 6. Chula Vista General Plan Amendment Justification Report 7. Sunbow II General Development Plan Amendment Report 8. CVT20-0002 Tentative Map 9. Development Agreement (ACI Sunbow, LLC) 2022/01/18 City Council Post Agenda Page 128 of 415 P a g e | 14 10. Planning Commission Minutes Resolution 11. Resolution A - FEIR20-0002 Final Environmental Impact Report 12. Resolution B - MPA20-0012 General Plan Amendment and MPA20-0013 General Development Plan Amendment 13. Resolution C - MPA20-0006 Sunbow II, Phase 3 Sectional Planning Area Plan Amendment 14. Ordinance D - MPA20-0006 Rezoning the Sunbow II, PA23 Project Area 15. Resolution E - CVT20-0002 Tentative Map 16. Ordinance F - MPA21-0014 Development Agreement with ACI Sunbow 17. Written Communication for 8.10.21 City Council Meeting Staff Contact: Tiffany Allen, Director of Development Services Stacey Kurz, Project Manager, Development Services Department 2022/01/18 City Council Post Agenda Page 129 of 415 Attachment 1 Sunbow Prior Approvals The City of Chula Vista authorized development of the 604.8 acre Sunbow Planned Community upon approval of the following: • Sunbow II General Development Plan (GDP) approved by Resolution No. 15427 on December 5, 1989; • Sunbow II Public Facilities Financing Plan (PFFP) approved by Resolution No. 15525 on January 24, 1990; • Sunbow II Sectional Planning Area (SPA) Plan approved by Resolution No. 15524 on February 20, 1990; • Sunbow II Planned Community District Regulations and Land Use Distric t Map approved by Ordinance No. 2361 on February 27, 1990; • Sunbow II Design Guidelines approved by Resolution No. 15640 on May 22, 1990; • Sunbow II Tentative Subdivision Map (TSM 90-07) approved by Resolution No. 115640 on May 22, 1990; and • Sunbow II Affordable Housing Agreement approved by Resolution No. 18662 on May 13, 1997. 2022/01/18 City Council Post Agenda Page 130 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 7 GeneralDevelopment Plan (“GDP”) andSectionalPlanningArea (“SPA”) Plan, andcommonlyknownas “Sunbow.” MSCP”). TheOtayLandfillislocatedatthesoutheastern boundaryoftheProperty ScenicRoadway” bytheCity. TheCityh City’s Planas “,” whichallowsforlightmanufacturing, warehousing, TheProperty’scurrentILdesignationreflectedinpart, the “Landfill”) 12022/01/18 City Council Post Agenda Page 131 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 City’sGeneralPlanandthe 725 Project”). Openspacewillbelocated d 3, costs Class “A” office buildingthatwould ity’s discretion. 22022/01/18 City Council Post Agenda Page 132 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 17.10oftheChulaVistaMunicipalCode (“Park”). 32022/01/18 City Council Post Agenda Page 133 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 means 42022/01/18 City Council Post Agenda Page 134 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 52022/01/18 City Council Post Agenda Page 135 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 62022/01/18 City Council Post Agenda Page 136 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 72022/01/18 City Council Post Agenda Page 137 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 82022/01/18 City Council Post Agenda Page 138 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 4.2“” 2003. 109.41“” o. 4.3.Developer’sPotentialObligations UnderCVMC19.09.09Remain. 4.4 2 92022/01/18 City Council Post Agenda Page 139 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 4.7 7 102022/01/18 City Council Post Agenda Page 140 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 112022/01/18 City Council Post Agenda Page 141 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 122022/01/18 City Council Post Agenda Page 142 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 91910 Attorney’s 92101 132022/01/18 City Council Post Agenda Page 143 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 142022/01/18 City Council Post Agenda Page 144 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 152022/01/18 City Council Post Agenda Page 145 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 162022/01/18 City Council Post Agenda Page 146 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 Exhibit “B” ProcessingSchedule. 172022/01/18 City Council Post Agenda Page 147 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 182022/01/18 City Council Post Agenda Page 148 of 415 DocuSign Envelope ID: 0368DD6E-B15A-4496-96E6-D7AA0A12D0E4 Exhibit “B” 192022/01/18 City Council Post Agenda Page 149 of 415 SUNBOW II, PHASE 3 PROJECT LOCATION Attachment 3 - Locator Map Sunbow II, Phase 3 2022/01/18 City Council Post Agenda Page 150 of 415 Sunbow II, Phase 3 Attachment 4 https://cvapps.chulavistaca.gov/WebLink/browse.aspx?startid=241869 2022/01/18 City Council Post Agenda Page 151 of 415 Findings of Fact and Statement of Overriding Considerations Sunbow Sectional Planning Area Plan Amendment for the Sunbow II, Phase 3 Project Environmental Impact Report SCH No. 2020110148 City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 JULY 2021 2022/01/18 City Council Post Agenda Page 152 of 415 Printed on 30% post-consumer recycled material. 2022/01/18 City Council Post Agenda Page 153 of 415 12612 i July 2021 Table of Contents SECTION PAGE NO. 1 INTRODUCTION ............................................................................................................................................. 1 1.1 Purpose ................................................................................................................................................... 1 1.1.1 Record of Proceedings ............................................................................................................. 2 1.1.2 Custodian and Location of Records ......................................................................................... 3 1.2 Project Description ................................................................................................................................. 3 1.2.1 Project Objectives ..................................................................................................................... 5 1.2.2 Discretionary Actions ................................................................................................................ 6 2 CEQA FINDINGS OF INDEPENDENT JUDGEMENT ........................................................................................ 7 2.1 Independent Review and Analysis ......................................................................................................... 7 2.2 Summary of Impacts .............................................................................................................................. 7 2.3 Impacts Determined to Be Significant and Unavoidable .................................................................... 8 2.3.1 Greenhouse Gas Emissions ..................................................................................................... 8 2.4 Impacts Determined to Be Less Than Significant with Mitigation .................................................... 12 2.4.1 Biological Resources ............................................................................................................. 13 2.4.2 Cultural and Tribal Cultural Resources ................................................................................. 26 2.4.3 Geology and Soils .................................................................................................................. 29 2.4.4 Hazards and Hazardous Materials ....................................................................................... 31 2.4.5 Public Services ....................................................................................................................... 36 2.4.6 Recreation .............................................................................................................................. 39 2.4.7 Wildfire ................................................................................................................................... 41 3 FINDINGS ON PROJECT ALTERNATIVES ...................................................................................................... 44 3.1 Alternatives Considered and Eliminated During the Scoping/Project Planning Process ................ 44 3.2 Alternatives Selected for Further Analysis ......................................................................................... 44 3.2.1 Alternative 1: No Project/No Build Alternative ..................................................................... 45 3.2.2 Alternative 2: Existing Land Use Designation Alternative .................................................... 46 3.2.3 Alternative 3: Reduced Development Alternative ................................................................ 47 3.2.4 Environmentally Superior Alternative ................................................................................... 48 4 GENERAL CEQA FINDINGS .......................................................................................................................... 49 4.1 Findings Regarding Recirculation ....................................................................................................... 49 4.2 Legal Effects of Findings ..................................................................................................................... 50 5 STATEMENT OF OVERRIDING CONSIDERATIONS ........................................................................................ 51 6 CONCLUSION .............................................................................................................................................. 54 2022/01/18 City Council Post Agenda Page 154 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 ii July 2021 TABLE Table 1. Sunbow II, Phase 3 Sectional Planning Area Plan Land Use Summary ........................................................... 4 2022/01/18 City Council Post Agenda Page 155 of 415 12612 1 July 2021 1 Introduction This statement of Findings of Fact (Findings) addresses the environmental effects associated with the Sunbow Sectional Planning Area (SPA) Plan Amendment for the Sunbow II, Phase 3 Project (project or proposed project), as described in the Final Environmental Impact Report (EIR) SCH No. 2020110148 (Final EIR) for the project. These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] Section 21000 et seq.), specifically PRC Sections 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 CCR 15000 et seq.), specifically Sections 15091 and 15093. The Final EIR examines the full range of potential effects of construction and operation of the proposed project, identifies standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects, and evaluates alternatives to the proposed project. The Final EIR is incorporated into these Findings by reference. 1.1 Purpose PRC Section 21081, and CEQA Guidelines Section 15091 require that the lead agency, in this case the City of Chula Vista (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. Specifically, CEQA Guidelines Section 15091 states, in part, that: a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In accordance with PRC Section 21081, and CEQA Guidelines Section 15093, whenever significant effects cannot be mitigated to below a level of significance, the decision‐making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision-making agency may prepare and adopt a Statement of Overriding Considerations, pursuant to the CEQA Guidelines. Section 15093 of the CEQA Guidelines states the following: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable 2022/01/18 City Council Post Agenda Page 156 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 2 July 2021 adverse environmental effects, the adverse environmental effects may be considered “acceptable.” b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The Final EIR for the project identified potentially significant effects that could result from the proposed project. The City finds that the inclusion of certain mitigation measures as part of the approval of the proposed project would reduce most, but not all, of those effects to less-than‐significant levels. Those impacts that are not reduced to less‐ than‐significant levels are identified and overridden due to specific benefits of the project (see Section 5, Statement of Overriding Considerations). As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. The City finds that the MMRP, which is incorporated by reference and made part of these Findings, meets the requirements of PRC Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the proposed project. In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the proposed project. Pursuant to PRC Section 21082.1(c)(3), the City also finds that these Findings reflect the City’s independent judgment as the lead agency for the proposed project. 1.1.1 Record of Proceedings For the purposes of CEQA, the Findings herein set forth the record of proceedings for the proposed project both oral and written and consist of those items listed in CEQA Section 21167.6(e), along with other miscellaneous items contained within the City’s files that are relevant to the consideration of the proposed project. The record of proceedings for the City’s decision on the proposed project consists of the following documents, at a minimum and without limitation, which are incorporated by reference and made part of the record supporting these Findings: • The Notice of Preparation, Notice of Availability, and all other public notices issued by the City in conjunction with the proposed project. • Comments received on the NOP. • The Draft EIR for the proposed project and all technical appendices and documents relied upon or incorporated by reference. • All written comments submitted by agencies, organizations, and members of the public during the public review comment period on the Draft EIR, and the City’s responses to those comments. • The Final EIR for the proposed project. • The MMRP for the proposed project. 2022/01/18 City Council Post Agenda Page 157 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 3 July 2021 • All reports, studies, memoranda, maps, staff reports, and other planning documents relating to the proposed project prepared by the City or consultants to the City with respect to the City’s compliance with the requirements of CEQA. • All documents submitted to the City by other public agencies and members of the public in connection with the Draft and Final EIR. • Minutes and verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the proposed project. • Documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings. • All resolutions adopted by the City regarding the proposed project, and all staff reports, analyses, and summaries related to the adoption of those resolutions. • Matters of common knowledge related to the proposed project, including, but not limited to, federal, state, and local laws and regulations. • Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the Record of Proceedings by CEQA Section 21167.6(e). 1.1.2 Custodian and Location of Records The documents and other materials that constitute the Record of Proceedings for the City’s actions related to the project are located at the City of Chula Vista, 276 Fourth Avenue, Chula Vista, California 91910. The City is the custodian of the Record of Proceedings for the proposed project. 1.2 Project Description The proposed project is primarily a residential project with associated infrastructure and open space areas. The proposed land uses are summarized in Table 1 and shown in Figure 4-2, Proposed Chula Vista General Plan Land Use; Figure 4.3, Proposed Sunbow General Development Plan Land Use; and Figure 4-4, Proposed Sunbow II, Phase 3 SPA Plan Land Use, all included in Chapter 4, Project Description, of the Final EIR. Development would be centered within the southeastern portion of the site. The approximately 67.5-acre development area would be composed of 44.2 acres of residential uses to include 718 multi-family residential units, a 0.9-acre Community Purpose Facility (CPF), 5.9 acres of public streets, 4.3 acres of Poggi Creek conservation easements, 16.5 acres of manufactured slopes and basins, and a 0.3-acre wetland avoidance area. Approximately 63.6 acres designated MSCP Preserve are also within the project site. Under the proposed project, the Industrial Park area (Planning Area 23) would be modified to Medium-High and High Residential, Community Purpose Facility, Open Space and Open Space Preserve land uses (see Figures 4-2 and 4-3 of the Final EIR). Direct access to the project site would be provided by two proposed public streets, Street A and Street B. Street A would extend south from Olympic Parkway, through the project site, and then curve to the east and connect with Street B. Street B would also extend south from the eastern portion of Olympic Parkway, adjacent to the project site. The proposed project also includes a Chula Vista Multiple Species Conservation Plan (MSCP) Boundary Adjustment (BLA), an MSCP Minor Amendment Area for off-site grading and other off-site grading impacts. The BLA would implement minor adjustments to the development limits and the adjacent open space and MSCP open space preserve areas. The applicant is also requesting an MSCP Minor Amendment to allow off-site temporary project impacts that would encroach 25 feet onto City’s property and within this Minor Amendment Area. This off-site area 2022/01/18 City Council Post Agenda Page 158 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 4 July 2021 would result in the installation of permanent buttressing; however, the impacts from grading would be temporary as this area would be return to its original condition. These areas are intended to remain unimproved and/or restored and their use strictly limited consistent with the Chula Vista MSCP Subarea Plan. Table 1. Sunbow II, Phase 3 Sectional Planning Area Plan Land Use Summary Land Use Planning Area Units Gross Acres Target Density Residential Multi-Family (Medium-High) Residential – 13–16 du/ac MF R-1 131 8.5 15.4 MF R-2 73 4.6 15.8 MF R-3 108 8.1 13.3 MF R-4 118 8.2 14.4 MF R-5 104 7.0 14.7 Multi-Family Medium-High Residential Subtotal 534 36.5 14.7a Multi-Family (High) Residential – 24.1 du/ac MF R-6 184 7.6 24.1 Multi-Family High Residential Subtotal 184 7.6 24.1 Residential Total 718 44.2 16.3a Other Community Purpose Facility (CPF) CPF CPF — 0.9 — CPF Subtotal — 0.9 — Other Total — 0.9 — Open Space MPCP Open Space Preserve (OS) OS OS-1 — 42.8 — OS OS-2 — 10.0 — OS OS-3 — 9.6 — OS OS-9b — 1.1 — MSCP Open Space Preserve Subtotal — 63.6 — Poggi Creek Conservation Easement OS OS-4 — 2.6 — OS OS-5 — 0.7 — OS OS-6a — 1.0 — OS OS-6b — 0.1 — Poggi Creek Conservation Easement Subtotal — 4.3 — Manufactured Slopes/Basins OS OS-7 — 3.2 — OS OS-8 — 0.5 — OS OS-9a — 0.5 — OS OS-10 — 4.9 — OS OS-11 — 1.3 — 2022/01/18 City Council Post Agenda Page 159 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 5 July 2021 Table 1. Sunbow II, Phase 3 Sectional Planning Area Plan Land Use Summary Land Use Planning Area Units Gross Acres Target Density OS OS-12 — 1.6 — OS OS-13 — 4.6 — Manufactured Slopes/Basins Subtotal — 16.5 — Wetland Avoidance Area OS OS-14 — 0.3 — Wetland Avoidance Area Subtotal — 0.3 — Open Space Total — 84.7 — Circulation Public Streetsb Circulation — 5.9 — Circulation Subtotal — 5.9 — Circulation Total — 5.9 — All Land Use Types – Summary All Land Use Types Total — 135.7 — Notes: du/ac = dwelling units per acre; MSCP = Multiple Species Conservation Program. Subtotals and totals may not sum precisely due to rounding. a Target density represents the average densities proposed. b The acreages for all proposed private streets are included as a part of the residential portion. 1.2.1 Project Objectives Following are the objectives of the proposed project: 1. Develop a pedestrian-oriented community on an underutilized site with a range of residential uses, open space and MSCP Preserve areas, and recreational opportunities, which are compatible with the adjacent established residential communities. 2. Contribute to the growing housing needs of the City and the region by providing for multi -family housing units with a range of housing types to accommodate a spectrum of demographics. 3. Preserve portions of the project site as permanent open space and increase MSCP Preserve Areas. 4. Provide pedestrian and bicycle facilities, including a pedestrian connection to the Chula Vista Regional Trail and connection to bike lanes within Olympic Parkway and nearby transit. 5. Implement the goals, objectives, and policies of the General Plan; the MSCP Subarea Plan; the GDP; and the SPA Plan. 6. Implement the City’s Growth Management Ordinance to ensure that public and community facilities, such as transportation, water, flood control, sewage disposal, schools, and parks, are provided in a timely manner and financed by the parties creating the demand for, and benefiting from, the improvements. 7. Ensure new uses are compatible with the existing community by establishing setbacks, design regulations and guidelines, best practices, and performance standards that enhance quality of life for neighboring properties. 8. Create a land use plan that can realistically be developed within a foreseeable time frame and under economic conditions. 2022/01/18 City Council Post Agenda Page 160 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 6 July 2021 1.2.2 Discretionary Actions A discretionary action is an action taken by an agency that calls for the exercise of judgment in deciding whether to approve or how to carry out a project. The following discretionary actions are associated with the proposed project and would be considered by the City: • Certification of a Final EIR and adoption of a Mitigation Monitoring and Reporting Program pursuant to CEQA • Approval of amendments to the Chula Vista General Plan • Approval of amendments to the Sunbow GDP • Approval of amendments to the Sunbow SPA Plan • Approval of the Tentative Map for Sunbow II, Phase 3 • Chula Vista MSCP Subarea Plan Boundary Adjustment and Minor Amendment • Rezone • Approval of the Development Agreement between the applicant and the City 2022/01/18 City Council Post Agenda Page 161 of 415 12612 7 July 2021 2 CEQA Findings of Independent Judgement 2.1 Independent Review and Analysis Under CEQA, the lead agency must (1) independently review and analyze the Environmental Impact Report (EIR); (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, fi nd that the EIR or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC Section 21082.1[c]). The City has exercised independent judgment in accordance with CEQA Section 21082.1(c)(3) in the preparation of the EIR, as well as reviewing, analyzing, and revising material prepared by the consultant. Multiple iterations of technical reports and the preliminary draft EIR were “screen-checked” by the City staff, as well as the independent third-party reviewer to ensure the analyses contained therein are factual, accurate, applicable, and based on the City’s independent review and judgment. Further, the City’s Development Services Department completes an independent evaluation of private land development applications, including the project, for compliance with applicable City, State, and Federal laws, regulations, and ordinances. As such, City staff is acting in its independent regulatory capacity as the lead agency to review and independently evaluate the EIR and project. Thus, pursuant to Public Resources Code Section 21082.1(c), and prior to certification, the City hereby finds it has independently reviewed and analyzed the Draft EIR and its technical studies, and the Final EIR, including public comments, responses to comments, revised draft EIR pages, and additional or revised technical studies and that both the Draft EIR and Final EIR reflect the independent judgment of the City as the Lead Agency for the Project. Having received, reviewed, and considered the information in the EIR, as well as any and all other information in the record, the City hereby makes findings pursuant to and in accordance with CEQA Sections 21081, 21081.5, and 21081.6. 2.2 Summary of Impacts The Final EIR identified a number of direct and indirect significant environmental effects (or “impacts”) resulting from the project. Some of these significant effects can be reduced to a less than significant level through the adoption of feasible mitigation measures. Others cannot be mitigated to a less than significant level by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. However, these effects a re outweighed by overriding considerations set forth in Section 5 below. As identified in Chapters 5, 6, and 9 of the Final EIR, no significant environmental impacts would occur with regard to the following issues: aesthetics, agriculture and forestry resources, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, transportation, and utilities and service systems. As such, these issue areas are not discussed further within this document. As identified in Chapters 5 and 6 of the Final EIR, the project would mitigate, avoid, or substantially lessen to below a level of significance direct, indirect, and/or cumulative significant environmental effects with regard to the 2022/01/18 City Council Post Agenda Page 162 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 8 July 2021 following issues: biological resources, cultural and tribal cultural resources, geology and soils, hazards and hazardous materials, public services, recreation, and wildfire. As identified in Chapters 5 and 6 of the Final EIR, the project would result in significant unavoidable environmental impacts associated with greenhouse gas (GHG) emissions. 2.3 Impacts Determined to Be Significant and Unavoidable This section identifies the significant, unavoidable impacts that require a statement of overriding considerations to be issued by the City, pursuant to Section 15093 of the CEQA Guidelines, if the proposed project is approved. Based on the analysis contained in the Final EIR, the following impacts have been determined to fall within the “significant unavoidable impacts” category: • Greenhouse Gas Emissions o Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. o Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(3) of the State CEQA Guidelines, the City finds that for the following significant effects, specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. These findings are explained below and are supported by substantial evidence in the record of proceedings. 2.3.1 Greenhouse Gas Emissions 2.3.1.1 Description of Potentially Significant Impacts to Greenhouse Gas Emissions Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Because the project’s service population (SP)-based emissions would be more than the City’s efficiency metric of 1.37 MT CO2e per SP, potential GHG emissions impacts associated with exceedance of the City’s efficiency metric would be considered significant and unavoidable. GHG emissions associated with temporary construction activity were quantified using CalEEMod. Total construction- related GHG emissions for the project were 12,928 MT CO2e. Estimated 30-year amortized project- generated construction emissions would be approximately 431 MT CO2e per year. Operation of the project would generate GHG emissions through motor vehicle trips to and from the project site; landscape maintenance equipment operation; energy use (natural gas and generation of electricity consumed by the project); solid waste disposal; and generation of electricity associated with water supply, treatment, and distribu tion and wastewater treatment. The estimated annual project-generated GHG emissions in 2028 would be approximately 4,928 MT CO2e per year as a 2022/01/18 City Council Post Agenda Page 163 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 9 July 2021 result of project operations. Estimated annual project -generated emissions in 2028 from area, energy, mobile, solid waste, water/wastewater, and amortized project construction emissions would be approximately 5,359 MT CO2e per year. The proposed project is anticipated to generate 2,321 residents. Using the estimated operational plus amortized construction emissions of 5,359 MT CO2e and SP of 2,321, the project would have a GHG efficiency metric of 2.31 MT CO2e per SP. The project’s efficiency metric would exceed the significance threshold efficiency metric of 1.37 MT CO2e per SP. Although GHG emission reductions from implementation of project design feature (PDF)-TRA-1 were not quantified, implementation of the following strategies would further reduce the project’s vehicle miles traveled: provide ride share coordination services, coordinate with nearby schools to carpool to/from school, provide on-site transit opportunities information, and encourage bicycling by providing on-site bicycle infrastructure such as bike racks. The project would also provide pedestrian and bicycle connectivity to the neighborhood due to proximity to existing bicycle routes and provide on-site pedestrian sidewalk connections to the existing Chula Vista Regional Trail. Furthermore, the project would be located near MTS bus route 704 and the East Palomar Transit Station. These project characteristics would promote pedestrian and bicycle activity and alternate forms of transportation. MM-GHG-1 would also be implemented and would minimize GHG emissions associated with project operations, which include installation of low-flow water fixtures, use of recycled water, pre-wiring for EV capable, installing energy-efficient appliances and design practices, installing cool roofs, and planting 600 trees and 40 acres of shrubs on-site. However, approximately 64% of the proposed project’s annual GHG emissions are from mobile sources; therefore, to reduce GHG emissions to a less-than-significant level, the project would need to reduce its total GHG emissions by approximately 65% to reduce the project-generated GHG emissions below the City’s efficiency threshold. MM-GHG-1 and PDF-TRA-1 would respectively ensure that GHG emissions from the buildout of the proposed project would be minimized and would encourage and accommodate the use of alternative-fueled vehicles and nonmotorized transportation. However, additional statewide measures would be necessary to reduce GHG emissions under the proposed project to meet the state’s long-term GHG reduction goals. The specific path to compliance for the state with regard to meeting such long-term goals will likely require development of technology or other changes that are not currently known or available. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in techno logy. Since no additional statewide measures are currently available, the proposed project’s GHG emissions Impact would remain significant and unavoidable. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emis sions of greenhouse gases Because the project’s SP-based emissions would be more than the City’s Climate Action Plan (CAP) efficiency metric of 1.37 MT CO2e per SP, the proposed project would potentially conflict with the state’s ability to meet future GHG emission reductions. Therefore, the project’s GHG emissions impact would result in a significant and unavoidable impact. 2022/01/18 City Council Post Agenda Page 164 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 10 July 2021 The project includes several design features that will help reduce its GHG emissions in line with the CAP and the project would be consistent with the applicable measures of the CAP. Regarding consistency with SANDAG’s Regional Plan, the project would include site design elements and PDFs developed to support the policy objectives of the Regional Transportation Plan (RTP) and SB 375. The project is also consistent with all applicable Regional Plan policy objectives or strategies. The Scoping Plan, approved by the California Air Resources Board (CARB) on December 12, 2008, provides a framework for actions to reduce California’s GHG emissions and requires CARB and other state agencies to adopt regulations and other initiatives to reduce GHGs. The Scoping Plan recommends strategies for implementation at the statewide level to meet the goals of AB 32 and establishes an overall framework for the measures that will be adopted to reduce California’s GHG emissions. The project would be consistent with the applicable measures and policy goals of CARB’s Scoping Plan. The proposed project is consistent with the applicable plans, policies, and regulations adopted for regulation of GHG emissions and would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. However, the project’s service population (SP)-based emissions would be more than the City’s efficiency metric of 1.37 MT CO2e per SP and no additional mitigation measures for the proposed project can be identified at this time until development of technology or other measures are established. Therefore, the proposed project would potentially conflict with the state’s ability to meet future GHG emission reductions and the project’s GHG emissions impact would be potentially significant and unavoidable impact. 2.3.1.2 Mitigation Measures While there are no feasible mitigation measures available to avoid or mitigate the identified impact to a less than significant level, the following feasible mitigation measures will minimize the identified impact: MM-GHG-1 Greenhouse Gas Emissions Reduction Measures. The following GHG emissions reduction measures shall be implemented: • Off-road construction equipment with engines rated at 75 horsepower or greater shall meet at a minimum Tier 3 standard. • Install purple pipes to provide reclaimed water for outdoor water use. • Install low-flow water fixtures such as low-flow toilets, faucets, showers, etc. • Two parking spaces shall be pre-wired for electric vehicle (EV) capable and designated as preferential parking spaces shall be provided for carpool, shared, electric, and hydrogen vehicles. • 718 parking garages shall be pre-wired to be EV capable. • Energy-efficient lighting shall be used for all street, parking, and area lighting associated with the proposed project, including all on-site and off-site lighting. 2022/01/18 City Council Post Agenda Page 165 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 11 July 2021 • Energy-efficient design practices, such as high-performance glazing, Energy Star compliant systems and appliances, radiant heat roof barriers, insulation on all pipes, programmable thermostats, and sealed ducts, shall be implemented. • Native species and drought-tolerant species shall be used for a minimum of 50% of the ornamental plant palette in non-turf areas to minimize water demand. • Recycling of construction debris and waste shall be ensured through administration by an on- site recycling coordinator and presence of recycling/separation areas. Exceed the City of Chula Vista’s Construction and Demolition Debris Waste Management Plan’s 65% diversion of construction and demolition waste. • Install cool roofs that meet the U.S. Green Building Council standards with a greater solar reflectivity to help conserve energy. • Install 1,462-kilowatt solar photovoltaic system meeting the minimum 2019 Title 24 standards. • Install bicycle racks. • The project shall plant 600 trees and 40 acres of shrubs. 2.3.1.3 Findings per CEQA Guidelines While mitigation measure MM-GHG-1 when adopted will minimize GHG emissions associated with project operations and changes or alterations have been required in, or incorporated into, the project design, there are no feasible mitigation measures that will reduce the identified significant impacts to below a level of significance. Therefore, impacts associated with climate change, must be considered significant and unavoidable Pursuant to PRC Section 21081(a)(3), and as described in the Statement of Overriding Considerations, the City has determined that specific economic, legal, social, technological, or other considerations make infeasible the alternatives identified in the EIR, and the identified GHG impacts are thereby acceptable because of specific overriding considerations (see Section 5). 2.3.1.4 Facts in Support of the Findings Related to Greenhouse Gas Emissions As discussed in Section 2.2.1.3, Findings per CEQA Guidelines, since measures to reduce the GHG emissions generated during construction and operation of the project are limited, the project’s impacts related to generating GHG emissions, either directly or indirectly, that may have a significant impact on the environment would be significant and unavoidable. Furthermore, since the specific path to compliance for the state with regard to the long- term goals will likely require development of technology or other changes that are not currently known or available, specific additional mitigation measures for the proposed project would be speculative and cannot be identified at this time; thus, conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs would be significant and unavoidable. Refer also to Section 5.7 of the Final EIR. 2022/01/18 City Council Post Agenda Page 166 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 12 July 2021 2.4 Impacts Determined to Be Less Than Significant with Mitigation This section identifies significant adverse impacts of the proposed project that require findings to be made under CEQA Section 21081(a) and CEQA Guidelines Section 15091(a)(1). Based on substantial evidence, the City finds that adoption of the mitigation measures set forth in this section would reduce the identified significant impacts to less than significant: • Biological Resources o Impact candidate, sensitive, or special-status species o Impact riparian habitat or other sensitive natural community o Conflict with Adopted Habitat Conservation Plan, or other approved local, regional, or State habitat conservation plan (Facilities Siting Criteria, MSCP Conditions of Coverage, Adjacency Management Guidelines, MSCP Minor Amendment Area) • Cultural and Tribal Cultural Resources o Impact archaeological resources o Disturb any human remains, including those interred outside formal cemeteries o Cause adverse change in the significance of a tribal cultural resource • Geology and Soils o Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature • Hazards and Hazardous Materials o Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires • Public Services o Require new or physically altered governmental facilities (fire protection services, police protection services, library services, schools, and parks) • Recreation o Increase the use of existing neighborhood and regional parks or other recreational facilities • Wildfire o Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire 2022/01/18 City Council Post Agenda Page 167 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 13 July 2021 2.4.1 Biological Resources 2.4.1.1 Description of Potentially Significant Impacts to Biological Resources Impact candidate, sensitive, or special-status species Direct Impacts (Sensitive Plant Species) Otay Tarplant The proposed project would impact an estimated 836 Otay tarplants (142 located inside of the Preserve; 694 located outside of the Preserve) out of the total 5,449 Otay tarplants present on site. Of the total Otay tarplant impacts, the proposed residential development would permanently impact 142 Otay tarplant inside the Preserve (including some impacted Otay tarplants within the Future Facility‐Detention Basin) and 424 Otay tarplants outside the Preserve. Further, construction related vegetation clearing and grading activities would temporarily impact 270 Otay tarplants outside the Preserve. Based on the sensitivity of this federally endangered and narrow endemic species, impacts to Otay tarplant would be considered potentially significant (Impact BIO-1) under CEQA and would require appropriate mitigation that would consist of on-site habitat mitigation (i.e., native grassland) within appropriate on-site conserved lands in the Preserve. Mitigation measures MM-BIO-1 through MM-BIO-3 would be implemented to reduce impacts to the Otay tarplant. The project also proposes habitat restoration efforts (soil salvage, seed transplant) within appropriate on- site areas within the Preserve (PDF BIO-1). Orcutt’s Bird’s-Beak Implementation of the proposed project would impact approximately 10% of the population of Orcutt’s bird’s‐ beak population estimated to be present on site (91 out of 911 plants). The proposed impacts to Orcutt’s bird’s‐ beak would occur from development of the proposed Future Facility-Detention Basin, located within Diegan coastal sage scrub, just south of the previously restored slope along Poggi Creek, where the majority of the Orcutt’s bird’s beak is located. The proposed impacts to Orcutt’s bird’s‐beak would be considered significant (Impact BIO-2) under CEQA based on the sensitivity of this species and the rarity of this species in the region and the extent of impacts to the on-site population. The proposed project’s impacts to Orcutt’s bird’s-beak would be potentially significant (Impact BIO-2) and would require appropriate mitigation that would consist of preserving 90% (820 out of 911 ) of the Orcutt’s bird’s-beak estimated on-site population within the on-site Preserve (MM-BIO-3) and habitat mitigation (i.e., Diegan coastal sage scrub) and habitat restoration efforts (soil salvage, seed translocation) within appropriate on -site conserved lands in the Preserve (MM-BIO-3). Decumbent Goldenbush Implementation of the proposed project would impact approximately 36% of the decumbent goldenbush on -site population (289 out of 803 plants). A majority of the impacts to this species are associated with non‐native grassland habitat located within the proposed development area. The proposed impacts to decumbent goldenbush would be considered potentially significant (Impact BIO-3). Therefore, require appropriate mitigation that may consist of preserving 64% (513 out of 803) of the decumbent goldenbush estimated on-site population within the 2022/01/18 City Council Post Agenda Page 168 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 14 July 2021 on-site Preserve (MM-BIO-3) and habitat mitigation (i.e., native grassland) and habitat restoration efforts (soil salvage, seed translocation) within appropriate on-site conserved lands in the Preserve (MM-BIO-3). San Diego Viguiera Implementation of the proposed project would impact approximately 78% of the San Diego viguiera population (5,958 out of 7,647 plants). Impacts to this species are associated with impacts to Diegan coastal sage scrub along the western edge of the proposed development. The proposed impacts to San Diego viguiera, a CNDDB Special Plant with a CRPR 4.3 ranking, would be considered significant under CEQA primarily due to potential impacts to 5,958 plants out of 7,647 plants. The impacts to San Diego viguiera would be potentially significant (Impact BIO - 4). MM-BIO-3, which consists of habitat mitigation (i.e., Diegan coastal sage scrub) and may also include habitat restoration within appropriate on-site conserved lands in the Preserve, would be implemented to reduce impacts to the San Diego viguiera. Small-Flowered Bindweed, Coast Barrel Cactus, San Diego Bursage, Southwestern Spiny Rush, San Diego Marsh Elder, and Palmer’s Sagewort San Diego marsh elder is ranked CRPR 2B.2, and San Diego bursage plant is ranked CRPR 2B.1. CRPR 2B is designated for plants that are rare, threatened, or endangered in California but are more common elsewhere. Threat rank 0.2 is defined as “moderately threatened in California” (20%–80% of occurrences threatened and a moderate degree and immediacy of threat), and threat rank 0.1 is defined as “seriously threatened in California” (over 80% of occurrences threatened and a high degree and immediacy of threat). Although the rank for San Diego marsh elder is relatively high, the amount that would be impacted resulting from implementation of the proposed project (0.37% of the existing San Diego marsh elder plant population within the project site) would be considered less than significant. However, 66.7% of existing San Diego bursage plants would be impacted due to implementation of the proposed project. Impacting 16 out of 24 existing San Diego bursage plants, paired with the plant’s CRPR, would result in a potentially significant impact (Impact BIO-5). Impacts would be mitigated through biological construction monitoring and implementation of construction best management practices (BMPs; MM-BIO-12) and preparation of a Worker Environment Awareness Program (MM-BIO-13). Direct Impacts (Sensitive Wildlife Species) Coastal California Gnatcatcher Two coastal California gnatcatcher territories were determined to be present on site during the USFWS gnatcatcher protocol surveys. One gnatcatcher territory is located in the central portion of the site west of the proposed western access road within the larger area of high quality Diegan coastal sage scrub, while the other gnatcatcher territory is located along the southeastern site boundary where a small amount of Diegan coastal sage scrub occurs on site along with more suitable habitat that extends off site onto the County of San Diego landfill property to the south. The one gnatcatcher territory located along the southeastern parcel boundary would be directly impacted by the proposed project vegetation clearing, grubbing, and grading activities through the loss of a portion of nesting habitat (i.e., Diegan coastal sage scrub). This project impact would be potentially significant (Impact BIO-6) and would require implementation of mitigation measures (MM-BIO-1 through MM-BIO-2, and MM-BIO-4 and MM-BIO-5). Further, gnatcatcher specific MSCP Conditions of Coverage, such as area-specific management directives that must include measures to reduce edge effects and minimize disturbance during the nesting period, fire protection 2022/01/18 City Council Post Agenda Page 169 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 15 July 2021 measures to reduce the potential for habitat degradation due to unplanned fire, management measures to maintain or improve habitat quality including vegetation structure, and prohibition of clearing of occupied habitat in the County of San Diego Multiple Habitat Planning Area may occur from March 1 through August 15, would apply. The other on-site gnatcatcher territory located in the central portion of the project site is not expected to be directly impacted by the project. The gnatcatchers observed in this area were limited to the Diegan coastal sage scrub located west of the proposed western main access road, largely within the existing Preserve that would remain protected as proposed by the project. In addition, although suitable gnatcatcher habitat occurs in other surrounding areas, no gnatcatchers were observed during the proto col surveys and/or any of the other biological surveys on site. Nonetheless, the reduction of potentially suitable and contiguous habitat and the potential for nesting failure due to the adjacent on-site construction related activities would result in potentially significant direct impacts (Impact BIO-7) to gnatcatcher and would require implementation of MM-BIO-1 through MM-BIO-2, and MM-BIO-4 and MM-BIO-5 to reduce impacts to a level below significance. Least Bell’s Vireo The least Bell’s vireo that occurs on site is located entirely within Poggi Creek, where no development is proposed. Therefore, least Bell’s vireo would not be directly impacted by the proposed project. Nonetheless, the potential for nesting failure due to the adjacent on-site construction related activities would result in potential direct impacts to vireo that would be considered potentially significant (Impact BIO-8) and would require implementation of MM-BIO- 6 in order to reduce impacts to a level below significance. Sensitive Raptors Raptors including sensitive species such as the white-tailed kite, northern harrier, and Cooper’s hawk were observed flying over and potentially foraging on site and may be negatively affected by the loss of this potential foraging habitat in the project area. The project would have direct impacts to potential raptor foraging habitat for white-tailed kite, northern harrier, and Cooper’s hawk associated with the loss of 61.0 acres of grassland habitat (i.e., 53.28 acres of non‐native grassland, 7.72 acres of native grassland). As an important note, the potential raptor foraging habitat proposed to be impacted is located almost entirely inside the MSCP Development Area and is of lower habitat quality due to its densely thatched condition, while the proposed raptor foraging habitat mitigation consists of higher quality native grassland, patches of non‐native grassland in a matrix of native habitats, and proposed habitat restoration areas that is either currently or proposed to be in the Preserve. The proposed im pact to potential foraging habitat for white‐tailed kite, northern harrier, and Cooper’s hawk would be a potentially significant impact (Impact BIO-9) and would require implementation of MM-BIO-1, which requires habitat mitigation (i.e., native grassland, open Diegan coastal sage scrub) to reduce impacts to a level below significance. Birds Protected under the Federal Migratory Bird Treaty Act and California Fish and Game Code The project site has the potential to support active nests for regionally common migratory birds and raptors that are not designated as special status species under CEQA but are protected under the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game (CFG) Code Sections 3503 and 3513. The project could result in impacts to active bird and/or raptor nests protected under the federal MBTA and/or CFG Code Sections 3503 and 3513 if construction-related activities were to occur during the avian and/or raptor breeding season. The project construction activities undertaken for the project should comply with the regulatory 2022/01/18 City Council Post Agenda Page 170 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 16 July 2021 requirements of the federal MTBA and CDFG Codes Sections 3503 and 3513. The potential impact to active nests of birds protected under MBTA and/or CDFG Codes would be a potentially significant impact (Impact BIO-10) and would require avoidance of the avian breeding season or conduct pre -construction active nest surveys through implementation of MM-BIO-7, which requires to reduce impacts to a level below significance. Impact riparian habitat or other sensitive natural community Based on the proposed project design, the proposed project would result in direct permanent and temporary impacts to sensitive vegetation communities/habitats consisting of native grassland (Tier I), Diegan coastal sage scrub (Tier II), and non‐native grassland (Tier III) habitats. Impacts would result in a total of 69.28 acres of on -site impacts and 1.15 acres of off-site impacts. Permanent project impacts to sensitive vegetation communities would result from vegetation clearing, grading, and residential development including houses, fuel modification zone activities, detention basins, and roadways. Temporary impacts to sensitive vegetation communities would result from vegetation clearing, construction vehicular temporary access and activities, grading in some areas, and subsequent revegetation efforts to ensure erosion control and/or native habitat restoration activities to ensure long‐term biological functions and values. In association with direct impacts to native vegetation communities, there are usually indirect impacts to the remaining native vegetation. Many of these are related to habitat fragmentation, which occurs when a native vegetation community is not entirely altered or developed, but what remains has a diminished wildlife habitat value due to edge effects and lack of connectivity. Fragmented habitats may no longer be able to support large predators. The presence of native predators has been demonstrated to hold in check populations of meso‐predators such as domestic/feral cats. Without the presence of such predators, avian and small mammal diversity and abundance declines, presumably due to increased depredation pressure from non‐native meso‐predators. Edge effects may include increased predation pressure, increased brood parasitism, increased competition for nesting cavities from non‐native species, and increased floral competition from weedy species. Outside of those effects associated with fragmentation, indirect impacts may include elevated noise above 60 A-weighted decibels (dBA) equivalent measured sound level (Leq), artificial night lighting within wildlife habitat, increased human disturbance, change in duration and amount of surface water within a floodplain, and increased erosion or sedimentation. These types of indirect impacts can affect vegetation communities or alter habitat use by sensitive species. The project proposes to fill in gaps of the MSCP Preserve where areas have not been previously included in the in the 2003 City Subarea Plan configuration with areas of the Preserve along Poggi Creek by adjusting the proposed BLA. The proposed project would also extend the native habitat buffer widths between Poggi Creek and the proposed project footprint that will be included in the Preserve. Permanent impacts (totaling on-site 64.05 acres) and temporary impacts (totaling on-site 4.24 acres) to native grassland, Diegan coastal sage scrub, and non-native grassland from construction activities such as vegetation clearing, grading, residential development, and construction vehicular temporary access and activities would be considered potentially significant (Impact BIO-11) and would require implementation of MM-BIO-1, MM-BIO-2, MM- BIO-12, and MM-BIO-13, consistent with the City MSCP Subarea Plan as well as the HLIT, to reduce impacts to a level below significance. It is expected that the portions of the MSCP Preserve directly adjacent and closest to the proposed project development boundaries would potentially be negatively affected by edge effects such as invasive plant invasion, habitat degradation, increased predation pressure from domestic pets (i.e., cats), lighting, noise, irrigation, and human disturbance. These potential indirect impacts would be considered potentially significant (Impact BIO-12) and would 2022/01/18 City Council Post Agenda Page 171 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 17 July 2021 require mitigation measures MM-BIO-8 through MM-BIO-13 to reduce impacts to a level below significance. Therefore, with incorporation of MM-BIO-1, MM-BIO-2, and MM-BIO-8 through MM-BIO-13 impacts would be reduced to a less-than- significant level. Conflict with Adopted Habitat Conservation Plan, or other approved local, regional, or State habitat conservation plan Facilities Siting Criteria The proposed project includes a MSCP Future Facility (i.e., detention basin) that would be located partially in the existing Preserve on site. The relocation of this basin was considered in the project design to avoid or minimize impacts to the Preserve but was determined to be site specific due to the necessary topography for drainage and the confined development configuration due to the avoidance of wetlands and Otay tarplant (a narrow endemic) in this area; however, the size and configuration of the basin was modified to reduce impacts to the Preserve to the maximum extent practicable. The City MSCP, Chapter 6.0 Land Use Considerations in the Preserve, identifies permitted uses including Future Facilities within the Preserve. Future Facilities are subject to the MSCP Facilities Siting Criteria which ensures that the facilities located within the Preserve have been sited within the least environmentally sensitive areas and that impacts to the Preserve have been minimized to the maximum extent practical. The City of Chula Vista is allotted up to 50 acres of impact/”Take” for Future Facilities. The proposed Future Facility‐Detention Basin (1.12 acres) is partially within an area of the existing Preserve on site. The proposed project has been designed to completely avoid any wetland habitat impacts and would predominantly result in impacts to non‐native grassland consisting primarily of densely thatched non‐native grasses. In addition, the proposed project would result in significant impacts to Diegan coastal sage scrub, specifically within the pro posed Future Facility-Detention Basin area, as well as impacts to native grassland, within the southwestern portion of the area proposed for residential uses. Therefore, with implementation of MM-BIO-11, impacts would be reduced to a less- than-significant level. Narrow Endemic Policy and Wetland Protection Program Narrow Endemic Policy Otay tarplant is the only Narrow Endemic Species that is known and/or expected to occur within the project site. Based on 2019 ‐2020 Otay tarplant field surveys completed on t he project site, the on-site population is estimated to be 5,449 plants predominantly located in the western half of the project site within the existing Preserve (4,044 plants within the Preserve and 1,405 plants outside the Preserve). Of the 5,449 on -site Otay tarplant population, the proposed project would impact an estimated 142 Otay tarplant plants (2.6%) inside the Preserve and 694 Otay tarplant plants (12.7%) outside the Preserve/within Development Area. Impacts to Otay tarplant would be potentially significant (Impact BIO-1). However, to ensure consistency with the City’s MSCP Narrow Endemic Policy, the proposed project would minimize impacts to Otay tarplant to less than 5% within the Preserve and less than 20% within the Development Area with imple mentation of MM-BIO-1 through MM-BIO-3. The proposed project would meet the MSCP Narrow Endemic Policy based on the estimated Otay tarplant population on-site totals and estimated plants to be impacted in the Preserve and the Development Area that are below the Narrow Endemic Policy impact thresholds. The proposed project would ensure consistency with MSCP Narrow Endemic Policy Section 5.2.3.3 for Development Areas outside of Covered Projects, where applicable by limiting the proposed impacts to the existing Otay tarplant population within the project site to less than 5% of the population within the Preserve and less than 20% of the population outside of the Preserve. Therefore, with implementation of MM-BIO-1 through MM-BIO-3, impacts would be reduced to a less-than-significant level. 2022/01/18 City Council Post Agenda Page 172 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 18 July 2021 MSCP Conditions of Coverage Coastal California Gnatcatcher Condition of Coverage The MSCP Condition of Coverage for coastal California gnatcatcher specifies that the area specific management directives must include measures to reduce edge effects and minimize disturbance during the nesting period, fire protection measures to avoid habitat degradation due to unplanned fire, management measures to maintain and improve habitat quality, and prohibit clearing of occupied habitat during gnatcatcher breeding season (March 1‐August 15) within the Preserve. Therefore, prior to implementation of mitigation, impacts would be potentially significant. However, the proposed project would comply with and address the applicable Conditions of Coverage (see MM-BIO-4 through MM-BIO-5). Therefore, with implementation of MM-BIO-4 through MM-BIO-5, impacts would be reduced to a less- than-significant level. Least Bell’s Vireo Condition of Coverage The MSCP Condition of Coverage for least Bell’s vireo specifies that the area specific management directives must include measures consistent with the ACOE 404(b)(1) Guidelines into the project where applicable. In addition, measures to provide appropriate successional habitat, upland buffers for known populations, cowbird control, and measures to reduce edge effects, as well as, prohibit clearing of occupied habitat during vireo breeding season (March 15‐September 15). Therefore, prior to implementation of mitigation, impacts would be potentially significant. However, the proposed project would completely avoid direct impacts to least Bell’s vireo through implementation of MM-BIO-6) and would provide a conserved upland buffer to the one vireo pair on site that is limited to the northeastern most portion of riparian habitat on site. Further, the project proposes measures such as vegetation barriers, fencing, and night light shielding to avoid and/or reduce potential edge effects (MM-BIO-8 through MM-BIO-13) to the vireo pair within Poggi Creek. Due to the limited vireo presence/population on site and uncertainty regarding a least Bell’s vireo population within Poggi Creek upstream to the east, the project does not propose a brown‐headed cowbird control program on site. These cowbird control programs are typically implemented and most cost effective within a river system where a larger known vireo population within conserved lands would benefit. Although the project does not propose any direct impacts to vireo occupied habitat, the project proposes to comply and address the applicable Conditions of Coverage (MM-BIO-7). Therefore, with incorporation of MM-BIO-6 through MM-BIO-13, impacts would be reduced to a less-than-significant level. Otay Tarplant Condition of Coverage The MSCP Condition of Coverage for Otay tarplant specifies that the area specific management directives must include measures for monitoring of populations, adaptive management of preserves, and measures to protect against detrimental edge effects. The project proposes to comply and a ddress the Conditions of Coverage where applicable. Additionally, impacts to Otay tarplant (Impact BIO-1) would be mitigated with the implementation of MM- BIO-1 and MM-BIO-2. Therefore, with implementation of MM-BIO-1 and MM-BIO-2, impacts would be reduced to less than significant. Adjacency Management Guidelines The City of Chula Vista requires that land uses adjacent to the MSCP Preserve be managed to avoid and minimize impacts to the preserve; therefore, project mitigation measures pertaining to lighting (MM-BIO-9), noise (MM-BIO-4 through MM-BIO-6), landscaping (MM -BIO-10), access (MM -BIO-8), and drainage (MM-BIO- 2022/01/18 City Council Post Agenda Page 173 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 19 July 2021 11) would be required to ensure consistency with the City’s MSCP , Section 7.5.2, Adjacency Management Guidelines, and ensure the long ‐term viability of wildlife and sensitive habitats in the Preserve. Lighting Lighting of all developed areas adjacent to the Preserve should be directed away from the Preserve wherever feasible and consistent with public safety. Where necessary, development should provide adequate shielding with non‐invasive plant materials (preferably native), berming, and/or other methods to protect the Preserve and sensitive species from night lighting. As provided in the City’s MSCP, consideration should be given to the use of low‐pressure sodium lighting. Although the specificity of the proposed lighting plan is not available at this time, the proposed project would include the use of outdoor lighting along roadways and in association with proposed buildings that may have the p otential to spill into the adjacent Preserve (Impact BIO-12). Therefore, the proposed project would result in potentially significant impacts. Due to this potential impact, the project would incorporate MM-BIO-9, which requires adequate shielding and the potential use of low‐pressure sodium lighting to ensure consistency with the Guidelines. Therefore, with implementation of MM-BIO-9, impacts would be reduced to a less-than-significant level. Noise Uses in or adjacent to the Preserve should be designed to m inimize noise impacts. Berms or walls should be constructed adjacent to commercial areas and any other use that may introduce noises that could impact or interfere with wildlife utilization of the Preserve. Excessively noisy uses or activities adjacent to breeding areas, including temporary grading activities, must incorporate noise reduction measures or be curtailed during the breeding season of sensitive bird species, consistent with Table 3‐5 of the MSCP Subregional Plan. The Poggi Creek portion of the Preserve and the north‐facing slope directly adjacent to the creek are close to Olympic Parkway, a busy roadway that is a source of consistent noise from vehicular traffic. The northern portion of the project site likely has a higher ambient noise level tha n the southern portion of the site due to the Olympic Parkway traffic noise levels and thus the proposed noise levels may or may not result in substantially greater noise levels. Conversely, the proposed project may potentially introduce elevated noise levels into the Preserve particularly along the southwestern boundary of the proposed development where the current conditions are relatively quiet. Therefore, impacts would be potentially significant (Impact BIO-12). Due to this potential impact, the project would implement MM-BIO-4, MM-BIO-5, MM-BIO-6 and MM-BIO-7, which requires the avoidance of the breeding season for construction activities to ensure consistency with the Guidelines. Therefore, impacts would be reduced to a less-than-significant level. Invasives No invasive non‐native plant species shall be introduced into areas immediately adjacent to the Preserve. All open space slopes immediately adjacent to the Preserve should be planted with native species that reflect the adjacent native habitat. The plant list contained in the Wildland / Urban Interface: Fuel Modification Standards (Appendix K of the City’s MSCP), must be utilized to the maximum extent practicable when developing landscaping plans in areas adjacent to the Preserve. The proposed project includes fuel modification zones within the project development adjacent to the Preserve as well as landscape areas that have the potential to introduce invasive non -native species into the Preserve 2022/01/18 City Council Post Agenda Page 174 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 20 July 2021 Therefore, impacts would be potentially significant (Impact BIO-12). Due to this potential impact, the project would incorporate MM-BIO-10, which requires the prohibition of invasive plant species in the planting palette as well as the maintenance and monitoring of the adjacent areas to ensure consistency with the Guidelines. Therefore, with implementation of MM-BIO-10, impacts would be reduced to a less-than-significant level. MSCP Minor Amendment Area The City-owned property directly south of the proposed project site is designated a Minor Amendment Area. Designated Minor Amendment Areas throughout the City are not currently a part of the City’s MSCP and do not receive any take authorization or coverage benefits. Minor Amendment Areas may be incorporated into the City’s MSCP through the Minor Amendment Process described in the City’s MSCP, Section 5.1.3.1. The Applicant is working with the City to request a Minor Amendment to allow off-site temporary grading impacts (Impact BIO-15) that would encroach 25 feet onto the City’s property and within this Minor Amendment Area, which is located directly south of the proposed project. This request for a Minor Amendment would also require Wildlife Agency concurrence. This potential encroachment onto the City property would consist of a 25‐foot grading buffer for temporary construction equipment access and grading as well as a minor excavation and fill for a buttress to address slope stability that would be located entirely within the 25‐foot construction buffer. The temporary impact areas in the 25‐foot grading buffer within the Minor Amendment Area from project construction activities and buttress construction (Impact BIO-15) would be revegetated with a native erosion control hydroseed mix acceptable to the City and Wildlife Agencies to ensure soil stability and prevent subsequent erosion (MM-BIO-14); further, these temporary impacts would be fully mitigated within the proposed project site inside the Preserve. Because the proposed project would result in temporary impacts to the Minor Amendment Area, impacts would be potentially significant and would require implementation of MM-BIO-14 through MM-BIO-16 to reduce impacts to a level below significance. 2.4.1.2 Mitigation Measures MM-BIO-1 The Applicant shall include an irrevocable offer of dedication (IOD) to the City of Chula Vista on the first final map for 62.16 acres of onsite Preserve land within Preserve Management Area 3, Subunits 3-1a, 3-1b, and 3-1c of the Chula Vista Central City Preserve lands. The MSCP Preserve land shall be conserved, maintained, and managed by the City of Chula Vista or its designee in perpetuity as directed in the Chula Vista Central City Preserve Area-Specific Management Directives (ASMDs) for Preserve Management Area 3 (PMA 3) (RECON Environmental, April 26, 2004) and funded by the Sunbow Preserve Community Facilities District (No. 98-3). The City of Chula Vista Preserve Habitat Manager shall be responsible for the long-term Preserve management activities identified in the Central City Preserve ASMD. Said IOD for the 62.16 acres Proposed MSCP Preserve shall include 48.95 acres to mitigate for significant habitat impacts to 7.79 acres of native grassland, 8.55 acres of Diegan coastal sage scrub, and 55.61 of non‐native grassland as well as the following sensitive species significant impacts: • Coastal California Gnatcatcher- occupied Diegan coastal sage scrub to mitigate for significant direct impacts to coastal California gnatcatcher occupied habitat; 2022/01/18 City Council Post Agenda Page 175 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 21 July 2021 • Otay Tarplant- 0.34 acre of Otay tarplant occupied habitat (i.e., native grassland) to mitigate for direct impacts to 0.34 acre of Otay tarplant occupied habitat that currently supports 836 Otay tarplant individual plants; • Orcutt’s Bird’s-beak- Orcutt’s bird’s-beak habitat (i.e., Diegan coastal sage scrub) to mitigate for significant direct impacts to onsite Diegan coastal sage scrub that currently supports 91 Orcutt’s bird’s‐beak individual plants; • Decumbent Goldenbush- Decumbent goldenbush habitat (i.e., Diegan coastal sage scrub and native grassland), that includes at least 289 decumbent goldenbush individual plants) to mitigate for significant direct impacts to onsite native grassland and Diegan coastal sage scrub that currently supports 289 decumbent goldenbush individual plants; and • San Diego Viguiera- San Diego viguiera habitat (i.e., Diegan coastal sage scrub) that includes at least 2,979 San Diego viguiera individual plants) to mitigate for significant direct impacts to onsite Diegan coastal sage scrub that currently supports 5,958 San Diego viguiera individual plants. MM-BIO-2 Prior to initiation of construction related activities including clearing and grubbing or prior to vegetation/ground disturbance or prior to site mobilization activities or issuance of a grading permit, the Applicant shall submit documentation to the City demonstrating that the Applicant has contracted with a qualified biologist(s) to monitor the project construction activities and avoid any inadvertent impacts to sensitive biological and ensure complete avoidance of jurisdictional resources. Each qualified biologist shall have demonstrated expertise with the sensitive habitats, special status species of the project region. The qualified biologist(s) shall monitor the installation of the construction temporary fencing and/or flagging, silt fencing, and other best management practices (BMPs) along the construction limits prior to construction activities. The qualified biologist shall be present full‐time during all initial vegetation clearing and grubbing activities, and potentially on a less frequent basis during grading activities to ensure construction remains within the approved project development area. The Applicant shall report results of biological monitoring activities to the City on a regular basis through the preparation and submission of summary monitoring reports. MM-BIO-3 Prior to the issuance of any land development permits including for clearing and grubbing or grading, the Applicant shall prepare a Restoration Plan prepared by a qualified biologist to mitigate for impacts to sensitive plant species consisting of Otay tarplant, Orcutt’s bird’s-beak, decumbent goldenbush, and San Diego County viguiera consistent with the Habitat Restoration and Sensitive Plant Specifies Mitigation Plan (Merkel & Associates, Inc. 2021). The Applicant shall implement the 5-year maintenance and monitoring activities consistent with the Conceptual Restoration Plan to the satisfaction of the Development Services Director (or their designee). The revegetation plan must be prepared by a qualified City approved biologist familiar with the City’s MSCP Subarea Plan and must include, but not be limited to, an implementation plan; appropriate seed mixtures and planting method; irrigation method; quantitative and qualitative success criteria; maintenance, monitoring, and reporting program; estimated completion time; and contingency measures. The Project Applicant shall be required to prepare and implement the revegetation plan subject to the oversight and approval of the Development Services Director (or their designee). NOTE: Since the 2022/01/18 City Council Post Agenda Page 176 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 22 July 2021 revegetation is critical to approving the MSCP Boundary Line Adjustment, the applicant will be required to enter into a Secured Agreement with the City and will be required to provide a cash deposit. MM-BIO-4 To avoid any direct impacts to nesting coastal California gnatcatcher, all vegetation clearing, grubbing and grading activities within gnatcatcher occupied habitat (i.e., Diegan coastal sage scrub) shall be conducted outside of the gnatcatcher breeding season (February 15 to August 15). MM-BIO-5 Prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall delineate coastal California gnatcatcher occupied habitat located adjacent to the proposed project development area during the breeding season (February 15 to August 15) by orange biological fencing or comparable materials to ensure that no work shall occur within these habitats. In addition, a minimum 300 -foot buffer and on-site noise reduction/attenuation techniques shall be incorporated, as appropriate to avoid impacts to breeding gnatcatcher from elevated construction noise levels. The City Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site- specific conditions. Noise monitoring may be required to ensure that the elevated construction noise levels are appropriately attenuated at the edge of occupied habitat to a level that is not expected to adversely affect nesting bird behavior (i.e., not to exceed an hourly average of 60 A- weighted decibels (dBA) or ambient at the edge of occupied habitat). MM-BIO-6 Prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall delineate least Bell’s vireo occupied habitat by orange biological fencing or comparable to avoid direct impact to vireo within occupied habitat located adjacent to the proposed project during the breeding season (March 15 to September 15). In addition, a minimum 300-foot buffer and on-site noise reduction/attenuation techniques shall be incorporated, as appropriate to avoid impacts to breeding vireo from elevated construction noise levels. The City Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. Noise monitoring may be required to ensure that the elevated construction noise levels are appropriately attenuated at the edge of occupied habitat to a level that is not expected to adversely affect nesting bird behavior (i.e., not to exceed an hourly average of 60 dBA or ambient at the edge of occupied habitat). MM-BIO-7 To avoid any direct impacts to migratory birds and/or raptors protected under the federal Migratory Bird Treaty Act and California Fish and Game Code Sections 3503 and 3513, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species. The breeding season is defined as January 15–August 31 for raptor species and February 15–August 15 for other non-raptor birds (excluding listed species). If removal of habitat on the proposed area of disturbance must occur during the breeding season, then prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall retain a City-approved biologist to conduct a pre-construction survey to determine the presence or absence of nesting birds (including nesting birds) on the proposed area of disturbance. The pre-construction survey must be conducted within 10 calendar days prior to the start of construction, and the results must be submitted to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan, as deemed appropriate by the City, shall be prepared and include proposed 2022/01/18 City Council Post Agenda Page 177 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 23 July 2021 measures to be implemented to ensure that disturbance of breeding activities are avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City’s mitigation monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. To reduce potential impacts to burrowing owl during construction, the City-approved biologist shall perform pre-construction inspection of potential habitat, and, at minimum, twice weekly inspections be performed while rough grading is ongoing. All pre-construction survey efforts shall be conducted prior to any project activities that could result in habitat disturbance to soil, vegetation or other sheltering habitat for burrowing owl. If any burrowing owls or sign of burrowing owls are detected, the Wildlife Agencies (jointly, CDFW and USFWS) shall be contacted; efforts shall be made to determine the breeding status of the species on site, and whether it is safe at that point to exclude burrowing owls from occupied burrows. Active or passive relocation methods shall only be employed with concurrence by CDFW and USFWS. MM-BIO-8 Prior to approval of the first final map, the Applicant shall submit a Landscape Master Plan for the entire project which shall demonstrate compliance with the proposed fence and wall plan for the project. The proposed fence and wall plan shall include appropriate fencing and barriers (e.g., vegetation) where applicable to shield human presence and deter human intrusion into the Preserve. MM-BIO-9 Concurrent with design review and prior to issuance of a building permit for any development located adjacent to the Preserve, the Applicant shall prepare, a lighting plan and photometric analysis for review and approval the Development Services Director (or their designee). The lighting plan shall illustrate the location of the proposed lighting standards and type of shielding measures. Low-pressure sodium lighting shall be used, if feasible, and shall be subject to the approval of the Development Services Director (or their designee). MM-BIO-10 Prior to approval of the first final map, the Applicant shall submit a Landscape Master Plan for the entire project which shall demonstrate compliance with the proposed plant palette for the project. The proposed plant palette shall prohibit invasive non‐native plant species on the California Exotic Pest Plant Council List of Exotic Pest Plants of Greatest Ecological Concern in California that could spread into the adjacent Preserve. No invasive non-native plant species shall be introduced into areas immediately adjacent to the preserve. All slopes immediately adjacent to the Preserve shall be planted with native species that reflect the adjacent native habitat. Further, the proposed plant palette shall be consistent with the plant list contained in the “Wildland/Urban Interface: Fuel Modification Standards,” and provided as Appendix L of the Subarea Plan, must be reviewed and utilized to the maximum extent practicable when developing landscaping plans in areas adjacent to the Preserve. MM-BIO-11 To avoid habitat degradation to the adjacent Preserve lands, project irrigation shall be contained to the project development and fuel modification zones and shall not drain or overspray resulting in potential erosion/sedimentation, spread of invasive plant species, and/or non‐native species such as Argentine ants. 2022/01/18 City Council Post Agenda Page 178 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 24 July 2021 MM-BIO-12 Prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall demonstrate how the project would avoid or minimize applicable inadvertent impacts during construction. To ensure the avoidance and minimization of impacts to biological resources during construction the following construction BMPs shall be implemented: a) Prior to ground disturbance, all permanent and temporary disturbance areas shall be clearly delineated by orange construction fencing and the identification of environmentally sensitive areas with flagging and/or fencing. b) To minimize disturbance of areas outside the project site, all construction and op eration vehicle traffic shall be restricted to established roads, construction areas, and other designated areas. These areas shall be included in pre‐construction surveys and, to the extent possible, shall be established in locations disturbed by previous activities to prevent further impacts. c) Construction and operation vehicles shall observe appropriate safe speed limits and adhere to safety practices. d) Dust suppression shall occur during construction activities when necessary to meet air quality standards and protect biological resources. e) No vehicles or equipment shall be refueled or undergo maintenance within 100 feet of a jurisdictional waters feature. Spill kits shall be maintained on the site in sufficient quantity to accommodate at least three complete vehicle tank failures of 50 gallons each. Any vehicles driven or operated within or adjacent to drainages or wetlands shall be checked and maintained daily to prevent leaks of contaminated fluids. f) All general trash, food‐related trash items (wrappers, cans, bottles, food scraps, cigarettes, etc.), and other human‐generated debris scheduled to be removed shall be stored in animal‐proof containers and removed from the site on a regular basis (weekly during construction, and at least monthly during operations). No deliberate feeding of wildlife shall be allowed. g) Use of chemicals, fuels, lubricants, or biocides shall comply with all local, state, and federal regulations. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other state and federal legislation. Use of first‐and second‐ generation rodenticides shall not be permitted except for the limited use of zinc phosphide, or a rodenticide approved by the City, and only after other means of pest control (e.g. rodent traps) have proven to be ineffective. MM-BIO-13 Prior to issuance of a grading permit, prior to vegetation clearing, grubbing, grading, or any ground disturbing activities, the Applicant shall submit evidence to the City that the Applicant has retained qualified biologists to prepare a Worker Environmental Awareness Program that shall be presented to all construction personnel and employees before any ground‐disturbing activities commence at the project site and shall be continued through the construction phase for all new construction 2022/01/18 City Council Post Agenda Page 179 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 25 July 2021 personnel. The program shall consist of a brief presentation going over the on-site sensitive biological resources and compliance with project impact and open space boundaries, and applicable environmental laws and requirements with all personnel involved in the project. This presentation shall explain to construction personnel how best to avoid impacts sensitive resources during construction. The program shall include a description of all special status species potentially on the project site and their habitat needs; an explanation of the status of the species and their protection under the state and federal regulations; specific mitigation measures applicable to listed and other special status species; permit conditions, and the penalties for violation of applicable laws. The program shall also explain to construction personnel how to avoid impacts to jurisdictional waters, including wetlands. The program shall include a map and description of jurisdictional waters on the site to be avoided and measures to implement to ensure the protection and avoidance of jurisdictional waters. MM-BIO-14 Prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall prepare a revegetation plan for the temporary impact areas within the 25-foot grading buffer in the Minor Amendment Area that utilizes a native erosion control hydroseed mix acceptable to the City and the Wildlife Agencies (U.S. Fish and Wildlife Service and California Department of Fish and Wildlife) to ensure soil stability and prevent subsequent erosion. The revegetation plan must be prepared by a qualified City approved biologist familiar with the City’s MSCP Subarea Plan and must include, but not be limited to, an implementation plan; appropriate seed mixtures and planting method; irrigation method; quantitative and qualitative success criteria; maintenance, monitoring, and reporting program; estimated completion time; and contingency measures. The Project Applicant shall be required to prepare and implement the revegetation plan subject to the oversight and approval of the Development Services Director (or their designee).The proposed project MSCP BLA and Minor Amendment would require implementation of the following mitigation measure: MM-BIO-15 Prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall receive approval by the City and Wildlife Agencies for the MSCP BLA. The Applicant shall be required to implement conditions associated with the BLA subject to the oversight and approval of the Development Services Director (or their designee). MM-BIO-16 Prior to initiating any construction related activities requiring a clearing and grubbing or grading permit, the Applicant shall receive approval by the City and Wildlife Agencies for the MSCP Minor Amendment. The Applicant shall be required to implement conditions associated with the Minor Amendment subject to the oversight and approval of the Development Services Director (or their designee). 2.4.1.3 Finding Consistent with CEQA Guidelines Section 15126.4(a)(1), feasible measures that can minimize significant adverse impacts were developed for the potentially significant impacts described in Section 2.4.1.1, Potentially Significant Impacts to Biological Resources. The feasible measures, MM-BIO-1 through MM-BIO-16, are listed in Section 2.4.1.2, Mitigation Measures. 2022/01/18 City Council Post Agenda Page 180 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 26 July 2021 The City finds that the mitigation measures are feasible, are adopted, and would reduce the potential biological resources impacts of the proposed project to less-than-significant levels as described above. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid potentially significant biological resource‐related impacts of the project identified in the EIR. 2.4.1.4 Facts in Support of the Findings Related to Biological Resources The City finds that the above mitigation measures are feasible, are adopted, and would reduce the proposed project’s biological resources impacts to less than significant. Potential to impact candidate, sensitive, or special- status-species directly would be reduced to less than significant with incorporation of MM-BIO-1 through MM-BIO- 7, MM-BIO-12, and MM-BIO-13. Additionally, impacts associated with riparian habitat or other sensitive natural communities would be reduced to less than significant with incorporation of MM-BIO-1, MM-BIO-2, and MM-BIO-8 through MM-BIO-13. Furthermore, impacts associated with conflict of an Adopted Habitat Conservation Plan, or other approved local, regional, or State habitat conservation plan would be reduced to less than significant with incorporation of MM -BIO-1 through MM- BIO-16. There would be no significant, unavoidable impacts related to biological resources after implementation of these mitigation measures. Refer also to Section 5.3 of the Final EIR. 2.4.2 Cultural and Tribal Cultural Resources 2.4.2.1 Description of Potentially Significant Impacts to Cultural and Tribal Cultural Resources Impacts to archaeological resources No known cultural resources will be impacted as a result of project implementation. However, while no cultural resources have been identified or recorded within the proposed project area of potential effect (APE), the proximity to known sites beyond the southern boundary of the project site, P-37-010473 (CA-SDI-10473) and P-37-010471 (CA-SDI-10471), indicates a high sensitivity of encountering intact subsurface cultural resources. The hills dividing Poggi Canyon and its affiliated seasonal drainage (located within the northern portion of the site) from the more substantial Otay River (located 1 mile directly south of the proposed project APE) likely housed numerous trails connecting them, and may have hosted occasional gatherings or other activities. As with the existing archaeological record of the broader area, the proposed project APE may contain intact, buried evidence of prehistoric or historic transit, transportation, short-term encampments, and/or resource acquisition. There is potential to encounter previously unidentified subsurface cultural deposits. Therefore, impacts would be potentially significant and mitigation, as required and detailed in MM-CUL-1, would reduce potentially significant impacts to a level below significance. Disturb any human remains, including those interred outside of formal cemeteries No evidence of human remains, including those interred outside of formal cemeteries, was discovered during the records search, literature review, field survey, or site testing and evaluation. Further, the site has been previously disturbed and never used as a formal cemetery. However, the possibility exists that human remains may be 2022/01/18 City Council Post Agenda Page 181 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 27 July 2021 discovered during project grading and construction. Any disturbance of human remains that may occur during project grading or construction would be potentially significant. Therefore, impacts would be potentially significant and mitigation, as required by mitigation measure MM-CUL-1 would reduce potentially significant impacts to a level below significance. Cause adverse change in the significance of a tribal cultural resource Listed or eligible for listing in the California Register of Historical Resources, or in a loc al register of historical resources as defined in Public Resources Code section 5020.1(k). No historical resources, as defined by California Public Resources Code Section 5020.1(k), are present within areas that would be impacted by the proposed project. No previously recorded tribal cultural resources (TCRs) listed in the CRHR or a local register were identified within the proposed project APE. However, there is still potential to disturb unknown TCRs. Mitigation measure MM-CUL-1 would be implemented to reduce potentially significant impacts to a level below significance. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No TCRs have been identified that could be impacted by the proposed project. However, there is still potential for unknown subsurface TCRs to be present on site. Proposed grading activities have potential to disturb unknown subsurface TCRs. Therefore, impacts would be potentially significant. Mitigation measure MM-CUL-1 would be implemented to reduce potentially significant impacts to a level below significance. 2.4.2.2 Mitigation Measures The following mitigation measure is recommended to reduce potentially significant impacts to unrecorded subsurface archaeological resources, unrecorded human remains, and tribal cultural resources within the proposed project site: MM-CUL-1 A. Prior to beginning construction activities, the project archaeologist and Native American representative shall attend any pertinent preconstruction meetings with the construction manager and/or grading contractor in order to provide recommendations and answer questions relating to the archaeological monitoring program. The project archaeologist shall be familiar with the cultural inventory conducted for the current project and shall be prepared to introduce any pertinent information concerning expectations and probabilities of discovery during ground-disturbing activities. Prior to the initiation of construction, the cultural consultant shall acquire all evaluation information and the draft evaluation report, if a report was prepared. B. Both an archaeological monitor familiar with local resources and a Native American monitor shall be present full time during the initial disturbance of soil with potential to contain cultural deposits. All areas of initial project-related subsurface disturbance shall be assumed to have the potential to contain cultural deposits. Monitoring of initial ground disturbance shall not exceed a depth of 5 feet (1.5 meters) unless cultural resources are identified or if, through direct inspection of subsurface exposures by the project Archaeologist, an area is observed 2022/01/18 City Council Post Agenda Page 182 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 28 July 2021 to have the potential to support the presence of archaeological deposits at greater depths. Cultural resources monitoring may be reduced from initial full-time monitoring to periodic spot checks, or discontinued if appropriate, once the project archaeologist determines that there is little or no risk of encountering cultural material. C. Daily archaeological and Native American monitoring logs shall be prepared. Logs shall include monitor names and affiliations, a description of general activities observed, cultural discoveries, as well as comments or concerns as applicable. D. In the event of an archaeological discovery, and when requested by the archaeological monitor or Native American monitor, the resident contractor will divert, redirect, or temporarily halt ground disturbing activities in the area of discovery or impacts to allow for preliminary inspection of potentially significant archaeological resources or impacts. The significance of the discovered resources or impacts shall be determined by the archaeologist, in consultation with the City of Chula Vista (City). For significant cultural resources, a Research Design and Data Recovery Program shall be prepared and carried out to mitigate impacts before grading activities in the area of discovery shall be allowed to resume. E. The project archaeologist shall be responsible for ensuring that all cultural materials collected will be cleaned, catalogued, and curated permanently with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the City; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material will be identified as to species; and that specialty studies are completed, as appropriate. The project archaeologist shall make a good-faith effort to ensure that all archaeological material collected through previous work is appropriately curated with any material recovered through construction monitoring. F. If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Section 5097.98) and State Health and Safety Code (Section 7050.5) shall be followed by the archaeological monitor after notification to the County Coroner by the project Archaeologist. If Native American remains are present, the County Coroner shall contact the Native American Heritage Commission to designate a Most Likely Descendant, who shall arrange for the dignified disposition and treatment of the remains. G. Within 3 months following the completion of monitoring, two copies of a monitoring results report (even if negative) and/or evaluation report, if applicable, that describes the results, analysis, and conclusions of the archaeological monitoring program (with appropriate graphics) shall be submitted to City. H. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the final evaluation monitoring report. Two copies of the final monitoring report for significant archaeological resources, if required, shall be submitted to the City. This final monitoring report should also incorporate a summary of the evaluation results and analyses previously conducted within the project area. I. The archaeologist shall be responsible for recording (on the appropriate CA DPR 523 Series forms) any significant or potentially significant resources encountered during the archaeological monitoring program in accordance with Section 106 and the City’s Cultural Resources Guidelines, and submittal of such forms to the South Coastal Information Center at San Diego State University with the final monitoring results report. 2022/01/18 City Council Post Agenda Page 183 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 29 July 2021 2.4.2.3 Finding Consistent with CEQA Guidelines Section 15126.4(a)(1), a feasible measure that can minimize significant adverse impacts was developed for the potentially significant impacts described in Section 2.4.2.1, Potentially Significant Impacts to Cultural and Tribal Cultural Resources. The feasible mitigation, MM-CUL-1, is listed in Section 2.4.2.2, Mitigation Measures. The City finds that the mitigation measure is feasible, adopted, and will reduce the potential cultural and tribal cultural resources impacts of the proposed project to less-than-significant levels. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid potentially significant cultural and tribal cultural‐related impacts of the project identified in the EIR. 2.4.2.4 Facts in Support of the Findings Related to Cultural and Tribal Cultural Resources The City finds that the above mitigation measure is feasible, adopted, and will reduce the proposed project’s cultural and tribal cultural impacts. Potential impacts to archaeological resources, disturbance of human remains, and tribal cultural resources would be less than significant with incorporation of MM-CUL-1. There would be no significant, unavoidable impacts related to cultural and tribal cultural resources after implementation of this mitigation measures. Refer also to Section 5.4 of the Final EIR. 2.4.3 Geology and Soils 2.4.3.1 Description of Potentially Significant Impacts to Geology and Soils Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature A review of record search data, geological mapping, geological and paleontological literature, and on-site field survey did not identify any existing paleontological resources within the proposed project APE boundaries. However, the paleontological records search performed by SDNHM revealed there are 14 fossil localities within a 0.5-mile radius of the APE boundaries from the San Diego and Otay Formations, which underlie the majority of the proposed project APE. Based on the records search results and map and literature review, the study area has high potential to produce paleontological resources during planned construction activities. Therefore, the project shall implement MM-GEO-1 to reduce potential impacts in the event paleontological resources are uncovered during construction activities. MM- GEO-1 requires that a qualified paleontologist be retained for the proposed project, in accordance with the Society of Vertebrate Paleontology guidelines, and a complete paleontological monitoring program be adopted prior to project- related earthmoving activities. Therefore, impacts would be potentially significant, but implementation of MM-GEO-1 would reduce potentially significant impacts to a less-than-significant level. 2.4.3.2 Mitigation Measures MM-GEO-1 Paleontological Monitoring Program. Prior to the issuance of grading permits, the applicant shall provide written confirmation to the City that a qualified paleontologist has been retained to carry 2022/01/18 City Council Post Agenda Page 184 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 30 July 2021 out an appropriate mitigation program. (A qualified paleontologist is defined as an individua l with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques.) A pre-grading meeting shall be held that shall include the paleontologist and the grading and excavation contractors. A paleontological monitor shall be on site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e., Otay Formation and San Diego Formation) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall be on site on at least a half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (e.g., unnamed river terrace deposits and the Mission Valley Formation) to inspect cuts for contained fossils. However, neither of these rock units have been mapped within the project area of potential effect (APE) and are therefore not anticipated to be impacted during construction. The monitor shall be on site on at least a quarter-time basis during the original cutting of previously undisturbed sediments of low sensitivity geologic formations (e.g., Lindavista Formation and Santiago Peak Volcanics [metasedimentary portion only]) to inspect cuts for contained fossils. However, these deposits have not been mapped within the project APE and are therefore not anticipated to be impacted during construction. The monitor shall periodically (every several weeks) inspect original cuts in deposits with an unknown resource sensitivity (i.e., Quaternary alluvium). In the event that fossils are discovered in unknown, low, or moderately sensitive formations, the Applicant shall increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring, at the discretion of the City’s Deputy City Manager/Development Services Director or its designee, shall be reduced. A paleontological monitor is not needed during grading of rocks with no resource sensitivity (i.e., Santiago Peak Volcanics, metavolcanic portion). When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete whale skeleton) may require an extended salvage time. In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains such as isolated mammal teeth, it may be necessary in certain instances and at the discretion of the paleontological monitor to set up a screen-washing operation on the site. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. 2022/01/18 City Council Post Agenda Page 185 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 31 July 2021 2.4.3.3 Finding Consistent with the CEQA Guidelines Section 15126.4(a)(1), a feasible measure that can minimize significant adverse impacts was developed for the potentially significant impacts described in Section 2.4.3.1, Potentially Significant Impacts to Geology and Soils. The feasible mitigation measure, MM-GEO-1 is listed in Section 2.4.3.2, Mitigation Measures. The City finds that the mitigation measure is feasible, is adopted, and would reduce the potential geology and soils impacts of the proposed project to less than significant. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that would mitigate or avoid potentially significant geology and soil‐related impacts of the proposed project identified in the EIR. 2.4.3.4 Facts in Support of the Findings Related to Geology and Soils MM-GEO-1 would require that a qualified paleontologist be retained for the proposed project, in accordance with the Society of Vertebrate Paleontology guidelines, and a complete paleontological monitoring program be adopted prior to project-related earthmoving activities. Implementation of MM-GEO-1 would reduce potentially significant impacts related to paleontological resources to a less-than-significant level. There would be no significant, unavoidable impacts related to geology and soils after implementation of this mitigation measure. Refer also to Section 5.6 of the Final EIR. 2.4.4 Hazards and Hazardous Materials 2.4.4.1 Description of Potentially Significant Impacts to Hazards and Hazardous Materials Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires The project site is located in an area statutorily designated as a Local Responsibility Area (LRA) Non-Fire Hazard Severity Zone (FHSZ). However, the project site is within a Supplemental Fire Hazard Zon e as designated by the City. The General Plan designates the project site as a High Hazard area (City of Chula Vista 2005). All new structures within the project site would be constructed in accordance with the enhanced ignition-resistant construction standards of the 2019 CBC (Chapter 7A) and the Urban–Wildland Interface code Chapter 5, except where buildings require enhanced ignition resistance as part of an alternative material and method proposal. These requirements address roofs, eaves, exterior walls, vents, appendages, windows, and doors and result in hardened structures that have been proven to perform at high levels (resist ignition) during the typically short duration of exposure to burning vegetation from wildfires. Buildings that include higher occupancies shall meet all California Fire and Building requirements for higher occupancy structures. Included in the high occupancy category are multi- family residences over three units, attached condominiums, and attached townhomes up to three stories, but less than 30 feet overall height. In addition, the project would include fire protection systems including fire hydrants, automatic fire sprinkler system, and fire alarm systems and residential hazard detectors. 2022/01/18 City Council Post Agenda Page 186 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 32 July 2021 Per CVMC Chapter 15.36, the City shall incorporate vegetation management and clearance standards set by the California Fire Code. As such, FMZs of one hundred feet would be located on the perimeter of all structures and along both ingress/egress roadways to and from Olympic Parkway However, due to site constraints, it is not feasible to achieve a 100-foot FMZ width on the south side of the project site. As a result, fire exposure for buildings along the southern edge of the project site would be potentially significant. Mitigation measure MM-WF-1 includes the placement of non-combustible, heat-deflecting walls to provide additional deflection for these lots to compensate for the reduced fuel modification zones to ensure impacts would be less than significant. 2.4.4.2 Mitigation Measures MM-WF-1 Site Access Site access, including fire lane, driveway, and entrance road widths, primary and secondary access, gates, turnarounds, dead end lengths, signage, aerial fire apparatus access, surface, and other requirements will comply with the requirements of the 2019 California Fire Code and the Chula Vista Fire Department (CVFD) Standards. Fire access will be reviewed and approved by CVFD prior to construction. The developer will provide information illustrating the new roads, in a format acceptable to the City, for updating of City maps. Ignition Resistant Construction All new structures within the Proposed Project will be constructed to at least the California Fire Code standard. Each of the proposed buildings will comply with the enhanced ignition -resistant construction standards of the 2019 CBC (Chapter 7A) and Chapter 5 of the Urban -Wildland Interface code, except where buildings require enhanced ignition resistance as part of an alternative material and method proposal. These re quirements address roofs, eaves, exterior walls, vents, appendages, windows, and doors and result in hardened structures that have been proven to perform at high levels (resist ignition) during the typically short duration of exposure to burning vegetation from wildfires. Fire Protection Systems 1. Water supply requirements specified in the California Fire Code (see FPP, Appendix H3, for additional details) including for hydrants and interior sprinklers will be provided for the proposed project. 2. Hydrants shall be located along fire access roadways and cul-de-sacs as determined by the CVFD Fire Marshal to meet operational needs. Hydrants will be consistent with CVFD Design Standards and provided every 500 feet (on-center). 3. All structures within the Proposed Project will include interior sprinklers, per code requirements (see FPP, Appendix H3, for additional details). Sprinklers will be specific to each occupancy type and based on the most recent National Fire Protection Association (NFPA) 13, 13R, or 13D, requirements. 4. All residential units shall have a fire alarm system be installed in accordance with NFPA 72, Fire Protection Signaling System and CVFD requirements. The fire alarm system will be 2022/01/18 City Council Post Agenda Page 187 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 33 July 2021 supervised by a third-party alarm company. The system will be tested annually, or as needed, with test results provided to CVFD. Additionally, all residences will be equipped with residential smoke detectors and carbon monoxide detectors and comply with current CBC, CFC, and California Residential Code standards. All residential dwelling units shall have electric-powered, hard-wired smoke detectors with battery backup per CVFD. Defensible Space and Vegetation Management Fuel Modification Zones (FMZs) would be located on the perimeter of all structures and along both ingress/egress roadways to and from Olympic Parkway. All brush management zones and related fuel modification activities shall occur outside of the Preserve. FMZs shall be a minimum of 100 feet in width. A 100-foot-wide FMZ will be installed for lots abutting designated Preserve Lands to the north and west of the Project Site. To ensure long-term identification and maintenance, each respective FMZ shall be identified by a permanent marker system meeting the approval of CVFD. Other Vegetation Management 1. New roads will be subject to fuel modification zones with Zone 1 and/or Zone 2 standards described above. The combustible vegetation will be modified within 30 feet from each side of Streets A and B. Roadway-adjacent fuel modification does not preclude the planting of street trees in these fuel modification zones, as long as they are not found on the Prohibited Plant List (Appendix D of the FPP) and are included in the Approved Plant Palette (Appendix C of the FPP). 2. Pre-Construction Requirements: • Perimeter fuel modification areas must be implemented and approved by the CVFD prior to combustible materials being brought on site. • Existing flammable vegetation shall be reduced by 50% on vacant lots upon commencement of construction. • Dead fuel, ladder fuel (fuel which can spread fire from ground to trees), and downed fuel shall be removed, and trees/shrubs shall be properly limbed, pruned, and spaced per this plan. 3. Undesirable Plants. Certain plants are considered to be undesirable in the landscape due to characteristics that make them highly flammable. These characteristics can be physical (structure promotes ignition or combustion) or chemical (volatile chemicals increase flammability or combustion characteristics). The plants included in the Prohibited Plant List (Appendix D of Appendix H3, FPP) are unacceptable from a fire safety standpoint and will not be planted on the site or allowed to establish opportunistically within fuel modification zones or landscaped areas. No fuel modification zones are proposed within the MSCP areas, thus no vegetation within the MSCP will be removed. 2022/01/18 City Council Post Agenda Page 188 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 34 July 2021 Tree Notes for Publicly Owned Areas. The project shall maintain all trees in publicly owned areas, per the project's FPP. These requirements include, but are not limited to: • All standard form (single trunk) trees to include a single strong central leader with no branches extending at an angle narrower than 30 degrees from the main trunk. If the tree does not display a single strong central leader, a tree may be approved if the Developer’s arborist or landscape architect of record can demonstrate that a single strong central leader can be achieved through structural pruning. • No grafted species that sucker from the base stock will be allowed as a street tree. Vacant Parcels and Lots The project shall comply with requirements of the project's FPP related to vacant parcels and lots. These requirements include, but are not limited to: • Vegetation management would not be required on vacant lots until construction begins. However, perimeter FMZs must be implemented prior to commencement of construction utilizing combustible materials. • Vacant lots adjacent to active construction areas/lots would be required to implement vegetation management if they are within 50 feet of the active const ruction area. Perimeter areas of the vacant lot would be maintained as a vegetation management zone extending 50 feet from roadways and adjacent construction areas. • Prior to issuance of a permit for any construction, grading, digging, installation of fences, etc., on a vacant lot, the 50 feet at the perimeter of the lot is to be maintained as a vegetation management zone. • FMZ on slope L&I does not have to be completed prior to construction starting, but all flammable vegetation and plants found on the Prohibited Plant List, needs to grubbed and graded or mowed prior to any construction. Fuel Modification Area Vegetation Maintenance All fuel modification area vegetation management shall be completed annually by May 1 of each year and more often as needed for fire safety, as determined by the CVFD. Annual Fuel Modification Area Vegetation Maintenance The property owner would obtain an FMZ inspection and report from a qualified CVFD -approved 3rd party inspector in May of each year certifying that vegetation management activities throughout the Project Site have been performed pursuant to this FPP. A copy of the annual inspection report would be provided to the proposed project homeowner association (HOA) and a copy made available to CVFD, if requested. Reduced Fuel Modification Zone Discussion 2022/01/18 City Council Post Agenda Page 189 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 35 July 2021 Due to site constraints, it is not feasible to achieve a 100-foot FMZ width on the south side of the proposed development. This FPP incorporates additional fire protection measures as described in this mitigation measure that shall be implemented to compensate for potential fire related threats. These measures were customized for this site based on the analysis results and focus on providing functional equivalency for reduced defensible space. Landscape and Building Hardening. 1. Provide exterior glazing in windows (and sliding glass doors, garage doors, or decorative or leaded glass doors) facing the open space areas to be dual pane with both panes tempered glass, exceeding the fire-building code requirement. 2. Ensure no eave overhangs and combustible construction in portion of yards facing natural open space areas. 3. Install 1-hour rated walls (Type X- 5/8-inch thickness of gypsum) behind non-combustible covering (stucco, fiber cement siding) for a façade facing the open space areas to the east and south. 4. Conduct a formal landscaping plan review for structures with a façade facing open space area. Landscape plans shall be reviewed and approved by the Chula Vista Fire Department. 5. Annually hire a third-party inspector to evaluate whether designated fuel modification zone areas meet the requirements of the project Fire Protection Plan. 6. Provide a non-combustible fire-rated 6-foot-tall masonry block or view wall at the property line on the south and east sides of the proposed project to provide a physical, non-combustible barrier that would deflect heat and flame and would capture ground-blowing embers before they reached the proposed project’s developed areas. The proposed project’s slopes to the south provide an opportunity to place a non-combustible, 6-foot-tall, heat-deflecting wall (or view wall with lower 1 to 2 feet block wall and upper 4 to 5 feet dual-pane, one pane tempered glazing) to provide additional deflection for these lots to compensate for the reduced fuel modification zones. The wall shall meet any of the following specifications: • Be constructed of multi-pane glazing with a minimum of one tempered pane meeting the requirements of Section 2406 Safety Glazing, or • Have a fire-resistance rating of not less than 20 minutes when tested according to NFPA 257, or • Be tested to meet the performance requirements of SFM Standard 12-7A-2. Homeowner’s Wildfire Education Program Per the FPP, the proposed project’s residents shall be provided a proactive educational component disclosing the potential wildfire risk and this report’s requirements as part of their purchase documents. Property owners shall be required to sign notice of receiving this information during escrow. This educational information must include maintaining the landscape and structural components according to the appropriate standards and embracing a “Ready, Set, Go” stance on evacuation. 2022/01/18 City Council Post Agenda Page 190 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 36 July 2021 2.4.4.3 Findings per CEQA Guidelines Consistent with CEQA Guidelines Section 15126.4(a)(1), feasible measures that can minimize significant adverse impacts were developed for the potentially significant impacts described in Section 2.4.4.1, Potentially Significant Impacts to wildfires. The feasible mitigation measure, MM-HAZ-1 is listed in Section 2.4.4.2, Mitigation Measures. The City finds that the mitigation measure is feasible, is adopted, and would reduce the potential impacts associated with wildfires to less than significant. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in or incorporated into the proposed project that will mitigate or avoid potentially significant impacts on hazards and hazardous materials. 2.4.4.4 Facts in Support of the Findings Related to Hazards and Hazardous Materials Implementation of MM-WF-1 would be required, applying only to the walls of the structures that face the open space areas adjacent to the project site. Implementation of MM-WF-1 would reduce potentially significant impacts related to hazards and hazardous materials, specifically wildfire, to less than significant. There would be no significant, unavoidable impacts related to hazards and hazardous materials after implementation of this mitigation measure. There would be no significant, unavoidable impacts related to hazards and hazardous materials after implementation of this mitigation measures. Refer also to Section 5.8 of the Final EIR. FMZs would be located on the perimeter of all structures and along both ingress/egress roadways to and from Olympic Parkway. However, due to site constraints, it is not feasible to achieve a 100-foot FMZ width on the south side of the project site. As such, it is possible that the project would exacerbate wildfire risk and impacts would be potentially significant; thus, the project would implement MM-WF-1 which includes fire protection measures that shall be implemented to compensate for potential fire related threats. Implementation of MM-WF-1 would reduce potentially significant impacts related to wildfire to less than significant. There would be no significant, unavoidable impacts related to wildfire after implementation of this mitigation measure. Refer also to Section 5.17 of the Final EIR. 2.4.5 Public Services 2.4.5.1 Description of Potentially Significant Impacts to Public Services Fire Protection Services The proposed project is projected to slightly increase the nearest City fire station’s (Fire Station 3) current call volume, but not at significant levels, because the current call volume is considered slightly above average compared to other urban fire stations and the capacity would not be considered impacted to the point of res ulting in a busy or stressed condition. Therefore, the proposed project does not include the construction or alteration of any fire stations in the City in order to maintain acceptable service ratios, response times or other performance objectives. In the event that new fire stations are constructed after implementation of the proposed project, the new fire stations would be supported on a fair share basis by future development (including the proposed project), through payment of the City’s Public Facilities Development Impact Fee (PFDIF). The PFDIF addresses a project’s proportional impact on capital facilities, such as structures and equipment, associated with fire protection. It does not address the impacts associated with operations and maintenance for those facilities, and it is the City’s policy 2022/01/18 City Council Post Agenda Page 191 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 37 July 2021 to use public funds such as property taxes, sales taxes, and fees generated by the proposed project to cover the incremental costs associated with providing fire services. This impact would be potentially significant if these mechanisms are not enforced. Therefore, impacts would be potentially significant, and incorporation of MM-PS-1 would be required to reduce impacts to a less than significant level. Police Protection Services The project would generate approximately 2,315 residents. Thus, rounding the number of residents to 2,500 to determine adequate police coverage would result in approximately 3 sworn police officers (2.5 multiplied by 1.16) required to support the population generated from the project. Although additional law enforcement staff may be required to adequately support the proposed project at buildout, the project would be required to pay the PFDIF, which would be used exclusively for future facility improvements necessary to ensure that the development contributes its fair share of the cost of police facilities and equipment determined to be necessary to adequately accommodate new development in the City. This impact would be potentially significant if these PFDIF mechanisms are not enforced. Therefore, impacts would be potentially significant; however, with incorporation of MM-PS-1, impacts would be reduced to a less than significant level. Schools Fees paid by the developer would be used to offset the impact of the number of new students generated by the development of the proposed project. These fees are required to be paid by future development prior to issuance of building permits. The project site is located within existing Community Facilities Districts (CFD) for Chula Vista Elementary School District (CFD No. 4) and Sweetwater Union High School District (CFD No. 4), which impose a special tax on property owners to finance facilities for both school districts. Any development of new school facilities resulting from these CFDs would be undertaken by the school district and an environmental document would be prepared at such time. Pursuant to Education Code Section 17620(a)(1), the governing board can authorize the levy of a fee, charge, dedication, or other requirements against any construction within school district boundaries, and with the school district’s collection of Statutory and Alternative fees developers could fully mitigate their impact. However, in the event that these taxes are not implemented, impacts to schools would be potentially significant. Therefore, impacts would be potentially significant; however, with incorporation of MM-PS-2, impacts would be reduced to a less than significant level. Parks The proposed project is aligned with the City’s forecasted population growth for 2030. The proposed project would not disrupt the City’s existing conditions and existing plans that would create an adequate parkland per resident ratio. The Applicant would comply with CVMC Section 19.80, Controlled Residential Development, which would ensure that development would not degrade existing public services and facilities below acceptable standards for parks and other public services. Payment of appropriate fees (further discussed below) would allow existing public services and facilities to remain at acceptable standards while the usage potentially increases due to the population increase resulting from the proposed project. The applicant would comply with CVMC Section 19.09, Growth Management, which provides policies and programs that tie the pace of development to the provision of public 2022/01/18 City Council Post Agenda Page 192 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 38 July 2021 facilities and improvements. CVMC Section 19.09.040E, specifically, requires three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of I-805. Additionally, the proposed project would pay the appropriate land acquisition and park development fees to offset potential impacts to recreational facilities and parkland. A Community Benefit Agreement between the City and the Applicant stipulates that the Applicant shall pay the City a Park Benefit Fee, equal to the Park Acquisition and Development (PAD) fee that would have been due pursuant to CVMC Section 17.10, of approximately $11.03 million based on 2019 PAD fees, which may be revised by the City from time to time. The Public Benefit Fee would be used by the City to acquire or develop parkland, pursuant to the City’s Parks and Recreation Master Plan. Without payment of the Park Benefit Fees, impacts associated with parks would be potentially significant. Therefore, impacts would be potentially significant; however, with incorporation of MM-PS-3, impacts would be reduced to a less than significant level. Libraries The proposed project would generate demand for approximately 1,158 square feet of additional library facilities within the City. Although the proposed project does not specifically include the development of a library, this demand would be satisfied through payment of PFDIF as stated in CVMC Section 3.50.030 and 3.50.060, which would go toward the City’s library system expansion program. Thus, impacts would be potentially significant if these PFDIF mechanisms are not enforced. Therefore, impacts would be potentially significant ; however, with incorporation of MM-PS-1, impacts would be reduced to a less than significant level. 2.4.5.2 Mitigation Measures MM-PS-1 Prior to the issuance of each building permit for any residential dwelling units, the applicant shall pay a Public Facilities Development Impact Fee (PFDIF) in accordance with the fees in effect at the time of building permit issuance and phasing approved in the Supplemental Public Facilities Finance Plan, unless stated otherwise in a separate development agreement. MM-PS-2 Prior to the issuance of a building permit, the applicant shall provide evidence or certification by the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) that any fee charge, dedication or other requirement levied by the school district(s) has been complied with or that the district(s) has determined the fee, charge, dedication or other requirements do not apply to the construction or that the applicant has entered into a school mitigation agreement. School facility mitigation fees shall be in accordance with the fees in effect at the time of building permit issuance. MM-PS-3 No earlier than issuance of certificate of occupancy, the applicant shall pay the Park Benefit Fee, as outlined in the project’s Development Agreement, equal to the City’s Park Acquisition and Development (PAD) Fee Update pursuant to Chula Vista Municipal Code Section 17.10. The final Park Benefit Fee amount shall be determined based on the number and type of residential units constructed and the PAD fee rates in effect as of the effective date of the project’s Development Agreement. To create this Park Benefit Fee, the City will waive the parkland dedication and development requirements set in Chapter 17.10 of the Chula Vista Municipal Code, including the Parkland Acquisition and Public Facilities Development fees, and Quimby Act fees. The Park Benefit 2022/01/18 City Council Post Agenda Page 193 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 39 July 2021 Fee shall satisfy the project’s park obligations and may be utilized by the City to acquire or develop parkland, as the City determines appropriate and in the best interest of the City. 2.4.5.3 Findings per CEQA Guidelines Consistent with CEQA Guidelines Section 15126.4(a)(1), feasible measures that can minimize significant adverse impacts was developed for the potentially significant impacts described in Section 2.4.5.1, Potentially Significant Impacts to Public Services. The feasible measures, MM-PS-1 through MM-PS-3, are listed in Section 2.4.5.2, Mitigation Measures. The City finds that the mitigation measures are feasible, are adopted, and would reduce the potential public service impacts of the proposed project to less than significant. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in or incorporated into the proposed project that would mitigate or avoid potentially significant impacts associated with public services. 2.4.5.4 Facts in Support of the Findings Related to Public Services Implementation of MM-PS-1 would require that prior to the issuance of each building permit for any residential dwelling units, the applicant shall pay a PFDIF in accordance with the fees in effect at the time o f building permit issuance and phasing approved in the Supplemental Public Facilities Finance Plan, unless stated otherwise in a separate development agreement. Additionally, implementation of MM-PS-2 would require that prior to the issuance of a building permit, the applicant shall provide evidence or certification by the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) that any fee charge, dedication or other requirement levied by the school district(s) has been complied with or that the district(s) has determined the fee, charge, dedication or other requirements do not apply to the construction or that the applicant has entered into a school mitigation agreement. Furthermore, implementation of MM-PS-3 would require that no earlier than issuance of certificate of occupancy, the applicant shall pay the Park Benefit Fee, as outlined in the project’s Development Agreement, equal to the City’s Park Acquisition and Development (PAD) Fee Update pursuant to Chula Vista Municipal Code Section 17.10. Thus, implementation of MM-PS-1 through MM-PS-3 would reduce potentially significant impacts related to public services to less than significant. Therefore, there would be no significant, unavoidable impacts related to public services after implementation of these mitigation measures. Refer also to Section 5.13 of the Final EIR. 2.4.6 Recreation 2.4.6.1 Potentially Significant Impacts to Recreation Increase the use of existing neighborhood and regional parks or other recreational facilities The proposed project would comply with the PLDO by the payment of the Park Benefit Fee pursuant to the Community Benefit Agreement described below. Therefore, the proposed project would not disrupt the City’s existing conditions and existing plans that would create an adequate parkland per resident ratio. Additionally, the Applicant would comply with CVMC Section 19.80, Controlled Residential Development, which would ensure that development would not degrade existing public services and facilities below acceptable standards for parks and other public services. Payment of appropriate fees (further discussed below) would allow existing public services and facilities to remain 2022/01/18 City Council Post Agenda Page 194 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 40 July 2021 at acceptable standards while the usage potentially increases due to the population increase resulting from the proposed project. The Applicant would comply with CVMC Section 19.09, Growth Management, which provides policies and programs that tie the pace of development to the provision of public facilities and improvements. CVMC Section 19.09.040E, specifically, requires “three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of I-805.” While not contributing to the parkland requirement, the proposed project would provide 0.9 acres of CPF land and 63.6 acres of MSCP Preserve open space areas well as various passive and active recreational open space areas, to be distributed throughout the residential areas. Furthermore, the proposed project would pay the appropriate land acquisition and park development fees to offset potential impacts to recreational facilities and parkland. A Community Benefit Agreement between the City and the Applicant stipulates that the Applicant shall pay the City a Park Benefit Fee , equal to the Park Acquisition and Development (PAD) fee that would have been due pursuant to CVMC Section 17.10, of approximately $11.03 million based on 2019 PAD fees, which may be revised by the City from time to time. Payment of the Park Benefit Fee would satisfy the proposed project’s park obligations and may be utilized by the City to acquire or develop parkland at some point in the future, as the City determined appropriate and in the best interest of the City. Without payment of the Park Benefit Fee, impacts associated with recreational facilities would be potentially significant. Therefore, impacts would be potentially significant and incorporation of MM-PS-3 would be required to reduce impacts to a less than significant level. 2.4.6.2 Mitigation Measures Refer to MM-PS-3 in Public Services Section 2.4.5.2, Mitigation Measures. 2.4.6.3 Findings per CEQA Guidelines Consistent with CEQA Guidelines Section 15126.4(a)(1), a feasible measure that can minimize significant adverse impacts was developed for the potentially significant impacts described in Section 2.4.6.1, Potentially Significant Impacts to Recreation. The feasible mitigation measure, MM-PS-3, is listed in Section 2.4.6.2, Mitigation Measures. The City finds that this mitigation measure is feasible, is adopted, and would reduce the potential recreational impacts of the proposed project to less than significant. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in or incorporated into the proposed project that would mitigate or avoid potentially significant impacts from recreation. 2.4.6.4 Facts in Support of the Findings Related to Recreation Incorporation of MM-PS-3 would require that no earlier than issuance of certificate of occupancy, the applicant shall pay the Park Benefit Fee, as outlined in the project’s Development Agreement, equal to the City’s Park Acquisition and Development (PAD) Fee Update pursuant to Chu la Vista Municipal Code Section 17.10. Therefore, implementation of MM-PS-3 would reduce potentially significant impacts related to recreation to less than significant. There would be no significant, unavoidable impacts related to recreation after implementation of this mitigation measure. Refer also to Section 5.14 of the Final EIR. 2022/01/18 City Council Post Agenda Page 195 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 41 July 2021 2.4.7 Wildfire 2.4.7.1 Potentially Significant Impacts to Wildfire Due to slope prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire As mentioned previously in Section 2.4.4, Hazards and Hazardous Materials, the project includes fire resistance- related measures that shall lessen the potential impact of the project exacerbating wildfire risk. FMZs would be located on the perimeter of all structures and along both ingress/egress roadways to and from Olympic Parkway . Roadway-adjacent fuel modification does not preclude the planting of street trees in these fuel modification zones, as long as they are not found on the Prohibited Plant List and are included in the Approved Plant Palette. Typical fuel modification includes establishment of a minimum 50-foot wide irrigated zone (Zone 1) and a 50-foot wide thinned zone (Zone 2) on the periphery of the project site, beginning from the rear or side yard lot line. As discussed in the FPP, FMZ areas experience a significant reduction in flame length and intensity. Reduction of flame lengths and intensities are assumed to occur within the full 100 feet of fuel modification (a combination of Zones 1 and 2). However, due to site constraints, it is not feasible to achieve a 100-foot FMZ width on the south side of the project site. As such, it is possible that the project would exacerbate wildfire risk and impacts would be potentially significant. Thus, implementation of MM-WF-1 is required and would reduce impacts to a less than significant level. 2.4.7.2 Mitigation Measures Refer to MM-WF-1 in Hazards and Hazardous Materials Section 2.4.4.2, Mitigation Measures. 2.4.7.3 Findings per CEQA Guidelines Consistent with CEQA Guidelines Section 15126.4(a)(1), a feasible measure that can minimize significant adverse impacts were developed for the potentially significant impacts described in Section 2.4.7.1, Potentially Significant Impacts to Wildfire. The feasible mitigation measure, MM-WF-1, is listed in Section 2.4.7.2, Mitigation Measures. The City finds that the mitigation measure is feasible, is adopted, and would reduce the potential wildfire impacts of the proposed project to less than significant. Accordingly, the City finds that, pursuant to CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in or incorporated into the proposed project that would mitigate or avoid potentially significant impacts from wildfire. 2.4.7.4 Facts in Support of the Findings Related to Wildfire Implementation of MM-WF-1 would be required, applying only to the walls of the structures that face the open space areas adjacent to the project site. Implementation of MM-WF-1 would reduce potentially significant impacts related to wildfire, to less than significant. There would be no significant, unavoidable impacts related to wildfire after implementation of this mitigation measures. Refer also to Section 5.8 of the Final EIR. FMZs would be located on the perimeter of all structures and along both ingress/egress roadways to and from Olympic Parkway. However, due to site constraints, it is not feasible to achieve a 100-foot FMZ width on the south side of the project site. As such, it is possible that the project would exacerbate wildfire risk and impacts would be potentially significant; thus, the project would implement MM-WF-1 which includes fire protection measures that shall be implemented to 2022/01/18 City Council Post Agenda Page 196 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 42 July 2021 compensate for potential fire related threats. Implementation of MM-WF-1 would reduce potentially significant impacts related to wildfire to less than significant. There would be no significant, unavoidable impacts related to wildfire after implementation of this mitigation measure. Refer also to Section 5.17 of the Final EIR. 2022/01/18 City Council Post Agenda Page 197 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 43 July 2021 INTENTIONALLY LEFT BLANK 2022/01/18 City Council Post Agenda Page 198 of 415 12612 44 July 2021 3 Findings on Project Alternatives CEQA requires that an EIR describe a range of reasonable alternatives to a project, or to the location of the project, that could feasibly attain the basic objectives of that project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, “The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]). 3.1 Alternatives Considered and Eliminated During the Scoping/Project Planning Process The CEQA Guidelines provide that an EIR should “identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the project alternatives proposed during the scoping and planning process and the reasons they were not selected for detailed analysis in th e EIR. With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines Section 15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries … and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” In determining an appropriate range of proposed project alternatives to be evaluated in the EIR, a number of possible alternatives were initially considered and then rejected. Proposed project alternatives were rejected because they could not accomplish the basic objectives of the proposed project, or they would not have resulted in a reduction of significant adverse environmental impacts. Alternative Locations Pursuant to Section 15126.6(f)(2) of the CEQA Guidelines, the City considered the potential for alternative locations to the project. There are sites within the City of an approximately equivalent size to the project site that could be redeveloped with a residential project; however, the project applicant does not control another site within the City of comparable land area that is available for development of the proposed project. One of the factors for feasibility of an alternative is “whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” Because the City is highly urbanized and is largely built out, obtaining another site of a similar size in a similar location is not considered feasible. It should also be noted that the project site is surrounded on all sides by development. As such, an alternative location was ultimately rejected from further analysis in the Final EIR. 3.2 Alternatives Selected for Further Analysis This section discusses a reasonable range of alternatives to the proposed project, including a No Project Alternative, in compliance with CEQA Guidelines Section 15126.6(e). These alternatives are as follows: • Alternative 1: No Project/No Build Alternative 2022/01/18 City Council Post Agenda Page 199 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 45 July 2021 • Alternative 2: Existing Land Use Designation Alternative • Alternative 3: Reduced Development Alternative These alternatives are evaluated for their ability to avoid or substantially lessen the impacts of the proposed project identified in the Final EIR, and in consideration of their ability to meet the basic objectives of the proposed project as described in the Final EIR. 3.2.1 Alternative 1: No Project/No Build Alternative Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of a No Project/No Build Alternative. The “purpose of describing and analyzing a no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project” (14 CCR 15126.6[e][1]). When defining the No Project/No Build Alternative, the analysis must be informed by “what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services” (14 CCR 15126.6[e][2]). Description Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of the No Project/No Build Alternative, which reflects the “circumstances under which the project does not proceed.” Under the No Project/No Build Alternative, no development would occur on the project site. Accordingly, the site characteristics of this alternate would be equivalent to the existing conditions. Finding The City rejects the No Project/No Build Alternative as undesirable because it would not meet any of the project objectives. Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible. Rationale While the No Project/No Build Alternative would have lesser impacts in the majority of resource areas, adoption of the No Project/No Build Alternative would not meet most of the project objectives. Alternative 1 would not support Objective 1 by developing a pedestrian-oriented community with a range of residential uses, open space and MSCP Preserve areas, and recreational opportunities, which are compatible with the adjacent established residential communities. The No Project (No Build) alternative would not meet Objective 2 in contributing to the growing housing needs of the City and the region by providing for multi-family housing units with a range of housing types to accommodate a spectrum of demographics. Portions of the project site would not be preserved as permanent open space, nor would there be an increase in MSCP Preserve Areas as described in Objective 3. Alternative 1 would not support Objective 4 in providing pedestrian and bicycle facilities, including pedestrian connections to the existing Chula Vista Regional Trail and connections to existing bike lanes within Olympic Parkway and nearby transit. The No Project (No Build) alternative would not meet Objective 5 because the both the General Plan, GDP and SPA anticipated development of the site as part of the Sunbow Master Plan and the goals, objectives, and policies of the MSCP would not be met because land would not be preserved in the MSCP preserve system in pe rpetuity Objective 8 would not be met by the No Project/No Build Alternative because a land use plan that can realistically be developed within a foreseeable time frame and under economic conditions would not be implemented. Since 2022/01/18 City Council Post Agenda Page 200 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 46 July 2021 no construction or development would occur under this alternative, Objectives 6 with respect to ensuring adequate public and community facilities would not be met. This alternative would not generate funding for existing and planned infrastructure and services through payment of development impact fees. Additionally, this alternative would not widen or improve off-site roads, or extend or expand existing planned infrastructure related to the project. Objective 7, ensuring new uses are compatible with the existing regulations, would not be relevant. Refer to Section 1.2.1, Project Objectives, for a list of project objectives. Refer also to Chapter 10 of the Final EIR. For these reasons and others detailed in the record before the City, the City rejects the No Project (No Build) Alternative as both undesirable and infeasible. 3.2.2 Alternative 2: Existing Land Use Designation Alternative Description The Existing Land Use Designations Alternative would include the development consistent with the City’s General Plan, Sunbow General Development Plan (GDP) and Sectional Planning Area (SPA) Plan. The City’s General Plan designates the development area within the southeastern portion of the site as Research & Limited Industrial. The Sunbow GDP designated the 54.7 acres as Industrial Park to include research/development and light industrial uses, with approximately 700,000 square feet of leasable area generating approximately 2,800 employment opportunities; however, actual leasable area may be less than this approximation when accounting for required infrastructure and amenities. Note, that the development areas under the existing land use designations and the proposed project are different than the MSCP hardline, established after the approval of the Sunbow GDP and SPA Plan. The rest of the project site would be preserved as Open Space and MSCP Preserve, similar to the proposed project. It is anticipated that access would be provided via Olympic Parkway and internal circulation on the project site would be similar to the proposed project. However, features such as pedestrian and bicycle circulation, the Community Purpose Facility (CPF), and active and passive recreational open space areas, proposed to be developed throughout the residential uses under the proposed project, would not be deve loped under the Existing Land Use Designations Alternative. Finding The City rejects the Existing Land Use Designation Alternative as undesirable because it would only partially meet the objectives of the project, would result in greater impacts to some environmental issue areas, and would still result in significant and unavoidable impacts to GHG emissions. Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible. Rationale As discussed in Section 10 of the Final EIR, under the Existing Land Use Designations Alternative environmental impacts related to most of the topical areas of the EIR would be similar as compared to the project. However, the environmental impacts associated with Air Quality and Noise would be increased under the Existing Land Use Designations Alternative as compared to the proposed project. Finally, environmental impacts would be reduced with respect to Recreation, The Existing Land Use Designations Alternative would meet project Objective 5, because this alternative would implement the goals, objectives, and policies of the Chula Vista General Plan, the MSCP Subarea Plan, the Sunbow 2022/01/18 City Council Post Agenda Page 201 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 47 July 2021 GDP, and the Sunbow SPA Plan; and Objective 6, because public services and facilities would be provided under this alternative in accordance with the City’s Growth Management Ordinance. The Existing Land Use Designations Alternative would not meet Objectives 1, 2, 3, 4, 7 or 8. Objective 7 would only be partially met because while the new uses would meet established setbacks and design standards for industrial uses, it would not enhance the quality of life for neighboring residential properties because environmental impacts associated with Air Quality and Noise would be increased. Objectives 1, 2, and 4 pertain to residential development and associated pedestrian and bicycle facilities which would not be included under this alternative. This alternative would not contribute to meeting the growing housing needs of the City and the region by providing for multi-family housing units with a range of housing types to accommodate a spectrum of demographics (objective 2). Nor would it develop a residential community that is compatible with the surrounding residential uses (objective 1). This alternative would not meet Objective 9 given that the site has been designated for industrial uses for approximately 30 years yet has remained undeveloped. While this alternative would preserve portions of the site, it would not result in an increase in MSCP Preserve Areas (Objective 3). Refer also to Section 10 of the Final EIR. For these reasons and others detailed in the record before the City, the City rejects Alternative 2 as both undesirable and infeasible. 3.2.3 Alternative 3: Reduced Development Alternative Description The Reduced Development Alternative would include the development of 360 residential units, within a similar development footprint as the proposed project. This number of units, which is 358 fewer units than the proposed project was chosen in order to provide low to medium density residential. This alternative would still include associated infrastructure, a reduced size Community Purpose Facility, and Open Space/MSCP Preserve areas as proposed under the project. Due to the decreased number of units within a similar development footprint, the Reduced Development Alternative is assumed to be developed with low to medium density residential rather than medium-high and high density residential as proposed under the project. The proposed project would require a Boundary Line Adjustment (BLA) between the currently proposed development boundaries and the mapped Multiple Species Conservation Program (MSCP) preserve on-site. Due to the reduced development of this alternative, this BLA would be avoided under this alternative. However, it should be noted that the BLA proposed under the project would result in an increase MSCP Preserve Areas. Finding The City rejects the Existing Land Use Designation Alternative as undesirable because the alternative would only partially meet the objectives of the project and would still result in significant and unavoidable impacts to GHG emissions. Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible. Rationale As discussed in Section 10 of the Final EIR, in the event Alternative 3, Reduced Residential Alternative, is developed, significant environmental impacts would be reduced with respect to energy, public services, recreation, transportation utilities and service systems. However, environmental impacts related to Wildfire, Population and Housing, Land Use 2022/01/18 City Council Post Agenda Page 202 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 48 July 2021 and Planning, Hydrology and Water Quality, Hazards and Hazardous Materials, Geology and Soils, Cultural and Tribal Cultural Resources, Biological Resources, and Aesthetics would be similar under the Reduced Residential Alternative as compared to the project. Environmental impacts related to GHG would remain significant and unavoidable. The Reduced Development Alternative would meet most of the project objectives, with the exception of Objectives 1, 2, and 3, it would not contribute to meeting the growing housing needs of the City and the region to the same extent as the proposed project because the reduction in housing density to low and medium would not allow for multi-family housing units with a range of housing types or residential uses. Multi-family housing that would be provided by the project accommodates a wide variety of household types, income levels, and lifestyle preferences; thus, the Reduced Development Alternative would potentially decrease opportunities for housing supply, diversity, and economic competitiveness. Additionally, while this alternative would preserve portions of the project site, it would not result in an increase to MSCP Preserve Areas that would occur under the project. This alternative would still result in significant and unavoidable impacts to GHG emissions and a majority of the environmental impacts would remain the same as the project. Refer also to Section 10 of the Final EIR. For these reasons and others detailed in the record before the City, the City rejects Alternative 2 as both undesirable and infeasible. 3.2.4 Environmentally Superior Alternative The No Project Alternative would result in the least environmental impacts and would be the environmentally superior alternative. However, Section 15126.6(e)(2) of the CEQA Guidelines states that if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. In this case, the environmentally superior alternative is the Reduced Development Alternative. The Reduced Development Alternative would meet most of the project objectives, but to a lesser degree than the proposed project while reducing impact resulting from greater population growth of the proposed project. 2022/01/18 City Council Post Agenda Page 203 of 415 12612 49 July 2021 4 General CEQA Findings Based on the foregoing Findings and the information contained in the administrative record, and as conditioned by the foregoing, the City has determined the following: 1. The plans for the proposed project have been prepared and analyzed so as to provide for public involvement in the planning and the CEQA processes. 2. To the degree that any impacts described in the Draft EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effect of such impacts has been substantially lessened or avoided by the mitigation measures set forth in the Draft and Final EIR. 3. Comments regarding the Draft EIR received during the public review period have been adequately addressed in Chapter 2, Responses to Comments Received, in the Final EIR. Any significant effects described in such comments were avoided or substantially lessened by the mitigation measures described in the Draft and Final EIR. 4.1 Findings Regarding Recirculation The City finds that the Draft EIR does not require recirculation under CEQA (CEQA Section 21092.1, CEQA Guidelines Section 15088.5). CEQA Guidelines Section 15088.5 requires recirculation of an EIR prior to certification of the Final EIR when “significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review.” As described in CEQA Guidelines Section 15088.5: New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that: 1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; 2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; 3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; 4. The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. In addition, CEQA Guidelines Section 15088.5(b) provides that “recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR.” Recirculation also is not required simply because new information is added to an EIR; indeed, new information is oftentimes added given CEQA’s public/agency comment and response process and CEQA’s post-Draft EIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation 2022/01/18 City Council Post Agenda Page 204 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 50 July 2021 is “intended to be an exception rather than the general rule” (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132). As such, the City makes the following Findings: 1. None of the public comments submitted to the City regarding the Draft EIR present any significant new information that would require the Draft EIR to be recirculated for public review. 2. No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts. 3. The Draft EIR adequately analyzed project alternatives and there are no feasible alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. 4. The Draft EIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment. In this legal context, the City finds that recirculation of the Draft EIR prior to certification is not required. In addition to providing responses to comments, the Final EIR includes revisions to expand upon information already presented in the Draft EIR (Chapter 3, Changes to the Draft EIR); explain or enhance the evidentiary basis for the Draft EIR’s findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the Draft EIR. The Final EIR’s revisions, clarifications, and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact. In sum, the Final EIR demonstrates that the proposed project would not result in any new significant impacts or increase the severity of a significant impact compared to the analysis presented in the Draft EIR. The changes reflected in the Final EIR also do not indicate that meaningful public review of the Draft EIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required because revisions to the EIR are not significant as defined in Section 15088.5 of the CEQA Guidelines. 4.2 Legal Effects of Findings To the extent that these Findings conclude that the proposed mitigation measures outlined herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures. These Findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect upon approval of the proposed project. The mitigation measures that are referenced herein and adopted concurrently with these Findings will be effectuated through the process of construction and implementation of the proposed project as indicated in the concurrently adopted MMRP. 2022/01/18 City Council Post Agenda Page 205 of 415 12612 51 July 2021 5 Statement of Overriding Considerations Pursuant to PRC Section 21081(b) and CEQA Guidelines Section 15093(a) and (b), the decision-making agency is required to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of a project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 CCR 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (14 CCR 15093[b]). Courts have upheld overriding considerations that were based on a variety of policy considerations , including new jobs; stronger tax base; and implementation of an agency’s economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformity to community plan, and provision of construction jobs (see Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v. Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v City of San Diego (1984) 155 Cal App. 3d 1037; Markley v. City Council (1982) 131 Cal App.3d 656). In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the MMRP, when implemented, will avoid or substantially lessen virtually all of the significant effects identified in the EIR for the Sunbow SPA Plan Amendment for the Sunbow II, Phase 3 Project . However, certain significant impacts of the proposed project are unavoidable even after incorporation of all feasible mitigation measures. These significant unavoidable impacts result from GHG impacts due to generation of GHG emissions, that may either directly or indirectly have a significant impact on the environment and conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. The City finds that all feasible mitigation measures identified in the Final EIR would be imple mented with the proposed project. As identified below, the City further finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits based on the facts set forth above, the Final EIR, and the record. The City finds that any one of the benefits set forth below is sufficient by itself to warrant approval of the proposed project. This determination is based on the Findings herein and the evidence in the record. Having balanced the unavoidable adverse environmental impacts against each of the benefits, the City hereby adopts this Statement of Overriding Considerations for the following reasons: 1. Contribution of the growing housing needs of the City and region: The project would provide balanced and diverse housing opportunities to the City and would provide housing to accommodate the City’s future growth projections. The project features four unique multi-family attached residential product types with 15 unique floorplans, ranging in square footage from approximately 1,100 to 2,050, in two- and three-story homes, to accommodate a full spectrum of family demographics. The project’s mix of housing types and choices would also support a reasonable share of the City’s projected regional population growth to help the City meet its required regional housing needs, as detailed in the City’s General Plan Housing Element and SANDAG’s Regional Housing Needs Assessment. The project will also provide an affirmative outreach program, 2022/01/18 City Council Post Agenda Page 206 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 52 July 2021 including advertising and marketing, that would encourage buyers of all majority and minority groups, regardless of sex, disability, and familial status. In addition, the project will contribute to the Balanced Communities Policy by extending covenants for an existing affordable housing complex in Sunbow II, called “Villa Serena Senior” which provides 132 units for seniors. Under the Development Agreement being entered into by the applicant and city, sixty-seven (67) units currently designated as moderate-income units will be restricted to low income housing and the Affordability Covenants will be extended until June 1, 2055. 2. Park Benefit Fee: Payment of a Park Benefit Fee, equal to the PAD fee that would have been due pursuant to CVMC Section 17.10, of approximately $11.03 million based on 2019 PAD fees, which may be revised by the City from time to time. The final Park Benefit Fee amount will be determined based on the number and type of residential units constructed and the PAD fee rates in effect as of the effective date of the project’s Development Agreement. This Park Benefit Fees may be utilized by the City for park and recreational amenities that can be used anywhere in the City that it deems appropriate. 3. Facilitation of Economic Growth: After marketing the project for over 30 years as an industrial park, the applicant will aid the City which provides an opportunity to facilitate economic growth funding for office uses within the SR-125 corridor or the construction of facilities for academic, institutional, and innovation- related businesses within the University Innovation District. 4. Preservation and increase of MSCP Preserve Areas: Approximately 63.6 acres of Open Space (Parcels OS- 1, OS-2, OS-3, and OS-9b) would be preserved as MSCP open space under the City’s MSCP Subarea Plan. The MSCP open space area would be dedicated to the City of Chula Vista. The MSCP open space area would be managed, monitored and maintained by the City with funding provided by CFD 98-3. The proposed MSCP Boundary Adjustment would meet the MSCP Boundary Line Adjustment functional equivalency criteria and would result in a 0.09-acre increase to the MSCP Preserve Area. 5. Public Facilities Financing: To identify, summarize, and implement the various facility costs associated with the project, a Supplemental Public Facility Financing Plan (PFFP) was prepared for the project that implements the City’s Growth Management Program and meets General Plan/Growth Management Element goals and objectives. The Chula Vista Growth Management Program ensures the City’s necessary public facilities and services exist or are provided concurrent with the demands of new development. 6. Benefits from Construction Jobs Creation: The project will boost the local economy by supporting construction related jobs during the approximately 7 years of project construction. 7. Fiscal Impact: The proposed project encourages economic growth and diversity within the City. The project will provide a stable and significant source of property tax revenue for the City by increasing tax revenues from residential uses, supports employment of construction workers, and reduces per capita costs for provision of public services. The Fiscal Impact Report prepared for the project utilized the City’s Fiscal Impact Model and estimated that the project with generate $3 million in net positive impacts to the City’s General Fund over a 20-year period, and also estimated year-over-year net positive impacts. 8. Job Enhancement Funds. The project will provide a unique public benefit to the community by providing $8.0 million in Job Enhancement Funds that can be used by the City as a catalyst for development that will 2022/01/18 City Council Post Agenda Page 207 of 415 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SUNBOW SPA PLAN AMENDMENT FOR THE SUNBOW II, PHASE 3 PROJECT EIR 12612 53 July 2021 generate high-quality jobs within the SR-125 corridor or University Innovation District Master Plan. Thus, facilitating the creation of high-quality jobs and economic growth within the City by providing opportunities that target and attract industries and businesses that contribute to diversification and stabilization of the local economy and allow the City to advance the vision of the University Innovation District (such as enabling the development of an Institute for International Studies), or some other notable project at the City’s discretion. On balance, the City finds that under CEQA Guidelines Section 15126.6(t)(l), there are specific economic, legal, social, technological, and other considerations associated with the proposed project that serve to override and outweigh the significant unavoidable effects of the proposed project, and, thus, the adverse effects are considered acceptable. Therefore, the City hereby adopts this Statement of Overriding Considerations. 2022/01/18 City Council Post Agenda Page 208 of 415 12612 54 July 2021 6 Conclusion The mitigation measures listed in conjunction with each of the findings set forth above, as implemented through the MMRP, will eliminate or reduce to a less-than-significant level most of the adverse environmental impacts of the proposed project. The significant and unavoidable impacts of the proposed project would be rendered acceptable by the specific economic, legal, social, technological, and other considerations benefits identified in Section 5, Statement of Overriding Considerations. Taken together, the Final EIR, the mitigation measures, and the MMRP provide an adequate basis for approval of the proposed project. 2022/01/18 City Council Post Agenda Page 209 of 415 12612 55 July 2021 INTENTIONALLY LEFT BLANK 2022/01/18 City Council Post Agenda Page 210 of 415 Sunbow II, Phase 3 Attachment 6-8 https://cvapps.chulavistaca.gov/WebLink/browse.aspx?startid=241876 2022/01/18 City Council Post Agenda Page 211 of 415 RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Above Space for Recorder’s Use DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF CHULA VISTA, a chartered California municipal corporation ("City") and ACI SUNBOW LLC, a limited liability corporation (“Owner”). City and Owner whenever referenced herein collectively shall be referred to as “Parties” and whenever referenced hereinafter individually may be referred to as “Party.” The Parties agree as follows: RECITALS A. City’s Authority to Enter into Development Agreement. City is authorized under California Government Code sections 65864 et seq. to enter into binding development agreements with persons having legal or equitable interests in real property for the purposes of assuring, among other things, (i) certainty as to permitted land uses in the development of such property, (ii) provides for the construction of adequate public facilities to service such property, and (iii) ensures the successful completion of the Sunbow General Development Plan, a 604.8 acre master planned community (“Sunbow Master Plan”). B. The Property: Owner’s Interest. Owner has a legal or equitable interest or both in the approximately 135.7-acre site more particularly described in Exhibit “A” attached hereto (the “Property”). The Property is the subject of this Agreement and is located within Sunbow II Phase 3 of the Sunbow Master Plan. Owner intends that its successors in interest and all other persons holding legal or equitable interest or both in the Property benefit from and be bound by this Agreement, as more particularly described herein. The owner intends to develop, improve, build on, sell or lease the Property or portions thereof to various builders (as hereinafter defined) who may acquire portions of the Property and the benefits and burdens under this Agreement. C. The Project. The Property is being planned as a community with a range of residential uses, open space and MSCP Preserve areas, and recreational opportunities (the “Project”). More particularly, the Project is located south of Olympic Parkway, east of Brandywine Avenue, and north and northwest of the Otay Landfill. The Project will provide 534 multi-family medium-high-density residential dwelling units and 184 multi-family high-density residential dwelling units for a total of 718 units on the site. The Project will also include various passive and 2022/01/18 City Council Post Agenda Page 212 of 415 2 Sunbow DA 2022 active recreational open space areas distributed throughout the residential areas to provide recreational opportunities within walking distance of the proposed residential uses. D. Approval of Community Benefit Agreement. The Owner and City entered into that certain Community Benefit Agreement (approved by Resolution No. 2020-003, January 7, 2020) wherein the Owner would provide eight million dollars that can be used by the City to direct the construction of a project in furtherance of the goals set forth in the University Innovation District Master Plan, on a site located within the University Innovation District Master Plan or within the SR-125 corridor that is owned by the City or under the control or ownership of a non-profit entity that has been established to effectuate the goals of the University Innovation District Master Plan (the “Job Enhancement Funds”). By way of example only, such project could involve : (i) the construction of a Class “A” office building or an academic, commercial or innovation facility or building that will attract job enhancing uses into the SR-125 corridor or the University Innovate District Master Plan; (ii) such other uses that would enable the development of an Institute for International Studies; or (iii) some other notable project at the City’s discretion consistent with the goals of the University Innovation District Master Plan. E. Project Approvals. On _____________, the City approved a General Plan Amendment (by Resolution No. XX), an amendment to the Sunbow General Development Plan, an amendment to Sunbow Sectional Planning Area (SPA) Plan, (by Resolution No. XX), rezone (by Ordinance No. XX), a Development Agreement (by Ordinance No. XX), Tentative Map 20- 0002 (by Resolution No. XX), and other related entitlements for the Project. E. Certification of EIR. Prior to the City’s adoption of the Existing Project Approvals (as hereinafter defined) described above, the City Council (i) independently reviewed and considered the significant environmental impacts of the Project and several alternatives to the Project as described in that certain Final Environmental Impact Report (“Project EIR”) and (ii) adopted Resolution No. XXXX on XXX certifying the Project EIR as adequate and complete, making Findings concerning Mitigation Measures and Alternatives, adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring and Reporting Plan (“MMRP”) all in accordance with the provisions of the California Environmental Quality Act, California Public Resources Code section 21000, et seq. (“CEQA”) F. City and Owner Acknowledge. City and Owner acknowledge this Agreement will provide the following mutual benefits: 1. Facilitate the efficient development of the Project that will ensure the City’s timely receipt of the Job Enhancement Funds; and 2. Establish mechanisms that will help provide for the financing and construction of facilities necessary to provide for anticipated levels of service to residents of the Project; and 3. Provide Owner with assurances regarding the Existing Project Approvals and regulations that will be applicable to the development of the Project consistent with the existing land use regulations and the Existing Project Approvals; and. 2022/01/18 City Council Post Agenda Page 213 of 415 3 Sunbow DA 2022 4. Assure that the Project does not cause any conflict with City's growth management goals and objectives by, for example, ensuring the provision of adequate public facilities at the time of Development, proper timing and sequencing of Development, effective capital improvement programming, and appropriate Development incentives; and 5. Allow for the development of the Property, that has remained undeveloped for the last thirty (30) years, with 718 multifamily units, a 0.9-acre Community Purpose Facility site, 16 acres of open space, and 64 acres of MSCP Preserve open space land. G. The Parties agree that the covenants, promises and other material requirements of this Agreement constitute adequate consideration that is fair, just, mutual, equitable and reasonable. In particular, Owner would not enter into this Agreement, nor agree to provide and furnish funds for the public and private Development and infrastructure described in this Agreement, if not for the promise of City that the Property can be developed pursuant to the Existing Project Approvals and Applicable Laws. Similarly, City would not enter into this Agreement if not for the promise of Owner to provide the public facilities, public infrastructure and other public benefits provided for in this Agreement. H. Owner acknowledges and confirms that the timing and terms for City’s approval, as more particularly described in the Existing Project Approvals, satisfy the requirements to trigger Owner’s obligation to pay the Job Enhancement Funds described in Recital D. I. Planning Commission. On________, City's Planning Commission held a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended approval of this Agreement. J. City Council Approval. On ________, the City Council held a duly noticed public hearing on this Agreement, at the conclusion of which the Council introduced and conducted the first reading of the ordinance approving the Agreement, and subsequently, on _____, adopted Ordinance No. _______approving the Agreement. As part of its initial hearing, the City Council considered and approved the environmental documentation for this Agreement as being in compliance with the California Environmental Quality Act. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and Owner hereby agree as follows: ARTICLE 1 DEFINITIONS In this Agreement, unless the context otherwise requires, the following terms shall mean: “Applicable Law” means laws, rules, regulations and official policies of City (including General Plan policies, Administrative codes, ordinances, resolutions and other local laws, regulations, and policies of City) in force and effect on the Effective Date. 2022/01/18 City Council Post Agenda Page 214 of 415 4 Sunbow DA 2022 “City Council” means the Chula Vista City Council. “City Laws” means any new rules, laws, regulations, policies, ordinances, resolutions and standards adopted by the City after the Effective Date of this Agreement that can be applied to decisions on Future Project Approvals or amendments to Existing Project Approvals as provided for herein. “Builder” means the entity, person or persons to whom Owner will sell, lease or convey or has sold, leased or conveyed the Property or portions thereof, for purposes of its improvement for residential, commercial, industrial or other uses. “CEQA” means the California Environmental Quality Act, California Public Resources Code sections 21000, et seq and State CEQA Guidelines, Title 14 of the California Code of Regulations, section 15000 et seq. “City” means the City of Chula Vista, in the State of California. "CFD" means a Community Facilities District formed pursuant to the provisions of the Mello-Roos Community Facilities District Act, California Government Code Section 53311, et seq. "Development" means the construction, reconstruction, conversion, structural alteration, relocation, maintenance or enlargement of any structure; any mining, excavation, grading, landfill, or land disturbance; the construction of roadways, water and sewer infrastructure and other infrastructure improvements directly related to the Project whether located within or outside the Property; the installation of landscaping and other facilities and improvements necessary or appropriate for the Project; and any use or extension of the use of land. “Development Impact Fee” or “DIF” means assessment, fee, charge or dedication imposed upon development within the City pursuant to a Development Impact Fee Program or equivalent program, adopted in accordance with the requirements of State law. “Effective Date” means the first date on which all of the following are true: (a) the Owner has signed the Agreement and returned the signed Agreement to the City; (b) the City Council has adopted Ordinance No._______, approving the Agreement. “Existing Project Approvals” means the entitlements for the Project described in Recitals above, and in particular the following: (i) amendment to the General Plan, (ii) amendment to the Sunbow General Development Plan (iii) an amendment to Sunbow SPA II, (iv) the rezone of the Property, (v) Tentative Map NO. 20-0002, (vi) all associated documents that have been attached and made a part thereof, such as the PFFP, and (vii) the Project EIR, all as may be amended from time to time consistent with this Agreement. “Final Map(s)” means any final subdivision map for all or any portion of the Property upon which the Project is located. 2022/01/18 City Council Post Agenda Page 215 of 415 5 Sunbow DA 2022 “Future Project Approvals” means all discretionary and ministerial permits and approvals requested by the Owner and approved by the City after the Effective Date of this Agreement, including, but not limited to: (i) grading permits; (ii) site plan reviews; (iii) design guidelines review; (iv) subdivisions of the Property, or re-subdivisions of the Property; (v) conditional use permits; (vi) variances; (vii) encroachment permits; (viii) rezoning’s; and (ix) all other reviews, permits, and approvals of any type which may be required from time to time to authorize public or private on- or off-site development which is a part of the Project. “Growth Management Ordinance” means Chapter 19.09 of City’s Municipal Code, as it exists on the date the Development Agreement is adopted. “Job Enhancement Funds” means the sum of eight million dollars to be paid by Owner in three payments as provided herein and as further defined in Recital D. “Owner” means the person, persons, or entity having a legal or equitable interest in the Property, or parts thereof, and includes Owner’s successors-in-interest and “Builder” as defined herein. “PFFPs” means the Public Facilities Financing Plan for the Project, adopted as a part of the Project. “Planning Commission” means the Planning Commission of the City of Chula Vista. “Project” means the Development of the Project and all related private and public improvements on and off the Property as provided for in the Existing Project Approvals and as may be authorized by the City in Future Project Approvals. “Project Improvements and Infrastructure” means public and private improvements and facilities (located on and off the Property) constructed to serve the Project as described in the Existing Project Approvals or as may be imposed, pursuant to the terms of this Agreement, as part of Future Project Approvals. “Property” means the real property described in Exhibit “A.” “Term” of this Agreement means the period defined in Article 2, below. ARTICLE 2 TERM 2.1. Term. This Agreement shall become effective as to the Property upon the Effective Date and shall continue for fifteen (15) years (“Term”) thereafter. The Term may be extended at the Owner’s sole option for two additional ten (10) year terms. In addition to the extensions herein provided, the Owner may request that the term of the Agreement be extended beyond the two additional extensions, which will be processed in the same manner as an amendment to this Agreement. In the event of litigation challenging this Agreement or the Project, the Term is automatically suspended for the duration of such litigation and resumes upon final disposition of such challenge and any appeal thereof upholding the validity of this Agreement or the Project. In 2022/01/18 City Council Post Agenda Page 216 of 415 6 Sunbow DA 2022 the event that a referendum petition concerning this Agreement or Project is duly filed in such a manner that the ordinance approving this Agreement or the Project is suspended, then the Term is deemed to commence upon City Council’s certification of the results of the referendum election affirming this Agreement or the Project as the case may be. 2.2 Extension. The Term shall be extended for any period of time during which processing of applications for the Project, Future Project Approvals or issuance of building permits to Owner is suspended for any reason other than due to the actions or the default of the Owner, and for such period of time equal to the period of time during which any action by the City or court action limits the processing of such Project applications, Future Project Approvals, issuance of building permits or any other development of the Property consistent with this Agreement. 2.3. Covenants Running with the Land. As of the Effective Date, the terms and provisions of this Agreement are enforceable by the parties as equitable servitudes affecting the Property, constituting covenants running with the land pursuant to California law including, without limitation, Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Property, run with the Property, and are binding upon Owner and the successors and assigns of Owner during their respective ownership of the Property. 2.4. Execution and Recordation. The City shall promptly execute this Agreement within thirty (30) days after the Effective Date following City Council approval. The City may execute the Agreement in counterparts as set forth in Section 15.5 herein. Within 10 days after the Agreement has been executed by the City, the City Clerk shall notify the Owner of such execution and provide Owner the Agreement for recordation. The Owner shall cause the recordation of such Agreement and provide the City with a confirmed copy within ten (10) business days following its recordation. 2.5 Public Benefits. The Parties agree that the covenants, promises and other material requirements as set forth herein constitute adequate consideration that is fair, just, mutual, equitable and reasonable. The Owner would not enter into this Agreement, nor agree to provide and furnish funds for the public and private Development and infrastructure described in this Agreement, if not for the promise of City that the Property can be developed pursuant to the Existing Approvals and Applicable Laws. Similarly, City would not enter into this Agreement if not for the promise of Owner to provide the public facilities, public infrastructure and other public benefits provided for in this Agreement. ARTICLE 3 VESTED RIGHTS 3.1. Vested Rights. In consideration of the benefits to City, as set forth herein, Owner is vested with the right to develop and maintain the Property to the land uses, densities and intensities of use, and the reservations and dedication of land for public purposes as provided in the Existing Project Approvals, as such approvals may be amended from time to time, and subject to Applicable Laws and as further provided in Section 3.4 below. If Future Project Approvals are obtained by Owner, they shall be vested to the same extent as the Existing Project Approvals. 2022/01/18 City Council Post Agenda Page 217 of 415 7 Sunbow DA 2022 3.2. Maximum Height and Size of Structures. The maximum height and size of structures to be constructed on the Project will be governed by the Existing Project Approvals. 3.3. Applicable Law. As provided by this Agreement, the rules, regulations and official policies (including General Plan policies, Administrative codes, ordinances, resolutions and other local laws, regulations and policies of City) governing the permitted uses, the density and intensity of use, the design, improvement and construction standards and specifications of any improvements and the mitigation of impacts of the Project, shall be those in full force and effect on the Effective Date (“Applicable Law”). Applicable Law includes the Existing Project Approvals, as they may be issued or amended from time to time, in a manner consistent with both the terms and provisions of this Agreement. The City shall retain its discretionary authority as to amendments to Existing Project Approvals and to Future Project Approvals, provided however, such decisions shall be regulated by the Applicable Laws and as further provided in Section 3.4 below. 3.3.1. Amendments. By way of example, the following illustrate the application of amendments that would hinder, impede or cause an unreasonable delay of the Project as authorized by the Existing Project Approvals and would be considered in conflict with the Applicable Laws. (i) Prevent all or a portion of the Project or the Property from being developed, used, operated or maintained in accordance with the terms and provisions of this Agreement, Existing Project Approvals, or Applicable Laws; (ii) Limit or reduce the overall density, intensity or unit count of the Project, or any part thereof, to a density, intensity or unit count that is lower than that specified in this Agreement, Existing Project Approvals or Applicable laws; (iii) Modify any land use designation or conditional use of the Property in a manner inconsistent with this Agreement, Existing Project Approvals, or Applicable Laws; (iv) Limit or control the rate, timing, phasing or sequencing of the approval, development, construction or occupancy of all or any portion of the Project or Property except as specifically permitted by this Agreement; (v) Impose any condition, dedication or exaction that would conflict with this Agreement, Existing Project Approvals, or Applicable Law; (vi) Require the issuance of discretionary permits or nondiscretionary permits, to the extent such permits impose new or different substantive requirements on Owner or the Project that are not otherwise required by Applicable Laws, Existing Project Approvals, or this Agreement; (vii) Apply to the Project any provision, condition or restriction that would be inconsistent with this Agreement, Existing Project Approvals, or Applicable Law; 2022/01/18 City Council Post Agenda Page 218 of 415 8 Sunbow DA 2022 (viii) Apply to the Project any rent control or price control provisions or uniform or prevailing wage requirements except to the extent required under state law, unless otherwise permitted by this Agreement; (ix) Limit or control the location of buildings, structures, grading, or other improvements of the Project or the Property in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement, Existing Project Approvals, or Applicable Laws; (x) Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services or facilities in a manner other than as specifically set forth in this Agreement or Applicable Law (for example, water rights, water connections or wastewater treatment capacity rights, sewer connections, etc.) for the Project or the Property; (xi) Apply to the Project or the Property any City Law allowed by this Agreement that is not uniformly applied on a City-wide basis to other development projects and properties; (xii) Establish, enact, increase, or impose against the Project any fees, Development Impact Fees, assessments, liens or other monetary obligations other than (i) those specifically permitted by this Agreement, and (ii) City-wide taxes and assessments (provided such City-wide taxes or assessments are not disproportionately applied to the Property); or (xi) Limit the processing or issuance of amendments to Existing Project Approvals or Future Project Approvals other than as specifically set forth in this Agreement or Applicable Law. 3.4. Development Impact Fees. Except as otherwise provided in this Agreement, only those Development Impact Fee in effect as of the Effective Date and as described on attached Exhibit B may be applied to the Project or the Property. All Project Development Impact Fees will be paid at the time the City issues certificates of occupancy unless otherwise noted in this Agreement. Any increase in a Development Impact Fee can be challenged by Owner, pursuant to City ordinance and state law. The Parties acknowledge that the provisions contained in this paragraph 3.4, and as set forth in Exhibit B, are intended to implement the intent of the Parties that Developer has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receive the benefits which will be conferred as a result of such Development without abridging the right of the City to act in accordance with its powers, duties and obligations, except as specifically provided in this Agreement. 3.5. Reserved Authority. The City may apply changes in City Laws, regulations, ordinances, standards or policies specifically mandated by changes in state or federal law in compliance with Article 12 herein. If City amends its Growth Management Ordinance, the amended Growth Management Ordinance shall apply to the Project upon Owner’s written acceptance, which acceptance shall not constitute an amendment to this Agreement. This provision 2022/01/18 City Council Post Agenda Page 219 of 415 9 Sunbow DA 2022 shall not affect any mitigation measures required of Owner under the environmental document certified for the Project. 3.6. Owner’s Option to Apply New Rules. Owner may elect, with the City Manager, or their designee, consent to have applied to the Project any rules, regulations, policies, ordinances or standards enacted after the Effective Date of this Agreement. The City Administrative Officer shall not unreasonably withhold said consent. 3.7. Modifications to Existing Project Approvals. It is contemplated by the Parties to this Agreement that the Owner may seek modifications to the Existing Project Approvals from time to time. These modifications are contemplated as within the scope of this Agreement and shall, if approved by the City, be incorporated into and constitute for all purposes an Existing Project Approval. Owner and City agree that any such modifications to Existing Project Approvals will not constitute an amendment to this Agreement nor require an amendment to the Agreement. The City shall process and act on such applications in accordance with the applicable provisions of the Applicable Law. 3.8. Moratorium and other Limitations. This Project is exempt from any moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting subdivision maps, building permits, certificates of occupancy or other land use entitlements that are approved or to be approved, issued or granted within the City. To the maximum extent permitted by law, City must prevent any City Law from invalidating or prevailing over all or any part of this Agreement, and City must cooperate with Owner and undertake such actions as needed to ensure this Agreement remains in full force and effect. If City applies to the Project a City Law that Owner believes to conflict with Applicable Laws or this Agreement, Owner may take such action as may be permitted under Section 15.16 and Article 10 herein. City must not support, adopt or enact any City Law, or take any other action, which would violate the express provisions of this Agreement or the Existing Project Approvals. Owner may also challenge in court any City Law that would conflict with Applicable Laws or this Agreement or reduce the development rights provided by this Agreement, in accordance with the dispute resolution provisions of Section 15.19 below. 3.9. State and Federal Law. As provided in Government Code § 65869.5, in the event that state or federal laws or regulations, enacted after the Effective Date (“Changes in the Law”) prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement will be, by operation of law, modified or suspended, or performance thereof delayed, as and to the extent that may be necessary to comply with such Changes in the Law. In the event any state or federal resources agency (i.e., California Department of Fish and Game, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality Control Board/State Water Resources Control Board), in connection with its final issuance of a permit or certification for all or a portion of the Project, imposes requirements (“Permitting Requirements”) that require modifications to the Project, then the parties will work t ogether in good faith to incorporate such changes into the Project; provided, however, that if Owner appeals or challenges any such Permit Requirements, then the Parties may defer such changes until the completion of such appeal or challenge. As set forth in Section 3.6 herein, such modifications are contemplated to be within the scope of this Agreement and shall, upon written acceptance by the Parties, 2022/01/18 City Council Post Agenda Page 220 of 415 10 Sunbow DA 2022 constitute for all purposes the Existing Project Approval and will not require an amendment to the Agreement. 3.10. Further Assurances. To the extent permitted by law, City must take all actions needed to ensure that the vested rights provided by this Agreement can be enjoyed by Owner including, without limitation, any actions needed to ensure the availability of public services and facilities to serve the Project or the Property as development occurs. Should any initiative, referendum, or other measure be enacted that would affect the Project or the rights provided by this Agreement, Owner agrees to fully defend the City against such a challenge in a manner consistent with Section 15.18 below. The City must not take any actions relative to the Property whether or not covered by this Agreement that would impede, hinder or frustrate Owner’s ability to develop or use the Property in a manner consistent with this Agreement. 3.11. Time for Construction and Completion of Project. Development of the Project shall be subject to all timing and phasing requirements established by the Existing Project Approvals. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the intention of the City and Owner to cure that deficiency by specifically acknowledging that timing and phasing of development is completely and exclusively governed by the Existing Project Approvals, and that Owner has the right to develop the Project at such time as Owner deems appropriate within the exercise of its subjective business judgment. Nothing in this Agreement shall be deemed to require Owner to proceed with the development of any portion of the Project or make any financial commitment associated with any such development if, in Owner’s sole and absolute discretion, Owner determines that it is not in Owner’s best financial or other interest to do so. The City and Owner agree that the Project and related infrastructure is expected to be built in phases in response to existing market conditions over the term of this Agreement, there is no requirement that Owner initiate or complete development of the Project or any particular phase of the Project within any particular period of time, and City will not impose such a requirement on any Project Approval. The Parties acknowledge that Owner cannot at this time predict when or the rate at which or the order in which phases will be developed. Such decisions depend upon numerous factors which are not within the control of the Owner, such as market demand, interest rates, competition and other factors. The provisions of the foregoing sentence do not, however, limit any obligation of Owner under this Agreement with respect to any development activities that are chosen by Owner to be undertaken hereunder. ARTICLE 4 PROCESSING PROJECT 4.1. Processing of Future Project Approvals. City will accept for processing development applications and requests for Future Project Approvals, or other entitlements with respect to the development and use of the Property and will consider such matters in accordance with the appropriate process set forth in the Applicable Laws. The City will diligently work towards the timely issuance of such entitlements, including grading plans, improvement plans, and other plans or permits, as needed to issue building permits such efforts will include the City’s expedited processing of grading plans, improvement plans, and other plans or permits, as needed 2022/01/18 City Council Post Agenda Page 221 of 415 11 Sunbow DA 2022 to issue a building permit. City shall treat the Project as a priority and shall make best efforts to dedicate sufficient attention and resources to the Project to facilitate the expeditious development thereof, as contemplated by this Agreement. The costs for processing work related to the Project, including hiring of additional City personnel to dedicate to the Project and/or the retaining of professional consultants, will be reimbursed to City by Owner in a manner consistent with the City Laws and applicable State law. City shall retain its discretionary authority to act on Future Project Approvals and apply City Laws to such matters, provided the City Laws do not conflict with Applicable Laws or the rights provided by this Agreement. By way of example, the application of City Laws that would prevent the uses, densities or intensities of development specified herein or as authorized by the Existing Project Approvals or would unreasonably delay development of the Project would be considered in conflict with the rules, regulations and official policies in effect as of the Effective Date of this Agreement and to the intent of the Parties. In addition, the City may also apply changes in City Laws, regulations, ordinances, standards or policies specifically mandated by changes in state or federal law in compliance with Article 12 herein. 4.2 Length of Validity of Tentative Subdivision Maps. Government Code section 66452.6 provides that tentative subdivision map(s) may remain valid for a length up to the term of a Development Agreement. The City agrees that all tentative subdivision maps (vesting or otherwise) for the Project, shall be for a term coterminous with the length of this Agreement. 4.3 Pre-Final Map Development. If Owner desires to do certain work on the Property (for example, grading) after approval of a tentative map, but prior to the recordation of a final map, it may do so by obtaining a grading and/or other required approvals from the City prior to recordation of a final map. The permit or approval may be approved or denied by the City in accordance with the requirements of the Applicable Laws and other City regulations or policies as may be applicable; provided the Owner is in compliance with this Agreement and with the terms of all Existing Project Approvals and Future Project Approvals. In addition, the Owner shall be required to post a bond or other reasonably adequate security required by City in an amount reasonably determined by the City to assure the rehabilitation of the land if the applicable final map does not record. 4.4 Transfer of Rights and Obligations of Development. Whenever Owner conveys a portion of the Property, the rights and obligations of this Agreement shall transfer in accordance with Article 7 herein. 4.5. Cooperation with respect to Project Improvements and Infrastructure. City shall cooperate with Owner to take all actions necessary and appropriate to facilitate the timely development of Project Improvements and Infrastructure. Such cooperation includes, without limitation, the following actions as may be applicable to the City in the exercise of its legislative discretion: (i) the diligent and timely commencement of the City’s exercise of its power of eminent domain authority in a manner consistent with the laws of the State of California (and subject to the City’s exercise of its discretion, the making of all necessary findings and determinations required to exercise such power), to acquire any rights of way or other real property interests identified by Owner to be necessary or appropriate for the Project Facilities and Infrastructure; and (ii) City’s diligent efforts to work with other landowners and governmental and quasi-governmental agencies to ensure the timely approval and construction of such Project Facilities and Infrastructure. Owner must notify City as to when a right of way will be required to meet Owner’s construction schedule. 2022/01/18 City Council Post Agenda Page 222 of 415 12 Sunbow DA 2022 Upon Owner’s notice and as provided for by law, City agrees to use its best efforts to take such actions in a timely manner as needed to consider the acquisition of any and all necessary right of ways, provided however, the City shall not be obligated under this Section to exercise its power of eminent domain with respect to any real property. 4.6. City’s Acceptance of Dedications. City agrees to accept the easements to be provided by the Owner for conservation of portions of the Poggi Creek channel within ninety (90) calendar days of such offer by Owner. All other Owner offers of dedication required by this Agreement or the Existing Project Approvals must be accepted by City within a reasonable time, provided that the applicable improvements are completed consistent with Applicable Law. 4.7. Affordable Housing Obligation. Because of the special benefits provided by the Project as described in this Agreement, the City has provided the Project with a variance from its affordable housing obligations as permitted by the Balanced Communities Policy and Guidelines. The Project shall hereafter satisfy its affordable housing obligations by the following two requirements: (i) Prior to the issuance of the two hundredth (200th) building permit for the Project, the Owner shall execute an amendment to the covenants and restrictions ("Affordability Covenant") set forth in that certain Regulatory Agreement dated June 1, 2000 between the California Tax Credit Allocation Committee and Serena Sunbow, L.P. (recorded as Document No. 20000-0641390 in the San Diego County Recorder’s Office, Nov. 27, 2000) to be extended for sixty-seven (67) low-income housing units in the Villa Serena residential housing project to June 1, 2055. The extended Affordability Covenant for the sixty-seven (67) units shall be recorded as a restrictive covenant in the official records of the County of San Diego. (ii) The Owner shall implement an outreach program, including advertising and marketing, that would encourage buyers of all majority and minority groups, regardless of sex, handicap, and familial status. 4.8. Community Purpose Facilities. Owner is required to provide approximately 3.2 acres of land of CPF land for community purpose facilities ("CPF") based upon a ratio of 1.39 acres per 1,000 residents in accordance with Section 19.48.025 of the City’s Municipal Code. The City has agreed that the CPF on-site obligation will be reduced to require Owner to provide a 0.9- acre parcel, including private recreational facilities, designated for CPF land uses in perpetuity as a part of the SPA. The City Council hereby waives the remaining CPF obligation of 2.3 acres because of the extraordinary public benefit provided by the payment from the Owner to the City of one million seven hundred fifty-nine thousand, one hundred thirty-four dollars ($1,759,134.00) based upon the evaluation described on Exhibit “B” attached hereto (the “CPF Benefit Funds”). The CPF Benefit Funds shall be due and payable before the issuance of the building permit for the 240th unit. The CPF Benefit Funds satisfies the goals of CPF requirement by providing a community serving facility on land in the City’s western territories that would not otherwise have been available for such community service use. The CPF Benefit Funds may be utilized by the City at its discretion for CPF uses in perpetuity. Therefore, the City hereby determines that the Owner is in compliance with the CPF requirements of Chapter 19.48. of the Municipal Code. 2022/01/18 City Council Post Agenda Page 223 of 415 13 Sunbow DA 2022 4.9. Park Facilities. The City shall waive the Parkland Acquisition and Development Fees/Quimby Fees (“PAD Fees”) set forth in Chapter 17.10 and in- lieu thereof, the Owner shall pay the City a Park Benefit Fee, equal to the PAD fees that would have otherwise been due pursuant to Chapter 17.10, using the PAD fee rates in effect as of the Effective Date. The Park Benefit Fee shall be paid by Owner no later than final inspection for each unit. Park Benefit Fees may be utilized by the City to acquire or develop parkland, as the City determines appropriate and in the best interest of the City. 4.10. TDIF Obligations. The Transportation Development Impact Fee (“TDIF”) credits for each development neighborhood within the Sunbow master plan was calculated as of February 1, 2003. The City acknowledges and agrees that the Owner is entitled to $455,330.67 in cash credits and 109.41 EDU (“Equivalent Dwelling Units”) credits resulting from construction of improvements, such as East Palomar Street phases l B and 1 C, which may be used for the Project. 4.11. Job Enhancement Funds. The Owner shall provide the Job Enhancement Funds to the City in three payments. The first payment of up to one million dollars will be made upon the City’s issuance of the first (1st) building permit based upon the City’s sole determination that such amount is needed to provide start-up funding for a first phase of a University Innovation District opportunity. The second payment of one million dollars will be made upon the issuance of the one- hundredth (100th) building permit. The third payment of six million dollars plus any amount not requested by the City in the first payment will be made upon the issuance of the two-hundredth (200th) building permit for the Project. The Job Enhancement Funds shall be held by the City in a separate account to be used pursuant to the terms set forth in this paragraph. Should Job Enhancement Funds still be owed to the City by January 1, 2024 and such delay is not the result of the City’s failure to expedite the approvals described in paragraph 4.11.1 below, said amount will be increased based on the annual index change from the prior year (January 2023) of the Engineering News-Record, Building Cost Index (BCI) for the Los Angeles Area; or, in the event that such index is no longer published or otherwise available, the United States Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Diego – Carlsbad, California region. Each January thereafter, the remaining amount of the Job Enhancement Funds due to the City shall be increased based upon the annual index change from the prior year as herein described. The adjustments shall be automatic and shall not require further action by the City Council. The provisions described in this paragraph shall supersede the provisions of the Community Benefit Agreement (approved by Resolution No. 2020-003, January 7, 2020). 4.11.1. Diligently process permits. The Parties agree to diligently work towards the timely issuance of the first building permit, the one-hundredth (100th) building permit and the two hundred (200th) building permits needed to trigger the Owner’s obligation to deposit the Job Enhancement Funds with the City, such efforts will include the City’s expedited processing of grading plans, improvement plans, and other plans or permits, as needed to issue a building permit as described in paragraph 4.1 above. 4.11.2. Investment of Funds. The City will invest the Job Enhancement Funds into the construction of a project in furtherance of the goals set forth in the University Innovation District Master Plan, on a site located within the University Innovation District Master Plan or within the SR-125 corridor that is owned by the City or under the control or ownership of a non-profit entity 2022/01/18 City Council Post Agenda Page 224 of 415 14 Sunbow DA 2022 that has been established to effectuate the goals of the University Innovation District Master Plan. The Parties understand that the Owner shall not be required to provide any other additional funds or investments into such project identified by the City and as described herein. By way of example only, such projects could involve: (i) the construction of a class “A” office building, or an academic, commercial or innovation facility or building that will attract job enhancing uses into the SR-125 corridor or the University Innovation District Master Plan; (ii) such other building or facility that would enable the development of the Institute for International Studies; or (iii) some other notable project at the City’s discretion consistent with the goals of the University Innovation District Master Plan. ARTICLE 5 FINANCIAL MECHANISMS 5.1. Initiation of a CFD. Owner may, at its option, submit a written request to City on City's standard application form requesting that City establish a Community Facilities District to finance the Development Impact Fees described on Exhibit “C” to this Agreement, or the acquisition and construction of public facilities. To the extent the City determines it cannot meet the requirements under federal tax code to allow any Development Impact Fees to qualify under tax-exempt bonds, the City shall permit the issuance of taxable bonds to fund such fees (or portion thereof). 5.2. Establishment of CFD. City shall use reasonable good efforts to: (a) initiate and diligently pursue proceedings to establish such a Community Facilities District in accordance with the goals and policies in effect as of the Effective Date as set forth in Council Policy 505, April 4, 2019, attached hereto as Exhibit “D” (“Goals and Policies”), and (b) if the establishment of such Community Facilities District is approved by the City Council and the levy of special taxes and the issuance of bonds for or by such a District are approved by the qualified electors of such District, to thereafter levy and collect special taxes and issue bonds of such District in accordance with the Goals and Policies. The bonds of the CFD shall be sized based upon the estimated annual special tax revenues from the CFD at build-out being equal to one-hundred ten percent (110%) of (i) the projected annual gross debt service on any bonds of the CFD, plus (ii) priority annual administrative expenses. Priority annual administrative expenses to be funded from special taxes shall not exceed $75,000. 5.3. Failure to complete. If City fails to complete the CFD proceedings and record the notice of special tax lien within two hundred ten (210) days following Owner’s submittal of a complete application, other than due to delays caused by Owner’s failure to provide necessary information or inaction by Owner or by other circumstances outside the control of City, or if City establishes the CFD in a manner, structure or subject to conditions that are expressly inconsistent with the Goals and Policies or this Agreement, then (a) City and Owner shall meet and confer and reasonably consider the creation of another financing mechanism to finance the Development Impact Fees or such public facilities, including, but not limited to, reasonable efforts to consider assisting Owner to establish an alternative financing mechanism. 2022/01/18 City Council Post Agenda Page 225 of 415 15 Sunbow DA 2022 ARTICLE 6 PUBLIC INFRASTRUCTURE 6.1. Construction of Project Improvements and Infrastructure. The City may require Owner to construct or fund the construction of any Project Improvements, and Infrastructure pursuant to the conditions of the Existing Project Approvals provided any off-site improvements are based upon the Project’s fair share obligation and are needed to serve the Project. To the extent Owner may be required to provide appropriate improvement security pursuant to the requirements of the Existing Project Approvals or as required by Applicable Laws, City agrees to use its best efforts to ensure the release of any improvement security provided by Owner upon the performance of the secured act or the City’s good faith acceptance of the secured improvement. Owner may submit a request to reduce the amount of improvement securities every six (6) months subject to the City’s review and approval. Project Improvements or Infrastructure, such as street improvements, shall be designed and constructed, in accordance with the provisions and standards set forth in the Existing Project Approvals as applicable. Notwithstanding the foregoing, the Project shall not be conditioned to fund or construct any public infrastructure including, without limitation, streets, sewer, storm drain, basins, water connections, park, open space, landscaping, and dry utility facilities, that may be needed to serve the site upon which the class “A” building or such other project will be constructed within the University Innovation District Master Plan, 6.2. Pioneering of Project Improvements and Infrastructure. City shall use its reasonable best efforts to ensure that the Owner is not required to finance or construct any Project Improvements and Infrastructure in excess of its fair share costs as established by Applicable Law, including, without limitation, the legal requirements of “essential nexus” and “rough proportionality” (“Fair Share”). To the extent Owner is required to construct, install, or otherwise provide financing (i.e., “Pioneers”) for any Project Improvement and Infrastructure that is oversized so as to benefit an area larger than the Project, the City shall take one of the following actions: (1) City will use its best good faith efforts to secure funding from other landowners or developers for that portion of the cost of such oversized improvements that is attributable to projects or areas owned, developed or proposed for development by such other landowners or developers by requiring such landowners or developers to enter into reimbursement agreements directly with Owner; (2) establish a Reimbursement District that includes the other landowners or developers that are benefited from the oversized facilities so that the Owner may be reimbursed for the pro-rata share of benefits conferred to the other landowners or developers by the oversized facility; or (3) include said improvements in a Development Impact Fee Program adopted by the City and provide Owner with reimbursement from the amounts collected from said fee, equal to the pro-rata share of the benefits conferred to the other landowners or developers. If the Project Improvements and Infrastructure is covered by a future Development Impact Fee Program adopted by the City, Owner shall be reimbursed from the amounts received from such fee program, subject to the City’s Director of Public Works reasonable determination that such costs are allowable under the applicable Fee Program. The fact that such improvements may be financed by an assessment district, Community Facility District or other financing district shall not prevent said reimbursement to the Owner. 6.3. Reasonable Relationship between Project and Requirement. The cost of providing Project Improvements and Infrastructure to the Project or the Property shall be consistent with the 2022/01/18 City Council Post Agenda Page 226 of 415 16 Sunbow DA 2022 following principles: (i) there shall be a reasonable relationship between the Project and any Public Improvement or Infrastructure required to by constructed by the Project; (ii) there shall be a reasonable relationship between the services and the Project; (iii) the costs that are to be borne for such services by the Project shall not exceed the estimated reasonable cost of providing such services; (iv) the level of municipal services provided to the Project, including the level of operation and maintenance of Project Improvements and Infrastructure, shall be equal to the level of service provided within the City limits; and (v) there shall be a reasonable relationship between any fee required to finance Project Improvements or Infrastructure or municipal services and the cost of such improvements or services funded by such fee. For purposes of this paragraph "reasonable relationship" between the Project and any requirement imposed thereon, shall mean an “essential nexus” and “rough proportionality” between the Project and such requirement in accordance with State law. ARTICLE 7 TERMINATION UPON SALE TO PUBLIC 7.1. Termination of Agreement with Respect to Lots to Public. The provisions of Article 7 shall not apply to the sale, or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user who intends to occupy the parcel. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction by Owner of both of the following conditions: (i) The lot has been finally subdivided and individually or in bulk sold, or leased (for a period equal to or longer than one year) to a homebuilder, or to a member of the public or other ultimate user; and (ii) All benefits set forth under Section 2.5 of this Agreement required at that point in time have been provided by Owner. 7.2 Partial Termination. The Owner has the right to request that the City approve a partial termination of this Agreement, to release a portion(s) of the Property from the Agreement’s obligations and benefits. A partial termination shall be approved by the City if Owner demonstrates to City that the portion(s) of the Property to be released from the Agreement's obligations is/are not needed to satisfy any of the obligations established in this Agreement. If City makes such a determination, such released property shall not be subject to any of the obligations created in this Agreement, and, similarly, shall not receive any of the benefits granted in this Agreement. ARTICLE 8 ANNUAL REVIEW 8.1. City and Owner Responsibilities. The City will, at least every twelve (12) months during the Term of this Agreement, pursuant to California Government Code section 65865.1, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to California Government Code section 65865.1, as amended, Owner shall have the duty 2022/01/18 City Council Post Agenda Page 227 of 415 17 Sunbow DA 2022 to demonstrate by substantial evidence its good faith compliance with the terms of this Agreement at the periodic review. Either City or Owner may address any requirement of the Agreement during the review. 8.2. Review Letter. If Owner is found to be in compliance with this Agreement after the annual review, City shall, within forty-five (45) days after Owner’s written request, issue a review letter in recordable form to Owner (“Letter”) stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Administrative Officer, this Agreement remains in effect and Owner is not in default. The owner may record the Letter in the Official Records of the City of Chula Vista. 8.3. Failure of Periodic Review. City’s failure to review at least annually Owner’s compliance with the terms and conditions of this Agreement shall not constitute, or be asserted by City or Owner as, a default by Owner or City with respect to the Agreement. ARTICLE 9 ENCUMBRANCES AND RELEASES ON PROPERTY 9.1. Discretion to Encumber. This Agreement shall not prevent or limit Owner in any manner at Owner’s sole discretion, from encumbering the Property, or any portion of the Property, or any improvement on the Property, by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 9.2. Mortgagee Rights and Obligations. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner’s obligations under the Agreement which has not been cured within thirty (30) days following the date of default. If there are no such defaults by Owner, the City Administrative Officer shall notify the requesting Party of that fact in writing. 9.3. Releases. City agrees that upon written request of Owner and provided that all payments and the requirements and conditions required by this Agreement have been performed, City may execute and deliver to Owner appropriate release(s) of obligations imposed by this Agreement in form and substance acceptable to the City Recorder and title insurance company, if any, or as may otherwise be necessary to effect the release of a portion of the Property to an individual home buyer or parcel of property that has been built out and sold to an ultimate consumer. City Administrator Officer shall not unreasonably withhold approval of such release(s). 9.4. Subordination. Owner agrees to enter into subordination agreements with all lenders having a lien on the Property to ensure that the provisions of this Agreement bind such lienholders should they take title to all or part of the Property through a quitclaim deed, sale, foreclosure or any other means of transfer of property. As a condition precedent to obtaining the benefits that accrue to the Owner or the Property under this Agreement, this Agreement by and through said subordination agreements shall be prior and superior to such liens on said Property. The owner shall deliver to the City the fully executed subordination agreements for the Property in a form acceptable to the City Council and suitable for recording, prior to the second reading of the ordinance adopting the Agreement. 2022/01/18 City Council Post Agenda Page 228 of 415 18 Sunbow DA 2022 ARTICLE 10 DEFAULT 10.1. Events of Default. A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: (i) A warranty, representation or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made. (ii) A finding and determination by City made following a periodic review under the procedure provided for in California Government Code section 65865.1 that upon the basis of substantial evidence Owner has not substantially complied with one or more of the terms or conditions of this Agreement. (iii) City does not accept, timely review, or consider requested development permits or entitlements submitted in accordance with the provisions of this Agreement. (iv) Owner does not make a Job Enhancement Fund payment when due pursuant to paragraph 4.11 of this Agreement. (v) If either Party defaults under this Agreement, the Party alleging such default will give the breaching Party not less than thirty (30) days’ notice of default in writing. The notice of default will specify the nature of the alleged default, and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period of cure, the Party charged will not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default will exist and the noticing Party will take no further action. 10.2. Option to Set Matter for Hearing or Institute Legal Proceedings. After proper notice and the expiration of the cure period, the noticing Party to this Agreement, at its option, may (i) institute legal proceedings or (ii) schedule hearings before the Planning Commission and the City Council for a determination as to whether this Agreement should be modified, suspended, or terminated as a result of such default. 10.3. Waiver. Nothing in this Agreement shall be deemed to be a waiver by Owner or City of any right or privilege held by Owner or City pursuant to federal or state law, except as specifically provided herein. Any failure or delay by a Party in asserting any of its rights or remedies as to any default by the other Party will not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 10.4. Remedies upon Default. In the event of a default by either Party to this Agreement, the Parties shall have the remedies of specific performance, mandamus, injunction and other equitable remedies. In the event of a default pursuant to 10.1 (iv), City shall have the additional remedy of withholding issuance of additional building permits and the inspection of previously issued permits. Neither Party shall have the remedy of monetary damages against the other; 2022/01/18 City Council Post Agenda Page 229 of 415 19 Sunbow DA 2022 provided, however, that the specific performance of payment of Job Enhancement Funds due pursuant to this Agreement and the award of costs of litigation and attorneys’ fees shall not constitute monetary damages. 10.5. Remedies for Breach. All remedies at law or in equity which are consistent with the provisions of this Agreement are available to City and Owner to pursue in the event there is a breach provided, however, neither Party shall have the remedy of monetary damages against the other except for an award of litigation costs and attorneys’ fees as provided for by this Agreement. ARTICLE 11 MODIFICATION OR SUSPENSION 11.1. Modification to Agreement by Mutual Consent. Except as specifically provided for herein, this Agreement may be modified, from time to time, by the mutual consent of the Parties only in the same manner as its adoption by an ordinance as set forth in California Government Code sections 65867, 65867.5 and 65868. The term, “Agreement” as used herein, will include any such modification properly approved and executed. 11.2. Minor Modifications. The Parties to this Agreement contemplate that there may be periodic clarifications and minor modifications to this Agreement. Such minor clarifications or modifications when agreed upon by the Parties hereto are anticipated and shall not constitute an amendment to this Agreement or a modification pursuant to this Article 11 but shall automatically be incorporated herein upon execution in writing by the Parties. 11.3. Unforeseen Health or Safety Circumstances. If, as a result of facts, events, or circumstances City finds that failure to suspend or modify this Agreement would pose an immediate threat to the health or safety of the City’s residents or the City, the following shall occur: (a) Notification of Unforeseen Circumstances. Notify Owner of (i) City’s determination; and (ii) the reasons for City’s determination, and all facts upon which such reasons are based; and (b) Notice of Hearing. Notify Owner in writing at least fourteen (14) days prior to the date, of the date, time and place of the hearing and forward to Owner a minimum of ten (10) days prior to the hearings described in paragraph 12.3(c) below, all documents related to such determination and reasons therefor; and (c) Hearing. Hold a hearing on the determination, at which hearing Owner will have the right to address the City Council. At the conclusion of said hearing, City may take action to suspend this Agreement as provided herein. The City may suspend this Agreement if, at the conclusion of said hearing, based upon the evidence presented by the Parties, the City finds failure to suspend would pose an immediate threat to the health or safety of the City’s residents or the City. ARTICLE 12 2022/01/18 City Council Post Agenda Page 230 of 415 20 Sunbow DA 2022 CHANGE IN STATE OR FEDERAL LAW OR REGULATIONS 12.1. State or Federal Law or Regulation. If any state or federal law or regulation enacted during the Term of this Agreement, or the action or inaction of any other affected governmental jurisdiction, precludes compliance with one or more provisions of this Agreement, or requires changes in plans, maps, or permits approved by City, the Parties will act pursuant to paragraphs 12.1(a) and 12.1(b), below. (a) Notice; Meeting. The Party first becoming aware of such enactment or action or inaction will provide the other Party (ies) with written notice of such state or federal law or regulation and provide a copy of such law or regulation and a statement regarding its conflict with the provisions of this Agreement. The Parties will promptly meet and confer in a good faith and reasonable attempt to modify or suspend this Agreement to comply with such federal or state law or regulation. (b) Hearing. If an agreed-upon modification or suspension would not require an amendment to this Agreement, no hearing shall be held. Otherwise, the matter of such federal or state law or regulation will be scheduled for hearing before the City Council. Fifteen (15) days’ written notice of such hearing shall be provided to Owner, and the City Council, at such hearing, will determine and issue findings on the modification or suspension which is required by such federal or state law or regulation. The owner, at the hearing, shall have the right to offer testimony and other evidence. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council. If the Parties fail to agree after said hearing, the matter may be submitted to nonbinding mediation pursuant to subsection 15.19, prior to the filing of any legal action by any Party. Any suspension or modification may be subject to judicial review in conformance with this Agreement. ARTICLE 13 ASSIGNMENT, TRANSFER AND NOTICE 13.1. Assignment of Interests, Rights and Obligations. Owner may transfer all or any portion of its interest in, and rights and obligations under, this Agreement to any person acquiring an interest or estate in all or any portion of the Property (any such portion, a “Transfer Property”), including, without limitation, purchasers or ground lessees of such Transfer Property (a “Transferee”) without any act or concurrence by City. Any such transfer must, as and to the extent set forth below, relieve the transferring party (a “Transferor”) of any and all rights and obligations under this Agreement insofar as they pertain to the Transfer Property. No sale, transfer or assignment shall require the amendment of this Agreement. 13.2. Transfers to Third Persons in General. In connection with any transfer by a Transferor of all or any portion of the Property, the Transferor and the Transferee may enter into a written agreement regarding the respective rights and obligations of the Transferor and the Transferee in and under this Agreement (a “Transfer Agreement”). Any such Transfer Agreement may contain provisions (i) releasing the Transferor from any rights and obligations under this Agreement that relate to the Transfer Property, provided the Transferee expressly assumes all such rights and obligations, (ii) transferring to the Transferee a vested right to improve and use that portion of the Property being transferred and any other rights or obligations of the Transferor 2022/01/18 City Council Post Agenda Page 231 of 415 21 Sunbow DA 2022 arising under this Agreement, and (iii) addressing any other matter deemed necessary or appropriate in connection with the Transfer of the Transfer Property. 13.3. Release Provisions. A Transferor has the right, but not the obligation, to seek City’s consent to those provisions of any Transfer Agreement purporting to release such Transferor from any obligations arising under this Agreement (the “Release Provisions”). If a Transferor fails to seek City’s consent or City fails to consent to any of such Release Provisions, then such Transferor may nevertheless transfer to the Transferee any and all rights and obligations of such Transferor arising under this Agreement. 13.4. City Consent. City will review and consider promptly and in good faith any request by a Transferor for City’s consent to any Release Provisions. City’s consent to any such Release Provisions may be withheld only if, in light of the proposed Transferee’s reputation and financial resources, such Transferee would not in City’s reasonable opinion be able to perform the obligations proposed to be assumed by such Transferee. In no event will City’s consent to any Release Provisions be unreasonably be withheld. 13.5. Non-Assuming Transferees. Except as otherwise required by Owner in Owner’s sole discretion, the burdens, obligations and duties of Owner under this Agreement terminate with respect to, and neither a Transfer Agreement nor City’s consent is required in connection with, (i) any individual single-family residence (and its associated lot) that has received a certificate of occupancy and been conveyed to a third party, (ii) any property that has been established as a separate legal parcel for other nonresidential uses. The transferee in such a transaction and its successors (“Non-Assuming Transferees”) are deemed to have no obligations under this Agreement but continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this section exempts any property transferred to a Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval. ARTICLE 14 DISPOSAL OF LAND 14.1. Disposal of Land. Pursuant to City Council Resolution No. ______, attached hereto as Exhibit “X”, the City determined that certain real property consisting of approximately 7,000 square feet of slope area, more particularly described in the attached Exhibit “X” (“Land”), falls within the definition of “surplus land” pursuant to Government Code section 54221 and is not necessary for the City’s use. As such, the City is considering the disposal of the Land in accordance with the process and requirements set forth in the California Surplus Land Act, Government Code sections 54220 et seq. (“SLA”). The City intends to send a written notice of availability of the Land by electronic mail or by certified mail to the all of the entities identified in Government Code section 54222 within two (2) days of the Effective Date of this Agreement. At the conclusion of the process set forth in the SLA if no qualified entities/agencies desire to purchase or lease the Land, the City shall begin good faith negotiations with the Owner, to purchase the Land; provided however, nothing herein shall be construed to bind the Parties to either the purchase or sell of the Land. The total purchase price (“Purchase Price”) for the Land shall be based on the fair market value of comparably designated land located in the City of Chula Vista as determined by an appraisal conducted by an appraiser contracted by the City and paid for by the Owner. The Owner may provide information to the appraiser to assist in obtaining an appraisal that reflects fair market 2022/01/18 City Council Post Agenda Page 232 of 415 22 Sunbow DA 2022 value of the Land. If the Land is transferred to an entity other than the Owner, the City shall reimburse the Owner for the cost of the appraisal within ten (10) days of the execution of the sales agreement with the other entity. The appraisal process will allow the City to sell or lease the Land at fair market value and is not considered negotiations with respect to the sell or lease of the Land. Should the Owner agree to the Purchase Price, the City shall convey to Owner a grant deed transferring fee simple title to the Land in recordable form, duly executed by the City, free and clear of all recorded liens, encumbrances, assessments, easements, leases and taxes; except those which are reasonably approved by the Owner. Should the Parties ultimately agree to a transfer of the Land, other terms to be negotiated shall include but not be limited to: (a) transfer of the Land in “as-is” condition; (b) the opportunity for Owner to conduct due diligence with respect to the legal and physical condition of the Land and to accept or reject the same; (c) the establishm ent of an escrow to coordinate the transfer; and (d) other standard and appropriate terms for transactions of this nature. 14.2. The City hereby grants Owner, and its employees, contractors, consultants and agents (each an “Owner Party”; collectively, the “Owner Parties”), at Owner’s sole cost and risk, permission to access to the Land prior to the conclusion of the SLA process for disposal of the Land, to perform clearing, grading, and geotechnical mitigation measures on the Land provided however no buttress construction work shall be allowed (collectively, the “Early Access Activities”). Notwithstanding the foregoing, the Owner agrees to make any changes as necessary, to the Entitlements for the City’s approval or denial prior to the issuance of any building permit if construction of the slope buttress on the Land is necessary for conformance with the Entitlements and the purchase of the Land or the transfer of the Land to Owner does not occur or is rendered impossible for any reason. The Owner further agrees to be responsible for any and all costs associated with or related to early access to the Land, including but not limited to: (i) any and all Early Access Activities, (ii) implementing all further construction and work necessary to restore the Land to a condition that existed prior to Owner’s access to the Land, if needed, (iii) implementing all necessary modifications to the Project Entitlements and other Project requirements, and (iv) compliance with the Subdivision Map Act and all other applicable laws and regulations. The permission hereby granted by the City will be considered as Permission to Access the Land for purposes of applying for a separate grading permit for the Project, including for the Land. Notwithstanding the foregoing, Owner understands that a grading permit is needed prior to performing any clearing, grading and geotechnical mitigation measures on the Land. 14.3 Owner agrees to defend, indemnify, and hold harmless City from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation, attorneys' fees, arising from, connected with, or in any way related to: (i) City’s grant of access to the Land; (ii) Owner’s access to or possession of the Land; (iii) any Early Access Activities; (iv) the performance, condition, or existence of any work or improvements performed by the Owner on the Land; (v) the maintenance or lack of maintenance of the Land resulting for the Early Access Activities; or (vi) any Owner Parties’ use of the Land, excepting, however, that City shall not be indemnified, saved, defended or kept free and harmless from any loss or liability resulting from City’s own sole negligence or the sole negligence of the City’s contractors, employees or agents. 2022/01/18 City Council Post Agenda Page 233 of 415 23 Sunbow DA 2022 ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1. Relationship of City and Owner. The contractual relationship between City and Owner arising out of this Agreement is not of agency. This Agreement does not create any third- party beneficiary rights. 15.2. Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, or mailed by first-class or certified mail, postage prepaid, addressed as follows: If to City, to City Attention: City Administrative Officer If to Owner, City or Owner may change its address by giving notice in writing to the other. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery, or, if mailed, two (2) business days following deposit in the United States mail. 15.3. Rules of Construction. In this Agreement, the use of the singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory; “may” is permissive. 15.4. Entire Agreement, Waivers, and Recorded Statement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Owner respecting this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City and Owner. Upon the completion of performance of this Agreement, or its revocation or termination, a statement evidencing completion, revocation, or termination signed by the City Administrative Officer shall be recorded in the Official Records of the City. Unless otherwise specifically stated, nothing herein shall be construed to supersede, modify or amend other existing agreements between the Parties. 15.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to the original and all of which together shall constitute one and the same instrument. 15.6. Incorporation of Recitals. The recitals set forth in this Agreement are incorporated herein to this Agreement. 15.7. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 2022/01/18 City Council Post Agenda Page 234 of 415 24 Sunbow DA 2022 15.8. Consent. Where the consent or approval of City or Owner is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld, delayed, or conditioned. 15.9. Covenant of Cooperation. City and Owner shall cooperate and deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 15.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the City Recorder of the City, within ten (10) days following the Effective Date. 15.11 Delay, Extension of Time for Performance (Force Majeure). In addition to any specific provision of this Agreement, performance by either City or Owner of its obligations hereunder shall be excused during any period of delay caused at any time by reason of any event beyond the control of City or Owner which prevents or delays and impacts City’s or Owner’s ability to perform obligations under this Agreement, including, but not limited to the following: acts of God, enactment of new conflicting federal, state or local laws or regulations (such as: listing of a species as threatened or endangered), judicial actions (such as the issuance of restraining orders and injunctions), or riots, strikes, pandemics, or damage to work in process by reason of fire, floods, earthquake, or other such casualties. In addition, any delay in Owner’s performance herein may be excused if such delay is caused by City’s failure to process any required plans, documents or approvals, provided, however, City’s delay is not caused by Owner’s failure to submit such plans or documents in a timely manner or is due to Owner’s changes or amendments to said documents. If City or Owner seeks excuse from performance, it shall provide written notice of such delay to the other Party within thirty (30) days of the commencement of such delay. If the delay or default is beyond the control of City or Owner, and is excused, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 15.12. Covenant of Good Faith and Fair Dealings. No Party shall do anything which shall have the effect of harming or injuring the right of the other Parties to receive the benefits of this Agreement; each Party shall refrain from doing anything which would render its performance under this Agreement impossible; and each Party shall do everything which this Agreement contemplates that such Party shall do in order to accomplish the objectives and purposes of this Agreement. 15.13 Time of Essence Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 15.14. Cancellation of Agreement. This Agreement may be canceled by the mutual consent of City and Owner only in the same manner as its adoption, by an ordinance as set forth in California Government Code section 65868 and shall be in a form suitable for recording in the Official Records of the City. The term “Agreement” shall include any such amendment properly approved and executed. 15.15. Estoppel Certificate. Within thirty (30) calendar days following a written request by any of the Parties, the other Parties to this Agreement shall execute and deliver to the requesting Party a statement certifying that (i) this Agreement is unmodified and in full force and effect, or if 2022/01/18 City Council Post Agenda Page 235 of 415 25 Sunbow DA 2022 there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; (ii) there are no known current uncured defaults under this Agreement, or specifying the dates and nature of any such default; and (iii) any other reasonable information requested. The failure to deliver such a statement within such time shall constitute a conclusive presumption against the Party which fails to deliver such statement that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 15.16 Institution of Legal Proceeding. In addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to recover damages for any default as allowed by this Agreement or to obtain any remedies consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State of California. 15.17. Attorneys’ Fees and Costs. If any Party commences litigation or other proceedings (including, without limitation, arbitration) for the interpretation, reformation, enforcement, or rescission of this Agreement, the prevailing Party, as determined by the court, will be entitled to its reasonable attorneys’ fees and costs. 15.18. Hold Harmless. In addition to any defense, indemnity, and hold harmless obligations of Owner, whether at contract or at law, Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operations of Owner or those of its contractors, subcontractors, agents, employees or other persons acting on Owner’s behalf, on the Project. Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damage caused or alleged to have been caused by reason of Owner’s activities on the Project. Owner agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any legal action filed in a court of competent jurisdiction by a third Party challenging the validity of this Agreement. The provisions of this paragraph 15.18 shall not apply to the extent such damage, liability or claim is caused by the sole negligence or willful misconduct of City, its officers, agents, employees or representatives. 15.19. Non-binding Mediation. If this Agreement requires mediation in order to resolve a disagreement between the Parties, such mediation shall comply with the following provisions: (a) Meet and Confer. The Parties shall meet and confer in good faith to attempt to resolve their disagreement. If the Parties are not able to resolve their disagreement within thirty (30) calendar days after their first meeting on the subject, the matter shall be submitted for non- binding mediation in accordance with the terms and conditions set forth below. (b) Non-binding Mediation. In the event that the Parties are unable to resolve their disagreement by meeting and conferring among themselves as provided above, the Parties shall meet to select a mediator who will attempt to resolve the disagreement. Unless otherwise agreed by the Parties, the mediator shall have no affiliation with either of the Parties and preferably have 2022/01/18 City Council Post Agenda Page 236 of 415 26 Sunbow DA 2022 experience in municipal or resource and habitat management. In the event that the Parties are unable to agree on a mediator within ten (10) calendar days after the expiration of the meet and confer period, the Parties shall petition the presiding Judge of the Superior Court of the City of Chula Vista to appoint a mediator who possesses the above-described qualifications. (c) Mediation. The mediation shall occur at times and locations agreed upon by the Parties. The Parties shall submit to the mediator their respective relevant documents or evidence supporting their position that each may choose to provide. Neither Party, nor the mediator, shall have any discovery powers in the proceeding. The mediator shall meet with the Parties and attempt to resolve their disagreement by facilitating discussions between them. The mediator shall not take a position on the dispute unless requested to do so by both Parties. In the event that mediation process does not resolve the disagreement within twenty (20) days after first meeting with the mediator, unless extended by mutual agreement of the Parties, the mediation process shall terminate. All discussions at the mediation shall be kept confidential, as may be allowed by state and federal law, and shall not be discoverable in any subsequent proceedings. Each Party shall bear their own costs in the mediation and the Parties shall share equally in any and all costs charged by the mediator. In the event that a resolution of the disagreement at issue is not reached, each Party reserves the right to pursue any and all remedies available at law or in equity with respect thereto. Dated this _____ day of _______________, 2021. City of Chula Vista ACI Sunbow, LLC ______________________________ Mary Salas Mayor By: Ayres Land Company, its Manager _____________________________________ By: Keith J. Horn President ATTEST: ______________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM: ______________________________ Glen R. Googins City Attorney 2022/01/18 City Council Post Agenda Page 237 of 415 MINUTES RESOLUTION NO. MPA20-0012 MINUTES RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL DENY PROPOSED AMENDMENTS TO THE CITY’S GENERAL PLAN, THE SUNBOW II GENERAL DEVELOPMENT PLAN, AND THE SUNBOW II SECTIONAL PLANNING AREA PLAN TO REZONE A VACANT 135.7 ACRE PARCEL FROM INDUSTRIAL TO RESIDENTIAL USE RESULTING IN 718 NEW RESIDENTIAL UNITS After a duly noticed Public Hearing, and after consideration of all evidence in the record, the Planning Commission voted 6-0 to recommend City Council denial of the proposed amendments to the City’s General Plan, the Sunbow II General Development Plan, and the Sunbow II Sectional Planning Area Plan to rezone a vacant 135.7 acre parcel from industrial to residential use, resulting in 718 new residential units within the Sunbow II Phase 3 planned community (the “Project”). The recommendation was based on the following findings and concerns: (1) maintaining the industrial land uses on the site as identified in the General Plan is important to achieving a jobs/housing balance and economic vitality within the City; (2) the financial and other benefits negotiated in the proposed Development Agreement do not outweigh the lost value of the industrial land designation; and (3) the Project, as presented, is not in the best overall interests of the City in light of the close proximity of residential land uses to the landfill and the lack of commercial/industrial development opportunities. Approved as to form by Glen R. Googins City Attorney DocuSign Envelope ID: 0D20595E-68E6-4F05-901B-CE3F411380C4 2022/01/18 City Council Post Agenda Page 238 of 415 2022/01/18 City Council Post Agenda Page 239 of 415 2022/01/18 City Council Post Agenda Page 240 of 415 2022/01/18 City Council Post Agenda Page 241 of 415 2022/01/18 City Council Post Agenda Page 242 of 415 2022/01/18 City Council Post Agenda Page 243 of 415 2022/01/18 City Council Post Agenda Page 244 of 415 2022/01/18 City Council Post Agenda Page 245 of 415 RESOLUTION NO. _______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-20-0002; SCH NO. 2020110148) FOR THE SUNBOW II, PHASE 3 SECTIONAL PLANNING AREA PLAN, SUNBOW II GENERAL DEVELOPMENT PLAN AMENDMENT AND TENTATIVE MAP PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Sunbow ACI, LLC (Applicant), submitted applications requesting approvals for a Sectional Planning Area (SPA) Plan, General Development Plan Amendment (GDPA) and Tentative Map (TM), for the Sunbow II, Phase 3 project (Project); and WHEREAS, a Draft Environmental Impact Report (Draft EIR-20-0002 or Draft EIR) for the Project was issued for public review on March 15, 2021, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of the California Environmental Quality Act (CEQA), a Final EIR (Final EIR-20-0002 or Final EIR) was prepared for the Project; and WHEREAS, Final EIR-20-0002 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR, and the City’s responses to all “significant environmental points” raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, revisions to Final EIR-20-0002 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final EIR-20-0002 and voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby finds, determines and orders as follows: 2022/01/18 City Council Post Agenda Page 246 of 415 Resolution No. Page 2 2 I. PLANNING COMMISSION AND CITY COUNCIL RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project and Final EIR-20-0002 and before the City Council at their public hearing on the Project and Final EIR-20-0002 as well as the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any documents submitted to the Planning Commission and City Council, including documents specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.) The record of proceedings shall be maintained by the City Clerk at City Hall. II. Final EIR-20-0002 CONTENTS That Final EIR-20-0002 consists of the following: 1. EIR for the Sunbow II, Phase 3 SPA Plan, Sunbow II GDPA and TM 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices (All hereafter collectively referred to as “Final EIR-20-0002”) III. ACCOMPANYING DOCUMENT TO Final EIR-20-0002 1. Findings of Fact and Statement of Overriding Considerations IV. PRESENTATION TO THE DECISIONMAKING BODY That the Final EIR-20-0002 was presented to the City Council as the decision-making body of the Lead Agency and that the City Council has reviewed and considered the information contained in Final EIR-20-0002 prior to approving the Project. V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Final EIR-20-0002, the Findings of Fact and the Statement of Overriding Considerations (Exhibit “1” to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. VI. INDEPENDENT JUDGMENT OF CITY COUNCIL 2022/01/18 City Council Post Agenda Page 247 of 415 Resolution No. Page 3 3 That it utilized its independent judgment and analysis in reviewing the Final EIR-20-0002 for the City as Lead Agency for the Project. VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact That the City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in Exhibit “1” to this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted That on the basis of the findings set forth in Exhibit “1” to this Resolution and as more fully identified and set forth in Final EIR-20-0002, the City Council hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in Final EIR-20-0002, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings set forth in Exhibit “1” to this Resolution. Furthermore, that the measures to mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in Final EIR-20-0002 and in Exhibit “1” to this Resolution, are fully enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval of the Project, and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in Final EIR-20-0002 and in the Findings of Fact for the Project, which is Exhibit “1” to this Resolution, certain mitigation measures described in said documents are infeasible. D. Statement of Overriding Considerations That even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. However, pursuant to CEQA Guidelines Section 15092, the City Council hereby finds and determines that any remaining significant effects on the environment which have been found to be 2022/01/18 City Council Post Agenda Page 248 of 415 Resolution No. Page 4 4 unavoidable as shown in the findings set forth in Exhibit “1” to this Resolution are acceptable due to certain overriding considerations. Therefore, the City Council of the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit “1” to this Resolution identifying the specific economic, legal, social, technological or other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. E. Infeasibility of Alternatives As more fully identified and set forth in Final EIR-20-0002 and in Exhibit “1” to this Resolution, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the Project, which were identified in Final EIR-20-0002, were not found to reduce impacts to a less than significant level or meet the Project objectives. F. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby adopts the program for reporting on or monitoring the changes which it has either required in the Project or made a condition of approval to avoid or substantially lessen significant environmental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in Final EIR-20-0002. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during Project implementation, the permittee/Project Applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. G. Findings are Binding and not Merely Advisory That to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project (Exhibit “1” of this Resolution) conclude that proposed mitigation measures outlined in Final EIR-20-0002 are feasible and have not been modified, superseded or withdrawn, the City Council herby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City Council adopts the Resolution approving the Project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program Section of Final EIR-20-0002 are also expressed as conditions of approval for the Project. Other requirements are referenced in the Mitigation Monitoring and Reporting Program that are adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. 2022/01/18 City Council Post Agenda Page 249 of 415 Resolution No. Page 5 5 VIII. NOTICE OF DETERMINATION That the Development Services Director of the City of Chula Vista is directed to file a Notice of Determination with the County Clerk of the County of San Diego, should the City Council approve this Project in accordance with CEQA Guidelines section 15094. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the basis of the findings as set forth above certifies Final EIR-20-0002, and adopts the Findings of Fact and Statement of Overriding Considerations (Exhibit “1” to this Resolution), and Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. Submitted by: Approved as to form by: _________________________ __________________________ Tiffany Allen Glen R. Googins Development Services Director City Attorney Exhibit 1 - Findings of Fact and Statement of Overriding Considerations 2022/01/18 City Council Post Agenda Page 250 of 415 RESOLUTION NO. 2022- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN (MPA20-0012) AND THE SUNBOW II GENERAL DEVELOPMENT PLAN (MPA20-0013) TO REFLECT LAND USE CHANGES FOR APPROXIMATELY 135.7 ACRES WITHIN THE SUNBOW II, PHASE 3 PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES WHEREAS, the area of land which is the subject of this Resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue and Olympic Parkway (Project Site); and WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0-acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been built out and the PA23 site has remained vacant; and WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC (Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the PA23 land from industrial to residential uses and in exchange would provide funding that can be used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other signature project; and WHEREAS, applications to consider such amendments to the City of Chula Vista General Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3 SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development Services Department on February 26, 2020 by the Applicant; and WHEREAS, the Applicant proposes to rezone 67.5-acres of developable land on the Project Site from light industrial to residential uses resulting in up to 534 multi-family medium-high-density and 184 multi-family high-density residential dwelling units (718 total units) on six parcels and designate the remaining 68.2-acres as Multiple Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved wetland resource area on sixteen parcels (Project); and 2022/01/18 City Council Post Agenda Page 251 of 415 Resolution 2022 - _______ Page 2 of 3 WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report (EIR20-0002); and WHEREAS, the City of Chula Vista’s current General Plan was last comprehensively updated in December 2005; and WHEREAS, the proposed General Plan Amendment (GPA) is contained in a document entitled, “Sunbow II, Phase 3 Chula Vista General Plan Amendment Justification Report (May 2021)” as represented in Exhibit B attached hereto and incorporated herein; and WHEREAS, the Sunbow II General Development Plan was approved on December 5, 1989,by City Council Resolution No. 15427; and WHEREAS, the proposed Sunbow II General Development Plan (GDPA) is contained in a document entitled “Sunbow General Development Pan Amendment (January 2021)” as represented in Exhibit C attached hereto and incorporated herein; and WHEREAS, the GPA and GDPA as presented are necessary to accommodate the land uses anticipated in the Sunbow II, Phase 3 Sectional Planning Area (SPA) Plan Amendment; and WHEREAS, pursuant to California Government Code section 65090, the Planning Commission held a duly noticed public hearing on the Project and voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this Project, and the Minutes and Resolution resulting therefrom, are hereby incorporated into the record of these proceedings; and WHEREAS, the City Clerk set the time and place for the hearing on the Project and notice of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, pursuant to California Government Code section 65090, the City Council held a duly noticed public hearing on the Project; and WHEREAS, immediately prior to this action, the City Council certified the FEIR (FEIR20- 0002), pursuant to Resolution No. 2022-_A___; and 2022/01/18 City Council Post Agenda Page 252 of 415 Resolution 2022 - _______ Page 3 of 3 WHEREAS, the next steps of Project approval will include the consideration of the Sunbow II SPA Plan Amendment (MPA20-0017), Tentative Map (PCS20-0002) and a Development Agreement between the City and Applicant (MPA21-0014). NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Chula Vista hereby finds and determines as follows: I. COMPLIANCE WITH CEQA The City Council of the City of Chula Vista finds that, in the exercise of their independent review and judgment, immediately prior to this action, considered the FEIR20-0002 (EIR20-0002) which is attached to this Resolution as Exhibit D. II. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. III. GENERAL DEVELOPMENT PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Development Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. IV. ADOPTION OF GENERAL PLAN AND GENERAL DEVELOPMENT PLAN AMENDMENTS In light of the findings above, the General Plan Amendment and General Development Plan Amendment are hereby approved and adopted in the form as presented in Exhibits B and C attached hereto and incorporated herein and on file in the City Clerk's Office. Presented by: Approved as to form by: ________________ ________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2022/01/18 City Council Post Agenda Page 253 of 415 RESOLUTION 2022 - __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN (MPA20-0006) TO UPDATE CHAPTERS 10.0 TO 17.0, TO DESCRIBE AND DEFINE THE AMENDED LAND USES FOR SUNBOW II, PHASE 3 AND INCORPORATE THE DEVELOPMENT REGULATIONS AND DESIGN GUIDELINES SPECIFIC TO THIS PROJECT WHEREAS, the area of land which is the subject of this Resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue and Olympic Parkway (Project Site); and WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0- acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been built out and the PA23 site has remained vacant; and WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC (Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the PA23 land from industrial to residential uses and in exchange would provide funding that can be used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other signature project; and WHEREAS, applications to consider such amendments to the City of Chula Vista General Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3 SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development Services Department on February 26, 2020 by the Applicant; and WHEREAS, the Applicant proposes to rezone 67.5-acres of developable land on the Project Site from light industrial to residential uses resulting in up to 534 multi-family medium- high-density residential dwelling units and 184 multi-family high-density residential dwelling units (718 total units) on six parcels and designate the remaining 68.2-acres as Multiple Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved wetland resource area on sixteen parcels (Project); and 2022/01/18 City Council Post Agenda Page 254 of 415 Resolution No. ______ Page 2 WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report (EIR20-0002); and WHEREAS, pursuant to California Government Code section 65090, the Planning Commission held a duly noticed public hearing on the Project and voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this Project, and the Minutes and Resolution resulting therefrom, are hereby incorporated into the record of these proceedings; and WHEREAS, pursuant to California Government Code section 65090, the City Clerk set the time and place for the hearing on the Project and notice of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista in the Chula Vista Council Chambers, Civic Center, 276 Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, immediately prior to this action, the City Council certified the EIR (FEIR20- 0002), pursuant to Resolution No. 2022-_A___; and WHEREAS, immediately prior to this action, the City Council approved a General Plan Amendment (MPA20-0012) and Sunbow II General Development Plan Amendment (MPA20- 0013), pursuant to Resolution No. 2022-_B___; and WHEREAS, the next steps of Project approval will include the consideration of Tentative Map (PCS20-0002) and a Development Agreement between the City and Applicant (MPA21- 0014). 2022/01/18 City Council Post Agenda Page 255 of 415 Resolution No. ______ Page 3 NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines, as follows: I. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council, in the exercise of its independent review and judgment, immediately prior to this action, certified FEIR 20-0002. II. SPA FINDINGS A. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS ARE IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ITS SEVERAL ELEMENTS. The proposed Sunbow II, Phase 3 SPA Plan reflect land use designations, circulation, and public facilities that are consistent with the amended Sunbow II General Development Plan and the amended City of Chula Vista General Plan. The proposed SPA Plans are compatible with the amended plans and regulations applicable to surrounding sites and, therefore, the proposed SPA Plans can be planned and zoned in coordination and substantial compatibility with surrounding development. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The proposed Sunbow II, Phase 3 SPA Plan will promote the orderly development of the SPA Plan areas because the Project will be developed in a manner that is consistent with the Project’s Form Based Code, Phasing Plan, and Public Facilities Financing Plan. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed SPA Plan Amendments have been reviewed and have been determined to be consistent with the overall land use pattern and circulation system envisioned in the Sunbow II General Development Plan (GDP). The Project remains consistent with the Sunbow II GDP land use goals and objectives of integration and compatibility within the village and with adjacent communities and natural resources. Thus, the proposed SPA Plan Amendments will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. 2022/01/18 City Council Post Agenda Page 256 of 415 Resolution No. ______ Page 4 BE IT FURTHER RESOLVED, that based on the findings above, the City Council hereby adopts this Resolution approving the Sunbow II, Phase 3 SPA Plan Amendment subject to the conditions set forth below: 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For the purpose of this document “Developer” shall have the same meaning as “Applicant.” 2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions and/or seek damages for their violation. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from City’s actions on (a) FEIR20-0002, (b) the Mitigation Monitoring and Reporting Program for the Project, (c) the Sunbow II, Phase 3 SPA Plan (MPA20-0006), (d) any and all entitlements issued by the City in connection with the Project, and/or (e) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 4. The Applicant shall comply with all conditions of approval, guidelines, policies, and any other applicable requirements of the following plans and programs, as amended from time to time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance, CVMC 15.04; the State of California Subdivision Map Act; the City of Chula Vista General Plan; the City’s Growth Management Ordinance; Chula Vista Design Manual; Chula Vista Landscape Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures; Sunbow II General Development Plan; City of Chula Vista Adopted Parks and Recreation Master Plan; Sunbow II, Phase 3 Sectional Planning Area (SPA, MPA20- 2022/01/18 City Council Post Agenda Page 257 of 415 Resolution No. ______ Page 5 0006) Plan and supporting appendices, including: Public Facilities Finance Plan (PFFP), Air Quality Improvement Plan (AQIP), Fire Protection Plan and Water Conservation Plan (WCP), as amended from time to time; and Sunbow II, Phase 3 Tentative Map (TM) CVT20-0002. The Project shall comply with all mitigation measures specified in the Sunbow II, Phase 3 Final Environmental Impact Report (FEIR20-0002) Mitigation Monitoring and Reporting Program, to the satisfaction of the Development Services Director. 5. Phasing approved with the SPA Plans may be amended subject to approval by the Director of Development Services and the City Engineer. 6. The Applicant shall enter into supplemental agreement(s) with the City, prior to approval of each Final Map for any phase or unit, whereby: a. The Developer agree(s) that the City may withhold building permits for any units within the Project Site in order to have the Project comply with the Growth Management Program; or, if any one of the following occur: i. Regional development threshold limits set by a Chula Vista transportation- phasing plan, as amended from time to time, have been reached ii. Traffic volumes, level of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto iii. The Project’s required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed in accordance with the Project entitlements, to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended after review and approval by the City’s Director of Development Services and the City Engineer. The Developer agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for the Project if the project’s required public facilities, as identified in the PFFP or in accordance with the Development Agreement. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 7. After final SPA approval, the Applicant shall submit electronic versions of all SPA documents, including text and graphics, to the Development Services Department in a format specified and acceptable to the Development Services Director. 8. The Applicant shall comply with the Fire Department’s codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the 2022/01/18 City Council Post Agenda Page 258 of 415 Resolution No. ______ Page 6 sole discretion of the Fire Marshall, shall be submitted to the Fire Department for approval by the Fire Marshall. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of Building Permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Marshall. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer, or designee. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshall, or their designees. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City’s Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant’s desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. 2022/01/18 City Council Post Agenda Page 259 of 415 Resolution No. ______ Page 7 ________________________________ _______________ Signature of Property Owner Date ________________________________ _______________ Signature of Applicant Date V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by the terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future Building Permits, deny, revoke or further condition all Certificates of Occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this _____ day of ____________ 2022, by the following vote, to-wit: Presented by: Approved as to form by: ______________________ _______________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2022/01/18 City Council Post Agenda Page 260 of 415 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SUNBOW II, PHASE 3 PROJECT TO REZONE FROM LIMITED INDUSTRIAL TO RESIDENTIAL USES ALLOWING UP TO 534 MULTI-FAMILY MEDIUM-HIGH-DENSITY RESIDENTIAL DWELLING UNITS AND 184 MULTI-FAMILY HIGH-DENSITY RESIDENTIAL DWELLING UNITS ON SIX PARCELS, A 0.9-ACRE COMMUNITY PURPOSE FACILITY SITE, ON-SITE STREETS, OPEN SPACE AND MSCP PRESERVE OPEN SPACE WHEREAS, the area of land which is the subject of this Resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and is commonly known as Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue and Olympic Parkway (Project Site); and WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0- acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been built out and the PA23 site has remained vacant; and WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC (Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the PA23 land from industrial to residential uses and in exchange would provide funding that can be used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other signature project; and WHEREAS, applications to consider such amendments to the City of Chula Vista General Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3 SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development Services Department on February 26, 2020 by the Applicant; and WHEREAS, the applicant proposes to rezone 67.5-acres of developable land on the Project Site from light industrial to residential uses resulting in up to 534 multi-family medium- high-density residential dwelling units and 184 multi-family high-density residential dwelling units (718 total units) on six parcels, a 0.9-acre Community Purpose Facility site, on-site streets, open space, to rezone 6.5-acres from light industrial to Open Space Preserve, to rezone 6.4-acres Open Space Preserve to residential uses, and designate the remaining 68.2-acres as Multiple Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved wetland resource area on sixteen parcels (Project); and 2022/01/18 City Council Post Agenda Page 261 of 415 Ordinance No. _____ Page 2 WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report (EIR20-0002); and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment (MPA20-0012), Sunbow II General Development Plan Amendment (MPA20-0013) and Sunbow II, Phase 3 SPA Plan Amendment (MPA20-0006) approved by the City Council immediately prior to this action; and WHEREAS, the Director of Development Services set the time and place for a Planning Commission public hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, before the Plannin g Commission and the hearing was thereafter closed; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the hearing on the Project, and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and WHEREAS, the Planning Commission voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered; and WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: 2022/01/18 City Council Post Agenda Page 262 of 415 Ordinance No.______ Page 3 Section I. Action The City Council hereby adopts an Ordinance approving the Sunbow II, Phase 3 Rezone, Exhibit B attached hereto and incorporated herein by this reference, finding that it is consistent with the City of Chula Vista General Plan, the Sunbow II General Development Plan and all other applicable Plans. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: ____________________________ ______________________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney Exhibits A & B to be inserted later 2022/01/18 City Council Post Agenda Page 263 of 415 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP CVT20-0002 (PCS20-0002) FOR A 135.7-ACRE SITE FOR (718) MULTI-FAMILY RESIDENTIAL UNITS, KNOWN AS THE SUNBOW II, PHASE 3 PROJECT WHEREAS, the area of land which is the subject of this Resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue and Olympic Parkway (Project Site); and WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0- acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been built out and the PA23 site has remained vacant; and WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC (Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the PA23 land from industrial to residential uses and in exchange would provide funding that can be used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other signature project; and WHEREAS, applications to consider such amendments to the City of Chula Vista General Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3 SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development Services Department on February 26, 2020 by the Applicant; and WHEREAS, the Applicant proposes to rezone 67.5-acres of developable land on the Project Site from light industrial to residential uses resulting in up to 534 multi-family medium- high-density and 184 multi-family high-density residential dwelling units (718 total units) on six parcels and designate the remaining 68.2-acres as Multiple Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved wetland resource area on sixteen parcels (Project); and 2022/01/18 City Council Post Agenda Page 264 of 415 City Council Resolution No. 2022-______ Page 2 WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report, EIR20-0002; and WHEREAS, the Applicant requests approval of Tentative Map CVT20-0002 (PCS20- 0002) to subdivide the Project Site into twenty-two lots for the development of 718 residential units (6 lots), a community purpose facility (1 lot), Poggi Creek Conservation Easement (3 lots), open space (9 lots) and open space preserve (3 lots); and WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500-feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project and voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project, and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and WHEREAS, the City Clerk set the time and place for the City Council hearing on the Project application and notice of said hearing, together with its purpose, given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500- feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider the Project at the time and place as advertised in the Council Chambers, 276 Fo urth Avenue, and said hearing was thereafter closed; and WHEREAS, immediately prior to this action, the City Council considered Final Environmental Impact Report (EIR20-0002), pursuant to Resolution No. 2022-_A___; and WHEREAS, immediately prior to this action, the City Council approved a General Plan Amendment (MPA20-0012) and Sunbow II General Development Plan Amendment (MPA20- 0013), pursuant to Resolution No. 2022-_B___; and 2022/01/18 City Council Post Agenda Page 265 of 415 City Council Resolution No. 2022-______ Page 3 WHEREAS, immediately prior to this action, the City Council approved the Sunbow II, Phase 3 SPA Plan Amendment (MPA20-0006), pursuant to Resolution No. 2022-_C___; and WHEREAS, the final step of Project approval will include the consideration of a Development Agreement between the City and Applicant (MPA21-0014). NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find and determine, as follows: I. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City’s General Plan, based on the following: 1. Land Use The General Plan land use designation is Residential Medium-High (11-18 dwelling units per gross acre) and High (18-27 dwelling units per gross acre). Five of the proposed parcels will be developed at a medium-high density range of 13.3 to 15.4 dwelling units per gross acre and the remaining at a high density of 24.1 dwelling units per gross acre, which is within the allowable density and permitted number of dwelling units. 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. The on- site private streets are designed consistent with the Sunbow II SPA Plan and Tentative Map. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. 2022/01/18 City Council Post Agenda Page 266 of 415 City Council Resolution No. 2022-______ Page 4 The Project Area is within the boundaries of the Otay Water District (OWD) for water service. The OWD has existing and planned facilities in the vicinity of the Proposed Project and water service can be provided by expanding the existing system. 4. Housing The Project is consistent with the density prescribed within the Residential Medium- High and High General Plan designation and provides additional opportunities for multi-family residential home ownership in the eastern portion of the City. The Project will also comply with the City’s Balanced Communities Policy through alternative compliance as specified in the Project’s Development Agreement. The deed restricted residential units are to remain within this identified area of the SPA and are non - transferrable. 5. Growth Management A Supplemental Public Facilities Finance Plan (PFFP) has been prepared for the Project, as required by the Grown Management Element. The PFFP requirements have been included in the Project’s Conditions of Approval. Circulation The surrounding street segments and intersections including those along Olympic Parkway will continue to operate at the current Level of Service in compliance with the City’s traffic threshold standard with the proposed project traffic. No adverse impact to the City’s traffic threshold standards would occur as a result of the proposed project. Schools The Project Site is located in the attendance area of Valle Lindo Elementary School, within the boundaries of the Chula Vista Elementary School District (CVESD). The Project is also within the attendance area of Rancho Del Rey High School, Otay Ranch High School, and Chula Vista Adult School, within the Sweetwater Union High School District (SUHSD). The Project is within the boundaries of CVESD Community Facility District (CFD) No. 4 and SUHSD CFD No. 4, which will fully mitigate the Project’s impact on local schools. Sewer System The proposed onsite sewer system consists of gravity sewer lines within Streets “A” and “B” that will convey flow to the existing Poggi Canyon Interceptor in Olympic Parkway. 2022/01/18 City Council Post Agenda Page 267 of 415 City Council Resolution No. 2022-______ Page 5 Based on the average flow presented in Table 6 and a peak factor of 2.33 per the City Subdivision Manual, the projected peak flow for the Proposed Project is 0.31 mgd. An 8- inch gravity sewer line within Street “A” with a minimum slope of 1.0 percent is adequate to convey total project flow. Private sewer lines will be connected to this 8-inch public sewer line and extended to the building sewer laterals. Drainage The drainage system will collect stormwater through a series of swales, catch basins, inlets and culverts that direct stormwater flows to two onsite basins for purposes of water quality and hydromodification. Onsite storm drain facilities include a series of storm drainpipes within Streets “A” and “B” and the private streets within the residential parcels. A by-pass system of pipes carries natural or treated runoff in separate pipes to discharge into Poggi Creek. 6. Open Space and Conservation The Project proposes multi-family homes that meet the minimum open space requirement per the Sunbow II SPA Plan, Planned Community District Regulations. The Project includes 63.6-acres designated MSCP Preserve open space, 4.3-acres of Poggi Creek Conservation Easements and a 0.3-acre conserved wetland resource area. The development of the site is consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The Project would increase population growth, with each multi-family unit generating the need for 341 square feet of development parkland. The 718 multi-family units within Planning Area 23 of the Sunbow II Phase 3 SPA Plan generates a parkland obligation of 5.6 acres. In order to satisfy this obligation, the Project is required to pay a Park Benefit Fee in accordance with the Project’s Development Agreement and will not be providing the 5.6 acres of development parkland within the development. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. 2022/01/18 City Council Post Agenda Page 268 of 415 City Council Resolution No. 2022-______ Page 6 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of Building Permits. 10. Scenic Highway The Project Site is not located adjacent to or visible from a designated scenic highway. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. F. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the City Council hereby finds that the proposed project: 1. Is consistent with the Chula Vista General Plan, as specified in Section 65451, and land use, transportation, economic development, housing, public facilities and services, environmental and growth management objectives and policies. 2. Design or improvement is consistent with the General Plan. The General Plan establishes the vision for the City, and the Project defines the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the Project. The Tentative Map is consistent with the General Plan. 2022/01/18 City Council Post Agenda Page 269 of 415 City Council Resolution No. 2022-______ Page 7 3. The Project Site is suitable for the proposed density of development. The Project’s zoning supports the design of a viable residential project that will create a strong sense of place for residents. The densities are in accordance with the General Plan for the area. 4. The Project Site is physically suitable for the type of development. The Project is surrounded by other in-fill residential projects. The Project is designed to be compatible with the surrounding community. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project has been designed to provide a landscaped buffer for the surrounding in-fill residential projects and to comply with CEQA. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the Project has been designed to provide quality open space and amenities. 7. Neither the Subdivision nor the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. II. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the Conditions of Approval and Code requirements set forth below shall be completed prior to recordation of the related Final Map as determined by the Director of Development Services and the City Engineer, or designees, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 2022/01/18 City Council Post Agenda Page 270 of 415 City Council Resolution No. 2022-______ Page 8 Should conflicting wording or standards occur between these Conditions of Approval, any conflict shall be resolved by the City Manager or designee. A. GENERAL/DEVELOPMENT SERVICES 1. The Applicant, or his successor in interest, shall improve the Project Site in accordance with the approved Sunbow II, Phase 3 Tentative Subdivision Map No. CVT20-0002 (PCS20-0002), on file in the Planning Division, the conditions contained herein, and Title 19 of the Chula Vista Municipal Code (“CVMC” or “Municipal Code”). 2. The Project shall comply with the General Development Plan Amendment and the Sunbow II, Phase 3 SPA Plan Amendment. 3. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, the mitigation measures identified in EIR20-0002 Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 4. Prior to initiating any construction related activities requiring a clearing and grubbing or Grading Permit, the Applicant shall obtain a Habitat Loss Incidental Take Permit pursuant to Section 17.35 of the Municipal Code for impacts to Chula Vista MSCP Tier I, II, and II vegetation communities as shown in Table 5.3-11, in accordance with Project Habitat Mitigation Ratios and Acreages of the EIR and in accordance with Table 5-3 of the City of Chula Vista MSCP Subarea Plan. 5. Prior to Final Map approval, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA0637. 6. The project will be serviced for domestic water and fire with a public waterline constructed in Streets A and B, in accordance with Otay Water District (OWD) standards. The applicant shall conform all project related documents to show such waterlines as public. Private domestic and fire waterlines can cross Streets A and B as needed to provide OWD looping requirements. 7. Prior to issuance of the first residential building permit for the Project, the Developer shall record a nuisance easement against the Property addressing noise, odor, and visual impacts from the Otay Landfill (the “Nuisance Easement”). The Nuisance Easement shall name the City and the County of San Diego as express beneficiaries and shall be in a form approved by the Director of Development Services and the City Attorney. 2022/01/18 City Council Post Agenda Page 271 of 415 City Council Resolution No. 2022-______ Page 9 8. The Developer acknowledges and agrees that no residential building permits shall be issued for the construction of homes within 1,000 feet of the permitted limits of waste, as shown in Exhibit B (the “Permitted Limit of Waste”) of the Otay Landfill (the “Landfill”) until the earlier of: a) December 31, 2026. This shall be a firm date and not subject to extension. By way of explanation, such date being the date by which the operator of the Landfill (Otay Landfill, Inc., or “the Landfill Operator”) has indicated to the City that it anticipates permanently ceasing all waste disposal activities within 1,000 feet of the Permitted Limit of Waste (a partial closure, as contemplated by the Landfill’s 2017 Preliminary Closure and Post-Closure Maintenance Plan); or b) a date set forth in a future agreement, which may be entered into between the Developer and the Landfill Operator, which shall include a commitment by the Landfill Operator to permanently cease waste disposal activities within 1,000 feet of the Permitted Limit of Waste (the “Landfill Agreement”), the final form of which shall be subject to approval by the Director of Development Services and the City Attorney. If this provision is to be exercised, the Landfill Agreement shall include a waiver of claims by the Landfill Operator against the City and the City shall be designated as a third- party beneficiary of the Landfill Agreement, with the right, but not the obligation to enforce each party’s performance obligations; or c) such time that the Developer is able to demonstrate to the sole satisfaction of the Director of Development Services that the proposed home is not within 1,000 feet of the current or future active waste disposal area of the Landfill. Land Development Division/Landscape Architecture Division: 9. The Applicant shall comply with all applicable City of Chula Vista Standard Tentative Map Conditions (STMC) per Section 5-300 of the City Subdivision Manual as referenced hereto and incorporated herein and as approved and amended from time to time, to the satisfaction of the Director of Development Services and City Engineer or their designees. 10. Prior to the First Building Permit the Applicant shall pay the fair share contribution to the Adaptive Traffic Signal Control (ATSC) modules to each signalized intersection along the Olympic Parkway corridor between the I-805 Ramps and La Media Road. The Applicant’s fair share contribution is shown in the table below: Intersection Peak Hour Project % Traffic Entering a Project Fair Share 1. Olympic Pk./I-805 SB Ramps AM 2.6% 3.1% PM 3.6% 2. Olympic Pk./I-805 NB Ramps AM 3.8% 4.2% 2022/01/18 City Council Post Agenda Page 272 of 415 City Council Resolution No. 2022-______ Page 10 PM 4.6% 3. Olympic Pk./Oleander Av. AM 5.0% 5.4% PM 5.8% 4. Olympic Pk./Brandywine Av. AM 5.3% 6.0% PM 6.6% 5. Olympic Pk./project driveway (west) AM b b PM b 6. Olympic Pk./project driveway (east) AM b b PM b 7. Olympic Pk./Heritage Rd. AM 1.6% 1.9% PM 2.1% 8. Olympic Pk./Santa Venetia St. AM 1.3% 1.5% PM 1.6% 9. Olympic Pk./La Media Rd. AM 1.0% 1.1% PM 1.2% a Near-Term conditions, Table 14-1, Transportation Impact Analysis, Sunbow II, Phase 3 (June 22, 2020). b Traffic signal to be constructed by the project with adaptive system incorporated and fully funded by the applicant. 11. Prior to final inspection for each unit and in accordance with the Development Agreement, the Applicant shall pay a Park Benefit Fee equal to the PAD fees that would have otherwise been due pursuant to Chapter 17.10, using the PAD fee rates in effect as of the Effective Date of the Development Agreement. 12. In accordance with and as defined in the Development Agreement, the Owner shall pay the Jobs Enhancement Fund in three separate payments prior to issuance of the first (1st) building permit, one-hundredth (100th) building permit and two-hundredth (200th) building permit. 13. Prior to approval of a Grading Plan or Building Permit which includes any private facilities within the public right-of-way or City easement, the Applicant shall enter into an Encroachment Agreement with the City. 14. Proposed Fire Access Road(s) shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 15. The Applicant shall add the following note on the Public Improvement Plans: Public Works Operations Department shall inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need 2022/01/18 City Council Post Agenda Page 273 of 415 City Council Resolution No. 2022-______ Page 11 replacement as a result of this inspection which shall be accomplished by the Applicant at the Applicant’s sole expense. 16. Prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 15.04 the Applicant shall submit Grading Plans and associated slope Landscape and Irrigation Plans to the City. Plans shall be in conformance with the City’s Subdivision Manual and the City’s most current Best Management Practices; BMP Design Manual. A copy of the BMP Design Manual is available on the City of Chula Vista website at: http://www.chulavistaca.gov/departments/public-works/services/storm-water-pollution- prevention/documents-and-reports. 17. Prior to the issuance of the first Grading or Construction Permit, the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain and fund all Post Construction Permanent BMP facilities located within the Project to the satisfaction of the Director of Development Services. 18. Prior to approval of the Final Map, the Applicant shall enter into an agreement, in a form acceptable to the City Engineer and City Attorney, granting permission for the City of Chula Vista to permit the construction of drainage/improvements that will discharge drainage onto Owner’s property as shown on the CVT # 20-0002 and agreeing to indemnify, defend, and hold harmless the City, its agents and employees from and against any and all liability, claims, damages or injuries to any person, including injury to any City employees, and any and all claims which arise from, are connected with, or are in any way related to the performance of or failure to perform the work or other obligations, or are caused or claimed to be caused by the acts or omissions of Owner, or Owner’s agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or its employees. 19. The Applicant shall provide a minimum 3-foot wide level bench on Grading Plans, for landscaping maintenance access adjacent to freestanding walls, fencing or sound walls to be constructed adjacent to perimeter open space slopes (OS-7 through OS-12) with a gradient of 2:1 or greater. 20. Prior to issuance of any Grading or Building Permit based on plans proposing the creation of down slopes adjacent to public or private streets, the Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guard rail improvements at these locations. The Applicant shall construct and secure any required guard rail improvements in conjunction with the associated Construction Permit as 2022/01/18 City Council Post Agenda Page 274 of 415 City Council Resolution No. 2022-______ Page 12 determined by and to the satisfaction of the City Engineer. The guard rail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 21. Prior to the issuance of any Grading Permit, the Applicant shall provide a notarized letter of permission for all off-site grading work. 22. The Applicant shall apply for Grading Permit(s) consistent with the applicable provisions of the City’s Municipal Code and Subdivision Manual, reviewed and approved by the Land Development Division. These permit(s) shall reflect all grading required to create building pads, private roads and storm drainage system necessary to address drainage leaving the site. 23. Prior to issuance of any Grading Permit impacting on-site existing monitoring wells, the Applicant shall submit and gain approval of a Well Destruction Permit from the County of San Diego Department of Environmental Health and shall provide the City with a Closure Memorandum from the County of San Diego Department of Environmental Health upon completion of the Well Destruction Permit. 24. The Applicant shall dedicate for public use all the public streets and public utilities within the subdivision boundary on the Final Map as shown on the approved Tentative Map (CVT No. 20-0002) and shall construct or enter into an agreement to construct and secure all streets, utilities, traffic signals, and intersection improvements as shown on the approved Tentative Map (CVT No. 20-0002) to the satisfaction of the City Engineer and City Attorney. 25. Prior to issuance of any Construction Permit, the Applicant shall submit, for review, street cross-sections at 25’ intervals depicting existing and proposed street cross-fall and limits of grind and overlay required for the intersection improvements at Olympic Parkway and Streets ‘A’ and ‘B’ to the satisfaction of the City Engineer. 26. Prior to approval of the First Final Map or Improvement Plan, the Applicant shall provide the City with a Stopping Sight Distance and a Corner Sight Distance analysis which demonstrates compliance with Chula Vista Standard Drawing RWY-05 for Corner Sight Distance and Stopping Sight Distance and shall provide easements on the Final Map, as applicable, to the satisfaction of the City Engineer. 2022/01/18 City Council Post Agenda Page 275 of 415 City Council Resolution No. 2022-______ Page 13 27. All private sewer laterals and storm drains connecting each building unit to the City- maintained public facilities shall be privately maintained. 28. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, American’s with Disabilities Act (ADA) Standards, and Title 24 standards, as applicable. 29. Prior to approval of Improvement Plans for the Project, the Engineer of Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design for public improvements not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer of Work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. 30. The Applicant shall provide, Public Drainage and Access Easements on the Final Map over Open Space Lots OS-1, 2, 3, 4, 5, 6a, 6b, 7 and 8 for the existing Poggi Creek channel storm drains laterals and the two (2) existing box culverts within the subdivision boundary to the satisfaction of the City Engineer. 31. On the Final Map, the Applicant shall provide an easement for private access and utility purposes, to serve lots not feasibly served by a public street. If the engineering design of the lot has not been finalized, at the time of Final Map approval, a note, approved by the City Engineer, shall be placed on the Final Map, stating that such an easement will be granted by the Applicant or HOA for these lots as required in the CC&Rs. Said note shall reference Chula Vista Municipal Code Sections 18.32.030 and 18.44.010. 32. Prior to approval of any Final Map, the Applicant shall enter into a Grant of Easements, Access and Maintenance Agreement which shall cover all Homeowners Association (HOA) maintained improvements and shall also include all storm water BMP infrastructure constructed and located in any public right-of-way to the satisfaction of the City Engineer. 33. The Applicant shall provide easements on the Final Map over portions of Private Open Space Lots 5 and 8 to ensure access to public storm drain facilities, to the satisfaction of the City Engineer. 34. Prior to the issuance of the First Building Permit, the Applicant shall provide documentation to the City of meetings and correspondence with MTS regarding implementation of local bus stops or other transit service to the Project, to the satisfaction of the Director of Development Services. 2022/01/18 City Council Post Agenda Page 276 of 415 City Council Resolution No. 2022-______ Page 14 35. Prior to approval of any Final Map, the Applicant shall present verification to the City Engineer in the form of a letter from the Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. 36. Prior to the issuance of any Grading Permit impacting the existing on-site Otay Water District recycled water line, the Applicant shall provide evidence to the satisfaction of the City Engineer, that the Applicant has complied with the following: a. The Otay Water District has approved plans to relocate the existing Otay Water District Recycled Water line as shown on the approved Tentative Map (CVT No. 20-0002). b. The Applicant has entered into an agreement with Otay Water District to construct and secure the relocation of the Otay Water District Recycled Water line. c. The Applicant has provided evidence that Otay Water District has abandoned or has agreed to abandon any water main easements or portions thereof not needed as a consequence of the relocation of the Otay Water District Recycled Water line and the dedication of new right-of-way. d. The Applicant has entered into an agreement with the City of Chula Vista to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, causes of action, demands, suit, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of, connected with or incidental to the relocation of the Otay Water District recycled water line and the closure and abandonment of the old waterline, or from any and all City action, conduct or matter related thereto. e. The Applicant shall maintain recycled water service that is to be relocated throughout the duration of construction or provide temporary service in accordance with Otay Water District Regulations. 37. Prior to approval of the Final Map, the Applicant shall provide an easement to the Otay Water District on the Final Map, or in the alternative, by separate instrument for the portion of the public recycled water main adjacent to Street A right of way as shown on the Tentative Map, to the satisfaction of the City Engineer. If the easement is provided by separate instrument, said easement shall be shown on the Final Map. Said easement shall be sufficiently wide to enable the public recycled water line to be located clear of the parkway tree planting. 2022/01/18 City Council Post Agenda Page 277 of 415 City Council Resolution No. 2022-______ Page 15 38. Prior to City approval of Streets A & B Improvement Plans showing the project’s public recycled water line, the Applicant shall obtain Otay Water District signatures on said improvement plans. 39. The Applicant shall use benchmarks within the City of Chula Vista Benchmark network for all mapping purposes. 40. Prior to approval of any Final Map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Director of Development Services and City Engineer. 41. With the approval of each, the Final Map, Grading Plan and Improvement Plan, the Applicant shall upload digital files in a format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website @ http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted files. 42. Prior to approval of any Final Map, the Applicant shall submit Covenants, Conditions and Restrictions (CC&Rs) as approved by the City Attorney to the City Engineer and the Director of Development Services Department. Said CC&Rs shall include the following: a. Indemnification of City for private sewer spillage. b. Indemnification of City – General. c. Listing of maintained private facilities. d. The City’s right but not the obligation to enforce CC&Rs. e. Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage obligee have signed a written petition. f. Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, private sewage facilities, drainage structures and landscaping. g. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. h. Said CC&Rs shall be consistent with CVMC Chapter 18.44, the Subdivision Ordinance, and shall be recorded concurrently with the Final Map. i. Trip reduction strategies: 1. Provide ride share coordination services to match residents interested in carpooling; 2. Coordinate with nearby schools to match residents interested in carpooling to/from schools; 3. Provide on-site transit opportunities information; and 2022/01/18 City Council Post Agenda Page 278 of 415 City Council Resolution No. 2022-______ Page 16 4. Encourage bicycling by providing on-site bicycle infrastructure such as bike racks 43. The CC&Rs shall contain a provision that provides all new residents with a disclosure document that discloses the following intonation during any real estate transaction or prior to lease signing: a. NOTICE OF AIRPORT VICINITY - as required by the Brown Field Airport Land Use Compatibility Plan (ALUCP), this property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. Prior to the First Final Map, the Applicant shall record the “Airport Overflight Agreement” with the San Diego County Recorder’s Office and provide the City of Chula Vista with a conformed copy. Each prospective homeowner shall acknowledge receipt of the Airport Overflight Agreement, confirming they have been informed of the vicinity of the airport prior to the purchase or lease of a home. b. NOTICE OF LANDFILL – This property is located in the vicinity of the Otay Landfill which is a solid waste disposal facility. Customary solid waste disposal operations may include, but are not limited to, noise, odors, dust, vibrations, birds and vectors. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider which of these annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the San Diego County Recorder's Office and a conformed copy submitted to the City of Chula Vista as part of the Project approval. Each prospective homeowner shall sign the disclosure document confirming they have been informed of the vicinity of the landfill prior to the purchase or lease of a home. 44. The Applicant shall submit a HOA budget for review and approval by the City Engineer. Said budget shall include the following maintenance activities: a. Private streets, private sewer and storm drain maintenance b. Water quality facility maintenance and inspection. 2022/01/18 City Council Post Agenda Page 279 of 415 City Council Resolution No. 2022-______ Page 17 45. The Applicant shall underground all utilities serving the subject property and existing utilities located within or adjacent to the subject property in accordance with the applicable Municipal Code Sections. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. 46. Prior to approval of any Design Review Applications, the Applicant shall submit the Landscape Master Plan to the City for approval. 47. Prior to submittal of the first Landscape and Irrigation Plans for the Project, the Landscape Master Plan shall be sufficiently complete to enable approval by the Director of Development Services. 48. Prior to approval and issuance of the first Building Permit, the Applicant shall submit complete landscape construction documents for approval demonstrating that the installed landscape will comply with the City of Chula Vista Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the Municipal Code. 49. No building permit shall be issued until the City has approved any changes to the Entitlements that may be necessary should the Applicant not be granted a deed transferring fee simple title of land (the proposed buttress along the southern property line of the project) in recordable form, duly executed by the City, free and clear of all recorded liens, encumbrances, assessments, easements, leases and taxes; except those which are reasonably approved by the Applicant and such transfer of land is necessary to be in conformance with the Entitlements. Planning: 50. Prior to issuance of the 240th Building Permit, the Applicant shall construct the on-site Community Purpose Facility (CPF) consistent with Exhibit 23: Conceptual Community Recreation Area as depicted in the Sunbow II, Phase 3 SPA Plan Amendment and pay the applicable CPF Benefit Fee for the remaining obligation in accordance with the Development Agreement. 51. Prior to issuance of any Building Permit, the Applicant shall submit separate Design Review Applications for each of the six residential neighborhoods to facilitate the City’s issuance of separate Design Review project numbers for each residential neighborhood. The Applicant shall package said separate Design Review Applications into one master Design Review Package to facilitate the City’s comprehensive review of the entire Project Site. 2022/01/18 City Council Post Agenda Page 280 of 415 City Council Resolution No. 2022-______ Page 18 52. Prior to the issuance of the two hundredth (200th) Building Permit for the Project, the Owner shall execute an amendment to the covenants and restrictions (Affordability Covenant) set forth in that certain Regulatory Agreement dated June 1, 2000, between the California Tax Credit Allocation Committee and Serena Sunbow, L.P. (Document No. 20000-0641390 in the San Diego County Recorder’s Office, Nov. 27, 2000), in accordance with the Development Agreement. Fire Department: 53. The Applicant shall include the design and permitting of underground fire service utilities as part of Development Services Department Private Improvement Plans or Building Permit Plans. III. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 54. With the exception of those items as defined in the Development Agreement, approval of this request shall not waive compliance with any sections of the CVMC, nor any other applicable City Ordinances in effect at the time of Building Permit issuance. 55. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Subdivision Map; (b) the City’s approval of any environmental document prepared for this Project and (c) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Tentative Subdivision Map contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map where indicated below. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 56. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 57. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape Manual, 2022/01/18 City Council Post Agenda Page 281 of 415 City Council Resolution No. 2022-______ Page 19 Chula Design Plan and the Non-Renewable Energy Conservation Plan in effect on the Effective Date, as defined and as set forth in the Development Agreement. Plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 58. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of Building Permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. IV. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City’s Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property 2022/01/18 City Council Post Agenda Page 282 of 415 City Council Resolution No. 2022-______ Page 20 Owner/Applicant’s desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. ________________________________ __________ _____ Signature of Property Owner Date ________________________________ _______________ Signature of Applicant Date VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does, based on the findings, and the general and specific conditions included herein, hereby approve Tentative Subdivision Map (CVT20-0002) for Sunbow II, Phase 3 in conjunction with the General Plan Amendment (MPA20-0012), Sunbow II General Development Plan Amendment (MPA20-0013), Sunbow II Sectional Planning Area (SPA) Plan (MPA20-0006) and FEIR (FEIR20-0002). Presented by: Approved as to form by: _________________________ ______________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney Exhibits A & B to be inserted later. 2022/01/18 City Council Post Agenda Page 283 of 415 ORDINANCE NO.______________ ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACI SUNBOW, LLC (MPA21-0014) FOR THE SUNBOW II, PHASE 3 PROJECT I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and is commonly known as Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue and Olympic Parkway (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0-acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been built out and the PA23 site has remained vacant; and WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC (Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the PA23 land from industrial to residential uses and in exchange would provide funding that can be used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other signature project; and WHEREAS, applications to consider such amendments to the City of Chula Vista General Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3 SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development Services Department on February 26, 2020 by the Applicant; and WHEREAS, the Applicant proposes to rezone 67.5-acres of developable land on the Project Site from light industrial to residential uses resulting in up to 534 multi-family medium-high-density and 184 multi-family high-density residential dwelling units (718 total units) on six parcels and designate the remaining 68.2-acres as Multiple 2022/01/18 City Council Post Agenda Page 284 of 415 Ordinance No. __________ Page 2 Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved wetland resource area on sixteen parcels (Project); and WHEREAS, immediately prior to this action, the City Council certified the EIR (FEIR20-0002), pursuant to Resolution No. 2022-_A___; and WHEREAS, immediately prior to this action, the City Council approved a General Plan Amendment (MPA20-0012) and a Sunbow II General Development Plan Amendment (MPA20-0013), pursuant to Resolution No. 2022-_B___; and WHEREAS, immediately prior to this action, the City Council approved the Sunbow II, Phase 3 SPA Plan Amendment (MPA20-0006), pursuant to Resolution No. 2022-_C___ and rezone pursuant to Ordinance No. 2022-__D___; and WHEREAS, immediately prior to this action, the City Council approved the Tentative Map (PCS20-0002), pursuant to Resolution No. 2022-_E___; and WHEREAS, due to waivers in Development Standards or fees related to, but not limited to, a Jobs Enhancement Fund, Park Benefit Fee, Community Purpose Facilities Benefit Fund, Affordable Housing obligations and purchase of City owned land, a Development Agreement between the City and Applicant was necessary; and WHEREAS, approval of the Development Agreement serves as the final step in Project approval; and C. Environmental Determination WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report (EIR20-0002); and WHEREAS, the City Council has certified and hereby finds that the FEIR has been prepared in accordance with the requirements of CEQA, and the Environmental Procedures of the City of Chula Vista; and D. Planning Commission Record of Application WHEREAS, the Director of Development Services set the time and place for a 2022/01/18 City Council Post Agenda Page 285 of 415 Ordinance No. __________ Page 3 public hearing on the Project, and notice of the public hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the public hearing; and WHEREAS, the Planning Commission held an advertised public hearing and voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for a public hearing on the Project and notices of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the public hearing; and WHEREAS, the duly noticed and called public hearing on the Project was held before the City Council in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. II. NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendment to the Sunbow II, Phase 3 SPA Plan and related documents are consistent with the City of Chula Vista General Plan. The General Plan envisioned Sunbow II as an efficient self-contained village. B. APPROVAL OF PROPOSED AGREEMENT The City Council hereby approves the Development Agreement between the City of Chula Vista and ACI Sunbow, LLC as represented in Exhibit B attached hereto and incorporated herein by this reference. 2022/01/18 City Council Post Agenda Page 286 of 415 Ordinance No. __________ Page 4 III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by: Approved as to form by: ______________________ _______________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney Exhibit A and B to be inserted later. 2022/01/18 City Council Post Agenda Page 287 of 415 From: Rochelle Rabin <rochelle.rabin15@gmail.com> Sent: Tuesday, August 03, 2021 10:02 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: Support for new housing at Sunbow Mayor Casillas Salas - Please accept this letter of support for the new homes planned for Sunbow. I’d very much like to be able to share these thoughts in person, but with a 2-year-old and a 4-year-old, I’m not sure that’ll be possible. Like you, my family has been part of this community for generations. My mom still talks about the hot summer days my aunts and her would walk down and spend all day at the Parkway Aquatic Pool. My sisters went to Feaster Elementary. As a kid I was lucky to be able to live next door to my great grandma, and every week we would walk up to the Chula Vista Public Library on F St, then take the 929 bus down to what used to be Target, and is now the Hobby Lobby. Marie Calendar's was the place for family brunch after visiting my grandma in Fredericka Manor once my great-grandma moved to assisted living. To now bring it all full circle and raise my two boys here. We own several properties intown and, all in all, have been pleased with the changes we’ve seen over the years. I was disappointed to learn of the Planning Commission’s short-sided decision on the Sunbow amendment. They failed to look at the city holistically and didn’t consider the plans for its future. I’m intrigued by the vision for the University and Innovation District, and believe that continued investment and revitalization will keep the city moving forward. The kind of industrial that would come to Sunbow wouldn’t be the likes of Apple or Google as some have opined. Should Chula Vista garner the attention of a large tech company like that, it doesn’t take much imagination to assume it’d be encouraged to occupy space in the University district. But I ask…where would all these people live? I’m very lucky to have deep roots in this community that have afforded me with the opportunity to own my own home here, and have rental properties. However, a lotof my friends are not as fortunate. Please don’t make the same mistake as the Planning Commission. I hope that you and the other members of the City Council vote yes when this project comes before you in the coming weeks. Rochelle Rabin 269 Aventura Dr. Chula Vista, CA 91914 Warning: External Email mailto:rochelle.rabin15@ gmail.com mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 288 of 415 From: Cleo Thrower II <ctj7777777@protonmail.com> Sent: Wednesday, August 04, 2021 1:33 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: Support for Sunbow Hello – As with any development project fear of the unknown has resulted in a lot of misconceptions floating around about the changes in process for Sunbow. I too was nervous when I first learned about these plans, but after doing a little research on my own, I’d like to share my support for this project. I’ve lived about a mile or so east of this site since ’96, and I appreciate that Sunbow is saving so much open space. I think I read something like 65% of the site will be preserved. I also like that they are building homes for the often-forgotten middle market. My own kids are grown now, but I love the idea of continuing to invest in the schools and parks that make Chula Vista such a great place to raise a family. Cleo Thrower 2165 Caminito Rinaldo #109 Chula Vista Ca 91915 Sent with ProtonMail Secure Email. Warning: External Email mailto:ctj7777777@proto nmail.com mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov https:// protonmai l.com/ 2022/01/18 City Council Post Agenda Page 289 of 415 From: Stephanie Tillman <stillman111@yahoo.com> Sent: Wednesday, August 04, 2021 1:36 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: 8/10 Sunbow Support Attention City Council: I read about the latest Sunbow project in the paper and wanted to share my support. I understand some of the concerns being expressed, but access to safe, affordable, housing continues to be an important issue in our region, especially for working families, veterans and seniors. Sunbow aims to address this problem by converting a vacant parcel into attainable homes and recreation space. When so many developers aim to maximize their profits by filling every square inch with homes, I like that this project includes lots of parks and preserved open space. I also heard that roughly 70 affordable units are set to expire, but this project will make it possible for low-income seniors to remain in their homes and continue to age in place. I’m not sure if this extension is possible without this project, but the thought of these people being evicted because they’re no longer able to afford their rent on a fixed income is just heartbreaking. Thanks for the opportunity to provide comments. Stephanie Tillman 1092 Strawberry Valley Drive Chula Vista, CA 91913 Warning: External Email mailto:stillman111@y ahoo.com mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 290 of 415 From: isaac gomez <isaacdta@yahoo.com> Sent: Wednesday, August 04, 2021 3:57 PM To: John McCann <jmccann@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: Vote yes on Sunbow To whom it may concern, Olympic Parkway was designed and constructed as a “scenic roadway” and residential corridor to serve the Sunbow, Rancho del Rey, EastLake and Otay Ranch communities. I’m so pleased that, with City approval, that scenic roadway will be preserved. I like how the project is set back from the roadway so that the views through this area for the community at-large are preserved. I support this amendment and am hoping for some good news about its approval. Sincerely, Isaac Gomez 988 Maria way Chula Vista 91911 Warning: External Email mailto:isaacdta@y ahoo.com mailto:jmccann@chula vistaca.gov mailto:MSalas@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 291 of 415 From: isaac gomez <isaacdta@yahoo.com> Sent: Wednesday, August 04, 2021 4:02 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: Sunbow support. Hello Mayor Salas and Council members, I’m writing to share my support of the updates to Sunbow. I’ve lived in Chula Vista for 35 years, born and raised these new homes make more sense for this site than industrial would. I worry that bringing industrial to this location would change the character of this area. To think that something like a large factory or storage facility could be built here makes me especially glad that Sunbow is suggesting a change. I hope you vote to support this project. It is much more appropriate for our neighborhood. Sincerely, Isaac Gomez 988 Maria Way Chula Vista 91911 Warning: External Email mailto:isaacdta@y ahoo.com mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 292 of 415 From: isaac gomez <isaacdta@yahoo.com> Sent: Wednesday, August 04, 2021 4:07 PM To: Mary Salas <MSalas@chulavistaca.gov>; Jill Galvez <jmgalvez@chulavistaca.gov>; John McCann jmccann@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: 8/10 Public Comment Dear Chula Vista City Council, I support these new houses because having a factory or something here would bring big trucks and heavy machinery to an otherwise residential area. Traffic can already be a bit tough at times and slow rumbling trucks will only make this worse. I also read that new street lights are planned and that some developer fees can help bring improved signaling to our streets. Both of these improvements would make Olympic Parkway much more efficient. Please vote yes on this project. Thank you for your consideration, Isaac Gomez 988 Maria Way Chula Vista 91911 Warning: External Email mailto:isaacdta@y ahoo.com mailto:MSalas@chula vistaca.gov mailto:jmgalvez@chula vistaca.govmailto:jmccann@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 293 of 415 From: Juan Ramos <juanramos222@gmail.com> Sent: Thursday, August 05, 2021 8:26 AM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: 8/10 Public Comment I just learned about this project from my friend Isaac. I agree with the comments he’s submitted below), and wanted to reiterate my support. I commute on Olympic Parkway and think these things would definitely help. Juan Ramos 1830 Unit 2 Ascella Drive Chula Vista, 91915 From: isaac gomez <isaacdta@yahoo.com> Sent: Wednesday, August 4, 2021 4:07 PM To: msalas@chulavistaca.gov; jgalvez@chulavistaca.gov; jmccann@chulavistaca.gov; spadilla@chulavistaca.gov; acardenas@chulavistaca.gov Cc: cityclerk@chulavistaca.gov Subject: 8/10 Public Comment Dear Chula Vista City Council, I support these new houses because having a factory or something here would bring big trucks and heavy machinery to an otherwise residential area. Traffic can already be a bit tough at times and slow rumbling trucks will only make this worse. I also read that new street lights are planned and that some developer fees can help bring improved signaling to our streets. Both of these improvements would make Olympic Parkway much more efficient. Please vote yes on this project. Thank you for your consideration, Isaac Gomez 988 Maria Way Chula Vista 91911 Warning: External Email mailto:juanramos222@ gmail.com mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov mailto:isaacdta @yahoo.com mailto:msalas@chul avistaca.gov mailto:jgalvez@chul avistaca.gov mailto:jmccann@chul avistaca.gov mailto:spadilla@chul avistaca.govmailto:acardenas@ch ulavistaca.govmailto:cityclerk@chul avistaca.gov 2022/01/18 City Council Post Agenda Page 294 of 415 From: Dion, Stacy (CCI-California) <Stacy.Dion@cox.com> Sent: Friday, January 14, 2022 7:53 AM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: Public Comment (Sunbow) Hello Mayor Salas and members of the City Council, I own a townhouse here in Chula Vista and was impressed to learn about the community benefits agreement included in upcoming Sunbow project in the UT. I’ve heard the discussion about the need to preserve industrial land, but what we’ve seen in a lot of instances is where this type of property isn’t going to high-paying tech jobs. It’s going to gyms and storage facilities which isn’t providing the benefits to the city that this project would. The monies outlined in the Community Benefits Agreement will help bring new jobs, add parkland, and invest tens of millions of dollars more into our community than what an industrial project would bring. I think this type of agreement is a really smart way make sure that the city is able to generate revenue for the projects and initiatives needed most, instead of just accepting that a 30-year-old plan is still relevant. Kudos to you and to the applicant for working together on this. I hope you approve this project. Thank you! Stacy Dion 2216 Huntington Point Rd #32 Chula Vista CA 91914 Stacy Dion National Account Manager – New Build cell) 619-994-3135 5159 Federal Blvd San Diego CA 92105 Warning: External Email Item 6.3 Written Communications - Received 1/14/2022 mailto:Stacy.Dion @cox.com mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.govmailto:CityClerk@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 295 of 415 From: Max Zaker <maxzaker@gmail.com> Sent: Monday, January 17, 2022 6:16 PM To: CityClerk <CityClerk@chulavistaca.gov> Cc: Laura Black <lblack@chulavistaca.gov>; Tiffany Allen <TAllen@chulavistaca.gov> Subject: SUNBOW II Development Good afternoon: The attached are some of the Planning Commissioners' comments at the public hearing on 7/28/201 when SUNBOW II development and application to rezone the property was heard. Kindly include these in public comments when this item goes before the City Council tomorrow. Thank you Max Zaker Chula Vista Planning Commissioner Chair 619) 952-1479 Warning: External Email Written Communications Item 6.3 - Zaker mailto:maxzaker@ gmail.com mailto:CityClerk@chula vistaca.govmailto:lblack@chulav istaca.gov mailto:TAllen@chula vistaca.gov 2022/01/18 City Council Post Agenda Page 296 of 415 1 Chula Vista Planning Commissioners Comments This statement represents some of the comments by the Chula Vista Planning Commissioners during the deliberation for SUNBOW II development on 7/28/2021, which ultimately resulted in a 6-0 No vote. • The proposed rezoning of the project site from industrial to residential would eliminate approximately 2,800 jobs and 700,000 square feet of leasable industrial space (as forecasted by the Sunbow General Development Plan for Sunbow II, Phase 3). Yet, this job loss was glaringly omitted by the HR&A Study entitled ““Market and Financial Analysis of Industrial Use” that was commissioned by the Applicant. • The applicant was given permits to the residential portion of the project without ever doing the proper grading and prep work for the commercial/industrial portion. This has caused the developer to push this project to future planning commissions and future city councils and ask for residential units "saying it doesn't pencil out.". The applicant consistently asks for residential without any proper analysis of commercial, industrial and mixed uses for the land. Only a meager evaluation that the Planning Commission found to be incomplete and inconclusive. \ • The proposed rezoning of 54.7 acres within the project site lies in the middle of the largest, contiguous parcel of vacant industrial land in East Chula Vista. If the rezoning of this industrial land is approved, what is to prevent the City from rezoning the remainder of this industrial land from industrial to residential for future housing projects in response to the State - required Regional Housing Needs Assessment (aka RHNA)? • Chula Vista needs this project to be built in it's initially approved configuration to ensure that economic opportunities happen for the city. Unfortunately, if this is changed to residential it will cost taxpayers lots of money, just to reward a developer that has been acting in bad faith. Written Communications Item 6.3 - Zaker 2022/01/18 City Council Post Agenda Page 297 of 415 2 • The city should also look at the number of times this project has failed at council and commission, and maintain strength against a developer who is acting in bad faith • The finding by City staff in their EIR companion document entitled ““Findings of Facts and Statement of Overriding Considerations” that, in fact, the “Environmentally Superior Alternative” would be a reduced housing development of 360 residential units. This housing project was pursued, it would allow for the reintroduction of an eight acre site for a commercial use project that was first proposed by the Applicant in January 2020 when the City Council considered approving the Community Benefit Agreement. • With regard to affordable housing, of the 718 units proposed to be included in the project site, NONE will be counted toward the City’s affordable housing goals because the Applicant will simply convert 67 of the existing 132 units that comprise the Villa Serena Senior Project from moderate to low-income (to earn the Applicant certain credits). Thus, instead of a net gain of 72 additional affordable housing units, which would have been otherwise required, the actual net gain is ZERO towards addressing the City’s need for affordable housing. • The deliberate failure of the Applicant (and its hired consultants) to submit its environmental documents for review by the County of San Diego. Thus, no official comment was received by the County of San Diego, Environmental Services Department, regarding the EIR as it pertains to the Otay Landfill. Consequently, the EIR fails to properly address the historic levels of methane gas migration within the landfill area that will be proximate to the proposed project as well as the repeated violations by the landfill operator cited by the County. • The dubious contention by the Applicant that it cannot find viable industrial-related developers for the project site when Otay Mesa (located less than five miles away) is experiencing commercial and industrial Written Communications Item 6.3 - Zaker 2022/01/18 City Council Post Agenda Page 298 of 415 3 development at a massive scale. There is a strong demand for light industrial development within close proximity to San Diego/Tijuana Border. • The applicant was not interested in the option of a mixed use (Residential/Commercial/Retail) project. Instead, presented a plan for 100% rental housing, with no homeownership opportunities. • The $11M in-lieu of fee offered by the applicant to the city posed concerns for many reasons, most significantly, city staff was not able to provide any specifics as to how those funds would be earmarked and allocated. We were told funds will be used towards future commercial development in the University (Millenia) project. • The rezoning of this designated industrial/commerce land to residential (ONLY rental housing) is NOT in the best interest of our city. It will not provide any long-term jobs or create any sustainable economic benefits to our city. Written Communications Item 6.3 - Zaker 2022/01/18 City Council Post Agenda Page 299 of 415 SUNBOW II, PHASE 3 AMENDMENTS January 18, 2022 EIR20-0002, MPA20-0006, MPA20-0013, MPA20-0014, PCS20-0002, MPA21-0014 12022/01/18 City Council Post Agenda Page 300 of 415 PROJECT LOCATION & SURROUNDING USES2022/01/18 City Council Post Agenda Page 301 of 415 EXISTING APPROVAL 1990 Sunbow II SPA 604.8 acres PA 23 46-acre Industrial Park MSCP Preserve Lands 2022/01/18 City Council Post Agenda Page 302 of 415 SITE HISTORY2022/01/18 City Council Post Agenda Page 303 of 415 COMMUNITY BENEFIT AGREEMENT Community Benefit Agreement (CBA) January 7, 2020: •Allow applicant to submit application for entitlements; and •Action was not an approval of the project itself. $8M in “Job Enhancement Funds” to direct construction of: •Class “A” office building(s) along the SR-125 corridor on City or non-profit owned land; •Commercial/academic building(s) to advance the vision of the University Innovation District; or •Some other notable project at the City’s discretion. 2022/01/18 City Council Post Agenda Page 304 of 415 MSCP Boundary Adjustment (+.09 acres) Change land use from industrial to residential Entitle 718 units PROPOSED SUNBOW II, PHASE 32022/01/18 City Council Post Agenda Page 305 of 415 PROJECT COMPONENTS2022/01/18 City Council Post Agenda Page 306 of 415 Document Project/Resolution No. Environmental Impact Report EIR20-0002 General Plan Amendment (GPA) & Sunbow II General Development Plan (GDP) Amendment MPA20-0013 & MPA20-0014 Sunbow II, Phase 3 Sectional Planning Area (SPA) Plan Amendment MPA20-0006 Tentative Map CVT20-0002 PCS20-0002 Development Agreement MPA21-0014 PROJECT ANALYSIS2022/01/18 City Council Post Agenda Page 307 of 415 ENVIRONMENTAL IMPACT REPORT Response to Comments,Attachment 4 -Section 1.1 Mitigation Monitoring and Reporting Program,Attachment 4a Caltrans Letter &Applicant Response,Attachment 4b Findings of Fact and Statement of Overriding Consideration,Attachment 5 •CEQA requires an EIR describe a range of reasonable alternatives to a project that: –Would avoid or substantially lessen any of the significant effects of the project –Feasibly attain most of the basic objectives of the project •The EIR considers: –No Project/Build Alternative –Existing Land Use Designation Alternative –Reduced Development Alternative •CEQA requires an EIR to identify the environmentally superior alternative 2022/01/18 City Council Post Agenda Page 308 of 415 SUMMARY OF IMPACTS •Less than Significant Impact •Aesthetics •Agricultural and Forestry Resources •Air Quality •Energy •Hydrology and Water Quality •Land Use •Mineral Resources •Noise •Population and Housing •Transportation •Utilities and Service Systems •Less than Significant with Mitigation •Biological Resources •Cultural and Tribal Cultural Resources •Geology and Soils (Paleontological Resources) •Hazards and Hazardous Materials (Wildfire) •Public Services •Recreation •Wildfire •Significant and Unavoidable with Mitigation •Greenhouse Gas Emissions 2022/01/18 City Council Post Agenda Page 309 of 415 ACTIVE LANDFILL PROXIMITY2022/01/18 City Council Post Agenda Page 310 of 415 AFFORDABLE HOUSING IMPACT Low Moderate Obligation/ Credits New Obligation 36 36 72 Low Income Units 36 -36 Moderate Income to Low Incentive Credit (x1.5) 31 -46.5 TOTAL REMAINING OBLIGATION 0 0 0 132 Existing senior apartments 67 moderate income 2022/01/18 City Council Post Agenda Page 311 of 415 GENERAL PLAN AMENDMENT Attachment B INDUSTRIAL LANDS ANALYSIS2022/01/18 City Council Post Agenda Page 312 of 415 Citywide 428 acres of developable Demand through 2050 =118 to 239 acres Surplus 190 to 311 acres in 2050 Site Specific PA 23 represents 10%; Could support economies of scale; Located near the freeway but relatively distant from industrial clusters; Site preparation challenges; Financial feasibility unlikely. INDUSTRIAL ANALYSIS2022/01/18 City Council Post Agenda Page 313 of 415 Job Enhancement Funds –City shall receive $8 million to direct construction for job enhancing uses in eastern Chula Vista. Affordable Housing Obligation – Extension and increased affordability at Villa Serena Senior. DEVELOPMENT AGREEMENT2022/01/18 City Council Post Agenda Page 314 of 415 Community Purpose Facilities (CPF) Benefit Fund –Waiver of full onsite compliance and payment of $1.7 million. Park Benefit Fee –Owner shall pay such fee of $11.7 million towards future park acquisition/development. DEVELOPMENT AGREEMENT2022/01/18 City Council Post Agenda Page 315 of 415 Purchase of City Land (7,200-square foot) to construct and maintain the buttress. DEVELOPMENT AGREEMENT Buttress 2022/01/18 City Council Post Agenda Page 316 of 415 FISCAL IMPACT2022/01/18 City Council Post Agenda Page 317 of 415 VOTED 6-0 TO DENY RECOMMENDATION: •General Plan of Industrial Land •Market changes since CBA –Jobs Enhancement Fund contribution •Mix of Uses as Proposed: –General Plan Land Use Amendment Initiation Request: •46-acres of Residential Medium High (RMH) density (11 –18 dwelling units per acre); and •8-acres of commercial office. –Fiscal analysis identified a modest amount of commercial use would offset the fiscal impacts of market rate housing development. –Proposed Amendments: 100% Residential PLANNING COMMISSION 7/28/212022/01/18 City Council Post Agenda Page 318 of 415 CONCLUSION Final Environmental Impact Report (FEIR20-0002/SCH 2020110148): Findings of Fact; Statement of Overriding Considerations; Mitigation Monitoring and Reporting Program; Amendments to the Chula Vista General Plan (MPA20-0012) and the Sunbow II General Development Plan (MPA20-0013); Amendments to the Sunbow II Sectional Planning Area Plan (MPA20-0006); Ordinance to rezone the Sunbow II, Phase 3 Project from limited industrial to residential use; Tentative Subdivision Map CVT20-0002 (PCS20-0002); and Ordinance approving a Development Agreement.2022/01/18 City Council Post Agenda Page 319 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Citywide Data Privacy Policy Initiative and Smart Cities Update Report Number: 21-0185 Location: No specific geographic location Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Accept the report and adopt a resolution approving an agreement with Madaffer Enterprises to provide consulting services for a Citywide Technology and Privacy Oversight Policy. SUMMARY The City of Chula Vista adopted a Smart City Strategic Action Plan (Action Plan) in September 2017 establishing itself as a leader in the growing “smart city” movement, earning recognition locally, nationally and internationally for its innovative planned approach to using technology to create a more efficient and effective government. As a smart city, Chula Vista aims to continue to leverage innovative technology and data tools to better serve and engage citizens, enhance sustainability, improve public safety and promote local economic development. The Smart City Strategic Action Plan adopted in 2017 aims to help the City of Chula Vista:  Become more responsive by working with our communities, residents and businesses to improve city operations and services, including public safety and citizen engagement.  Become more transparent by using data and analytics to improve city services, operations, and ensuring public access to city performance indicators.  Lay the groundwork for economic development to attract new businesses, but also help grow and support current Chula Vista businesses. 2022/01/18 City Council Post Agenda Page 320 of 415 P a g e | 2 This staff report highlights the key accomplishments to date, as well as initiatives currently underway. In addition, as part of the on-going implementation of the Action Plan, the city would like to engage Madaffer Enterprises (Madaffer) to provide support for the development of a Citywide Technology and Privacy Oversight Policy (Policy). This staff report outlines details of the project scope and deliverables of the contract being brought forward to the City Council for action. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the state CEQA Guidelines. The proposal seeks to help address the local threat of climate change by reducing greenhouse gas (GHG) emissions and lowering vulnerability to anticipated climate change impacts. Thus, no further environmental review is necessary. In addition, notwithstanding the foregoing, the Development Services Director has also determined that the Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista’s Smart Cities Strategic Action Plan was adopted to serve as a roadmap and outline goals, objectives and initiatives that will help the City achieve its smart city vision. The Smart City Strategic Action Plan is built around ten primary objectives that are organized into four overarching goals. Each objective is supported by a number of initiatives and action steps. City staff continues to work with department heads and key stakeholders on progress towards implementation of the various initiatives. Since the Council adopted the Action Plan in September 2017, department heads and their teams across the City have accomplished the following key milestones: Public Safety:  The Chula Vista Police Department (CVPD) in 2017 completed the transition to a modern computer- aided dispatch (CAD) system, a critical component of the 9-1-1 emergency service system. The PremierOne CAD system replaced an outdated 20-year-old CAD system, giving the city's emergency responders state-of-the-art tools that will improve law enforcement service in the community.  In 2018, with strong support from the community, CVPD began deploying drones from the rooftop of the police department headquarters to 911 calls and other reports of emergency incidents, such as crimes in progress, fires, traffic accidents, and reports of dangerous subjects. In 2019, CVPD was authorized to fly Beyond Visual Line of Sight allowing the drones to fly up to 3 miles in any direction from the launch site (within city limits). In March 2021, CVPD again made history as the first in the United States to obtain Federal Aviation Administration (FAA) authorization to launch fr om anywhere in the city. DFR now has city-wide coverage and can cover much of the geographical area of Chula Vista. To date the DFR Program drones have responded to over 8,500 separate emergencies and the program continues to serve the residents of Chula Vista by reducing response times, increasing safety, and providing real-time information for better informed decisions. 2022/01/18 City Council Post Agenda Page 321 of 415 P a g e | 3  In addition, CVPD is the first and only police department in the nation to test and successfully use Live911. This revolutionary software – developed in partnership with HigherGround – allows both the teleoperator and officers in the field the ability to listen live to incoming 911 calls in real time. The audio of a call between a citizen and a dispatcher contains critical information ; the teleoperator is able to launch based upon what he or she hears during the ongoing 911 emergency and is often able to have the drone arrive on scene before the officers on the ground even realize the incident is occurring. This Live911 system supports the already robust and efficient CVPD police dispatching system, providing only an added layer of efficiency to serve the community.  CVPD is proud to be one of the first law enforcement agencies in the United States to participate in the White House Open Data Initiative. In addition, CVPD launched the CVPD Open Data Portal to stay engaged with the community and empower the residents and visitors to learn more about what we do to keep our community safe. Dashboards are the latest technology for data sharing allowing Chula Vista residents to access content in an interactive way. Traffic & Engineering  The City developed and adopted its first ever Traffic Signal Communications Master Plan to help guide the City’s toward effective modernization of a comprehensive traffic signal communications network which will support cutting-edge transportation systems.  Advanced Traffic Controllers: In the fall of 2018, the City of Chula Vista upgraded 29 intersections along Telegraph Canyon Road, H Street, and Otay Lakes Road with adaptive traffic signal controllers. These smart traffic signal systems can “see” approaching vehicles from much farther away, and they can automatically adjust the duration of green and red light cycles based on real-time traffic patterns. The goal is to reduce travel times, improve safety, and to reduce emissions attributable to vehicles idling at red lights.  Active Transportation Plan: The City of Chula Vista developed an Active Transportation Plan (ATP) to help guide future pedestrian and bicycle improvements. The 2020 ATP Master Plan was approved by City Council in May 2020. The ATP builds off the City’s recent efforts, such as the Pedestrian Connectivity Plan and the Bikeway Master Plan and proposes ways to accommodate emerging technologies such as scooters and electric bike share.  Shared Micro-mobility Device Pilot Program: The Shared Micro-Mobility Device Pilot Program was launched in 2018 as a one-year pilot permit program to provide new mobility options for the residents and visitors of the City of Chula Vista. This Program will assist the City with monitoring and evaluating the deployment and operations of shared micro-mobility equipment for permitted operators that are issued a permit under the Program.  Drones in Engineering and Surveying: Chula Vista Engineering Department began using drones in 2017 for surveying numerous things such as pavement, roadways, storm drains and for construction projects. Chula Vista is the first city in the county to use drones in their engineering projects.  Broadway Corridor Improvements (2021): Chula Vista is building new bike lanes on Broadway from C Street on the north end to Main Street on the south end. As part of the Corridor improvements, Chula Vista is also installing a variety of traffic signal upgrades to smooth the flow of cars, bicycles and pedestrians along and across Broadway by responding and adjusting to real-time traffic conditions. These upgrades include: o New advanced transportation computer controllers at all signalized intersections o Upgraded traffic signals at the intersections of Broadway and G and Broadway and F 2022/01/18 City Council Post Agenda Page 322 of 415 P a g e | 4 o Video detection systems that provide accurate counts of vehicles and bicycles traveling through key intersections o Traffic monitoring cameras that allow traffic engineers to study traffic patterns at specific times of day o Dedicated short-range communications (DSRC) antennas that will enable future vehicle- to-infrastructure (V2X) communications to support autonomous vehicles o Bluetooth sensors that anonymously measure the time it takes to travel between certain points along the corridor o Fiber-optic cable to support advanced traffic signal communications  Autonomous Vehicles Research: In 2017, the U.S. Department of Transportation designated Chula Vista and the broader San Diego region as one of 10 Autonomous Vehicle Proving Grounds in the U.S., and one of only two in the state of California. The region was recognized for its ability to demonstrate safety planning, willingness to share information with industry and government partners, and commitment to compliance with all applicable laws, regulations and policies. Chula Vista has worked with the San Diego Association of Governments (SANDAG) and California Department of Transportation (Caltrans) to establish the San Diego Regional Proving Ground (RPG), intended to be a real-world laboratory for validating autonomous vehicle technology. The RPG includes local streets and roads in Chula Vista, state Route 125 and Interstate 15. Development Services  Construction and Development Data Online Services: The City of Chula Vista launched online services to provide a quick and simple way for residents and businesses to access information about zoning. These include the following: o Chula Vista e-zoning: A tool to simplify site selection process and shows where your business can be located and a tool to calculate fees for the permits and licenses you’ll need to open or expand a business o Online Permit Services - Accela Citizen Access: Internet program for building permit research, inspection scheduling and issuance of minor residential permits (e.g. electric meter reset, miscellaneous wiring, water heater replacement, water line repair or alteration, gas meter reset, gas line repair or alteration, installation or replacement of FAU and A/C units) Public Works  ACT Chula Vista app: Residents can now use ACT Chula Vista to submit requests for non-emergency service via mobile application and web tool. ACT Chula Vista allows citizens to report non-emergency issues, monitor progress and view updates. The new system eliminates the same request being submitted multiple times and allows staff to work more efficiently by filtering r equests regarding type, status or department assigned.  The City received an award from the American Planning Association (APA) Technology Division for its Smart City Strategic Action Plan announced at the 2018 APA National Conference. Community Services  Technology training for senior citizens: In an effort to close the "digital divide" and ensure all community members have equitable access to the internet and computer resources, the City of Chula Vista offers technology training classes for residents and non-residents ages 50 years and older. 2022/01/18 City Council Post Agenda Page 323 of 415 P a g e | 5 These training sessions can help participants learn how to install and use various smartphone apps, how to perform basic tasks on a computer, and how to use the internet to find information.  Recreation Department online registration service – Through the City of Chula Vista’s Online Classes & Park Reservations service, Chula Vista residents have access to register for hundreds of classes and activities for all ages.  Smart irrigation upgrades: The City has upgraded irrigation systems at multiple city parks and facilities with smart irrigation technology that allows remote operation and flow sensor leak detection to help achieve our water conservation goals.  WiFi Hot-Spots and Chromebooks available for checkout: In an effort to close the "digital divide" the City of Chula Vista offers check out Internet Hot-Spots and Chromebooks through the library. These devices provide wireless internet access nearly everywhere and fit in your pocket. o In April 2020, the City Council approved a resolution for an agreement with T-Mobile to purchase 2,000 WIFI hotspots devices for needy families as a partnership with Chula Vista Elementary School District. The city will continue to ensure that our DEIP initiatives are sustained by long-term stakeholder engagement across our region.  Innovation Station: The City, through collaboration with San Diego Gas & Electric and the Chula Vista Elementary School district, launched a Smart City Education center at the Central Li brary focusing on teaching our children the importance of energy efficiency and renewable energy, by making learning of science, technology and engineering fun and engaging.  Digital Resources, Downloadable E-Books & Magazines for All Ages & Online Services available for Chula Vista residents and communities Economic Development  Aira pilot program for blind and vision-impaired residents: In 2019, Chula Vista partnered with the Third Avenue Village Association and Aira on a one-year pilot program to provide free access to an augmented reality service that connects blind and low-vision people to highly trained, remotely located agents. The City of Chula Vista was the first business district in California to offer this program.  Choose Chula: Small Business Support App: In 2020, to help support our community's economic recovery following the COVID-19 pandemic, Chula Vista launched Choose Chula: Small Business Support App, powered by the creative experts at Colu as an initiative to boost sales at local businesses.  Drone Test Bed: The city issued a Request for Expressions of Interest highlighting the numerous city-owned facilities available to businesses and organizations working on autonomous vehicles (AV) and unmanned aerial systems (UAS), more commonly known as drones. The solicitation invited private sector to propose projects, partnerships and pilot programs. Chula Vista is the only city in the United States with federal pilots for both AV and UAS industries, offering a collaborative ecosystem for engagement on both platforms of the future as testing continues.  Online Service Center for Business: Chula Vista launched a Business License Online Application portal that allows businesses to easily apply, update, and renew business licenses as well as pay balances. 2022/01/18 City Council Post Agenda Page 324 of 415 P a g e | 6  Smart Bayfront: Chula Vista, the Port District and RIDA successfully executed a Development Agreement for the multi-billion dollar Chula Vista Bayfront Master Plan. The Bayfront is one of the City’s biggest opportunities to showcase leadership in smart cities. The vision is to use the Bayfront as a test bed where smart city applications can be deployed and then scaled up to other parts of the city to enhance sustainability, improve public safety and promote local economic development. Progress continues towards breaking ground on this monumental project.  Master License Agreement (MLA) for Wireless Facilities: City staff established an MLA for wireless facilities on City Poles in the Right-of- Way between the City and various public communications companies for the installation of small cell wireless communication facilities on City-owned poles (light and traffic). The MLA includes mutually beneficial and agreed upon terms that are consistent with those provided to other wireless carriers that are subject to the City’s review and approval.  2017 Climate Action Plan (CAP): In 2017, the City adopted a new CAP that was developed through a “bottom up” approach by engaging the community, businesses and residents. The CAP has a 100% clean energy commitment by 2035. Because a ‘smart city’ is a ‘sustainable city’, there are a number of opportunities to use sensors and data analytic tools to track and manage progress on reducing greenhouse gases, reducing water waste. These include smart irrigation controllers, remote management of building systems, leak detection sensors, air pollution monitoring devices, and energy management tools.  Power Your Drive Program: In partnership with San Diego Gas & Electric through the Power Your Drive Program, the City has installed 123 electric vehicle charging stations citywide.  Smart waste management pilot: The City completed a smart waste management pilot project which used sensors on bus stop trash cans to track waste generation patterns and optimize collection.  Smart City Digital HQ website: In 2018, Chula Vista launched the Smart City Digital HQ website to showcase Chula Vista’s smart cities projects and initiatives.  Bloomberg Harvard City Leadership Initiative: In 2017, Chula Vista was selected as one of 40 cities from around the world to participate in the 2019 Bloomberg Harvard City Leadership Initiative. The prestigious year-long program offered leadership and management training to Mayors and senior officials to help foster professional growth and advance key capabilities within each city hall through the Harvard Kennedy School of Government.  San Diego Regional Smart Cities Collaborative: Chula Vista continues to play a leadership role in the San Diego Regional Smart Cities Collaborative, a multi-agency initiative involving the City of San Diego, Carlsbad, the Port of San Diego, the San Diego International Airport and SANDAG  SANDAG Regional Digital Divide Task Force: Chula Vista continues to play a leadership role in the SANDAG regional digital divide task force. Multiple key stakeholders from various cities, community- based organizations/non-profits and private sector participate in the task force meeting. The goal of the task force is to develop a Regional Digital Equity Strategy and Action Plan.  Since 2017, Chula Vista has been invited to participate in over 30 panels, conferences and webinars internationally and across the United States to share and discuss the City’s smart city initiatives and 2022/01/18 City Council Post Agenda Page 325 of 415 P a g e | 7 efforts. This includes knowledge sharing on partnership opportunities, regional collaboration, challenges and best-practices. Office of Communications  Marketing and Communications Plan: Chula Vista adopted it’s 2016 – 2019 Marketing and Communications Plan (The Plan). This Plan is designed to support the City’s strategic goals to enhance revenues, improve business and economic development, promote a positive City image, and attract people to live, work, invest and play in Chula Vista. Information Technology  Telecommunications Master Plan: The City of Chula Vista partnered with Magellan Advisors to create a city-wide telecommunications master plan. The City will reference this master plan when planning telecommunications and network buildout through the city over the next 5 to 10 years. This includes project prioritization and development of critical policy for the City around data concerns. The Telecommunications Master Plan was adopted by the City Council on October 6, 2020.  Network Upgrades: The City is currently implementing an entirely new core network which will allow significantly improved data transfer and security not only for current hardware/software platforms, but will be robust enough for any projects imagined over the next 10 years.  Chula Vista Map Gallery (GIS) and Open Data Portal: The City of Chula Vista maintains a modern, enterprise-wide GIS and Open Data Portal, including Web-based viewer applications, accessed and utilized by nearly all City departments. The GIS Group maintains or warehouses over 100 layers of data including streets, facilities, zoning, addresses and numerous layers of infrastructure. Citywide Open Data and Transparency:  In 2017, Chula Vista was selected as one of the 100 participating cities in the Bloomberg Philanthropies’ national What Work Cities initiative – one of the largest philanthropic efforts to enhance the use of data and evidence in the public sector. The focus was on the creation of an Open Data Governance Standards for Public Safety.  In 2018, the City Council adopted the Open Data Policy, which defines open data and sets broad policies for how the City will manage open data. The purpose of the Open Data Policy is to support transparency by increasing public access and engagement by making city data easily accessible so the public can better understand how their local government is performing. The policy provides a mechanism to protect the privacy, confidentiality and security of city data, where appropriate.  In 2019, Chula Vista established its first Data Governance Committee (DGC). The Data Governance Committee is a group of City employees responsible for overseeing the open data program. The Committee manages the City’s data inventory, prioritizes datasets for publication, and performs quality assurance to ensure all data is complete, up-to-date, and in compliance with all laws and policies related to privacy and security.  In 2020, Chula Vista adopted the first Digital Equity and Inclusion Plan in San Diego County. The Digital Equity and Inclusion Plan lays out a series of actions the City will take to ensure every Chula Vista resident has affordable access to high-speed internet, as well as the skills and devices needed to use it. The plan consists of three overarching goals, supported by eight distinct objectives and 37 strategic actions 2022/01/18 City Council Post Agenda Page 326 of 415 P a g e | 8 City staff is excited about the progress we continue to make and the impacts our smart cities efforts will have towards improving city operations and services, saving of tax payer’s dollars, improving public safety and promoting economic development by encouraging business growth and jobs in our city. Chula Vista continues to work with our regional partners, including the Port of San Diego, SDG&E, SANDAG, Caltrans, City of San Diego and Cleantech San Diego to identify opportunities for successful deployment of smart city technologies across our region. The City will continue to ensure that our smart city initiatives are sustained by long-term stakeholder engagement across our region. Citywide Technology Oversight Policy A key goal of Chula Vista’s Smart City Strategic Action Plan approved by Council in September 2017, is to continue efforts to become a more open and transparent City. In order to support this goal, the City has set an objective to maximize the use of data and analytics to improve city services and increase public access to city information. This also includes ensuring that all new technology, including public data and information collected is stored, managed and utilized in a secure, transparent and safe way. The development of a Citywide Technology Oversight Policy (Policy) is an effective way for the city to ensure the safe and effective use of new technologies and protect public data. The Policy will also help to advance the City Council priorities of improving the city’s policies for adoption of new technologies, public data management, security, and privacy. This effort will include the establishment of a City task force of key stakeholders to guide the development of the Policy. Background: As part the smart city efforts, Chula Vista continues to adopt new technologies to improve city services and operations. Similarly, the City also collects different kinds of information from the public in order to conduct City operations, provide the public with important services, and improve the efficiency and effectiveness of our operations. The City of Chula Vista places great importance in protecting the personal information we collect from the public. We are committed to providing greater transparency as we adopt new technologies. As part of our deeper commitment to good data practices and data stewardship, the City will be developing a Citywide Technology Oversight Policy (Policy) to serve as a guide for all City departments. This Policy will apply to the adoption of any new city technology. It will also apply to the collection, use, disclosure, sharing and retention of all forms of data, digital information (including video), and personal information we obtain from individuals interacting with City departments. The Policy will outline guidelines for adopting new technology within the City of Chula Vista. The Policy will also outline how data monitoring should be conducted to ensure organizational data is accurate, accessible, consistent and protected. The Policy will establish who is responsible for information by department, discipline and type of data and will specify procedures to be used to manage it. As part of this effort, the city will establish a task force of diverse key stakeholders to guide the development of the Policy. Why is important for Chula Vista to adopt a Citywide Technology Oversight Policy? The Citywide Technology Oversight Policy will:  Establish guidelines and standards to effectively protect the confidentiality, integrity, and availability of City of Chula Vista data, digital information and technology systems  Increase public trust and confidence by making City data management policies and processes more transparent and easily accessible to City residents so they can better understand what the city is doing to protect their data.  Establish a City Task Force of diverse stakeholders focused on technology privacy and innovation that will help educate the public and guide the technology policy implementation for the City of Chula Vista 2022/01/18 City Council Post Agenda Page 327 of 415 P a g e | 9  Improving the dialogue between City residents and the City by allowing for a better understanding of data collection, data use and management services the City provides, while at the same time gathering input on what matters most to Chula Vista residents. This will be a key role of the stakeholder task force  Develop effective measures to protect the City of Chula Vista and its clients from illicit use of City of Chula Vista technology systems and related data. This includes soliciting input from experts and key stakeholders about the necessary “checks & balances” before adoption of any new technologies. City staff research qualified firms to assist with the development of a Citywide Technology Oversight Policy. Staff is recommending the city engage Madaffer Enterprises (Madaffer) on a “sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.090.B.3, to assist with this next phase of Chula Vista’s smart city efforts. Madaffer is uniquely qualified based on their extensive history and background working with the City of Chula Vista on our smart cities efforts. Madaffer provided comprehensive services in three earlier phases of the Smart City Strategic Action Plan, includin leading the development and adoption of the 2017 Smart Cities Strategic Action Plan. This unique qualification will enable Madaffer to ‘hit the ground running’ and immediately begin establishing a task force, facilitate the work of the task force, and communicate the work of the task force to the public. Summary Project Scope and Deliverables: Madaffer Enterprises will provide support services to establish a City task force on technology privacy and innovation and work with the task force to lead the development of a Citywide Technology Oversight Policy for the City of Chula Vista. Madaffer Enterprises will also facilitate the task force’s ongoing work to review and make recommendations on the City’s current and planned uses of new technologies. Madaffer Enterprises will provide the following services to the City of Chula Vista. 1. Assist in the establishment of a task force on technology and innovation.  Research and provide a summary report on similar task forces or committees in other cities, highlighting similarities and differences on the formats and duties of these committees.  Coordinate with a public opinion research consultant to conduct scientific, non-biased public opinion polling and focus groups as needed to gather input from Chula Vista residents regarding technology privacy and innovation and potential privacy guidelines.  Conduct a round of consultations with department heads or managers to understand existing or planned technologies or policies that may be within the scope of the task force.  In consultation with City staff, draft and refine a recommended statement of the purpose and duties of the task force.  Develop marketing materials to assist in promoting the task force and recruiting applicants, including up to one flyer, three unique social media posts, and announcement text for placement in City newsletters.  Coordinate with City staff to assist in the outreach, recruitment, and onboarding of task force members. Assistance may include researching and identifying potential members, drafting formal invitation letters, and participating in phone calls, meetings, and email exchanges with potential members. 2. Facilitate the work of the task force on technology and innovation.  Prepare recommended agendas for task force meetings and coordinate with guest speakers or presenters.  Attend all meetings of the task force, and when requested by staff or task force members, contribute to task force discussions.  Conduct background research and information-gathering in response to questions generated at task force meetings. 2022/01/18 City Council Post Agenda Page 328 of 415 P a g e | 10  Take detailed notes and produce a written summary of each task force meeting and provide the summary to staff within 10 days of the meeting.  In consultation with City staff, research and prepare three presentations to educate task force members and the public on important and current issues related to privacy, government technology, bias, surveillance, digital equity, cybersecurity, and the connections to existing City policies and strategic plans.  Organize and lead a series of smaller focus groups, workshops, and interviews with community-based organizations, privacy experts, academics, and City staff.  Document the results of outreach activities in a summary report shared with the task force.  Develop a draft of a technology policy for review, discussion, and direction by the task force. The policy document should be five to seven pages with detailed guidance for City staff on privacy and oversight for new and existing technologies.  Make revisions to the draft as directed by the task force and present a final draft copy for review and discussion by the City Council.  Make revisions to the draft as directed by City Council, if needed, and present a final draft copy for adoption by City Council. 3. Assist in communicating the work of the task force to the public.  Collaborate with the Office of Communications to produce at least one update every two months while the task force is active. At the discretion of the Office of Communications, these updates may be in the form of social media posts, content for the City’s newsletter, short video clips (less than two minutes), or other formats as requested by staff.  Once the task force has finalized its draft policy, develop materials to communicate the policy to a broad audience. This will include a message platform with key points and a new page to be added to the City’s website 4. Project management and coordination.  Participate in weekly calls with the Chief Sustainability Officer to review progress and discuss upcoming needs.  Participate in the monthly Smart Cities Working Group meetings with department directors to share progress reports and solicit input from senior City staff. City staff is recommending Council to adopt a resolution approving an agreement with Madaffer Enterprises to provide consulting services support to the City of Chula Vista for the development of a Citywide Technology and Privacy Oversight Policy. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The total costs for this project will not exceed $130,000 ONGOING FISCAL IMPACT 2022/01/18 City Council Post Agenda Page 329 of 415 P a g e | 11 Because this is a policy, its adoption will not have a direct fiscal impact. It is anticipated that when individual implementation strategies or related projects are further developed and presented to City Council for consideration, any specific positive or negative fiscal impacts will be identified. ATTACHMENTS 1. Madaffer Agreement Staff Contact: Dennis Gakunga, Chief Sustainability Officer, Economic Development Department Ed Chew, Information Technology Director 2022/01/18 City Council Post Agenda Page 330 of 415 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MADAFFER ENTERPRISES TO PROVIDE CONSULTING SERVICES TO THE CITY OF CHULAVISTA FOR THE DEVELOPMENT OF A CITYWIDE TECHNOLOGY OVERSIGHT POLICY WHEREAS, the City of Chula Vista adopted a Smart City Strategic Action Plan in September 2017 establishing itself as a leader in the growing “smart city” movement, earning recognition locally, nationally and internationally for its innovative planned approach to using technology to create a more efficient and effective government; and WHEREAS, City staff has been working with department heads and key stakeholders on progress towards implementation of the various initiatives since the adoption the Action Plan; and WHEREAS, the City of Chula Vista continues to leverage innovative technology and data tools to better serve and engage citizens, enhance sustainability, improve public safety and promote local economic development; and WHEREAS, the City of Chula Vista collects different kinds of information from the public in order to conduct City operations, provide the public with important services, and improve the efficiency and effectiveness of its operations; and WHEREAS, the City of Chula Vista will be developing a Citywide Technology Oversight Policy to ensure organizational data is accurate, accessible, consistent and protected; and WHEREAS, the Citywide Technology Oversight Policy will apply to the collection, use, disclosure, sharing and retention of all forms of data, digital information (including video), and personal information that obtained from individuals interacting with City departments; and WHEREAS, the City staff recommends that the City to engage Madaffer Enterprises to assist with the development of the Citywide Technology Oversight Policy because of their extensive history working with the City of Chula Vista on smart cities initiatives and programs, including leading the development and adoption of the 2017 Smart Cities Strategic Action Plan; and WHEREAS, the total costs for development of the Citywide Technology Oversight Policy are not expected to exceed $130,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an agreement with Madaffer Enterprises to provide consulting services to the City of Chula Vista for the development of a Citywide Technology Oversight Policy. 2022/01/18 City Council Post Agenda Page 331 of 415 Presented by Approved as to form by Dennis Gakunga Glen R. Googins Chief Sustainability Officer City Attorney 2022/01/18 City Council Post Agenda Page 332 of 415 1 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH MADAFFER ENTERPRISES, INC. TO PROVIDE TECHNOLOGY AND INNOVATION TASK FORCE FACILITATION SERVICES This Agreement is entered into effective as of November 17, 2021 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Madaffer Enterprises, Inc., A California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires support to establish, facilitate, and communicate the work of a task force on technology and innovation to develop policy recommendations for technology privacy and oversight; and WHEREAS, In order to procure these services, Consultant was chosen based on Consultant’s unique qualifications having provided comprehensive services in three earlier phases of the Smart City Strategic Action Plan, enabling Consultant to immediately begin establishing a task force, facilitating the work of the task force to develop a technology policy, and communicating the work of the task force to the public; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.090.B.3; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/01/18 City Council Post Agenda Page 333 of 415 2 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/01/18 City Council Post Agenda Page 334 of 415 3 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/01/18 City Council Post Agenda Page 335 of 415 4 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/01/18 City Council Post Agenda Page 336 of 415 5 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 2022/01/18 City Council Post Agenda Page 337 of 415 6 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/01/18 City Council Post Agenda Page 338 of 415 7 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/01/18 City Council Post Agenda Page 339 of 415 8 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/01/18 City Council Post Agenda Page 340 of 415 9 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 2022/01/18 City Council Post Agenda Page 341 of 415 10 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. MADAFFER ENTERPRISES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JIM MADAFFER MARIA KACHADOORIAN CEO, MADAFFER ENTERPRISES, INC. CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/01/18 City Council Post Agenda Page 342 of 415 11 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Dennis Gakunga 276 Fourth Avenue, Chula Vista, CA 91910 619-476-5355 dgakunga@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: MADAFFER ENTERPRISES, INC. 1620 5th Avenue, Suite 400, San Diego, CA 92101 858-627-0727 jeremy@madaffer.com For Legal Notice Copy to: Jim Madaffer 1620 5th Avenue, Suite 400, San Diego CA 92101 858-627-0727 jim@madaffer.com 2. Required Services A. General Description: As part of a new phase in its smart city engagement with the City of Chula Vista, Madaffer Enterprises will provide consulting and support services to establish a City task force on technology privacy and innovation and work with the task force to lead the development of a Citywide technology oversight policy for the City of Chula Vista. Madaffer Enterprises will also facilitate the task force’s ongoing work to review and make recommendations on the City’s current and planned uses of new technologies. B. Detailed Description: Madaffer Enterprises will provide the following services to the City of Chula Vista. 1. Assist in the establishment of a task force on technology and innovation. a. Research and provide a summary report on similar task forces or committees in other cities, highlighting similarities and differences on the formats and duties of these committees. 2022/01/18 City Council Post Agenda Page 343 of 415 12 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 b. Coordinate with a public opinion research consultant to conduct scientific, non-biased public opinion polling and focus groups as needed to gather input from Chula Vista residents regarding technology privacy and innovation and potential privacy guidelines. c. Conduct a round of consultations with department heads or managers to understand existing or planned technologies or policies that may be within the scope of the task force. d. In consultation with City staff, draft and refine a recommended statement of the purpose and duties of the task force. e. Develop marketing materials to assist in promoting the task force and recruiting applicants, including up to one flyer, three unique social media posts, and announcement text for placement in City newsletters. f. Coordinate with City staff to assist in the outreach, recruitment, and onboarding of task force members. Assistance may include researching and identifying potential members, drafting formal invitation letters, and participating in phone calls, meetings, and email exchanges with potential members. 2. Facilitate the work of the task force on technology and innovation. a. Prepare recommended agendas for task force meetings and coordinate with guest speakers or presenters. b. Attend all meetings of the task force, and when requested by staff or task force members, contribute to task force discussions. c. Conduct background research and information-gathering in response to questions generated at task force meetings. d. Take detailed notes and produce a written summary of each task force meeting and provide the summary to staff within 10 days of the meeting. e. In consultation with City staff, research and prepare three presentations to educate task force members and the public on important and current issues related to privacy, government technology, bias, surveillance, digital equity, cybersecurity, and the connections to existing City policies and strategic plans. f. Organize and lead a series of smaller focus groups, workshops, and interviews with community- based organizations, privacy experts, academics, and City staff. g. Document the results of outreach activities in 3.b. in a summary report shared with the task force. h. Develop a draft of a technology policy for review, discussion, and direction by the task force. The policy document should be five to seven pages with detailed guidance for City staff on privacy and oversight for new and existing technologies. i. Make revisions to the draft as directed by the task force and present a final draft copy for review and discussion by the City Council. j. Make revisions to the draft as directed by City Council, if needed, and present a final draft copy for adoption by City Council. 3. Assist in communicating the work of the task force to the public. a. Collaborate with the Office of Communications to produce at least one update every two months while the task force is active. At the discretion of the Office of Communications, these updates may be in the form of social media posts, content for the City’s newsletter, short video clips (less than two minutes), or other formats as requested by staff. b. Once the task force has finalized its draft policy, develop materials to communicate the policy to a broad audience. Materials will include: i. Message platform with key points ii. A new page to be added to the City’s website iii. Up to two social media posts 2022/01/18 City Council Post Agenda Page 344 of 415 13 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 iv. A 200-word summary for the City newsletter v. A draft news release to coincide with City Council consideration of the policy vi. Set of at least seven presentation slides and accompanying presentation notes that can be used by staff in a variety of contexts 4. Project management and coordination. a. Participate in weekly calls with the Chief Sustainability Officer to review progress and discuss upcoming needs. b. Participate in the monthly Smart Cities Working Group meetings with department directors to share progress reports and solicit input from senior City staff. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November 17, 2021 and end on December 17, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ For completion of the deliverables, as identified in Section 2.B., herein, City shall pay a monthly retainer of $10,000 per calendar month for a 13-month period. B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 17, 2022 shall not exceed $130,000. 5. Special Provisions: ☒ Permitted Sub-Consultants: None ☒ Security for Performance: None ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for additional terms, defined as a one-year increment or . The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to $ for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. ☒ None 2022/01/18 City Council Post Agenda Page 345 of 415 14 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/01/18 City Council Post Agenda Page 346 of 415 15 City of Chula Vista Agreement No.: XXXXX Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Dennis Gakunga 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/01/18 City Council Post Agenda Page 347 of 415 ADD TITLE CHULA VISTA, CALIFORNIA Citywide Technology Oversight Policy & Smart Cities Update January 18,20222022/01/18 City Council Post Agenda Page 348 of 415 Background •Chula Vista Smart Cities goals: •Be more connected •Be more responsive •Be more open & transparent •Become more innovative 2 2022/01/18 City Council Post Agenda Page 349 of 415 We’ve made good progress 32022/01/18 City Council Post Agenda Page 350 of 415 Traffic & Engineering •Fiber network connectivity/Completed installation of a new fiber optic system 42022/01/18 City Council Post Agenda Page 351 of 415 Department projects 2022/01/18 City Council Post Agenda Page 352 of 415 Public Safety •CV Police Dept. Transparency & Accountability Portal •Real-Time Operations Center & Smart phones 2022/01/18 City Council Post Agenda Page 353 of 415 Information Technology •Installation of an entirely new core network improving data transfer & security •Chula Vista Map Gallery (GIS) & Open Data Portal 7 2022/01/18 City Council Post Agenda Page 354 of 415 Citywide Open Data & Transparency •Open Data Standards -2017, Chula Vista participated in the (WWC) What Work Cities initiative •Open Data Policy -2018, Council adopted its first ever Open Data policy •Data Governance -2019, Chula Vista established its first Data Governance Committee (DGC) •Digital Equity and Inclusion Plan (DEIP) -2020, Council adopted the first DEIP in SD County 8 2022/01/18 City Council Post Agenda Page 355 of 415 Collaboration & Partnerships •San Diego Regional Smart Cities Collaborative: Multi-agency initiative City of San Diego, Carlsbad, Port, Airport Authority & SANDAG •SANDAG Regional Digital Divide Task Force: The goal is to develop a Regional Digital Equity Strategy and Action Plan •Bloomberg Harvard City Leadership Initiative (BHCLI) : Chula Vista selected as one of 40 cities from around the world to participate in the 2019 BHCLI program 9 2022/01/18 City Council Post Agenda Page 356 of 415 ADD TITLE CHULA VISTA, CALIFORNIA Developing the Citywide Technology Oversight Policy 2022/01/18 City Council Post Agenda Page 357 of 415 Background •2017 •Smart City Strategic Action Plan •2018 •Open Data Policy •Smart city marketing and communications •2019 -2020 •Traffic Signals Communications Master Plan •Citywide Telecommunications Master Plan •Data Governance Committee and Data Governance Standards •Digital Equity and Inclusion Plan •2021 -2022 •Refining technology privacy and oversight policies 112022/01/18 City Council Post Agenda Page 358 of 415 Technology & Privacy Oversight Policy I.Public opinion research II.Establish community task force III.Education, outreach, and deliberation IV.Draft technology and privacy oversight policy V.City Council review and approval 122022/01/18 City Council Post Agenda Page 359 of 415 Public Opinion Research •Scientifically valid public opinion poll and focus groups •Develop a clear understanding of residents’ opinions on: •City’s use of technology to support City operations•Newer technologies in public safety •City’s commitment to privacy •Understand differences of opinion among segments of the population•Potential variables: age, comfort level with technology, neighborhood, length of residency, etc. 132022/01/18 City Council Post Agenda Page 360 of 415 Establish the task force •Purpose: Develop a recommended policy on technology, privacy, and acceptable use for adoption by the City Council •Members: •Chula Vista residents •Privacy advocates •Technology experts •Public safety experts •Meets six to eight times over 2022 142022/01/18 City Council Post Agenda Page 361 of 415 Education, outreach and deliberation •Presentations, workshops, interviews, informal focus groups with: •Community-based organizations •Nonprofit advocacy organizations •City staff •Educational presentations for task force members with guest speakers •Developing communications materials (flyers, social media) for the general public 152022/01/18 City Council Post Agenda Page 362 of 415 Developing the policy •Five-to seven-page document •Developed and refined over several task force meetings •Provide detailed guidance to City decisionmakers on privacy considerations and oversight of new technologies •Presented to City Council for review and approval in Fall 2022 162022/01/18 City Council Post Agenda Page 363 of 415 Timeline 17 January –February 2022 Task force recruitment, public opinion research, background preparation March 2022 First task force meeting April –August 2022 Regular task force meetings and community outreach September 2022 Final task force meeting October 2022 Internal city staff review of recommended policy November 2022 Presentation of recommended policy to City Council 2022/01/18 City Council Post Agenda Page 364 of 415 1 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH MADAFFER ENTERPRISES, INC. TO PROVIDE TECHNOLOGY AND INNOVATION TASK FORCE FACILITATION SERVICES This Agreement is entered into effective as of January 18, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Madaffer Enterprises, Inc., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires support to establish, facilitate, and communicate the work of a task force on technology and innovation to develop policy recommendations for technology privacy and oversight; and WHEREAS, In order to procure these services, Consultant was chosen based on Consultant’s unique qualifications having provided comprehensive services in three earlier phases of the Smart City Strategic Action Plan, enabling Consultant to immediately begin establishing a task force, facilitating the work of the task force to develop a technology policy, and communicating the work of the task force to the public; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.090.B.3; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/01/18 City Council Post Agenda Page 365 of 415 2 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/01/18 City Council Post Agenda Page 366 of 415 3 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/01/18 City Council Post Agenda Page 367 of 415 4 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/01/18 City Council Post Agenda Page 368 of 415 5 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 2022/01/18 City Council Post Agenda Page 369 of 415 6 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/01/18 City Council Post Agenda Page 370 of 415 7 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 2022/01/18 City Council Post Agenda Page 371 of 415 8 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 2022/01/18 City Council Post Agenda Page 372 of 415 9 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 2022/01/18 City Council Post Agenda Page 373 of 415 10 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. MADAFFER ENTERPRISES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JIM MADAFFER MARIA KACHADOORIAN CEO, MADAFFER ENTERPRISES, INC. CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2022/01/18 City Council Post Agenda Page 374 of 415 11 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Dennis Gakunga 276 Fourth Avenue, Chula Vista, CA 91910 619-476-5355 dgakunga@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: MADAFFER ENTERPRISES, INC. 1620 5th Avenue, Suite 400, San Diego, CA 92101 858-627-0727 jeremy@madaffer.com For Legal Notice Copy to: Jim Madaffer 1620 5th Avenue, Suite 400, San Diego CA 92101 858-627-0727 jim@madaffer.com 2. Required Services A. General Description: As part of a new phase in its smart city engagement with the City of Chula Vista, Madaffer Enterprises will provide consulting and support services to establish a City task force on technology privacy and innovation and work with the task force to lead the development of a technology policy for the City of Chula Vista. Madaffer Enterprises will also facilitate the task force’s ongoing work to review and make recommendations on the City’s current and planned uses of new technologies. B. Detailed Description: Madaffer Enterprises will provide the following services to the City of Chula Vista. 1. Assist in the establishment of a task force on technology and innovation. a. Research and provide a summary report within 30 days of the effective date of this Agreement on similar task forces or committees in other cities, highlighting similarities and differences on the formats and duties of these committees. 2022/01/18 City Council Post Agenda Page 375 of 415 12 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 b. Coordinate with a public opinion research consultant to conduct scientific, non-biased public opinion polling to gather input from Chula Vista residents regarding technology privacy and innovation and potential privacy guidelines. c. Conduct four focus groups with a total of approximately 32 participants. Participants will be randomly selected and recruited in consultation with a professional public opinion research firm. Develop discussion guides for the focus groups based on the survey findings in consultation with City staff. Provide a full report of the proceedings by March 31, 2022. d. Conduct a series of individual or small group interviews with department heads or managers to understand existing or planned technologies or policies that may be within the scope of the task force. e. In consultation with City staff, draft and refine a recommended statement of the purpose and duties of the task force by March 31, 2022. f. Develop marketing materials to assist in promoting the task force and recruiting applicants, including up to one flyer, three unique social media posts, and announcement text for placement in City newsletters by February 28, 2022. g. Coordinate with City staff to assist in the outreach, recruitment, and onboarding of task force members. Assistance may include researching and identifying potential members, drafting formal invitation letters, and participating in phone calls, meetings, and email exchanges with potential members. 2. Facilitate the work of the task force on technology and innovation. a. Prepare recommended agendas for task force meetings and coordinate with guest speakers or presenters. b. Attend all meetings of the task force (minimum seven meetings), and when requested by staff or task force members, contribute to task force discussions. c. Conduct background research and information-gathering in response to questions generated at task force meetings. d. Take detailed notes and produce a written summary of each task force meeting and provide the summary to staff within 10 days of the meeting. e. In consultation with City staff, research and prepare three presentations to educate task force members and the public on important and current issues related to privacy, government technology, bias, surveillance, digital equity, cybersecurity, and the connections to existing City policies and strategic plans. f. Organize and lead a series of smaller focus groups, workshops, and interviews with community- based organizations, privacy experts, academics, and City staff. g. Document the results of outreach activities in 2.f.. in a summary report shared with the task force. h. Develop a draft of a technology policy for review, discussion, and direction by the task force. The policy document should be five to seven pages with detailed guidance for City staff on privacy and oversight for new and existing technologies. i. Make revisions to the draft as directed by the task force and present a final draft copy for review and discussion by the City Council. j. Make revisions to the draft as directed by City Council, if needed, and present a final draft copy for adoption by City Council. 3. Assist in communicating the work of the task force to the public. a. Collaborate with the Office of Communications to produce at least one update every two months while the task force is active. At the discretion of the Office of Communications, these updates may be in the form of social media posts, content for the City’s newsletter, short video clips (less than two minutes), or other formats as requested by staff. 2022/01/18 City Council Post Agenda Page 376 of 415 13 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 b. Once the task force has finalized its draft policy, develop materials to communicate the policy to a broad audience. Materials will include: i. Message platform with key points ii. A new page to be added to the City’s website iii. Up to two social media posts iv. A 200-word summary for the City newsletter v. A draft news release to coincide with City Council consideration of the policy vi. Set of at least seven presentation slides and accompanying presentation notes that can be used by staff in a variety of contexts 4. Project management and coordination. a. Participate in weekly calls with the Chief Sustainability Officer to review progress and discuss upcoming needs. b. Participate in the monthly Smart Cities Working Group meetings with department directors to share progress reports and solicit input from senior City staff. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 19, 2022 and end on December 19, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ For completion of the deliverables, as identified in Section 2.B., herein, City shall pay specified amounts for each contract milestone as provided in Exhibit D. B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 19, 2022 shall not exceed $165,000. 5. Special Provisions: ☒ Permitted Sub-Consultants: Competitive Edge Research & Communication ☒ Security for Performance: None 2022/01/18 City Council Post Agenda Page 377 of 415 14 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/01/18 City Council Post Agenda Page 378 of 415 15 City of Chula Vista Agreement No.: 2021-121 Consultant Name: Madaffer Enterprises, Inc. Rev. 10/24/17 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Dennis Gakunga 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2022/01/18 City Council Post Agenda Page 379 of 415 Corresponding contract task number (per Section 2B) Contract milestone - short description Billable amount Approx. billing date Month 1 milestones $25,000 January 31, 2022 1a.Completion of summary report on similar task forces 1b.Initiation of coordination with polling consultant 1c.Initiation of focus groups Month 2 milestones $35,000 February 28, 2022 1b.Completion of coordination with polling consultant 1c.Partial completion of focus groups 1e.Completion of recommended statement of purpose 1f.Completion of marketing materials Month 3 milestones $20,000 March 31, 2022 1c.Completion of report of focus group proceedings 1g.Completion of task force recruitment/onboarding 2d.Completion of first task force meeting summary Month 4 milestones $10,000 April 30, 2022 2f.Initiation of community outreach activities 2d.Completion of second task force meeting summary 3a.Completion of first public update Month 5 milestones $10,000 May 31, 2022 2d.Completion of third task force meeting summary 2g.Completion of report of community outreach findings Month 6 milestones $7,500 June 30, 2022 2d.Completion of fourth task force meeting summary 3a.Completion of second public update Month 7 milestones $10,000 July 31, 2022 2d.Completion of fifth task force meeting summary 2h.Completion of initial draft policy document Month 8 milestones $7,500 August 31, 2022 2d.Completion of sixth task force meeting summary 3a.Completion of third public update Month 9 milestones $5,000 September 30, 2022 2d.Completion of seventh task force meeting summary EXHIBIT D - CONTRACT MILESTONES 2022/01/18 City Council Post Agenda Page 380 of 415 Month 10 milestones $8,500 October 31, 2022 3a.Completion of fourth public update 2i.Completion of final draft policy document Month 11 milestones $10,000 November 30, 2022 3b.Completion of policy communication materials Month 12 milestones $16,500 December 19, 2022 (all)Final close-out contingent on completion of all tasks TOTAL $165,000 2022/01/18 City Council Post Agenda Page 381 of 415 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MADAFFER ENTERPRISES PROVIDE TECHNOLOGY AND INNOVATION TASK FORCE FACILITATION SERVICES WHEREAS, the City of Chula Vista adopted a Smart City Strategic Action Plan “Action Plan” in September 2017 establishing itself as a leader in the growing “smart city” movement, earning recognition locally, nationally and internationally for its innovative planned approach to using technology to create a more efficient and effective government; and WHEREAS, the City of Chula Vista continues to leverage innovative technology and data tools to better serve and engage citizens, enhance sustainability, improve public safety and promote local economic development; and WHEREAS, the City of Chula Vista has been working with city departments and regional stakeholders on implementation of various citywide technology solutions and initiatives since the adoption the Action Plan; and WHEREAS, the City of Chula Vista collects different kinds of information from the public in order to conduct City operations, provide the public with important services, and improve the efficiency and effectiveness of city operations and services; and WHEREAS, in an effort to ensure that any existing and future citywide technology, including data collection tools are protected and adhere to data & privacy protection industry best practices and guidelines, as well as all a local, state, and federal requirements and applicable laws, the City of Chula Vista will be developing a Citywide Technology Oversight Policy; and WHEREAS, the Citywide Technology Oversight Policy will apply to all existing and future citywide technology and data collection tools, including the collection, use, disclosure, sharing and retention of all forms of data, digital information (including video), and personal information obtained by the City of Chula Vista; and WHEREAS, as part of the development of the Citywide Technology Oversight Policy, the City of Chula Vista will establish and facilitate a task force on technology and innovation to develop policy recommendations for technology privacy and oversight; and WHEREAS, as part of the development of the Citywide Technology Oversight Policy, the City of Chula Vista will conduct scientific, non-biased public focus groups to gather important input from Chula Vista residents regarding citywide technology, innovation, and potential privacy guidelines; and WHEREAS, City staff recommends that the City engage Madaffer Enterprises to provide consulting services to the City of Chula Vista for the development of a Citywide Technology Oversight Policy because of their extensive history working with regional stakeholders, as well as 2022/01/18 City Council Post Agenda Page 382 of 415 Resolution No. 2021- Page 2 with the City of Chula Vista on the development of the 2017 Smart Cities Strategic Action Plan, and related technology implementation efforts; and WHEREAS, Madaffer Enterprises was chosen based on their unique qualifications having provided comprehensive services in three earlier phases of the Smart City Strategic Action Plan, enabling them to immediately begin establishing a task force, facilitating the work of the task force to develop a technology policy, and communicating the work of the task force to the public; on this basis, staff recommends that the Consultant be awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.090.B.3; and WHEREAS, there is no fiscal impact to the General Fund and costs will be funded out of the existing Supplies and Services budget in Non-Departmental; and WHEREAS, the total costs for development of the Citywide Technology Oversight Policy are not expected to exceed $ 165,000; and WHEREAS the anticipated benefits from the development of a Citywide Technology Oversight Policy include maximizing taxpayer dollars through increased efficiency of city operations, more reliable, secure and safe city networks and data management, enhanced oversight of citywide technology systems, and improved accountability, transparency and increased public trust. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the City of Chula Vista Consultant Services Agreement with Madaffer Enterprises, Inc. to Provide Technology and Innovation Task Force Facilitation Services, in the form presented, with such modifications as required or approved by the City Attorney, directs the City Manager or designee to execute the agreement, and directs that the executed agreement be kept on file in the Office of the City Clerk. Presented by: Approved as to form by: Dennis Gakunga Glen R. Googins Chief Sustainability Officer City Attorney 2022/01/18 City Council Post Agenda Page 383 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Measure P Citizens’ Oversight Committee: Amend the Municipal Code to Change the Number of Committee Members from 16 to 9 Report Number: 21-0199 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Place an ordinance on first reading amending Municipal Code chapter 2.61 regarding the Measure P Citizens Oversight Committee to change the number of committee members from 16 to 9. (First Reading) SUMMARY This proposed ordinance amends provisions of CVMC Chapter 2.61 to reduce the size and composition of the Committee per City Council referral. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines; therefore, pursuant to Section 15060(c)3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. 2022/01/18 City Council Post Agenda Page 384 of 415 P a g e | 2 DISCUSSION On August 10, 2021, City Council made a referral to staff to consider a reduction in the number of representatives to the Measure P Citizens’ Oversight Committee. Existing COC The current committee is made up of 16 members from the following groups: One Chula Vista Chamber of Commerce representative One San Diego County Taxpayers Association representative One Chula Vista Youth Sports Council representative One Chula Vista Parks and Recreation Commission representative One Chula Vista Growth Management Oversight Commission representative One Sustainability Commission representative One Chula Vista Director of Public Works representative One San Diego and Imperial Counties Labor Council representative One Alliance of Californians for Community Empowerment, San Diego branch representative One Chula Vista Fire Chief representative One Chula Vista Police Chief representative One at large member may be a resident of any one of the four Council districts Four at large members – one resident from each Council district The committee currently has 8 vacancies from the following: At Large Member  District 4 Representative (vacant) Designated Members  Chula Vista Chamber of Commerce (vacant)  San Diego County Taxpayers Association (vacant)  Chula Vista Youth Sports Council (vacant)  Sustainability Commission (vacant)  Chula Vista Director of Public Works (vacant)  San Diego and Imperial Counties Labor Council (vacant)  Chula Vista Fire Chief (vacant)  Chula Vista Police Chief (vacant) 2022/01/18 City Council Post Agenda Page 385 of 415 P a g e | 3 Staff Recommendation Chula Vista Municipal Code (CVMC) Section 3.33.140 authorizes the City Council to amend CVMC Chapter 3.33 (Chula Vista Temporary $0.005 Sales Tax) to make changes that do not involve increasing the tax rate, calculating the tax, imposing the tax on new transactions, or extending the term of the tax. Staff recommends that the City Council approve such an authorized amendment to Chapter 3.33 to reduce the Measure P Oversight Committee representatives from 16 to 9, with 5 members consisting of one at large member from any one of the four Council districts and 4 at large members from each Council district. The remaining 4 designated members would be selected as vacancies occur from nominations submitted from the remaining public groups outlined in CVMC Section 2.61.050(C) in accordance with the designated member appointment process specified in CVMC Section 2.61.050(D). The staff designated members (Public Works Director, Police Chief, and Fire Chief) would be deleted from the code leaving the following 8 groups eligible to submit nominations for vacancies that occur in the 4 designated member representatives in the future. Chula Vista Chamber of Commerce San Diego County Taxpayers Association Chula Vista Youth Sports Council Chula Vista Parks and Recreation Commission Chula Vista Growth Management Oversight Commission Sustainability Commission San Diego and Imperial Counties Labor Council Alliance of Californians for Community Empowerment, San Diego branch By making this suggested change, if all groups submitted a nomination to fill a vacancy, more candidates than the available vacant positions could occur. This would allow the City, through the appointment process specified in CVMC Section 2.61.050(D), the ability to select a candidate to fill a vacancy based upon their background and experience with public works and considering the current backgrounds and experience makeup of the existing Measure P members. Attached is a draft ordinance amendment to CVMC Chapter 2.61 “Measure P” Citizens’ Oversight Committee for City Council’s consideration. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Councilmember of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The subject amendments to CVMC Chapter 2.61 result in no current year fiscal impact to the City. ONGOING FISCAL IMPACT 2022/01/18 City Council Post Agenda Page 386 of 415 P a g e | 4 The subject amendments to CVMC Chapter 2.61 do not impact ongoing costs of administration of the Measure P Oversight Committee. ATTACHMENTS None Staff Contact: Kelly Broughton 2022/01/18 City Council Post Agenda Page 387 of 415 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE (CVMC) CHAPTER 2.61 TO CHANGE THE NUMBER OF “MEASURE P” CITIZENS’ OVERSIGHT COMMITTEE MEMBERS FROM 16 TO 9 WHEREAS, on November 8, 2016, the City of Chula Vista submitted to the voters a measure to approve an ordinance enacting a one-half cent sales tax, for 10 years, including provisions for citizens' oversight, separate accounting, and independent audits ("Measure P”); and WHEREAS, the voters approved the passage of Measure P, thereby adopting Ordinance No. 3371 ("Ordinance 3371"), which enacted the sales tax and required the implementation of the oversight, accounting, and audit provisions; and WHEREAS, Ordinance 3371 specifically required the establishment of a Citizens' Oversight Committee ("COC"), by ordinance, no later than December 31, 2016; and WHEREAS, Ordinance 3371 provided that the COC would function to review and report on City compliance with the terms of Ordinance 3371 as follows: (i) public review and comment on each year's Finance Department Report, Measure P Spending Plan, and Auditor Report;(ii) preparation of an annual report regarding same for presentation to the City Council at a public meeting; and (iii) working with City staff to identify and apply "best practices" for tracking and reporting on Measure P revenues and expenditures relative to other City revenues and expenditures; and WHEREAS, Ordinance 3371 also set forth the following requirements for the COC members: (i) current elected City officials and employees are disqualified from membership; (ii) the members are to be appointed by the City Council in accordance with existing City policies and will include individuals with a range of expertise, including accounting, finance, and engineering; and (iii) they shall conduct the meetings in accordance with the Ralph M. Brown Act; and WHEREAS, in accordance with Measure P and Ordinance 3371 (codified as Chula Vista Municipal Code (CVMC) Chapter 3.33), City Council adopted Ordinance 3394 adding Chapter 2.61 to the CVMC, establishing rules and procedures for the Citizens' Oversight Committee; and WHEREAS, City Council directed staff to consider a proposal to reduce the number of COC representatives to help streamline the committee, improve the ability to secure committee nominations, and to maintain qualified public participants; and WHEREAS, CVMC Section 3.33.140 authorizes the City Council to amend CVMC Chapter 3.33 (Chula Vista Temporary $0.005 Sales Tax) to make changes that do not involve increasing the tax rate, calculating the tax, imposing the tax on new transactions, or extending the term of the tax. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Chapter 2.61, Section 2.61.050 is hereby amended to read as follows: 2022/01/18 City Council Post Agenda Page 388 of 415 Ordinance Page 2 2.61.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of 9 members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC members must be qualified electors at the time they apply and must maintain such status throughout their tenure. No COC member may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)). C. Designated Members. Four of the total 9 COC members shall be nominated, apply, and serve as “Designated Members.” Designated Members shall be nominated, one each, by the following nominating authorities (each a “Nominating Authority”, collectively the “Nominating Authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 3. Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council Board Member; 4. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission; 5. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission; 6. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission; 7. San Diego and Imperial Counties Labor Council; 8. Alliance of Californians for Community Empowerment, San Diego branch; 2022/01/18 City Council Post Agenda Page 389 of 415 Ordinance Page 3 D. Designated Member Appointment Process. Designated members shall be appointed in accordance with the designated member appointment process identified below. 1. When a vacancy occurs, Designated Members shall be selected for nomination by the Nominating Authorities specified in CVMC section 2.61.050.C that do not have a Designated Member appointed to the COC (each an “Unrepresented Nominating Authority”; collectively the “Unrepresented Nominating Authorities”) at the time the vacancy occurs. If any of the Unrepresented Nominating Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council. 2. Unrepresented Nominating Authorities shall submit the name and contact information for their nominee (“Designated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor. 3. The Mayor shall interview all Designated Nominees who timely complete applications, and thereafter may make nominations for appointment as provided in CVMC 2.61.050.D.4, subject to the City Council’s approval. 4. After completing interviews in accordance with CVMC 2.61.050.D.3, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms. E. At-Large Members. Five of the total 9 COC members shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At- large members shall be comprised of the following: 1. One member may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining members shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2022/01/18 City Council Post Agenda Page 390 of 415 Ordinance Page 4 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Kelly Broughton Glen R. Googins Deputy City Manager City Attorney 2022/01/18 City Council Post Agenda Page 391 of 415 Redline/Strikeout 2.61.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of 16 9 members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC members must be qualified electors at the time they apply and must maintain such status throughout their tenure. No COC member may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)). C. Designated Members. Eleven Four of the total 16 9 COC members shall be nominated, apply, and serve as “Ddesignated Mmembers.” Designated Mmembers shall be nominated, one each, by the following nominating authorities (each a “Nnominating Aauthority,”, collectively the “Nnominating Aauthorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 3. Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council Board Member; 4. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission; 5. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission; 6. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission; 7. Chula Vista Director of Public Works; nominee(s) must have expertise and experience in engineering or a related discipline (including construction); 87. San Diego and Imperial Counties Labor Council; 98. Alliance of Californians for Community Empowerment, San Diego branch; 10. Chula Vista Fire Chief; and 11. Chula Vista Police Chief. 2022/01/18 City Council Post Agenda Page 392 of 415 D. Designated Member Appointment Process. Designated members shall be appointed in accordance with the designated member appointment process specified in CVMC 2.25.052(D).identified below. 1. When a vacancy occurs, Designated Members shall be selected for nomination by the Nominating Authorities specified in CVMC section 2.61.050.C that do not have a Designated Member appointed to the COC (each an “Unrepresented Nominating Authority”; collectively the “Unrepresented Nominating Authorities”) at the time the vacancy occurs. If any of the Unrepresented Nominating Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council. 2. Unrepresented Nominating Authorities shall submit the name and contact information for their nominee (“Designated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor. 3. The Mayor shall interview all Designated Nominees who timely complete applications, and thereafter may make nominations for appointment as provided in CVMC 2.61.050.D.4, subject to the City Council’s approval. 4. After completing interviews in accordance with CVMC 2.61.050.D.3, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms. ED. At-Large Members. Five of the total 16 9 COC members shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At-large members shall be comprised of the following: 1. One member may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining members shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. (Ord. 3490 § 1, 2020; Ord. 3394 § 1, 2016). 2022/01/18 City Council Post Agenda Page 393 of 415 v . 0 03 P a g e | 1 January 18, 2022 ITEM TITLE Ratification of the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista and Report of the City Manager Regarding Status of Trash Service and Impacts on the Community Report Number: 22-0056 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Hear the report of the City Manager regarding the status of trash service and its impacts on the community, and adopt the resolution re-ratifying the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista. SUMMARY Since December 17, 2021, Republic Services has been unable to fully perform its obligation to collect and dispose of all solid waste and recyclables within the City in accordance its franchise agreement. As a result, trash, organic waste, and recyclables have accumulated throughout the City. On January 12, 2022, the Director of Emergency Services of the City of Chula Vista issued a proclamation of local emergency, which was initially ratified at a January 14, 2022 special meeting of the City Council. This proposed resolution re- ratifies the proclamation of local emergency at the next regularly scheduled meeting on J anuary 18, 2022 in accordance with Chula Vista Municipal Code section 2.14.080. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act 2022/01/18 City Council Post Agenda Page 394 of 415 P a g e | 2 (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista (“City”) and Allied Waste Systems, Inc., a subsidiary of Republic Services, Inc. and doing business as Republic Services of Chula Vista (“Republic”) entered into an amended and restated solid waste collection, recycling, and disposal franchise agreement on September 11, 2014 granting Republic an exclusive franchise to collect and dispose of solid waste and recyclables from residential, commercial, and industrial sites within the City (“Agreement”). On December 17, 2021, the City of Chula Vista was officially notified by Republic that collection operations in the City would be impacted due to a work stoppage by Republic employees, which resulted in limited trash collection and a halt to recyclable material, organic waste and bulky item collection. From December 17, 2021 to the present, Republic has been unable to fully perform its obligation to collect, pick up, remove and dispose of all solid waste and recyclables accumulated on property within the City in accordance with the collection times and frequency specified in the Agreement. As a result of Republic’s failure to collect, pick up, remove, and dispose of solid waste and recyclables, the City has experienced an unsustainable accumulation of this material at residences, businesses and in the streets, creating conditions of extreme peril to the health and safety of persons, property and the natural environment within the City. Since December 20, 2021, the City is aware of over 500 emails and over 400 phone calls from concerned residents and businesses representatives who did not receive collection services and were experiencing waste overflow. The City is also aware that food, yard waste and recyclables are being comingled and treated as trash, and that excess uncollected waste is exacerbating pest infestations and contaminating city streets and storm drains. Industrial and construction services are also being negatively impacted by the lack of disposal services and failure to provide and service bins. In addition, City facilities have been heavily impacted as residents dispose of waste and recyclables in parks, recreation centers, and City offices. Trash receptacles at City parks and all large capacity bins at the Public Works Operations yard and the City Hall complex have been at capacity and overflowing. Section 2.14.80(A) of the Chula Vista Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency in the City of Chula Vista if the City Council in not in session. As a result of the immediate need to remediate and abate the accumulation of uncollected solid waste and recyclable materials and other violations of state and local law throughout th e City, and in the interest of public health and safety, the City’s Director of Emergency Services issued a proclamation of the existence of a local emergency on January 12, 2022 (“Proclamation”). 2022/01/18 City Council Post Agenda Page 395 of 415 P a g e | 3 The Proclamation confirms that the functions and duties of the City Disaster Council and Director of Emergency Services shall be those prescribed by state law, the City Charter and ordinances and resolutions of the City, including without limitation the provisions of Chula Vista Municipal Code sections 1.30.030 an d 2.14.080. The Proclamation also confirms the Director of Emergency Services’ authority to temporarily suspend or accelerate the enforcement of City Municipal Code requirements, regulations or contracts subject to applicable law. As a result of the Proclamation, the City Manager or Purchasing Agent is additionally authorized to secure in the open market immediate purchases of supplies, equipment, or contractual services during the emergency in accordance with Chula Vista Municipal Code section 2.56.100. At this time, the City anticipates that its initial steps to address the emergency will include setting up a dedicated phone number and email address for the public to report trash overages at multi -family and commercial properties. These reports will be forwarded to the City’s Department of Community Services, who will deploy a team to pick up all overfilled trash and take it to the landfill. City will also consider utilizing outside services to assist in removing uncollected and accumulated trash, organic waste, and recycling materials and to provide containers at City facilities for the public to use for disposal activities. Such facilities would need be managed and monitored by City staff or outside services to prevent behaviors such as illegal dumping. City staff will continuously monitor and assess additional measures needed as a result of this ongoing public health emergency, and will continue to engage with Republic in regard to their continuing obligation to fully perform trash collection services. The City Council ratified the Proclamation at a special meeting held on January 14, 2022. Chula Vista Municipal Code section 2.14.080(A) requires the City Council to take action to ratify the Proclamation at the next regularly scheduled Council meeting held after the date of the Proclamation, or the Proclamation will have no further force or effect. As contemplated by section 2.14.080(A), the Proclamation is being re- tendered for ratification by the Council at the next regularly scheduled Council meeting on January 18, 2022. The Proclamation, if re-ratified by City Council, will expire at 5:00 p.m. on February 18, 2022 unless otherwise extended or terminated by the City Council or City Manager. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The subject resolution is anticipated to have a current-year impact to the General Fund; however, the details of such impact are currently unknown. Staff will report back to Council regarding funds expended in relation to the subject resolution. ONGOING FISCAL IMPACT The subject resolution is unlikely to contribute in any significant way to ongoing fiscal impacts to the City. ATTACHMENTS 2022/01/18 City Council Post Agenda Page 396 of 415 P a g e | 4 1. Resolution Ratifying Proclamation of the Existence of a Local Emergency 2. Attachment A: Proclamation of Existence of Local Emergency (January 12, 2022) 2022/01/18 City Council Post Agenda Page 397 of 415 Page 1 of 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PURSUANT TO CHAPTER 2.14 OF THE CHULA VISTA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CHULA VISTA WHEREAS, on September 11, 2014, the City of Chula Vista (“City”) and Allied Waste Systems, Inc., a subsidiary of Republic Services, Inc. and doing business as Republic Services of Chula Vista (“Republic”) entered into an amended and restated solid waste collection, recycling, and disposal franchise agreement granting Republic an exclusive franchise to collect and dispose of solid waste and recyclables from residential, commercial, and industrial sites within the City (“Agreement”); and WHEREAS, on or about December 17, 2021, Republic notified the City that collection operations in the City would be impacted due to a work stoppage by Republic’s employees; and WHEREAS, the City is aware of approximately 526 emails and approximately 408 phone calls reporting the overflow of trash and recyclables since December 20, 2021; and WHEREAS, the City is aware that food, yard waste, and recyclables are being comingled and treated as trash, that excess trash is creating pest infestations, and that overflowing trash, recyclables and organic waste are contaminating city streets and storm drains; and WHEREAS, the City is aware that industrial and construction services are being negatively impacted by the lack of disposal services and failure to deliver new bins; and WHEREAS, the City is aware that residents are disposing of waste and recyclables at City facilities and parks, that all 1,010 trash receptacles at City parks and all Public Works Operation Yard receptacles are at capacity and overflowing, and that no collection or disposal service is being provided to larger capacity dumpsters or the City Hall complex; and WHEREAS, as a result of Republic’s failure to collect, pick up, remove and dispose of solid waste and recyclables, solid waste and recyclable materials have accumulated and will continue to accumulate throughout the City at residences, businesses, and in the streets, creating conditions of extreme peril to the health and safety of persons and property within the City; and WHEREAS, Section 2.14.080(A) of the Chula Vista Municipal Code authorizes the Director of Emergency Services to issue a proclamation of the existence or threatened 2022/01/18 City Council Post Agenda Page 398 of 415 Page 2 of 3 existence of a local emergency in the City of Chula Vista if the City Council is not in session; and WHEREAS, on January 12, 2022, the City Council was not in session; and WHEREAS, on January 12, 2022, the Director of Emergency Services issued a proclamation of the existence or threatened existence of a local emergency in the City of Chula Vista as a result of the immediate need to remediate and abate the accumulation of uncollected solid waste and recyclable materials, and other violations of sate and local law, throughout the City in the interest of public health and safety; and WHEREAS, whenever a local emergency is proclaimed by the Director of Emergency Services, Chula Vista Municipal Code Section 2.14.080(A) requires that the City Council shall take action to ratify the proclamation at their next regularly scheduled Council meeting held after the date of the proclamation, or the proclamation shall have no further force or effect unless terminated sooner by the City Council at a special meeting called by Council for that purpose; and WHEREAS, the City Council ratified the Proclamation at a special meeting on January 14, 2022; and WHEREAS, the January 18, 2022 meeting of the City Council is the next regularly scheduled Council meeting held after the date of the January 12, 2022 proclamation issued by the Director of Emergency Services for purposes of Chula Vista Municipal Code Section 2.14.080(A); and WHEREAS, as a result of the existence of and threatened existence of conditions of extreme peril to the health and safety of persons and property within the City, it is necessary to exercise the City Council’s authority pursuant to Section 2.14.080 to ratify the actions of the Director of Emergency Services related to the protection of the public health and safety. NOW, THEREFORE, based on the facts and circumstances set forth above, the City Council of the City of Chula Vista hereby resolves as follows: 1. The Proclamation of the Existence of a Local Emergency of the Emergency Services Director of the City of Chula Vista City of Chula Vista Director of Emergency Services (“Proclamation”), attached hereto as Attachment A, is hereby ratified. 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed 2022/01/18 City Council Post Agenda Page 399 of 415 Page 3 of 3 by state law, the Cit y Charter, and ordinances and resolutions of the City, including without limitation the provisions of Chula Vista Municipal Code sections 1.30.030 and 2.14.080, and the authority to temporarily suspend or accelerate the enforcement of City Municipal Code r equirements, regulations or contracts subject to applicable law. 3. The City Council authorizes the City Manager, in her capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the accumulation of solid waste, including without limitation organic waste, and recyclables throughout the City. 4. The local emergency shall be deemed to continue and exist until February 18, 2022, unless otherwise extended or terminated by the City Council or City Manager, whichever occurs first. 5. If any section, subsection, sentence, clause or phrase of this Resolution or the Proclamation ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the Proclamation. The City Council hereby declares that it would have passed this Resolution and the Proclamation and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional. Presented by Approved as to form by _____________________________ ______________________________ Maria V. Kachadoorian Glen R. Googins City Manager/Director of Emergency Services City Attorney 2022/01/18 City Council Post Agenda Page 400 of 415 2022/01/18 City Council Post Agenda Page 401 of 415 2022/01/18 City Council Post Agenda Page 402 of 415 2022/01/18 City Council Post Agenda Page 403 of 415 From: Sal Abrica <sabrica@teamsters542.org> Sent: Tuesday, January 18, 2022 4:55 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Agenda item 7.3 Dear Madam City Clerk, My name is Salvador Abrica, Teamsters Local Union No 542. I am respectfully submitting this comment under agenda item 7.3. Thank you, Salvador Abrica Get Outlook for iOS Warning: External Email 2022/01/18 City Council Post Agenda Page 404 of 415 General Public Comment My name is Salvador Abrica, here on behalf of Teamsters Local 542. First, we want to acknowledge how difficult these last several weeks have been for everyone, especially the residents of Chula Vista. Our members, who have sacrificed their pay and benefits, want nothing more than to work and clean up this city from the mess Republic has made. That’s why they voted on returning to work under the conditions set forth by Republic Services in their last, best and final offer. I’m so proud that after decades of mistreatment our members took a stand and stayed strong and united against a $10B corporation that cares about nothing but their profits. The fight for dignity and respect for workers in this industry is far from over. Corporate America better wake up. Workers are taking matters into their hands and standing up for what they deserve. A sleeping giant is waking up. I would like to take the opportunity to request a sit-down meeting with every City Council member to discuss both what we have learned and shared with cities best practices to protect against abuse from this and other corporations in this industry as well as how you can protect this city from the abuses of for-profit waste companies in the future. I can be reached at (619) 977-0025 or sabrica@teamsters542.org Thank you for your time and I look forward to hearing from each of you. 2022/01/18 City Council Post Agenda Page 405 of 415 Update on Chula Vista Trash/Recycling/Yard Waste Collection Manuel Medrano, Environmental Services Manager January 18, 2022 2022/01/18 City Council Post Agenda Page 406 of 415 Mitigation Activities •City teams and contractors are collecting trash surrounding dumpsters at multi-family complexes to continue until the end of the week •Contractors from Work for Hope and Alpha Project are assisting crews. •City continue to coordinate with Republic Services to help with efficiencies to reduce the pile-up of trash in the community. •City established an email and phone number to report overflowing trash at multi-family properties 2022/01/18 City Council Post Agenda Page 407 of 415 Mitigation Numbers to date •City staff and contractors working on a list of 500+ multi-family properties to pick up overflow trash –ease collection •Deploying 5 –8 vehicles •30+ staff and contractors •134,060 pounds collected •213 multi-family sites cleaned 2022/01/18 City Council Post Agenda Page 408 of 415 2022/01/18 City Council Post Agenda Page 409 of 415 2022/01/18 City Council Post Agenda Page 410 of 415 Before & After 2022/01/18 City Council Post Agenda Page 411 of 415 Before & After 2022/01/18 City Council Post Agenda Page 412 of 415 Republic Services Update Residential/Multi-family/Commercial Services: •On January 17 residential Trash routes resumed -NO yard waste (green)collected •As of today (1/18/22) trash, recycling & yard waste collected •Residential & Commercial 2022/01/18 City Council Post Agenda Page 413 of 415 Otay and Sycamore Landfill Remains an Option •Free trash and recycling disposal for self-hauling is available at Otay and Sycamore Landfills –this week •Hours of operation: Monday –Friday; 7 a.m. –4:30 p.m. •For a critical issue regarding trash accumulation, please contact Republic Waste at 619-421-9400 or CustomerServiceCV@republicservices.com 2022/01/18 City Council Post Agenda Page 414 of 415 Update on Chula Vista Trash/Recycling/Yard Waste Collection Manuel Medrano, Environmental Services Manager January 18, 2022 2022/01/18 City Council Post Agenda Page 415 of 415